Review Agenda Item
Meeting Date: 8/3/2021 - 7:00 PM
Category: Consent Agenda A - Routine Business
Type: Action
Subject: (Item A-7) Resolution 2021-47 Declaring the Need for Emergency Repairs at JAESC Personnel Department as per Public Contract Code Sections 20113 and 22035 (Mr. Kahn)
:
Enclosure Resolution 2021-47
File Attachment:
Resolution 2021-47_.JAESC Personnel Dept_ADA.pdf
LodiUSD07.13.2021_ADA.pdf
Summary: On Monday, July 5, 2021, District Staff discovered that a sprinkler was activated at the James Areida Education Support Center, specifically in the Personnel Department outside the Assistant Superintendent of Personnel’s office. It was determined that a sprinkler head broke as there was no heat source, no fire, no smoke. Water flowed for an unspecified amount of time flooding 90% of the floor and causing damage to floors, walls and furniture.

Public Contract Code 20113 allows school districts to let these types of contracts in an emergency situation, if certain conditions are met, including concurrence of the County Superintendent and a unanimous vote of approval by the local district's Board of Education. "Emergency" as used in Public Contract Code 20113 means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.

The Board has by Resolution, elected to become subject to the uniform cost accounting procedures relating to alternate procedures for public works projects including the provisions of Public Contract Code sections 22035 and 22050. Public Contract Code Section 22035 sets for that, in cases of emergency when repair or replacements are necessary, the governing body may proceed at one to replace or repair any public facility without adopting plans, specifications, strain sheets, or working details, or giving notice for bids to let contracts, and that the work may be done by day labor under the direction of the governing body, by contractor or a combination of the two.
Funding: The District has filed a claim with Northern California Regional Liability Excess Fund Joint Powers Authority for damages and repairs that exceed the District's deductible of $50,000.
Recommendation: It is recommended that the Board of Education adopt Resolution 2021-47 authorizing emergency work at the JAESC Personnel Department.
Approvals:
Recommended By:
Signed By:
Cricket Koch - Director
Signed By:
Brian Holloway - Director III
Signed By:
Leonard Kahn - Chief Business Officer
Signed By:
Cathy Washer - Superintendent