File #: 19-869    Version: 1 Name:
Type: Informational Report Status: Passed
File created: 6/3/2019 In control: Public Works
On agenda: 6/11/2019 Final action: 6/11/2019
Title: Resolution Proclaiming the Existence of a Facilities Emergency (4/5 Vote Required)
Attachments: 1. Staff Report, 2. Resolution Proclaiming a Facilities Emergency, 3. Resolution 19-50
To: Board of Supervisors

From: Public Works

Agenda Section: Departmental

SUBJECT:
title
Resolution Proclaiming the Existence of a Facilities Emergency (4/5 Vote Required)
end

RECOMMENDATION(S):
Recommendation
That the Board of Supervisors:
1. Adopt the attached resolution which proclaims that the current condition of the Humboldt County Courthouse rollup gates constitutes a facilities emergency, and authorizes the Humboldt County of Department of Public Works to take any and all actions necessary to replace such gates pursuant to California Public Contract Code Section 22050. (4/5 Vote Required)

Body
SOURCE OF FUNDING:
General Fund (1100162)

DISCUSSION:
Section 22035 of the California Public Contract Code provides that "in cases of emergency when repair or replacements are necessary, the governing body may proceed at once 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 such "work may be done by day labor under the direction of the governing body, by contractor, or by a combination of the two." If notice for bids will not be given, the public agency must comply with California Public Contract Code Sections 22050, et seq.

Section 22050(a)(1) of the California Public Contract Code provides that "in the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services and supplies for those purposes, without giving notice for bids to let contracts." Before a governing body may take any action pursuant to California Public Contract Section 22050(a)(1), it must make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids...

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