COMPLETED BOARD ORDER�"�q�73
Before the Board of Supervisors in and for the
County of Monterey, State of California
Budget No: 10/11 016
a. Adopt Resolution finding that the damages caused by recent flooding discovered on
July 19, 2010, in the North Wing of the Salinas Courthouse poses an emergency
requiring immediate action without adopting plans and specifications or giving notice
for bids to let the contracts; and ratifying the execution of emergency contracts and
emergency actions taken by the Contracts/Purchasing Officer or his designee to
respond to the emergency; and delegating authority to the Contracts/Purchasin9
Officer or his designee to execute additional emergency contracts as necessary 4/5
vote required); and
b. Authorize the Auditor-Controller to move appropriations within appropriation Unit
RMA015, Fund 404, Unit 8174 from Account 7521 Undesignated Needs Board
Approval to Account 7551 Construction in Progress to finance the emergency costs
4/5t' vote required).
Upon motion of Supervisor Potter, seconded by Supervisor Armenta, and carried by those
members present, the Board hereby:
a, Adopted Resolution No. 10-237 finding that the damages caused by recent flooding
discovered on July 19, 2010, in the North Wing of the Salinas Courthouse poses an
emergency requiring immediate action without adopting plans and specifications or giving
notice for bids to let the contracts; and ratifying the execution of emergency contracts and
emergency actions taken by the Contracts/Purchasing Officer or his designee to respond to
the emergency; and delegating authority to the Contracts/Purchasing Officer or his designee
to execute additional emergency contracts as necessary 4/5th vote required); and
b. Authorized the Auditor-Controller to move appropriations within appropriation Unit
RMA015, Fund 404, Unit 8174 from Account 7521 Undesignated Needs Board
Approval to Account 7551 Construction in Progress to finance the emergency costs 4/5Ih
vote required).
PASSED AND ADOPTED this 27th day of July, 2010, by the following vote, to wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.
Dated: July 29, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
By V~_ \.~n
Deputy
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COMPLETED RESOLUTION NO. 10-2�s�73
Before the Board of Supervisors in and for the
County of Monterey, State of California
Resolution No: 10 237
Adopt Resolution finding that the damages caused by recent flooding discovered on
July 19, 2010, in the North Wing of the Salinas Courthouse poses an emergency
requiring immediate action without adopting plans and specifications or giving notice
for bids to let the contracts; and ratifying the execution of emergency contracts and
emergency actions taken by the Contracts/Purchasing Officer or his designee to
respond to the emergency; and delegating authority to the Contracts/Purchasing
Officer or his designee to execute additional emergency contracts as necessary 4/5
vote required).
RECITALS:
WHEREAS, on July 19, 2010, under Public Contract Code Sections 20134(a) and 22050, the
Monterey County Administrative Officer proclaimed the existence or threatened existence of an
emergency as defined in Section 1102 of the Public Contract Code; and
WHEREAS, Public Contract Code Section 22050 requires that findings based on substantial
evidence must be made that the emergency will not permit delay resulting from a competitive
solicitation of bids, and that the action is necessary to respond to the emergency, by a four-fifths
vote of the Board; and
WHEREAS, Public Contract Code Section 20134 further provides that in cases of emergency,
repairs that are necessary to permit the continued conduct of county operations or services may
proceed at once with the majority consent of the Board of Supervisors without adopting plans
and specifications, and without giving notice for bids to let contracts; and
WHEREAS, immediate action has been taken and will continue to remediate existing damage
and prevent further damages caused by recent flooding in the North Wing of the Salinas
Courthouse, and to restore the building to a safe state for the scheduled re-occupancy by the
Superior Court of Monterey County; and
WHEREAS, this immediate action includes the retention of contractors to perform the
remediation work on an emergency basis as needed on an ongoing basis; and
WHEREAS, review by the Board of the emergency action is required until the action is
terminated to determine that there is a need to continue the action.
NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors hereby:
1. Finds that the foregoing facts are true and correct.
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COMPLETED RESOLUTION NO. 10-2�s�73
2. Declares that a local emergency as defined by Section 1102 of the Public Contract Code
exists at the North Wing of the Salinas Courthouse requiring immediate action without adopting
plans and specifications and giving notice for bids to let contracts.
3. Finds that the emergency repairs were necessary to permit the continued operation of
county operations or services;
4. Find that based on the evidence presented, this emergency does not permit a delay
resulting from a competitive solicitation for bids, and immediate action is necessary to respond
to the emergency.
5. Ratifies the emergency contracts and the emergency actions taken by the County
Administrative Officer or his designee to respond to the emergency.
6. Delegates authority to the Contracts/Purchasing Officer or his designee to execute
additional emergency contracts as necessary.
7. Recognizes that the Director of Public Works or his designee will report back on the
status of the emergency at the next scheduled meeting on August 23, 2010, and every fourteen
days thereafter until the emergency ceases to exist.
PASSED AND ADOPTED on this 27th day of July, 2010, upon motion of Supervisor Potter,
seconded by Supervisor Armenta, by the following vote, to-wit:
AYES: Supervisors Armenta, Calcagno, Salinas, Parker, Potter
NOES: None
ABSENT: None
I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby
certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered in
the minutes thereof of Minute Book 75 for the meeting on July 27, 2010.
Dated: July 29, 2010 Gail T. Borkowski, Clerk of the Board of Supervisors
County of Monterey, State of California
eputy
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SIGNED BOARD REPORTX��"�v�MONTEREY COUNTY BOARD OF SUPERVISORS
MEETING: July 27, 2010 Consent AGENDA NO.: 7 a
SUBJECT: a. Adopt a resolution finding that the damages caused by recent flooding
discovered on July 19, 2010, in the North Wing of the Salinas Courthouse
poses an emergency requiring immediate action without adopting plans
and specifications or giving notice for bids to let the contracts; and
ratifying the execution of emergency contracts and emergency actions
taken by the Contracts/Purchasing Officer or his designee to respond to the
emergency; and delegating authority to the Contracts/Purchasing Officer
or his designee to execute additional emergency contracts as necessary
4/5th vote required); and
b. Authorize the Auditor-Controller to move appropriations within
appropriation Unit RMAO15, Fund 404, Unit 8174 from Account 7521
Undesignated Needs Board Approval to Account 7551 Construction in
Progress to finance the emergency costs 4/5th vote required).
DEPARTMENT: RMA Public Works
RECOMMENDATIONS:
It is recommended that the Board of Supervisors:
a. Adopt a resolution finding that the damages caused by recent flooding discovered on July
19, 2010, in the North Wing of the Salinas Courthouse poses an emergency requiring
immediate action without adopting plans and specifications or giving notice for bids to let
the contracts; and ratifying the execution of emergency contracts and emergency actions
taken by the Contracts/Purchasing Officer or his designee to respond to the emergency; and
delegating authority to the Contracts/Purchasing Officer or his designee to execute
additional emergency contracts as necessary 4/5th vote required); and
b. Authorize the Auditor-Controller to move appropriations within appropriation Unit
RMAO15, Fund 404, Unit 8174 from Account 7521 Undesignated Needs Board
Approval to Account 7551 Construction in Progress to finance the emergency costs 4/5th
vote required).
SUMMARY/DISCUSSION:
On July 19, 2010, water damage was discovered at the eastern portion of the North Wing of the
Courthouse building due to unexpected flooding that occurred over the preceding weekend.
Immediate action was required to be taken to preserve the damaged areas of the building and to
prevent any further damage from occurring. The Chief Administrative Officer proclaimed the
existence of an emergency as defined by Public Contract Code Section 1102 and thereafter
authorized the commencement of remediation work. This emergency does not permit a delay
resulting from a competitive solicitation for bids, and immediate emergency action was
necessary to limit the extent of the damages and respond to the emergency. It may be necessary
for the County to enter into additional emergency contracts for remediation and restoration work,
as well as to determine the cause of the flooding incident and to take steps to prevent any further
occurrences.
Public Contract Code 1102 defines an emergency as a sudden, unexpected occurrence that
poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or
BIB]
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SIGNED BOARD REPORTX��"�v�Declare Emergency North Wing Salinas Courthouse
July 27, 2010
Page 2
impairment of life, health, property, or essential public services." The Public Contract Code
allows for the Board to declare an emergency and authorize the repair or replacement of a public
facility. Public Contract Code Section 22050 requires that findings based on substantial
evidence must be made that the emergency will not permit delay resulting from a competitive
solicitation of bids, and that the action is necessary to respond to the emergency, by a four-fifths
vote of the Board. Public Contract Code Section 20134 further provides that in cases of
emergency, repairs that are necessary to permit the continued conduct of county operations or
services may proceed at once with the majority consent of the Board of Supervisors without
adopting plans and specifications, and without giving notice for bids to let contracts. Review by
the Board of the emergency action is required until the action is terminated to determine whether
there is a need to continue the action. The Department will return to the Board at the next
regularly scheduled meeting for this purpose.
Immediate action was required to remediate existing damage and prevent further damage caused
by the flooding of the eastern portion of the North Wing of the Salinas Courthouse, and restore
the building to a safe condition for the scheduled re-occupancy of the Superior Court of
California, County of Monterey, planned for October 2010. If the action had not been taken,
irreparable damage to the building may have occurred.
So far, the County has used existing contractors to perform some of the remediation work and
has additionally retained Belfor Property Restoration. The remediation work includes draining of
water; removal of carpet, damaged ceiling tiles and insulation; removal of furniture;
dehumidification and mechanical ventilation and investigation of any potential impact to the
construction, tenant improvements and furniture. The Contracts/Purchasing Officer is working
to formalize the agreement with Belfor Propoerty Restoration.
OTHER AGENCY INVOLVEMENT:
County Counsel has reviewed and approved the procedures for finding the need for declaration
of the emergency action. Contracts/Purchasing concurs with this recommendation for
emergency action.
FINANCING:
There will be no impact to the General Fund or to the North Wing Renovation project's budget
because of this action. The emergency costs will be financed by the Facilities Master Plan
Implementation Fund, Fund 404, Appropriation Unit RMAO15, where there are sufficient
appropriations to cover the costs. Staff will pursue any potential reimbursement opportunities
that might be available.
Prepared by:
Gordon S. Siebert, P.E. 831)784-5643
Architectural Services Manager
Dated: July 23, 2010
Director of Public Works
Attachments: Board Order; Board Resolution; Location Map
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