HomeMy WebLinkAbout07-153~~
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~~ }~+~~~~~,~4R'~~ ~~ Resolution 1V 0. 07-153
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RESOLUTION TO IMPLEMENT THE PROVISIONS OF PUBLIC CONTRACT
CODE SECTIONS 20134, 220335 AND 22050 RELATING TO EMERGENCY
PROCUREMENT PROCEDURES
WHEREAS, Section 20134 of the Public Contract Code (PCC) allows for the
emergency repair or replacement of public structures to permit the continued conduct of
county operations, subject to complying with section 22050 of the PCC; and
WHEREAS, Section 22035 of the PCC allows the governing body to proceed at
once with the repair or replacement of public structures in cases of emergency, subject to
complying with section 22050 of the PCC; and
WHEREAS, Section 22050 of the PCC allows the governing body to proceed
with the repair or replacement of public structures on an emergency basis, subject to the
adoption of a resolution by a four-fifths (4/5) vote making certain findings and delegating
authority; and
WHEREAS, the main courthouse is experiencing severe water infiltration
causing the delay of the completion of Basement Infill Project, and therefore the use of
the basement portion of that courthouse, and the transfer of court facilities; and
WHEREAS, the cause of the severe water infiltration problem, and the scope of
work required to repair it, have only recently been ascertained; and
WHEREAS, the severe water infiltration problem will result in damage to public
property if not repaired prior to the coming wet season; and
WHEREAS, there is urgency in the need to direct staff to move forward to fix the
problem as expeditiously as possible;
NOW, THEREFORE, the Board of Supervisors of the County of Butte does hereby
resolve, declare and find the following:
1. The foregoing recitals are adopted as a part of this resolution.
2. Implementation of the provisions of the sections cited in the recitals is critical to
prevent damage to public property, and to the continued operation of the County
and the Courts.
3. An emergency exists specifically related to the repair of the main courthouse in
Oroville, as the delay imposed by following normal bidding procedures would
result in damage to public property by allowing serious water intrusion during the
coming wet season.
4. An emergency exists specifically related to the repair of the main courthouse in
Oroville, as the delay imposed by following normal bidding procedures would
result in the further disruption of operations by delaying the use of the facility by
court personnel and the transfer of the facility, creating an added burden of
expense to the County and the Courts.
5. Pursuant to the provisions of sections 20134, 22035, and 22050 of the Public
Contract Code, the normal requirements for the bidding process are waived and
the Chief Administrative Officer is authorized to act on behalf of the Board of
Supervisors in signing contracts so that repair work can go forward in an
expedited fashion.
PASSED AND ADOPTED by the Butte County Board of Supervisors this 25`}' day of
September, 2007 by the following vote:
AYES: Supervisors Connelly, Kirk, ;Josiassen, Yamaguchi, and Chair Dolan
NOES: None
ABSENT: None
NOT VOTING: None
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JAN DO AN, Chair, Butte County Board of Supervisors
ATTEST: , ....-,.._.___
STARLYN. RO~N, Interim Chief dministrative Officer
and Clerk o~th~.I3 ~rdlof Supervisor
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