______School District
Address
Resolution #_____
Declaration of Emergency Repair and/or Replacement
WHERAS, on or about ______date, the main freezer unit for the central kitchen located at ______School District failed; and
WHERAS, the food was removed from the unit for temporary storage in a borrowed freezer truck; and
WHERAS, the unit was inspected by the maintenance department who determined it could not be repaired and needs to be condemned; and
WHERAS, there is not commercial freezer space to rent or use in the ______District area; and
WHERAS, the District cannot repair the unit, even for a short time, and must replace the unit immediately; and
WHERAS, it would take the District approximately six weeks to proceed through the formal bidding process making it impossible to operate the District’s food service program and jeopardize the continuance of existing school classes; and
WHERAS, California Public Contract Code Section 20114 provides:
In an emergency when any repairs, alterations, work, or improvement is necessary, to permit the continuance of existing school classes, or to avoid danger to life or property, the board may, by unanimous vote, withthe approval of the County Superintendent of Schools, do either of the following:
(a)Make a contract in writing or otherwise on behalf of the district for the performance of labor and furnishing of materials or supplies for the purpose without advertising for or inviting bids.
(b)Notwithstanding Section 20114, authorize the use of day labor or force account for the purpose.
THEREFORE, BE IT RESOLVED, that the District Governing Board, pursuant to California Public Contract Code section 20113, unanimously finds that the condition of the broken and deteriorated freezer unit constitutes an emergency that should be immediately replaced; and
BE IT FURTHER RESOLVED, that the District Governing Board hereby authorizes the Superintendent to take all necessary immediate action to replace the freezer unit.
PASSED AND ADOPTED this ____ day of ______, 200_, by the following vote:
AYES: ___
NOES: ___
ABSENT: ___
Date: ______
Superintendent
Secretary to the Board
I, ______, secretary to the board of the ______School District, do hereby certify that the foregoing is a true and correct copy of the resolution adopted by the Board of the ______School District at the special meeting of ______(date), which resolution is on file in the office of the said Board:
Date: ______
Superintendent
Secretary to the Board
APPROVED BY COUNTY SUPERINTENDENT OF SCHOOLS:
Date: ______
Lee Andersen, ED.D.
Merced CountySuperintendent of Schools