Annual Emergency Contracts Reporting
The CSU is required to report to the
California Department of Finance and the Joint Legislative Budget Committee annually, before December 31, all exemptions from the bidding process due to "unexpected causes" (see Public Contract Code Section 10722).
This includes contracts awarded informally through telephone solicitation, but does not include contracts awarded after written solicitation of bids. The campus must ensure that all such instances are reported to the Chancellor’s Office. To file a report, the campus shall prepare a memo indicating there was an emergency on the campus that required exemption from the bidding process and state the nature, date and location of the emergency, actions taken, contractor and contract amount, and duration of project. Submit the memo to the CPDC, Facilities Planning unit, within 10 working days of each such occurrence.
CPDC releases a call letter to the campuses for the CSU annual reporting requirements to the state legislature. The letter requests the following information for each emergency contract/purchase order (PO):
- Campus
- Name of contractor
- Contract/PO number
- Date of issuance
- Total amount of services provided
- Brief description of the emergency event that necessitated the contracted work, including building name and number (or other location)
References:
CSU Emergency and Risk Management and Business Continuity
When the Chancellor’s Office (CO) Emergency Operations Center (EOC) is activated, CO “Essential Personnel” include:
- All CO personnel assigned to the EOC
- Those CO personnel identified by their department as likely to be needed to respond during an emergency situation
Emergency Repairs
Campuses can utilize an
immediate-response job order contract (JOC) for work and remedial measures that are required immediately and necessary to protect the public health, safety and welfare (i.e., in an emergency).
The emergency must be due to:
- an act of God
- earthquake
- flood
- storm
- fire
- landslide
- public disturbance
- vandalism
- another unexpected cause
The immediate response JOC should be used to address the emergency only and should not be used for any work beyond the emergency.
Facilities’ Emergency-Response Role
Federal Disaster Assistance
In the event of a catastrophic disaster, if the governor requests it federal resources may be mobilized through the U.S. Department of Homeland
Federal Emergency Management Agency (FEMA)
for federal assistance to state or local governments to pay part of the costs of rebuilding a community's damaged infrastructure.
Federal assistance may include funding for debris removal, emergency protective measures and public services, repair or replacement of damaged public property, loans needed by communities for essential government functions, and grants for public schools. FEMA coordinates with the
California Governor’s Office of Emergency Services (Cal OES) to implement the Public Assistance (PA) Grant Program.
As part of this process, each campus will need to know its
DUNS and
EIN numbers.
What is a DUNS number?
A DUNS, or Data Universal Numbering System number, is a nine-digit identifier for businesses. It is used to establish a business credit file, which is often referenced by lenders and potential business partners to help predict the reliability and/or financial stability of the company in question. The federal government also uses a DUNS number to track how federal money and grants are allocated.
What are DUNS numbers used for?
A DUNS number provides information related to a company, such as the business name, financial data, trade name, payment history, financial status and executive names. An authorizing representative of a company must request a DUNS number. The number is necessary to bid on local, state or government contracts and to apply for federal grants.
What is an EIN Number?
An EIN, or Employer Identification Number, is a unique nine-digit identification number assigned by the Internal Revenue Service. An EIN is used on tax returns, business licenses and business permits and on applications and forms that require you to fill in an IRS number to specifically identify your business.
As part of disaster preparedness, the campus should periodically review the Public Assistance links at Cal OES,
as some material may change due to changes in federal or state law or to changes in federal or state disaster assistance regulations and related procedures.
In general, FEMA and Cal OES require that claims for repair costs are supported by creditable evidence that they are in fact due to the disaster and not due to, for example, deferred maintenance. Depending on the scope of the disaster damage, campuses may wish to consider hiring a consultant to assist with preparation of the List of Projects (Cal OES 95; XLS), which can be found on the Cal OES website.
If feasible, the campus should try to prepare the List of Projects prior to attending the Applicant Briefing
for the particular disaster, as this will expedite the scheduling of FEMA and Cal OES inspections, and thus expedite the overall reimbursement of eligible costs. Although normal CSU procurement and contracting procedures will be used for much of disaster repair, campuses should use care in the procurement process during the debris removal/protective measures stages.
Traditional cost-plus-a-percentage-of-cost contracts are not eligible for reimbursement under FEMA regulations. Also, time-and-material contracts should have contractor-at-risk not-to exceed ceilings, and change orders to raise the ceilings should be properly documented as to reasonableness (see 44 Code of Federal Regulations, Parts 13 and 206; Office of Management and Budget, Circular A21, A110, A133; Stafford Act).
As a starting point, the responsible campus procurement staff and construction management staff may review
44 Code of Federal Regulations, Part 13.
California Office of Emergency Services
- Campus OES Numbers Index:
References:
Fire and Explosion Reporting
First, contact local emergency services at
911 for an immediate response.
Next, notify the State Fire Marshal at
(916) 323-7390.
California Health and Safety Code Section 13107 requires that all fires or explosions in or on state-owned, state-occupied facilities and properties be investigated by the State Fire Marshal (SFM).
Notification of the State Fire Marshal’s Office shall be immediate.
The Duty Officer will answer this phone on a 24/7 basis. Have the following information on hand:
- Type of incident (fire or explosion, etc.)
- Location of incident
- Time of incident
- Was local Fire/Police Department dispatched?
- Information on any injury or fatality
- Name and phone number for a callback from the State Fire Marshal’s office
It is the responsibility of the facility to contact the Duty Officer to report the incident. Please do not contact the assigned field deputy (DSFM). The Duty Officer will contact the appropriate Division Chief or Supervisors. The Division Chief or Supervisor will make a decision to dispatch an investigator or DSFM. If necessary, both an investigator and DSFM will be dispatched.
If you’re calling from a campus, ask for the name of the duty officer responding to the call and record the time you called the State Fire Marshal.
After notifying the State Fire Marshal, notify the designated Campus Deputy Building Official, the CSU Systemwide Building Official, and the designated CPDC Deputy Director of Fire Safety Division.
References:
Seismic Emergency Response Protocol
The
CSU Seismic Requirements
were established to implement the Seismic Policy set by the Board of Trustees. The CSU Seismic Policy applies
to all structures within the bounds of a CSU campus master plan. If a campus seeks to conduct operations at an off-campus location, the facility must be evaluated according to the Standards for Acquiring Buildings and Space (Lease/Acquisition Policy). Project funding source has no effect on peer review need. CSU use is the determining factor.
The CSU has established campus-specific seismic ground-motion parameters that supersede California Building Code (CBC) values and implement a conservative evaluation on CBC Structural Risk Category assignments. As these can have a substantial effect on project costs, it is imperative that campuses inform the contractor and design team proposer of these CSU seismic requirements at the solicitation stage of a project.
When a Seismic Event Occurs
Article 6 of the CSU Seismic Requirements describes the emergency seismic response protocol to be used in the case of a significant seismic event. In such an event, the Chair of the CSU Seismic Review Board, currently Tom Sabol, is empowered to act, under the authority of the CSU Chief Building Official, as a Designated Building Official for the purposes of structural safety determinations for campus facilities.
When an earthquake occurs, the Chief Building Official, their Deputy or the Chair will contact the campus Executive Facility Office to obtain an initial damage assessment. If significant damage is reported, or if there are other reasons to believe damage may have occurred, the Chair will travel to the campus as soon as is practical. In the event the Chair is unable to reach the campus, the Co-Chair, or another Seismic Review Board member, may perform the duties of the Designated Building Official.
Upon arrival at the campus, the Designated Building Official will confer with the Campus Deputy Building Official to provide an update to any initial structural safety evaluations made up to that time. Depending on the severity of the event and based on such evaluations, each campus building will be reviewed and posted as follows:
- Lawful Occupancy Permitted (Green)
- Restricted Use (Yellow), with the limitations on entry explicitly stated on the placard, or
- Unsafe (Red)
Where “Restricted Use” or “Unsafe” postings are made the campus police shall restrict occupancy and entry to emergency response personnel and individuals specifically authorized by a CSU building official. This is to limit the risk to occupants until the risk is sufficiently reduced to allow placement of an “Occupancy Permitted” placard.
Campus staff or administrators cannot overrule posted designations of “Restricted Use” or “Unsafe” established by the Designated Building Official or the CSU Chief Building Official. Determinations by the Designated Building Official or the CSU Chief Building Official take precedence over Campus Deputy Building Official determinations. In addition to the Designated Building Official, the Seismic Peer Reviewer assigned to the campus can be expected to visit and work with the Designated Building Official in evaluating the condition of campus facilities.
CSU Seismic Review Board and CSU Building Official contact information is provided as an attachment to inform campuses of those authorized to make determinations in a significant seismic event and to enable campus personnel to contact them for an emergency response. These listings are periodically updated. Current listings are always available online at a
the CPDC Architecture & Engineering site.
References: