KENTUCKY STATE UNIVERSITY BOARD OF REGENTS

ACTION ITEM:

Approval of Declaration of Emergency Relating to Facilities, Maintenance, and Custodial Services, Pursuant to KRS 45A.095(1)(a).

FACTS:

Much of the campus is in a serious state of disrepair. Despite numerous attempts by University staff to mitigate and manage the numerous facilities, maintenance, and custodial issues that exist, sufficient progress has not been made. These issues are not just cosmetic; they pose a serious threat to the integrity of campus buildings and therefore the health and safety of students, faculty, and staff. Therefore, the University requests the Board of Regents to declare the existence of an emergency condition.

Pursuant to KRS 45A.095(1)(a), an emergency condition is “a situation which creates a threat or impending threat to public health, welfare, or safety such as may arise by reason of fires, floods, tornadoes, other natural or man-caused disasters, epidemics, riots, enemy attack, sabotage, explosion, power failure, energy shortages, transportation emergencies, equipment failures, state or federal legislative mandates, or similar events.” The University contends that the state of campus facilities meets the definition of that statute. The effect of a declaration is that the University would then be permitted to contract for facilities, maintenance, and custodial services through noncompetitive negotiation, pursuant to KRS 45A.380 and KRS 45A.095(2)(c). Noncompetitive negotiation would allow the University to quickly and directly negotiate a contract with a company that has the requisite knowledge and experience to assist in addressing long-needed facilities, maintenance, and custodial needs.

BUDGETARY IMPLICATIONS:

None. The declaration of emergency does not force the University into a binding agreement with any contractor. Therefore, there are no budgetary costs associated with the declaration.

RECOMMENDATION:

Interim President Ronald A. Johnson recommends that the Kentucky State University Board of Regents approves a declaration of emergency relating to facilities, maintenance, and custodial services.

MOTION:

Approve the declaration of emergency.