FILE:  EBGA

CAPITAL REPAIRS

Pursuant to the applicable provisions of La. Rev. Stat. Ann. §17:1990, this policy is established to provide guidance for Type 5 Charter Operators under contract with the Recovery School District (RSD) that operate schools in facilities owned by the East Baton Rouge Parish School Board (EBRPSB).  It is also established to provide definitions for maintenance/repair expenditure, and a capital expenditure.  Moreover, it outlines an operational plan for responsibility, procurement, and implementation of necessary work under each definition.

1. Maintenance/Repair Expenditure

1. 1. Expenditure not exceeding $25,000 encumbered by a charter operator to maintain or repair a building component not performing to a level that provides for a safe, dry and comfortable learning environment.

1. 1. 1. General or routine facility repairs

      2. Emergency repairs

1. 2. Expenditure not exceeding $25,000 encumbered by a charter operator intended to maximize the reliability, performance and lifecycle of a Building System.

1. 1. 1. Preventive Maintenance

2. Capital Expenditure

1. 1. Expenditure exceeding $25,000 encumbered by EBRPSB to rehabilitate or implement a major maintenance/repair effort to a Building System that increases the value and/or extends the serviceable lifespan of the facility.

1. 1. 1. Full replacement or major upgrade to a Building System

1. 2. Only repairs of the following Building Systems will be considered a Capital Expenditure.

1. 1. 1. Exterior Envelope (exterior wall system, flashings, doors, windows and roof)

      2. HVAC

      3. Electrical

      4. Plumbing

      5. Structural

      6. Fire Suppression and Monitoring on schools constructed after 2001

1. 3. The need for a capital expenditure must not be the result of inadequate or neglectful maintenance on the part of the charter operator or their contractors/subcontractors.
      
      

   4. The need for a capital expenditure must not be due to a deficiency that could have been remedied for a lower cost had a maintenance or repair effort been made by the Charter Operator upon discovery of the building component deficiency.
      
      

   5. Bundling of maintenance and repair expenditures to exceed the $25,000 threshold is not considered a capital expenditure.

3. Maintenance Log

1. 1. The RSD, through the charter lessee, must maintain an ongoing maintenance log documenting all repair/maintenance expenditures incurred by the Charter Lessees during the term of occupancy of the facility.
      
      

   2. The maintenance log shall be submitted to EBRPSS on a quarterly basis and in a format mutually acceptable to both parties.

4. Capital Repair Requests

1. 1. The RSD may submit a Capital Repair Request to the EBRPSB when the cost exceeds $25,000 and type of improvements meets definition of a capital expenditure as described in item 3 of this document.
      
      

   2. The following steps shall be followed by the Charter Operator for a capital repair request to be considered by the EBRPSB.

1. 1. 1. Identify the nature of and need for a facility/equipment repair.

1. 1. 1. 1. Overview and description of the deficiency that necessitates repair or replacement
            
            

         2. Overview of any actions taken by the charter school lessee to stabilize or remediate the damage upon initial identification of the need for a repair.

1. 1. 2. Obtain and submit to EBRPSB written quote(s) for the identified work from qualified vendor(s).

5. Vendor Qualifications, Design Certification and Permits

1. 1. All vendors who provide repair, maintenance or capital improvements to an EBRPSB facility are to be qualified, licensed and insured to perform the type of work being requested (i.e., electrical, plumbing, etc.).
      
      

   2. Where repairs, maintenance or capital improvements require the certification of a design professional (architect or engineer), the responsible party (RSD or EBRPSB) shall engage and compensate a design professional to scope, design and certify the work has been completed in accordance with applicable building and life safety codes.
      
      

   3. When repair, maintenance or capital improvements to an EBRPSB facility require state and (or) local permits, the responsible party (RSD or EBRPSB) shall ensure that permits are acquired by the vendor and that the work is inspected and approved by the appropriate permitting authority.

6. EPRPSB Review and Approval

1. 1. EBRPSB shall review the RSD's request for a capital expenditure and either approve or deny the request based on the terms and conditions outlined in this document and the availability of funding, which shall be made in the sole discretion of the EBRPSB.
      
      

   2. Providing the RSD submits all required documentation in a format that will allow for a technical evaluation, EBRPSB will render a decision within thirty (30) calendar days of the request.  In the case of an emergency, EBRPSB will make a good faith effort to expedite the approval.
      
      

   3. No charter operator that is more than thirty (30) days in arrears in outstanding debts owed to the EBRPSB for related services will be eligible for any of the considerations provided for in this policy.

New policy:  January 21, 2016

Ref:    La. Rev. Stat. Ann. §17:81

Board minutes, 1-21-16

East Baton Rouge Parish School Board