BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Update on the Condition of the Milpitas Pipeline and Determination that the Condition of the Milpitas Pipeline Continues to Constitute an Emergency (San Jose) (District 3).
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RECOMMENDATION:
Recommendation
A. Receive an update on the Milpitas Pipeline; and
B. Determine by a four-fifths vote of the Board that there is a need to continue the emergency action declared by the Chief Executive Officer (CEO) on March 16, 2020, pursuant to California Public Contract Code ?22050, to repair the Milpitas Pipeline.
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SUMMARY:
On March 16, 2020, the CEO declared that the condition of the Milpitas Pipeline (MPL) constituted an emergency condition pursuant to California Public Contract Code ?22050. The CEO further determined that Santa Clara Valley Water District (Valley Water) staff may repair such pipeline, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
According to Public Contract Code ?22050, in order for the CEO's emergency declaration action to remain in place, the Board must initially review the emergency action not later than seven days after the action was taken, or at its next regularly scheduled meeting if that meeting will occur not later than fourteen days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by four-fifths vote that there is a need to continue the emergency action; this agenda item recommends the Board make such a finding. This item is being considered at a special Board meeting being held the day after the emergency was declared as the regular Board meeting schedule is uncertain at this time due to the impacts of COVID 19.
The current condition of the MPL poses an emergency condition as the pipeline supplies essential drinking water to the Milpitas area has devel...
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