A. Contracts for the performance of public projects that are entered into in order to address emergencies, as defined in Public Contract Code section 1102, shall be let to contract in compliance with provisions of Public Contract Code sections 22035 or 22050, whichever one is applicable, as they may be amended.
B. Pursuant to Public Contract Code section 22050(b)(1), the District Engineer, or designee, may order any action necessary to repair or replace a public facility, 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.
1. If the District Engineer, or designee, exercises the authority delegated hereunder to execute a contract for the performance of a public project or orders work to address an emergency, and that contract or work would otherwise be subject to competitive bidding, pursuant to Public Contract Code section 22050(c)(2), the District Engineer, or designee, shall report back to the Board of Directors at the next meeting of that body that is scheduled to occur after such work is ordered or contract executed, and at each scheduled meeting thereafter until such work is completed, or until the Board of Directors orders cessation of the work or action.
2. Pursuant to Public Contract Code section 22050(c)(2), the Board of Directors shall review any emergency action taken by the District Engineer, or designee, that would otherwise require competitive bidding, at its next regularly scheduled meeting and at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a two-thirds vote, that there is a need to continue the action and that circumstances will not permit a delay resulting from a competitive solicitation for bids. (Ord. 142, 2020)