FROM: Robert Thompson, General Manager
SUBJECT:
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CONFERENCE WITH LEGAL COUNSEL RE ANTICIPATED LITIGATION - GOVERNMENT CODE SECTION 54956.9(d)(2)
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recommendation
RECOMMENDATION: Convene in Closed Session:
Number of Potential Cases: 1
A. Claim/Demand Letter received from PCL Construction, Inc., re: Contract No. P2-98A for Project A-Side Primary Clarifier Replacement at Plant 2. Claim regarding a Change Order Proposal RFC 44; and
B. Claim/Demand Letter received from PCL Construction, Inc., re: Contract No. P2-98A for Project A-Side Primary Clarifier Replacement at Plant 2. Claim regarding a Change Order Proposal RFC 52.
Copies of these claims are on file with the Clerk of the Board and available for public inspection.
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BACKGROUND
During the course of conducting the business set forth on this agenda as a regular meeting of the Board, the Chairperson may convene the Board in closed session to consider matters of pending real estate negotiations, pending or potential litigation, or personnel matters.
Reports relating to (a) purchase and sale of real property; (b) matters of pending or potential litigation; (c) employment actions or negotiations with employee representatives; or which are exempt from public disclosure under the California Public Records Act, may be reviewed by the Board during a permitted closed session and are not available for public inspection. At such time the Board takes final action on any of these subjects, the minutes will reflect all required disclosures of information.
RELEVANT STANDARDS
• Government Code Sections 54956.8, 54956.9, 54957, or 54957.6, as noted
ATTACHMENT
The following attachment(s) are included in hard copy and may also be viewed on-line at the OC San website (www.ocsan.gov) with the complete agenda package:
• Memorandum from General Counsel