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Title 07
Chapter 07.06
Section 07.06.340
 

Title 07 Finance

Chapter 07.06 Procurement of Goods, Services and Works

Article VI. Remedies

Section 07.06.340 Remedies for Solicitations or Awards in Violation of Law
  1. Prior to Bid Opening.
    If, prior to bid opening, it is determined administratively or upon judicial review that a solicitation is in violation of applicable law, the solicitation is canceled or revised to comply with such law.

  2. Prior to Award.
    If, after bid opening, it is determined administratively or upon judicial review that a solicitation or proposed award of a contract is in violation of applicable law, the solicitation or proposed award is canceled.

  3. After Award.
    If, after an award, it is determined administratively or upon judicial review that a solicitation or award of a contract was in violation of applicable law, then if the person awarded the contract has:

    1. not acted fraudulently or in bad faith, the contract may be:

      1. ratified and affirmed by the City Council, if it is determined that doing so is in the City’s best interests; or

      2. terminated upon order of the City Council;

    2. acted fraudulently or in bad faith, the City Council may declare the contract null or voidable, if such action is in the City’s best interests, without prejudice to the City’s rights to any appropriate damages.

Date Passed: Monday, March 12, 2018

Effective Date: Saturday, April 21, 2018

ORD C35602 Section 2