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any such information from the City Clerk. A Protestor may File written comment upon such <br /> information. The City will consider such comments if, and only if, the comments are (1) <br /> received in sufficient time for the City to review and analyze them and (2) the City has the <br /> expertise, resources, and financial ability readily available to review and analyze them. <br /> B. If the Procurement is to be made or awarded by City Council action as provided under <br /> City ordinances or policies existing at the time of the Procurement, City Council shall decide the <br /> Protest. In its sole discretion, Council may designate a person or committee of Council to review <br /> the Protest and recommend a decision. In the event of such designation and recommendation, <br /> Council shall consider the recommendation and decide the Protest. A Protestor and any other <br /> Interested Party may appear before Council or designated person or committee to comment upon <br /> the Protest, but only if allowed by, and pursuant to, existing procedures for public participation <br /> or comment, and shall not include examination of witnesses, the taking of evidence, or the <br /> submission of evidence. The Council's decision shall be final and binding. <br /> C. If the Procurement is to be made without City Council action, as provided under City <br /> ordinances or policies existing at the time of the Procurement, the City Attorney shall designate a <br /> person to decide the Protest. A meeting or conference with the Protestor will occur only if such <br /> designated person determines, in his or her sole discretion,that a meeting or conference with the <br /> Protestor would materially assist him or her in making a decision, but such meeting shall not <br /> include examination of witnesses, the taking of evidence, or the submission of evidence. The <br /> person designated by the City Attorney will issue a written decision. The decision shall be final <br /> and binding. <br /> D. The decision will be decided based upon the Protest, including documents attached to the <br /> Protest in support of the Protest, and any other information obtained by the City. <br /> E. Only those issues raised by the Protestor in its Protest Filed with the City Clerk will be <br /> considered. <br /> Section 7. Remedies <br /> A. A decision on the Protest may include, but is not limited to, upholding or denying the <br /> Protest, in whole or in part. Remedies may include rejection of one or more bids or proposals, a <br /> call for new bids or proposals, acceptance of the selected bid or proposal in the event the Protest <br /> is denied, and such other relief as may be appropriate. <br /> B. A Protestor or Interested Party may obtain injunctive relief only. No Protestor or <br /> Interested Party shall be entitled to damages of any kind, whatsoever. <br /> C. No contract is formed until a written contract, agreement, or memorialization has been <br /> completely executed by the City and the successful bidder, proposer, or offeror. A bid, proposal, <br /> and offer do not create any property right of any kind in a Procurement or its offer related to the <br /> Procurement. <br /> AN ORDINANCE ESTABLISHING BID PROTEST PROCEDURES AND AMENDING ORDINANCE 2458-00 <br /> PAGE 4 OF 7 <br />