Ordinance 2726-03 - Laserfiche WebLink

Section 8. Venue; Notice Required A. Any and all lawsuits arising out of, or relating to, a Protest shall be filed in the Superior Court for Snohomish County, Washington, including, but not limited to, application by an Interested Party or Protestor for temporary measures to preserve the status quo pending exhaustion of the remedies enumerated herein. If concurrent jurisdiction exists between the Superior Court of Snohomish County and some other court, such as the United States District Court, venue shall lie in the Superior Court of Snohomish County. B. An Interested Party or Protestor who applies to the Snohomish County Superior Court for temporary measures to preserve the status quo pending exhaustion of remedies granted hereunder shall give notice of such application to the City Attorney so as to allow the City to appear before any commissioner or judge hearing such application. Failure to give the City such notice shall constitute a waiver of the Protest. Section 9. Limited Appeal of City Decision to Federal Agency A Protestor may appeal the City's decision on a Protest to the Federal Agency: (a) if and to the extent allowed by the Federal Agency's regulations then in existence, such as Federal Transit Administration Circular 4220.1D or its successor; and (b) if the Procurement is funded in whole or in part by the Federal Agency allowing such appeal. A Protestor must exhaust all administrative remedies with the City of Everett as a condition precedent to appealing the City's decision on a Protest to the Federal Agency. The Federal Agency will only review appeals that allege the City failed to follow the City's protest procedures. Any such appeal to the Federal Agency must be in writing and received by the appropriate Federal Agency Regional or Headquarters office no later than five (5) business days following a final decision rendered by the City of Everett. A copy of any such appeal to the Federal Agency must be promptly Filed with the City Clerk. Section 10. Amendment of Ordinance 2458-00 Section 15 of Exhibit A of Ordinance 2458-00, which reads: SECTION 15.0 APPEALS TO THE CITY OF EVERETT Vendors may appeal or protest a proposal solicitation or award of contract issued by the City of Everett, provided that the vendor strictly follows the procedures described below. Prior to the deadline for submitting bids or proposals, vendors may appeal or protest specifications, terms, or requirements. After the deadline for submission of bids or proposals, vendors may appeal or protest the award or pending award to the apparent low bidder or the selection of the apparently most advantageous proposal. 15.1 Procedures for Initial Appeal or Protest The appeal or protest must: AN ORDINANCE ESTABLISHING BID PROTEST PROCEDURES AND AMENDING ORDINANCE 2458-00 PAGE 5 OF 7