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2012/03/28 Council Agenda Packet
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2012/03/28 Council Agenda Packet
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Council Agenda Packet
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3/28/2012
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FI <br /> Section 4. Section 3 of Ordinance No. 2726-03 (EMC 3.46.030), which reads as follows: <br /> An interested party may protest a procurement only and exclusively as provided in this <br /> chapter. An interested party must exhaust the administrative remedies provided in this <br /> chapter before seeking other or additional relief in a court of law, except for temporary <br /> measures to preserve the status quo pending exhaustion of the remedies established by <br /> this chapter. An interested party who fails to exhaust the remedies provided by this <br /> chapter waives its protest. <br /> is hereby amended to read as follows: <br /> A. An interested party may protest a procurement only and exclusively as provided in <br /> this chapter. An interested party must exhaust the administrative remedies provided in <br /> this chapter before seeking other or additional relief in a court of law, except for <br /> temporary measures to preserve the status quo pending exhaustion of the remedies <br /> established by this chapter. An interested party who fails to exhaust the remedies <br /> provided by this chapter waives its protest. <br /> B. Notwithstanding Section A above, the City Council may by resolution adopt <br /> substitute protest procedures in lieu of some or all of the procedures of this chapter <br /> for public works procurements estimated at$5 million or more where City Council <br /> determines that substitute procedures are appropriate. If the City Council does not <br /> adopt substitute protest procedures for such a public works procurement,then this <br /> chapter applies to the procurement. If the City Council does adopt substitute protest <br /> procedures for a procurement,then the substitute protest procedures shall be included <br /> in the request for proposals or other initial bidding document; an interested party may <br /> protest the procurement only and exclusively as provided in the substitute protest <br /> procedures; an interested party must exhaust the administrative remedies provided in <br /> the substitute protest procedures before seeking other or additional relief in a court of <br /> law, except for temporary measures to preserve the status quo pending exhaustion of <br /> the remedies established by the substitute protest procedures; and an interested party <br /> who fails to exhaust the remedies provided by the substitute protest procedures <br /> waives its protest. <br /> Section 5. The enactment of this Ordinance shall not affect any case,proceeding, appeal, or <br /> other matter currently pending in any court or in any way modify any right or liability, civil or <br /> criminal,which may be in existence on the effective date of this Ordinance. <br /> Section 6. The City Clerk and the codifiers of this Ordinance are authorized to make <br /> 4 3 <br />
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