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HomeMy WebLinkAboutORD NO 3760ORDINANCE NO. 3 ~' 6 0 AN ORDINANCE ADDING 3.20.068 TO THE BAKERSFIELD MUNICIPAL CODE ESTABLISHING A PROCEDURE FOR DEALING WITH BID PROTEST. WHEREAS, the City of Bakersfield finds it necessary to establish a procedure for dealing with bid protests. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Bakersfield as follows: SECTION 1. Section 3.20.068 is hereby added to Chapter 3.20 of the Bakersfield Municipal Code to read as follows: 3.20.068 Bid Protests Bid protests shall be processed as follows: Any protest concerning bids for a City project, or City purchase of supplies or materials, or the process followed by City for the award of such a contract must be made in writing on or before 4:00 p.m. on the day such matter comes before the City Council for the contract to be awarded. Upon receipt of such a protest, the Finance Director shall advise the City Council of the facts and circumstances as are known to City surrounding the bidding process for that project. The City Council shall hear and determine the bid protest at the time the contract comes before the Council for award of the project and before awarding the project; provided, however, the City Council may by majority vote continue the matter to obtain additional information as the Council deems necessary or may refer the protest to the Alternative Dispute Resolution Committee for resolution. The decision of the Alternative Dispute Resolution Committee may be appealed to the City Council. The Mayor or Presiding Officer of the City Council shall announce the decision of the City Council on said protest at the conclusion of the hearing on the matter, which decision shall be final in accordance with Code of Civil Procedure section 1094.6. ..... ooOOOoo ..... I HEREBY CERTIFY that the foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on APE 2 ~ 1~7 by the following vote: AYES: COUNCILMEMBER DeMOND, CARSON, SMITH, McDERMOTI~, ROWLES, SULLIVAN, SALVAGGtO NOES: COUNCILMEMBER ABSTNN: COUfiCILMEM~ER CITY CLERK and Ex Officio C~itrk of the Council of the City of Bakersfield APR 2 $ 1991 APPROVED MAYOR of the City of Bakersfield APPROVED AS TO FORM: JUDY K. SKOUSEN City Attorney JKSIADD: dlrlmeglbsblffllaa S:~COUNCIL~)RD~BIDPROT7,ORD AFFIDAVIT OF POSTING DOCUMENTS STATE OF CALIFORNIA ) County of Kern ) PAMELA A. McCARTHY, being duly sworn, deposes and says: That she is the duly appointed, acting and qualified City Clerk of the City of Bakersfield; and that on the 29th day of April, 1997 she posted on the Bulletin Board at City Hall, a full, true and correct copy of the following: Ordinance No. 3760, passed by the Bakersfield City Council at a meeting held on the 23rd day of April, 1997, and entitled: Ordinance adding 3.20.068 to the Bakersfield Municipal Code establishing a procedure for dealing with bid protest. /s/ PAMELA A. McCARTHY City Clerk of the City of Bakersfield DEPUTY Cit)~-Clerk ~J 6t