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<br />I <br />I <br />I <br />:1 <br />~I <br />II <br />~I <br /> <br />t.- '~ <br /> <br />r.1 <br />,. <br />.. <br />t <br /> <br />[I <br /> <br />:_..: <br /> <br /> <br />:1 <br /> <br />t~', <br /> <br /> <br />'.'1 <br />, <br />1 . <br /> <br />II <br />l.; <br />:1 <br />I <br />, <br /> <br />:1 <br />i~ <br />I <br />I <br />I <br />I <br /> <br />4. Failure to Render Timely Decision: If the responsible party does not issue a written <br />decision regarding any contract controversy within 10 days after written request for a <br />final decision, or within such longer period as may be agreed upon between the <br />parties, then the aggrieved party may proceed as jf an adverse decision had been <br />received. <br /> <br />SECTION 3 - AUTHORITY OF THE RESPONSIBLE PARTY TO SETTLE BID <br />PROTESTS AND CONTRACT CLAIMS <br /> <br />The responsible party is authorized to settle any protest regarding the solicitation or <br />award of a City contract, or any claim arising out of the performance of a City contract, <br />with the approval of the City Manager, prior to an appeal. . <br /> <br />SECTION 4 - REMEDIES FOR SOLICITATIONS OR AWARDS IN VIOLATION OF LAW <br /> <br />1. Prior to Bid Opening or Closing Date for Receipt of Proposals: If prior to the bid <br />opening or the closing date for receipt of proposals, the City determines that a <br />solicitation is in violation of federal, state, or municipal law, then the solicitation shall <br />be canceled or revised to comply with applicable law. <br /> <br />2. Prior to Aw~rd: If after bid opening or the closing date for receipt of proposals, the <br />City determines that a solicitation or a proposed award of a contract is in violation of <br />federal, state, or municipal law, then the solicitation or proposed award shall be <br />canceled. <br /> <br />. -. <br />3. After Award: If, after an award, the City determines that a solicitation or award of a <br />contra~ was in violation of applicable law, then: <br />A. . If the person awarded the contract has not acted fraudulently or in bad faith: <br />i. The contract may be ratified and affirmed, provided it is determined that <br />doing. so is in the best interests of the City; or <br />ii. The contract may be terminated and the person awarded .the contract shall <br />be compensated for the actual costs reasonably incurred under the contract, <br />plus a reasonable profit, prior to the termination; or <br /> <br />B. If the person awarded the contract has acted fraudulently or in bad faith the <br />contract may be declared null and void or voidable, if such action is in the best <br />interests of the City. <br /> <br />24 <br />