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<br />(H) Competitive prol'osals shall not be required when a purchase is made for <br />materials. equipment. prefabricated elements and components. appliances. fixtures and supplies. <br />bought under a sales tax saving procedure constituting part of a construction project award. which <br />construction contract has been awarded in accordance with this Ordinance. <br /> <br />ARTICLE 7. CONTRACT ADMINISTRATION <br /> <br />(A) A contract administration system designed to ensure that a bidder/offeror/contractor is <br />performing in accordance with the solicitation under which a contract was awarded and the terms <br />and conditions of the contract shall be maintained by the City Manager. <br /> <br />(B) All determinations and other written records pertaining to the solicitation. award or <br />performance of a contract shall be maintained for the City in a contract file by the City Manager and <br />be retained and disposed of in accordance with the records retention guidelines and schedules <br />approved by the City Clerk. <br /> <br />ARTICLE 8. PROTEST PROCEDURES <br /> <br />This Article shall govern any protest made by a participant in any competitive process <br />utilized for the selection of a person or entity in regard to any response to a City Request for <br />Proposal/Invitation to Bid and/or Request for Qualification ("Request for Proposals"). <br /> <br />(A) Protest of any City recommendation for an award in response to a Request for Proposals shall <br />be filed with the City Clerk and mailed by the protesting to all participants in the competitive process <br />within seven (7) days of the City's recommendation for an award or the City's actual award <br />whichever comes first. Such protest shall be in writing. shall state the particular grounds on which it <br />is based. shall include all pertinent documents and evidence and shall be accompanied by a cashier's <br />check in the amount of$250.00 to reimburse the City for all administrative costs associated with the <br />appeal process. Any grounds not stated shall be deemed waived. <br /> <br />(B) Protests shall be referred by the City Clerk to the City Attorney who shall select a hearing <br />examiner who shall hold a hearing and submit written findings and recommendations within ten (10) <br />days of the filing of the protest. The hearing examiner shall consider the written protests. supporting <br />documents in evidence. the City's recommendations and supporting documentation and all evidence <br />presented at the hearing. Such finding and recommendation shall be filed with the City Clerk. <br /> <br />(C) Hearing examiners may be retired iudges. certified mediators or other impartial parties as <br />selected by the City Attorney. <br /> <br />(D) The hearing examiner's findings and recommendations shall be presented to the City <br />Commission for final action at the next regular or specially scheduled meeting. Notice shall be <br />mailed to all participants in the competitive process at least seven (7) days in advance of any final <br />action by the City Commission. The Notice shall include the hearing examiner's findings and <br />recommendations. <br /> <br />9 <br /> <br />Amendment to Ordinance No. 97-10 <br />Purchasing Procedures Ord <br />4/3/01 - 2:44 PM <br />LMD:ch <br />