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when a completed protest form is received by the City Manager or his /her designee and the required protest deposit (see paragraph (F) below) has been paid. 17.3 A protest committee shall have the authority to review the protest and recommend to the City Commission whether to sustain or reject the protest. The protest committee shall be comprised of the Director of Financial Services (the "Director"), the City Manager or his /her designee, and the director or designee of the department or office for which the contract is to be awarded ( "affected director'). The committee's review shall be informal. The Director, or the affected director, shall serve as the chairperson of the committee. The City Attorney or designee shall be counsel to the committee. 17.4 If the protest committee determines that the pending award of a contract, or any element of the process leading to the award, involved a significant violation of law or applicable rule or regulation, it shall recommend to the City Commission that the protest be sustained. If the committee determines that the protest is without merit, the City Manager or his /her designee shall issue a decision in writing stating the reason for the decision and furnish a copy to the protester and any other interested party. Thereafter the process leading to the award shall proceed forthwith. 17.5 In the event of a timely protest, the City Manager or his /her designee shall stay the award of the contract unless, after consulting with the City Attorney and the affected director, he /she determines that the award of the contract without delay is necessary to protect substantial interests of the city. 17.6 The city shall require a deposit from a protester to compensate the City for the expenses of administering the protest. If the protest is decided in the protester's favor, the entire deposit shall be returned to the protester. If the protest is not decided in the protester's favor, the deposit shall be forfeited to the city. The deposit shall be in the form of a cashier's check and shall be in the amount of 1 % of the amount of the pending award, with a minimum deposit of $500 and a maximum deposit of $10,000. 1 18. CONTRACT AWARD AND EXECUTION ' 18.1 Until final award of Contract, the Owner reserves the right to reject any and all Bids, with or without cause; to waive any informality or irregularity; or to accept the Bid which is in the best interest of the Owner. 18.2 It is the intent of the Owner to award a Contract to the lowest responsible Total Base Bidder whose Bid is in conformance with the Bidding Documents and does not exceed the funds available. 18.3 Upon acceptance of a Bid and award of the Contract, the successful Bidder shall deliver the executed Contract, along with required bonds and any other items re- quested, to the Owner within 10 days. Failure to do so will be deemed as a breach of agreement by the Bidder and result in forfeiture of bid security as described in the Instructions to Bidders. RJC 08/03 00100 -7 03 -135