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Home My WebLink About11-05 CC Ordinance ORDINANCE NO. 11-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TEMECULA ADDING SECTIONS 3.28.350 AND 3.32.060 OF THE MUNICIPAL CODE REGARDING BID PROTEST PROCEDURES AND AMENDING SECTIONS 3.32.010 OF THE TEMECULA MUNICIPAL CODE REGARDING THE CONSTRUCTION OF PUBLIC PROJECTS THE CITY COUNCIL OF THE CITY OF TEMECULA DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Section 3.28.350 (Protest procedures) of the Temecula Municipal Code is hereby added to read as follows: "3.28.350 Protest procedures. A. Any actuat or prospective bidder, proposer, or contractor (collectively "bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to this Chapter may protest, in writing, to the Office of the City Clerk, within three (3) business days after posting of the award recommendation at the location where bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the Office of the City Clerk. B The bidding documents shall include a staternent referencing this section as the requirement for filing a protest. C. In the event a timely protest is filed as provided in this section, the Finance Director may, but is not required to, suspend the award of the contract until the protest is resolved. D. The protest shall be in writing and shall contain the following information: 1. The name, address and telephone number of the protester; 2. A specific identification of the statutory or regulatory provisions(s) that the action complained of is alleged to have violated; 3. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (A) of this subsection; 4. A precise statement of the relevant facts; 5. An identification of the issue or issues to be resolved; 6. Argument and authorities in support of the protest; and 7. A statement that copies of the protest have been mailed or delivered to the Finance Director. R:/Ords 2011/Ords 11-05 1 E. If applicable, the Finance Director shall meet and confer with the protestor in an effort to resolve the issues described in the protest. F. If the Finance Director is unable to resolve the protest, the protest shall be referred to the City Manager. The City Manager shall have authority to settle and resolve a protest. The City Manager may, but is not required to, solicit written responses to the protest from other interested parties. The City Manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The City Manager's decision shall be final and conclusive and shall not be subject to appeal to the City Council under Chapter 2.36 of this Code. Section 2. Section 3.32.010 (Construction on public projects) of the Temecula Municipal Code is hereby amended to read as follows: "3.32.010. Construction on public projects. The provisions of this chapter shall apply to the construction on public projects not more than one hundred seventy-five thousand dollars ($175,000). Public projects of thirty thousand dollars ($30,000) or less may be performed by city employees by force account, by negotiated contract or by purchase order. Public projects of one hundred seventy-five thousand dollars ($175,000) or less may be let to contract by informal procedures as set forth in this chapter." � Section 3. Section 3.32.060 (Protest procedures) of the Temecula Municipal Code is hereby added to read as follows: "3.32.060 Protest procedures. A. Any actual or prospective bidder, proposer, or contractor (collectively "bidder") who believes he or she has been aggrieved in connection with the solicitation or award of a contract pursuant to this Chapter may protest, in writing, to the Office of the City Clerk, within three (3) business days after posting of the award recommendation at the location where bids or proposals are submitted. The protest shall be deemed filed only when it is actually received by the Office of the City Clerk. B The bidding documents shall include a statement referencing this section as the requirement for filing a protest. C. In the event a timely protest is filed�as provided in this section, the Finance Director may, but is not required to, suspend the award of the contract until the protest is resolved. D. The protest shall be in writing and shall contain the following information: 1. The name, address and telephone number of the protester; 2. A specific identification of the statutory or regulatory provisions(s) that the action complained of is alleged to have violated; R:/Ords 2011/Ords 11-05 2 3. A specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (A) of this subsection; 4. A precise statement of the relevant facts; 5. An identification of the issue or issues to be resolved; 6. Argument and authorities in support of the protest; and 7. A statement that copies of the protest have been mailed or delivered to the Finance Director. E. If applicable, the Finance Director shall meet and confer with the protestor in an effort to resolve the issues described in the protest. F. If the Finance Director is unable to resolve the protest, th� protest shall be referred to the City Manager. The City Manager shall have authority to settle and resolve a protest. The City Manager may, but is not required to, solicit written responses to the protest from other interested parties. The City Manager may establish additional procedures for the resolution of a protest and may refer the matter to a hearing officer. The City Manager's decision shall be final and conclusive and shall not be subject to appeal to the City Council under Chapter 2.36 of this Code. Section 4. If any section or provision of this Ordinance is for any reason held to be invalid or unconstitutional by any court of competent jurisdiction, or contravened by reason of any preemptive legislation, the remaining sections and/or provisions of this Ordinance shall remain valid. The City Council hereby declares that it would have adopted this Ordinance, and each section or provision thereof, regardless of the fact that any one or more section(s) or provision(s) may be declared invalid or unconstitutional or contravened via legislation. Section 5. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. R:/Ords 2011/Ords 11-05 3 � PASSED, APPROVED, AND ADOPTED by the City Council of the City of Temecula this 26� day of July, 2011. Ron Roberts, Mayor ATTEST: �� Susan . Jones, MMC Cit-y_ rk ' [SEAL] R:/Ords 2011/Ords 11-05 4 STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF TEMECULA ) I, Susan W. Jones, MMC, City Clerk of the City of Temecula, do hereby certify that the foregoing Ordinance No. 11-05 was duly introduced and placed upon its first reading at a meeting of the City Council of the City of Temecula on the 12 day of July, 2011, and that thereafter, said Ordinance was duly adopted by the City Council of the City of Temecula at a meeting thereof held on the 26� day of July, 2011, the following vote: AYES: 5 COUNCIL MEMBERS: Comerchero, Edwards, Naggar, Washington, Roberts NOES: 0 COUNCIL MEMBERS: None ABSENT: 0 COUNCIL MEMBERS: None ABSTAIN: 0 COUNCIL MEMBERS: None � Susa W. Jones, MMC City Clerk R:/Ords 2011/Ords 11-05 5