1.107.100 Remedies for Solicitations or Awards in Violation of the Law.
(1) Prior to Bid Opening. If, prior to bid opening, it is determined by the Mayor, or upon judicial review, that a bid solicitation is in violation of applicable law, the Invitation to Bid is cancelled or revised to comply with such law.
(2) Prior to Contract Award. If, after bid opening, it is determined by the Mayor, or upon judicial review, that a solicitation or proposed award of a contract is in violation of applicable law, the solicitation or proposed award is cancelled.
(3) After a Bid Award. If, after an award of a contract, it is determined by the Mayor, or upon judicial review, that a solicitation or award of a public contract was in violation of applicable law, then:
(a) if a person awarded the contract has not acted fraudulently or in bad faith
(i) the contract may be ratified and affirmed by the City Council, if it is determined that doing so is in the city’s best interest; or
(ii) the contract may be terminated on order of the City Council;
(b) if a person awarded the contract has acted fraudulently or in bad faith, the City Council may declare the contract null and void, if such action is in the city’s best interest, without prejudice to the city’s rights to any appropriate damages. (Ord. 04-18 §10, 2004).