[1]
Cross Reference — Water, sewers, and sewage disposal,
Title VII.
[CC 1979 §2-249.1; Ord. No. 92-34 §1, 7-7-1992]
A "protest" is a written complaint concerning
the City of Neosho's solicitation or award of a sub-agreement or contract
which must be filed in writing with the City Clerk by a party with
a direct financial interest adversely affected by the City of Neosho's
procurement action for the construction and maintenance of public
utilities, including water, sewer and wastewater systems.
[CC 1979 §2-249.2; Ord. No. 92-34 §2, 7-7-1992]
A party with a financial interest which believes they are adversely
affected by a procurement action by the City of Neosho on solicitation
or award of a contract or sub-agreement must file a written protest
stating the basis for said protest with the City Clerk, as early in
the procurement process as possible and must be received by said Clerk
within seven (7) days after the basis for the protest is known or
should have been known and before bid opening or the closing date
for receipt of proposal for letting of contracts and City Council
upon receipt of said protest shall hold a hearing as soon as reasonably
possible on proper and legal notification to the party with the financial
interest which is allegedly adversely affected by the action of the
City and that said protestant shall be accorded a complete hearing
and shall have the right to adduce evidence, both verbal and documentary
to the City Council and upon conclusion of the hearing and evidence
adduced as submitted the City Council shall announce and issue its
written decision and order making disposition of the issues raised
in said protest. A written copy of the decision of the City Council
shall be served upon the protestant within (7) days after the hearing.
[CC 1979 §2-249.3; Ord. No. 92-34 §3, 7-7-1992]
Protestants shall have seven (7) days thereafter to file a protest
appeal with the appropriate United States or State agency or official
making any awards of financial assistance to the City in the construction
and maintenance of said public utility projects.
[CC 1979 §2-249.4; Ord. No. 92-34 §4, 7-7-1992]
The protest appeal shall be governed by the rules and regulations
of the Environmental Protection Agency set forth in 40 CFR, Part 31,
Section 31.36 (b)(12) which is hereby incorporated herein as if set
out in full as pertains to the City of Neosho.
[CC 1979 §2-249.5; Ord. No. 92-34 §5, 7-7-1992]
The provisions of this Article shall be incorporated in any
solicitations, contract awards, or sub-agreements entered into by
the City.
