§ 36.21 SOLICITATION OR AWARDS IN VIOLATION OF THIS CHAPTER.
   (A)   If prior to award of a contract, it is determined that a solicitation or proposed award of a contract is in violation of this chapter, then the solicitation or proposed award shall be cancelled; or revised to comply with the law and awarded in a manner that complies with the provisions of this chapter.
   (B)   If after an award of a contract, it is determined that the solicitation or award is in violation of this chapter, and if the person awarded the contract has not acted fraudulently or in bad faith; then the contract may be ratified and affirmed, provided it is determined that doing so is in the best interest of the city, or the contract may be terminated. However, if the person awarded the contract has acted fraudulently or in bad faith the contract may be declared null and void; or the contract may be ratified and affirmed if such action is in the best interest of the city. Ratification and affirmation of a contract that is in violation of this chapter will not prejudice the city's right to seek damages arising from the failure to comply with this chapter.
(Ord. 14-17, passed 5-9-17)