§ 4-602. DECLARATION OF LEGISLATIVE INTENT.  


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  • In enacting this article, the Council hereby declares and finds as follows:

    (a)

    All communications by and between Proposers, the Mayor and Councilmembers in competitive procurement should be open and public.

    (b)

    All elected officials should be provided the same information for decision-making involved in competitive procurement.

    (c)

    The provisions of this article are necessary and appropriate in order to instill greater public confidence in the integrity of the City's procurement processes by eliminating the appearance of impropriety and special consideration.

    (d)

    The provisions of this article will lessen the chance of miscommunication or misunderstanding during competitive procurement.

    (e)

    The provisions of this article will foster a greater sense of equity and fair play in competitive procurement.

    (f)

    The provisions of this article ensure that the Mayor and all Councilmembers are afforded equal access to information during the procurement process.

    (g)

    The provisions of this article are intended to provide Councilmembers and the Mayor more useful information with which to render a fair and just decision.

    (h)

    This article furthers the Charter purpose of having professional staff research, evaluate, and make recommendations concerning the award of public contracts.

    (i)

    Nothing in this article is intended to chill First Amendment Free Speech rights, such as the public's right to petition government, or the elected official's right of Free Debate.

    (j)

    This article provides Proposers with defined channels to communicate information to Councilmembers and the Mayor, consistent with the overall purposes of this article.

    (k)

    The award of a contract and the acts leading up to it are legislative in nature.

    (l)

    In enacting this article, it is not the intent of the Council to change the legislative nature of its procurement process.

    (m)

    This article generally, and Section 4-608 in particular, relate to an internal procedure dealing with the subject of competitive procurement. Nothing in this article shall confer upon, or create rights in, any person that the person would not have absent this article.

(Added Ord. 2004-41, § 1, eff. 5-7-04; Am. Ord. 2007-96, § 3, eff. 1-19-08).