Ordinance 2018-03ORDINANCE NO. 2018-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GILROY AMENDING GILROY CITY CODE CHAPTER 17A,
SECTION 17A.24 (3) (b) PERTAINING TO GAINING ACCESS TO
CONTRACT, BID AND PROPOSAL RECORDS
WHEREAS, Gilroy City Code, Chapter 17A, Section 17A.24, part of the City's Open
Government Ordinance ( "OGO "), specifies the records and information of the City that must be
disclosed and provided for public inspection; and,
WHEREAS, Subsection 17A.24 (3) (b) of the Gilroy City Code identifies that contractor
records including bids, requests for proposals ( "RFPs ") and scoring records are disclosable public
records, including the names of scorers, graders or evaluators; and
WHEREAS, on September 28, 2017, the Open Government Commission evaluated the issue of
disclosing the names of scorers, graders or evaluators and recommended amendments to subsection
17A.24 (3) (b) to remove language which would provide identification of evaluators, for their
protection; and
WHEREAS, on November 20, 2017, the City Council reviewed the Open Government
Commission's recommendations and considered adoption of the amendment; and
WHEREAS, the subject ordinance amendment is covered under Section 15061(b)(3) of the
California Environmental Quality Act (CEQA) Guidelines as an activity that can be seen with certainty
to have no possibility for causing a significant effect on the environment.
Now, therefore, the City Council of the City of Gilroy does hereby ordain as follows:
SECTION I
Gilroy City Code, Chapter 17A, Section 17A.24 subsection (3) (b) is hereby amended to read as
follows:
(3) Contracts, Bids and Proposals.
b. Contracts, contractors' bids, responses to requests for proposals and all other records of
communications between the department and persons or firms seeking contracts shall be open to
inspection immediately after a contract has been awarded. Nothing in this provision requires the
disclosure of a private person's or organizations net worth or other proprietary financial data submitted
for qualification for a contract or other benefit. All bidders and contractors shall be advised that
information provided which is covered by this section will be made available to the public upon
request. Immediately after any review or evaluation or rating of responses to a RFP has been
completed, evaluation forms and score sheets and any other documents used by persons in the RFP
evaluation or contractor selection process shall be available for public inspection. The individual
ratings, comments, and score sheets or comments on related documents, shall be made immediately
available after the review or evaluation of a RFP has been completed.
SECTION III
If any section, subsection, subdivision, sentence, clause or phrase of this Ordinance is for any reason
held to be unconstitutional or otherwise void or invalid by any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each section, subsection, subdivision,
sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections,
subdivisions, sentences, clauses or phrases be declared unconstitutional.
SECTION IV
Pursuant to section 608 of the Charter of the City of Gilroy, this ordinance shall be in full force and
effect thirty (30) days from and after the date it is adopted.
PASSED AND ADOPTED this 22nd day of January, 2018, by the following roll call vote:
AYES: COUNCILMEMBERS: BRACCO, HARNEY, LEROE- MUNOZ,
TOVAR, TUCKER and VELASCO
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ATTEST. " / r
�' l' / / /.. lam' F✓r� � f ° ti ,/
Shawna Freels, City Clerk
2
NONE
NONE
Velasco, Mayor
ORDINANCE NO. 2018 -03
I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Ordinance No. 2018 -03 is an original ordinance, or true and correct copy of a City
ordinance, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 22nd day of January, 2018, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 24th day of January, 2018.
Lity Lierx of the Lity of uuroy
(Seal)