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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)