Article IX. Protest and Appeal Procedures
2.60.410 Appeal of debarment or prequalification decision.
(1) Right to Hearing. Any person who has been debarred from competing for the City’s contracts or for whom prequalification has been denied, revoked or revised may appeal the City’s decision to the City Council as provided in this section.
(2) Filing of Appeal. The person shall file a written notice of appeal with the City Manager within five business days after the prospective contractor’s receipt of notice of the determination of debarment or denial of prequalification.
(3) Notification of City Council. Immediately upon receipt of such notice of appeal, the City Manager shall notify the City Council of the appeal.
(4) Hearing. The procedure for appeal from a debarment or denial, revocation or revision of prequalification shall be as follows:
(a) Promptly upon receipt of notice of appeal, the City shall notify the appellant of the date, time and place of the hearing;
(b) The City Council shall conduct the hearing and decide the appeal within 30 days after receiving notice of the appeal from the City Manager; and
(c) At the hearing, the City Council shall reconsider, without regard to the underlying decision giving rise to the appeal, the notice of debarment, or the notice of denial, revocation or revision of prequalification, the standards of responsibility upon which the decision on prequalification was based, or the reasons listed for debarment, and any evidence provided by the parties.
(5) Decision. The City Council shall set forth in writing the reasons for the decision.
(6) Costs. The City Council may allocate its costs for the hearing between the appellant and the City.
(a) The allocation shall be based upon facts found by the City Council and stated in the City Council’s decision that, in the City Council’s opinion, warrant such allocation of costs.
(b) If the City Council does not allocate costs, the costs shall be paid by the appellant if the decision is upheld, or by the City if the decision is overturned.
(c) Judicial Review. The decision of the City Council may be reviewed only upon a petition in the circuit court of Linn County, filed within 15 days after the date of the City Council’s decision. The appeal must be filed in accordance with all applicable State laws and trial court procedures. (Ord. 135 § X(A), passed 3-13-2018)