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Title 07
Chapter 07.06
Section 07.06.620
 

Title 07 Finance

Chapter 07.06 Procurement of Goods, Services and Works

Article IX. Suspension and Debarment

Section 07.06.620 Procedures
  1. Notice of Investigation.
    The City Administrator or his or her designee may initiate an investigation of a person or firm. The City Administrator or his or her designee shall notify the person or firm in writing that an investigation has been initiated and the allegations that form the basis for the investigation. The notice of investigation shall be either personally served or sent by certified mail.

  2. Investigation Results.
    The results of the investigation shall be in writing and shall state, at a minimum, the allegation(s), the conclusion(s) reached regarding the allegation(s), the facts upon which the conclusion(s) are based, and the investigator's recommendation, including a recommended length of debarment, if any. The investigation results shall be either personally served or sent by certified mail.

  3. Findings and Notice of Debarment.
    The City Administrator or his or her designee shall make a preliminary determination on whether the person or firm should be debarred within six (6) months of the date of service of the notice of investigation and provide the person or firm with findings, or the matter will be dismissed, unless the City Administrator or his or her designee provides notice to the person or firm that there is good cause to extend the period of investigation for an additional specific period of time. If the City Administrator or his or her designee determines that a person or firm should be debarred, the City Administrator or his or her designee shall notify the person or firm of the City's intent to issue an order of debarment. The notice of debarment shall be in writing, and shall be either personally served or sent by certified mail. The notice of debarment shall include:

    1. A statement that the City intends to issue an order of debarment prohibiting the person or firm from submitting a bid or proposal on a contract with the City and from acting as a contractor or subcontractor on a contract with the City;

    2. A statement of the reasons for debarment, including the allegation(s), the conclusion(s) reached regarding the allegation(s), and the facts upon which the conclusion(s) are based;

    3. The proposed length of debarment; and

    4. Information on how the person or firm can contest the notice.

If the City Administrator or his or her designee determines that the person or firm should not be debarred, the City Administrator or his or her designee shall issue a written determination to that effect.

  1. Notice of Appeal.

    1. A person or firm may contest the notice of debarment by filing a written notice of appeal with the Mayor or his/her designee no later than fourteen (14) calendar days after the date of service of the notice of debarment. Unless waived by the Mayor or his/her designee, filing a notice of appeal is an administrative remedy that the person or firm shall exhaust before seeking judicial review.

    2. If the person or firm does not timely contest the notice of debarment, the City Administrator or his or her designee shall issue an order of debarment, which shall set forth:

      1. The contracting activities from which the person or firm is barred from participating;

      2. The length of the debarment;

      3. A brief statement of the facts upon which the debarment is based; and

      4. A response to any written comments submitted by the person or firm.

    3. The notice of appeal shall state the reasons why the person or firm alleges the notice of debarment is erroneous, provide copies of any documents that support the person's or firm's arguments, provide the names and/or sworn written statements of all witnesses that have knowledge of relevant information related to the proposed debarment, identify any other specific information that supports the person or firm's arguments, and specify a desired remedy.

    4. The appeal shall be heard by an Appeals Committee within ninety (90) days of receipt of the notice of appeal. The Appeals Committee shall be made up of three (3) persons, one (1) appointed by the City Administrator, one (1) appointed by the person or firm and the third to be appointed by the other two (2) Appeals Committee members.

    5. The Appeals Committee shall hold a hearing on the appeal. At the hearing, the person or firm may discuss only those issues raised in the notice of appeal unless the Appeals Committee allows otherwise. If a hearing is held, the City Administrator or his or her designee shall have the burden of establishing by a preponderance of the evidence that the grounds exist for an order of debarment.

    6. The Appeals Committee shall consider the notice of debarment, the person or firm’s notice protest, and, if a hearing is held, the evidence presented at the hearing. The Appeals Committee shall issue a final written decision and order regarding whether the person or firm should be debarred within thirty (30) days of the conclusion of the hearing. If the Appeals Committee issues an order of debarment, that order shall state:

      1. The contracting activities from which the person or firm is barred from participating;

      2. The length of the debarment; and

      3. Findings and conclusions upon which the debarment is based.

The Appeals Committee’s Committee’s decision shall be the final administrative decision of the City.

Date Passed: Monday, March 12, 2018

Effective Date: Saturday, April 21, 2018

ORD C35602 Section 2