Sec. 28-12. Responsibility determination.
a.A bidder who is denied the award of a contract because the bidder is not considered to be responsible may contest the City’s determination by submitting a written appeal, accompanied by the applicable appeal fee as set by resolution of the City Council, which must be received by the Finance Department no later than 5:00 p.m. on the tenth calendar day after the City notifies the bidder it is not a responsible bidder. The City’s notification may be by any reasonable means, including but not limited to U.S. mail, electronic mail (email), or Internet posting. The effective date of notice by mail is the date that the notice is deposited in the mail. The effective date of all other means of notice is the date it is transmitted.
b.A bidder may request a hearing to present evidence contesting the City’s determination that it is not a responsible bidder. The request for a hearing must be made in writing and submitted with the bidder’s appeal. If a request for hearing is not submitted, then the procedures in Section 28-13(f) through (h) for written protests shall be followed. If requested, the responsibility hearing shall be conducted before the Appeals Hearing Board. The following procedures shall apply to responsibility appeals before the Appeals Hearing Board:
1.Upon receiving a written request for hearing, the Secretary of the Board shall set a time and place for the hearing not less than ten (10) calendar days nor more than sixty (60) calendar days thereafter. Notice of the time, date, and place of such hearing shall be mailed to the appellant, to the applicant, and to any other person who has requested such notice in writing.
2.De Novo Hearing. The Appeals Hearing Board shall hear the appeal as a new matter. The City has the burden of proof by a preponderance of the evidence.
3.The bidding process shall be suspended until a determination is made on the merits of the responsibility appeal.
4.The hearing shall be conducted with a staff presentation of the matter prior to the public hearing. Any member of the public, including the appellant and other bidders, shall have the right to be heard by the Board either in person or by counsel. Formal rules of evidence and discovery do not apply in the proceedings under this section and the Board may consider any evidence or information deemed relevant and reasonably reliable.
5.Notice of the decision of the Board shall be provided to the appellant and the other bidders in the same manner as the notice of the hearing. The decision of the Board shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.5. (Ord. 3624 § 2, 2020)