A. Authority. Upon recommendation of the using department, the Administrative Services Director may debar a prospective offeror after providing notice and a reasonable opportunity to be heard in accordance with this section.
B. Notice of intent to debar. The Administrative Services Director shall notify the person in writing of a proposed debarment by registered or certified mail, return receipt requested. This notice shall:
1. State that the city intends to debar the person.
2. Set forth the reasons for the debarment.
3. Include a statement that the person has a right to appeal the notice of intent to debar and have a hearing if the person files a written request with the Administrative Services Director within 10 days after receipt of the notice.
C. Hearing procedure. If a hearing is required under this section, the Administrative Services Director shall appoint a Hearing Officer, who may be an employee of the city. The Hearing Officer shall arrange for a prompt hearing and notify the parties of its time and place. The hearing shall be conducted in an informal manner without formal rules of evidence or procedure.
D. Recommendation by the Hearing Officer. The Hearing Officer shall make a recommendation to the Administrative Services Director based on the evidence presented. The recommendation shall include findings of fact and conclusions of law. The Administrative Services Director may affirm, modify, or reject the Hearing Officer’s recommendation in whole or in part, may remand the matter to the Hearing Officer with instructions, or make any other appropriate disposition.
E. Final decision by Administrative Services Director. The decision by the Administrative Services Director shall be final. The decision shall be sent to all parties by certified mail.
F. Costs. The Administrative Services Director may allocate the hearing costs between the person appealing and the using department who made the recommendation for debarment. The allocation shall be based upon facts found by the Administrative Services Director and stated in the final order that, in the Administrative Services Director’s opinion, warrant such allocation of costs.
G. Limited participation. The Administrative Services Director may allow a debarred person to participate in solicitations on a limited basis during the debarment period upon written determination that participation is advantageous to the city.
H. Protest. A person debarred pursuant to this section may protest such decision pursuant to § 3.10.020.5.
(Ord. 20-1232, passed 5-12-2020)