A. Suspension: Following an investigation, the City Administrator, or authorized designee, shall determine if cause exists to suspend a bidder, contractor or subcontractor from participating in subsequent City construction or repair work. If the City Administrator, or designee, finds that cause exists to suspend, such findings shall be set forth in writing with a recommendation for suspension to the City Council Public Services Committee. The City Administrator, or designee, shall officially serve notice on the respondent party within five (5) working days of the finding. The notice shall set forth in detail the reasons supporting the recommendation, and the suggested period of suspension. The notice shall be sent to the respondent by certified mail, return receipt requested.
B. Protest: Any business which receives official notification from the City Administrator, or designee, that suspension has been recommended may protest the finding to the Public Services Committee. The protest shall be submitted in writing to the City Clerk within fourteen (14) days after receipt of the notice. The City Clerk shall immediately schedule a hearing at which time the business must be allowed to present evidence or argument against the suspension. The Public Services Committee hearing shall be scheduled by the City Clerk within ten (10) days of receipt of the written protest. Following the suspension hearing, the Public Services Committee shall issue a proposed decision to the City Council to either support the suspension for a time specified by the committee, or overrule the City Administrator's, or designee's, determination.
C. Action On Decision: If the City Council does not act on the Public Services Committee's proposed decision within thirty (30) days thereafter, the committee's decision shall be considered accepted and binding. If suspension is the final outcome of the procedure outlined herein, the business shall be immediately suspended. (Ord. 94-20, 8-16-1994)