§ 30.26 APPEALS.
   (A)   A contractor or bidder may appeal to the City Council any of the following:
      (1)   Notice of denial of qualification;
      (2)   Notice of conditions varying from application for prequalification;
      (3)   Notice of revocation of prequalification;
      (4)   Notice of product disqualification;
      (5)   Awarding of contract. An offeror may only protest the awarding of the contract if the offeror can show that the offeror is next in line behind the award recipient for award of the contract.
   (B)   The appeal must be in writing and filed with the city. At the time of submitting the appeal, the appellant must pay to the city an amount of money deemed sufficient to cover the city's advertisement and postage costs for the appeal. The person appealing must notify the city within 5 business days after receipt of the notice referred to above of his intention to appeal. The notice of intention to appeal need not be in any particular form so long as it is in writing addressed to the city and received at the Rockaway Beach City Hall at 276 Hwy. 101 S. , P.O. Box 5, Rockaway Beach, Oregon 97136 within the 5-day period.
   (C)   Upon receipt of the notice of appeal, the City Manager shall forward to the Council the notice appealed form and the record of investigation by the city upon which the city based its refusal or revocation, together with the notice of appeal. Within 10 days after receipt of the notice of intent to award the contract, the person appealing must deliver to the city a detailed description of all the specific legal and factual bases of the appeal. Legal and factual bases not raised are deemed waived.
   (D)   For purpose of appeals, 4 members of the Council shall constitute a quorum. Meetings for appeal purposes may be held on 5 days notice to the Council.
   (E)   At any time prior to the meeting of the Council, the city may reconsider its revocation or disqualification.
   (F)   Promptly upon receipt of notice of appeal from the City Manager of the city, the Council shall notify the person appealing and the City Manager of the time and place of the hearing.
   (G)   The Council shall conduct the hearing and decide the appeal within 10 business days after receiving the notification from the City Manager of the city.
   (H)   The Council shall set forth in writing the reason for its decision.
   (I)   In the hearing the Council shall consider de novo (anew) the notice of disqualification, the record of the investigation made by the city and any evidence provided by the parties.
   (J)   In all other matters, the hearing shall be conducted in the same manner as a contested case under rules of procedure determined by the Council.
   (K)   All city's out of pocket costs shall be paid by the appellant, if the appeal is not successful. Costs include publication costs, mailing costs and other costs deemed necessary by the city. In the event the appellant is successful, the city shall pay said costs.
(Ord. 10-413, passed 12-15-2010)