Skip to main content
Loading…
This section is included in your selections.

A. If the City Manager determines that a prime contractor’s or bidder’s breach of the SBE provisions cannot be remedied to achieve compliance, the City Manager shall notify the prime contractor/bidder in writing by certified mail of the corrective action as set forth in either Section 18-108(G)(4) or 18-110(D) and the reasons for the corrective action.

B. Any prime contractor/bidder who has been deemed in breach of the SBE provisions and who has received notice of corrective action identified in either Section 18-108(G)(4) or 18-110(D) may appeal the decision by filing a written notice of appeal with the City Manager within 14 calendar days of receipt of the notice of corrective action. The written notice must state the reasons for the appeal. Imposition of the corrective action set forth in Sections 18-108(G)(1)(3) and 18-110(A)(C) is not subject to this appeal process.

C. Within five calendar days of receipt of the notice of appeal from the prime contractor/bidder, the notice of appeal shall be forwarded to the person delegated by the City Manager’s office, to serve as hearing officer for the appeal. The hearing officer shall not be a member of the SBE Oversight Committee.

D. The hearing officer shall:

1. Set a hearing date not more than 14 calendar days from the date of receipt of the notice.

2. Cause a notice of the hearing, which shall include the hearing date, time and place, to be served upon all parties by certified mail. Such notice shall set forth with particularity the reasons for the appeal.

3. Conduct a hearing concerning the determination of noncompliance and imposition of the corrective action set forth in either Section 18-108(G)(4) or 18-110(D). All parties shall be provided a fair and impartial hearing and shall be allowed to produce all relevant evidence in either party’s possession concerning the determination of noncompliance with the requirements of this article and the issuance of corrective action. For the appeal, the burden of proof rests on the prime contractor/bidder to show that established criteria for SBE provisions have been met; that it can bring the contract into SBE utilization compliance; or that more than adequate corrective action has been taken to achieve SBE utilization compliance.

4. Issue a written report on the appeal to all parties that shall affirm, alter, or reverse the corrective action. The written report shall be sent to all parties by certified mail within 14 calendar days of the hearing and shall set forth the reasons for the decision.

E. The hearing officer’s determination is final and may not be appealed. (Ord. No. G-6742, § 1, 2020)