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publication in a newspaper of general circulation in the Eugene/ <br /> Springfield metropolitan area and will provide costs savings for the city, <br /> or that the use of electronic publication will be more effective. <br /> <br />2.1450 Public Contracts - Appeal of Debarment or Prequalification Decision. <br /> (1) Right to Hearing. Any person who has been debarred from competing <br /> for city contracts or for whom prequalification has been denied, revoked <br /> or revised may appeal the city's decision to the city council as provided <br /> in this section 2.1450. <br /> (2) Filing of Appeal. A written notice of appeal must be filed with the city's <br /> purchasing agent within three business days after the person's receipt of <br /> the notice of the determination of debarment, or denial of <br /> prequalification. <br /> (3) Notification of City Council. Immediately upon receipt of such notice <br /> of appeal, the purchasing agent shall notify the city council of the <br /> appeal. <br /> (4) Hearing. The procedure for appeal from a debarment or denial, <br /> revocation or revision of prequalification shall be as follows: <br /> (a) Promptly upon receipt of notice of appeal, the city shall notify the <br /> appellant of the time and place of the hearing; <br /> (b) The city council shall conduct the hearing and decide the appeal <br /> within 30 days after receiving notice of the appeal from the <br /> purchasing agent; and <br /> (c) At the hearing, the city council shall consider de novo the notice of <br /> debarment, or the notice of denial, revocation or revision of <br /> prequalification, the standards of responsibility upon which the <br /> decision on prequalification was based, or the reasons listed for <br /> debarment, and any evidence provided by the parties. The <br /> standards of responsibility as defined in the Oregon Public <br /> Contracting Code shall be set forth in the rules adopted by the <br /> purchasing agent. <br /> (5) Decision. The city council shall set forth in writing the reasons for the <br /> decision. <br /> (6) Costs. The city council may allocate the city council's costs for the <br /> hearing between the appellant and the city. The allocation shall be <br /> based upon facts found by the city council and stated in the city council's <br /> decision that, in the city council's opinion, warrant such allocation of <br /> costs. If the city council does not allocate costs, the costs shall be paid <br /> by the appellant, if the decision is upheld, or by the city, if the decision is <br /> over-turned. <br /> (7) Judicial Review. The decision of the city council may be reviewed only <br /> upon a petition in the circuit court of Lane County filed within 15 days <br /> after the date of the city council's decision. <br /> <br /> Section 2. Sections 2.1200, 2.1205, 2.1210, 2.1215, 2.1220, 2.1225, 2.1230, <br />2.1240, 2.1245, 2.1250, AND 2.1255 of the Eugene Code, 1971 are repealed. <br /> <br />Ordinance- ]4 <br />L:\CMO~005 Council Agendas\M050228\S0502287-attB.doc <br /> <br /> <br />