§ 66-270. Appeals.

(a)

Appeals regarding certification . The right to appeal a denial of certification is intended only to remedy factual errors related to the certification criteria which, if corrected, would result in the certification of the applicant. An applicant denied certification as an MWBE may appeal the denial by filing a written appeal with the procurement official within seven calendar days of the notice of denial of certification. The appeal shall address the factual error and provide evidence to support the certification criteria. A panel consisting of the procurement official, one city administrator and the finance director shall review the appeal and issue a written decision as soon as practicable after such review is completed. The procurement official shall deliver the written decision to the applicant by electronic mail, unless the applicant has previously notified the procurement official of a preferred alternative means of delivery. The decision of the appeal panel shall be final.

(b)

Appeals regarding penalties . The right to appeal a penalty issued by the procurement official under this article is intended only to remedy factual errors related to the finding of noncompliance. A bidder, proposer, contractor, consultant, vendor, subcontractor or MWBE may appeal the penalty issued by the procurement official by filing a written appeal with the procurement official within seven calendar days of the notice of penalty. The appeal shall address the factual error and provide evidence to support the appeal. A panel consisting of the procurement official, one city administrator and the finance director shall review the appeal and issue a written decision as soon as practicable after such review is completed. The procurement official shall deliver the written decision to the applicant by electronic mail, unless the applicant has previously notified the procurement official of a preferred alternative means of delivery.

(c)

Appeal to city commission . The decision of the panel regarding a penalty issued by the procurement official upon a finding of noncompliance under this article may be appealed by filing a written appeal with the procurement official within seven calendar days of the date of the panel's written decision. On receipt of a timely appeal, the procurement official shall schedule a hearing before the city commission. The hearing shall not be a de novo review, but rather shall be limited to the review of the record or evidence on which the procurement official's finding of noncompliance was based. The city commission will either approve or reject the procurement official's finding. If the procurement official's finding is approved, the penalty issued by the procurement official shall stand. An appeal of the decision of the city commission shall be to the Appellate Division of the Fifteenth Judicial Circuit, Palm Beach County, Florida, and shall be filed within 30 calendar days from the date of the decision by the city commission.

(Ord. No. 4679-18, § 3, 12-17-2018)