A. The vice mayor, with the approval of the city council, may appoint an advisory ad hoc dispute resolution committee consisting of three persons as follows: one person from city staff and two persons from private industry. All appointees to the committee shall have experience and knowledge concerning the construction industry. The vice-mayor shall appoint the committee chairman. No member shall have any direct involvement with the dispute between the bidder or contractor. Each member of the committee shall be appointed for one hearing only.

B. The dispute resolution committee shall hear issues referred by the city council. If the issue involves whether or not a contractor is a responsible bidder the committee may consider that a responsible bidder may include those contractors who have demonstrated the quality, fitness and capacity to perform under the terms and conditions of the contract including, but not limited to: a consistent record of timely performance on similar work in the past, proven financial resources, proven technical proficiency, and the committee may consider reviewing any past violations of law and regulations and past practices that resulted in additional costs to city. The dispute resolution committee shall take evidence only on the issue of the contractor’s quality of work and fitness and capacity to perform the contract as a responsible bidder. The city must show, by preponderance of the evidence, that the contractor is nonresponsible. When the issue involves a bid dispute, the committee shall receive evidence on the substance of the dispute in accordance with the rules set forth below and California law concerning the rights and responsibilities of bidders.

C. The hearing before the dispute resolution committee shall consist of a one-hour presentation by each side followed by a fifteen-minute closing presentation. No cross-examination of witnesses shall be allowed by any party. Questions by the committee shall be allowed after both sides have completed their presentations. The committee may, at its sole discretion, alter the procedures upon majority vote.

D. Written material must be presented to each member of the dispute resolution committee, and the opposing side, at least five working days before the scheduled hearing. Any rebuttal written material must be given to the dispute resolution committee at the time of the scheduled hearing. Rebuttal written material may not address any subject matter not specifically contained in the original materials submitted to the dispute resolution committee. No other written material may be presented without the express authorization of the committee.

E. The dispute resolution committee shall issue a written advisory decision to the city council setting forth their decision and its basis. Such decision shall be transmitted to the city council for consideration at the next regularly scheduled city council meeting following the issuance of the written decision, subject to agenda deadlines. The advisory decision shall be reviewed by the city council who will then make the final decision. (Ord. 3860 § 1, 1998; Ord. 3759 § 1, 1997)