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A. The city clerk shall provide all interested parties, who may be adversely affected by a decision of the council, notice of the appeal and scheduled hearing date within seven (7) business days of receipt of the notice of appeal. Such notice shall also advise the parties of their right to appear and be heard at the appeal, and shall also set forth a schedule for written statements and submission of evidence.

B. The purchasing agent shall submit to the clerk the record of the bid or proposal process including the invitation to bid or request for proposal, any amendments thereto, all correspondence to or from all parties, the protest filed to the city manager and supporting documentation, and the decision issued by the city manager. The clerk shall prepare the record on appeal, to include written statements and all evidence submitted, and provide copies to interested parties upon payment of appropriate copying fees in the amount listed in the most current city of Bethel fee and rate schedule. Prior to the scheduled hearing the clerk shall distribute copies of the record to all city councilmembers, the purchasing agent and the city manager.

C. The city council shall act in its quasi-judicial capacity when considering an appeal under this section and shall accordingly remain impartial and refrain from ex parte contact with any interested party regarding a specific invitation to bid or request for proposal from the time it has been issued. Any councilmember found to have violated this provision shall be recused from participation in the appeal.

D. Written arguments and submittals of evidence shall be filed in the following manner:

1. Written Arguments Due. Written arguments shall be filed by the parties on a date set by the clerk no later than four (4) business days prior to the hearing. All exhibits, evidence, and affidavits supporting a party’s position shall be filed on the date written arguments are due.

2. Party Participation. Any eligible party wishing to participate in the appeal must submit its mailing address, telephone and facsimile numbers, if any, to the clerk, in writing, within five (5) business days of the clerk issuing notice of the appeal. The clerk shall provide the parties, the city manager and council with written submittals before the hearing date. [Ord. 14-27 § 4.]