Article IX. Contract Disputes
4.20.440 Administrative review of contract disputes.
A. A person having a claim concerning a contract or other matter arising out of this chapter (other than a bid protest as covered in BMC 4.20.270) may file the claim with the purchasing agent. The claim must be accompanied by a filing fee as set out in the Bethel schedule of rates. When filing the claim, the claimant shall certify under oath:
1. That the claim is made in good faith;
2. That the supporting data are accurate and complete to the best of the claimant’s knowledge and belief; and
3. That the amount requested accurately reflects the adjustment for which the claimant reasonably believes the city is liable.
B. A claim under this section must be filed within thirty (30) calendar days after the claimant becomes aware of the basis of the claim or should have known the basis of the claim or within such shorter period as may be required in the contract, whichever is earlier. If the claim does not meet the requirements of subsections A and B of this section, it shall be denied.
C. If a claim asserted concerning a matter arising out of this chapter cannot be resolved by agreement, the purchasing agent shall issue a written decision and serve it upon the claimant. The purchasing agent shall make the decision not more than thirty (30) calendar days after receipt of all necessary information from the claimant, except that if the claim is for more than fifty thousand dollars ($50,000), the decision will be made within sixty (60) calendar days after receipt of all necessary information. If the claimant fails to furnish necessary information requested by the purchasing agent, the purchasing agent shall proceed to decide the claim and may, in the purchasing agent’s discretion, deny all or part of the claim because of the failure to furnish necessary information.
D. During an appeal under this chapter, the claimant may not rely on or introduce information that the claimant has failed to furnish to the purchasing agent in support of the claim. Before issuing the decision, the purchasing agent shall review the facts relating to the claim and obtain necessary assistance from legal, fiscal, and other advisors.
E. The purchasing agent shall furnish a copy of the decision to the claimant by certified mail or other method that provides evidence of receipt. The decision must include:
1. A description of the claim;
2. A reference to the pertinent contract provisions;
3. A statement of the agreed-upon and disputed facts;
4. Findings of fact about the claim;
5. A determination of any amount payable;
6. A statement of reasons supporting the decision; and
7. A statement substantially as follows:
This is the final decision of the purchasing agent. This decision may be appealed to the City manager. If you appeal, you must file a written notice of appeal with the City manager within fourteen (14) calendar days after you receive this decision.
[Ord. 14-27 § 4.]