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<br />agreement of the parties. The Contractor shall be given a fair opportunity to present evidence <br />and to try and explain why the debarment decision is not justified or proper, but strict rules of <br />evidence and formal courtroom procedures shall not apply. <br /> <br />(d) If the City Manager does not conduct the hearing himself, he shall receive a <br />written or oral report from the person who did conduct it. He shall thereafter render a written <br />decision. He shall have authority to affirm, reverse, or modify the debarment decision appealed <br />from. <br /> <br />(e) The Contractor shall have the right to appeal the City Manager's decision to <br />Portsmouth Circuit Court, except for the circumstances set forth in subsection (b )iii above, under <br />the following conditions: <br />i. The appeal must be filed within thirty days of the City Manager's decision. <br />ii. The appeal shall be based solely on the written record of the debarment procedure, <br />and no new evidence shall be introduced or considered, nor shall witnesses be called to <br />testify. <br />iii. The City Manager's decision shall be affirmed unless there is no rational basis for <br />it. <br /> <br />Sec. 12-295. Bonds and Indemnification. <br /> <br />In addition to having debarment authority, the Purchasing Administrator shall have the <br />authority to reject or to disqualify any company providing coverage for a bond or indemnification <br />obligation of a Contractor, if in the Purchasing Administrator's sole discretion there is a <br />reasonable basis for doing so. Upon such a decision, reasonable oral or written notice shall be <br />provided to the Contractor. There shall be no right of appeal. <br /> <br />2. This ordinance shall take effect on the date of its adoption. <br /> <br />ADOPTED by the Council of the City of Portsmouth, Virginia, at a meeting held on <br />September 13, 2011. <br /> <br />Teste: <br /> <br />City Clerk <br />