As used in this division, the following terms have the meanings given below:
Certificate.
With respect to any given contract, an unexpired and unrevoked certificate of responsibility issued pursuant to this division for the classification which includes such contract.
Certificated contract.
A city contract where:
(1) 
The contract is within a classification of contracts established by motion or resolution of the city council, which motion or resolution also includes specific qualifications for a certificate for such classification;
(2) 
The contract will generally exceed five hundred thousand dollars ($500,000.00); and
(3) 
The notice to bidders or other bidding document for the contract refers to this division.
(1978 Code, sec. 6-130)
(a) 
It is the policy of the city that a bidder, in order to be eligible for award of a certificated contract, must hold a certificate as of the time that bids for the contract are opened.
(b) 
A partnership or joint venture which holds such a certificate in its own name or which is composed of persons which all hold such certificates complies with the foregoing policy.
(c) 
Whenever the city council proposes that a certificated contract be awarded to a bidder which is not the lowest bidder, the council shall notify each lower bidder as to the proposed award and provide each lower bidder an opportunity to appear before the council and present evidence concerning its responsibility.
(1978 Code, sec. 6-132)
(a) 
A person desiring to obtain a certificate for any given classification must submit an application to the city manager, or his designated representative, on a form promulgated by the city manager. An applicant must be a natural person, a partnership, or a corporation. In the application, the applicant shall set forth:
(1) 
The name and assumed name (if any) of the applicant; all names under which the applicant has done business in the preceding five (5) years; if the applicant is a partnership, the name and address for each partner shall be set out; if the applicant or any partner of the applicant is a corporation, the applicant shall set forth:
(A) 
The name of the corporation and the state of incorporation;
(B) 
The names and addresses of the three (3) principal officers;
(C) 
The name and address of each person controlling fifty-one (51) percent or more of the voting rights of the corporation; if no single person controls fifty-one (51) percent or more, the applicant shall list the names of each person who controls twenty (20) percent or more; if fifty-one (51) percent or more is controlled by another corporation, the applicant shall list each person who controls twenty (20) percent or more of the voting rights of such other corporation;
(2) 
Information bearing upon the specific qualifications to receive a certificate for the given classification, as requested on the application form;
(3) 
The street address (not including a post office box) to which the applicant desires that notices under this division are to be sent, the applicant’s telephone number, and the name(s) of the person or persons authorized by the applicant to act on its behalf in connection with the requested certificate; and
(4) 
An affirmation that the applicant has read and understands this division and the motion or resolution establishing the qualifications for the classification of certificated contracts for which the certificate is sought.
(b) 
An application shall be signed by or on behalf of the applicant. With applications signed on behalf of the applicant, the person signing shall submit appropriate proof of authority to act on behalf of the applicant, if so requested by the city manager or his designated representative. In all cases, the person signing shall execute an affidavit affirming that the statements contained in such application are true and correct.
(c) 
If requested by the city manager or his designated representative, either on the application form or in a separate request, an applicant shall submit additional documents and information relating to the qualifications to receive a certificate.
(1978 Code, sec. 6-133)
(a) 
Whenever an application for a certificate is made, the city manager, or his designated representative, shall conduct an investigation with respect to the application and shall take one (1) of the following actions:
(1) 
Approve the application if the applicant appears to the city manager, or his designated representative, to be qualified to receive a certificate; or
(2) 
Tentatively disapprove the application if the applicant does not appear to the city manager, or his designated representative, to be qualified to receive a certificate.
(b) 
An applicant is qualified to receive a certificate for a given classification if:
(1) 
The applicant has filed a substantially complete application;
(2) 
The applicant has made no false or misleading statement in connection with the application; and
(3) 
The applicant meets each of the specific qualifications for receipt of the certificate, as established by motion or resolution of the city council for the given classification.
(c) 
In the case of a corporate applicant which is controlled in its management and operations by another person to such an extent that the other person is the real party in interest, the other person must also meet all of the qualifications to receive a certificate. In such a case, the city manager, or his designated representative, shall notify the other person to file an application to be reviewed in conjunction with the application of the original applicant.
(d) 
The city manager, or his designated representative, shall promptly notify the applicant in writing of the action taken. If the application is tentatively disapproved, the action is subject to section 1.06.079. If the application is approved, the city manager, or his designated representative, shall issue a certificate to the applicant.
(1978 Code, sec. 6-134)
(a) 
Each certificate shall contain substantially the following information:
(1) 
The name of the holder;
(2) 
The date of issuance; and
(3) 
The classification of contracts to which the certificate applies.
(b) 
Each certificate shall be signed by the city manager, or his designated representative.
(c) 
If a certificate is lost, destroyed or stolen, or if the name of the applicant changes, the city manager, or his designated representative, may issue a duplicate certificate. The holder shall make proof of such fact to the satisfaction of the city manager, or his designated representative.
(d) 
Each certificate expires at noon on the third anniversary of the date it is issued. The city council may change the expiration of certificates by motion, resolution or ordinance.
(1978 Code, sec. 6-135)
(a) 
The city manager, or his designated representative, subject to this section, may tentatively revoke a certificate at any time, if the city manager, or his designated representative, determines that:
(1) 
The holder of the certificate filed a materially false or misleading application for the certificate;
(2) 
If the holder were to file a new application for a certificate as of that time, the application would be disapproved;
(3) 
The holder has filed a new application, and the holder does not appear to be qualified to receive a new certificate; or
(4) 
The holder has failed to file a required new application for a certificate, or any required information, within the time period allowed by subsection (c) of this section.
(b) 
The city manager, or his designated representative, shall revoke any certificate when the holder so requests.
(c) 
The holder of a certificate shall, within ten (10) days following receipt of a written request from the city manager, or his designated representative, file a new application for a certificate and provide all related information as if the application were for a new certificate.
(1978 Code, sec. 6-136)
(a) 
The city manager, or his designated representative, shall provide notice and an opportunity for a hearing to each person whose application for a certificate is tentatively disapproved or whose certificate is tentatively revoked.
(b) 
A tentative disapproval or tentative revocation becomes final at 5:00 p.m. on the last day for requesting the hearing (which is measured from the date of notice; see section 1.06.079) unless the applicant or certificate holder requests a hearing before that time in accordance with this division, in which case the action becomes final only if and when the action is affirmed by the city council.
(c) 
After advertisement for bids for a certificated contract, applications for certificates shall be received until the application deadline stated in the notice to bidders or other bidding document. (This deadline will ordinarily be no sooner than the fifteenth day following the date of the first advertisement for bids, but earlier than the time for submission of bids.) Until such deadline, the city manager, or his designated representative, may dispatch notices of tentative revocation which may take effect for that particular contract. Bids for that particular contract will not be opened earlier than the second day following the day when:
(1) 
All applications filed before the deadline have either been approved (and certificates issued accordingly) or disapproved (and all disapprovals have become final as stated above); and
(2) 
Any such tentative revocations have become final or have been reversed.
(d) 
In cases where state law does not require formal advertisements for bids, the city manager, or his designated representative, may alter the deadlines prescribed by this section.
(1978 Code, sec. 6-137)
(a) 
Written notice pursuant to section 1.06.078 shall be given to an applicant or certificate holder by one of the following means:
(1) 
By depositing the notice in a U.S. Postal Service mailbox or receptacle with proper postage affixed and addressed to the person at the person’s most current address shown in the certificate records of the city manager, or his designated representative, or, if no such address is shown, at the person’s usual place of residence or place of business;
(2) 
By hand delivery in person; or
(3) 
By delivery to the person’s most current address shown in the certificate records of the city manager, or his designated representative, or, if no such address is shown, at the person’s usual place of residence or place of business.
(b) 
The notice shall state:
(1) 
The nature of the action and when it becomes final, in compliance with section 1.06.078;
(2) 
The reason or reasons for taking the action;
(3) 
The time and manner for requesting a hearing; and
(4) 
The date, time and place for the hearing before the city council (if previously established).
(c) 
Notice shall be deemed to be received on the third day following deposit in the mail pursuant to subsection (a)(1) hereof or at the time of actual delivery pursuant to subsections (a)(2) and (a)(3) hereof.
(1978 Code, sec. 6-138)
(a) 
A person whose application for a certificate is tentatively disapproved or whose certificate is tentatively revoked may request a hearing at or before 5:00 p.m. on the fifth day following the date the person receives notice of the action taken.
(b) 
Notwithstanding subsection (a) above, when the last day for requesting a hearing falls on a day when the office of the city manager, or his designated representative, is not open to the public at all, or is not open until 5:00 p.m., the time for requesting a hearing is extended until 5:00 p.m. on the next succeeding day on which the office is open until that time.
(c) 
Requests for hearings must be in writing and delivered to the city manager’s, or his designated representative’s, office. A person’s failure to deliver a written request within the time allowed shall constitute a waiver of such person’s right to a hearing. Persons who request hearings are strongly encouraged to submit written responses to the reason or reasons stated in the city manager’s, or his designated representative’s, notice and to attach documents bearing upon such matters, as this will help the city council to determine the position of the person at the hearing.
(d) 
When a written request for a hearing is delivered within the time allowed, the city manager, or his designated representative, shall promptly refer the matter to the city council. The referral shall include:
(1) 
A copy of any application forms involved in the proceeding;
(2) 
A copy of the city manager’s, or his designated representative’s, notice of tentative disapproval or revocation;
(3) 
A copy of the request for the hearing;
(4) 
A copy of any written response and any related materials submitted by the person requesting the hearing;
(5) 
An identification of the specific qualification criteria involved in the proceeding; and
(6) 
A summary of the city manager’s, or his designated representative’s, position.
(e) 
It shall be the responsibility of the city council to convene and hold a hearing after the matter is so referred. The city secretary shall give at least three (3) days’ notice of the date, time and place of the hearing to the city manager, or his designated representative, and the person who requests the hearing, unless such notice has been previously given.
(f) 
All hearings pursuant to this section shall be conducted under the normal rules of the council, except that both the city manager, or his designated representative, and the other party to the hearing shall be allotted ten (10) minutes each to make presentations. Subject to such rules, the person requesting the hearing:
(1) 
Shall have the right to be represented by counsel;
(2) 
May present witnesses in the person’s own behalf; and
(3) 
May request that the council suspend its normal rules to allow cross-examination of witnesses or other special procedures.
(g) 
At hearings involving the disapproval of an application for a certificate, the applicant shall carry the burden of proving by a preponderance of the evidence that it is qualified to receive a certificate. At hearings involving the revocation of a certificate, the city manager, or his designated representative, shall carry the burden of proving by a preponderance of the evidence that the certificate should be revoked. The city manager, or his designated representative, shall attend all such hearings.
(h) 
Following an opportunity for a hearing, the city council shall reverse or affirm the action taken by the city manager, or his designated representative. The city secretary shall promptly notify the city manager, or his designated representative, and the person who requested the hearing as to the decision reached by the city council. The decision of the city council shall be final. If the tentative disapproval of an application is reversed, the city manager, or his designated representative, shall issue a certificate to the applicant. If a tentative revocation is reversed, the certificate remains in effect.
(i) 
Notices required to be given by the city secretary may be given by one of the means allowed by the preceding section or by such other method as a party may designate or consent to.
(1978 Code, sec. 6-139)