As used in this division, the following terms have the meanings
given below:
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.
A city contract where:
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;
The contract will generally exceed five hundred thousand dollars
($500,000.00); and
The notice to bidders or other bidding document for the contract
refers to this division.
(1978 Code, sec. 6-130)
This division applies only to certificated contracts.
(1978 Code, sec. 6-131)
(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)
(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
(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:
(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:
(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:
(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)
