§ 64-435. Debarment.

(a)

Policy. No street plate permit shall be issued to any applicant which is itself debarred from obtaining street plate permits as hereinafter set forth, or which is managed, controlled, or more than 50 percent owned by a person or entity so debarred. An applicant which is itself debarred, or which is managed, controlled or more than 50 percent owned by a person or entity that is debarred shall not act as a subcontractor on any work performed pursuant to the issuance of a street plate permit issued by the city.

(b)

Grounds for debarment; duration of debarment. In the event that any applicant on any work performed pursuant to the issuance of a street plate permit issued by the city is determined, as hereinafter set out, to be willfully and without good cause violating the requirements of the street plate permit in any way, including but not limited to those listed below, then such applicant and its chief operating officer, and any owner or part owner who participated in the management of the company at the time of the violation, shall be debarred from participating in any work requiring the issuance of a street plate permit for a period of two years for the first offense, five years for the second offense and ten years for any subsequent offense.

(1)

Incorporating materials into the work which are not in accordance with the specifications.

(2)

Failing to complete the permitted work.

(3)

Performing work without having obtained the required permits.

(4)

Concealing work from the city's inspectors.

(5)

Failing to repair property which was damaged in the course of doing the permitted work.

(6)

Failing to pay outstanding permit fees.

(7)

Permitting a subcontractor to do any of the things listed in this subsection, or failing to take reasonable measures to prevent a subcontractor from doing the things listed herein.

(c)

Procedure. Action to debar a contractor may be initiated by the director and shall proceed as follows:

(1)

Initiation of proceeding. The proceeding may be initiated by the director who shall issue a written notice of the proposed debarment to the applicant and to the city manager. The notice shall include a statement of the reasons for the proposed debarment, the date of mailing, and the date, time and place of a hearing on the matter. If the applicant cannot be located for purposes of delivery of the notice, the proceeding shall be held in abeyance until notice can be given.

(2)

Notice. Any notice required by the proceeding and any other notice to the applicant may be sent postage prepaid by certified U.S. mail to the applicant at its last known address or at its registered office, if it is a corporation, or by delivering a copy of the notice to the applicant personally or to an officer, partner, or managing or general agent or to any other agent authorized by appointment or required by law to receive service of process.

(3)

Hearing panel. The hearing panel shall consist of three persons appointed by the city manager, one of whom shall be designated as chairperson. The panel shall not include the department director or any member of the department that initiated the proceeding. A person that has served on a debarment hearing panel against a contractor may not serve on a subsequent debarment hearing panel involving the same contractor.

(4)

Conduct of hearing. Unless a delay is requested by the applicant, the hearing shall be held no more than 30 days after notice is received by the applicant. The applicant shall have full right to have counsel, to produce witnesses and to cross examine all witnesses who may appear against it. All proceedings in such hearings shall be taken down stenographically, or recorded mechanically or electronically, or by a combination thereof, and shall be transcribed whenever required by law. Subpoenas shall be issued by the hearing panel for any witness whose presence is desired at any hearing or proceeding before the hearing panel. Such subpoenas shall be served and return thereon shall be made in the same manner as is provided by law in civil suits in the circuit court of this state. Witnesses may also appear voluntarily at such hearings and testify. Before any witness shall testify in any such hearing or proceeding, he shall swear or affirm to tell the truth.

(5)

Decision. Decisions shall be concurred in by a majority of the hearing panel. Within 60 days after the hearing, the panel shall issue its decision in writing stating whether the applicant is debarred from obtaining street plate permits and, if so, for what period of time.

(6)

Notice of decision. The applicant shall be given prompt notice of the decision of the hearing panel, and a copy of such decision shall be promptly mailed or otherwise furnished to the applicant.

(7)

Finality of decision. The decision of the hearing panel shall be final and conclusive unless the applicant, within 30 days after issuance of the decision, commences a timely action for review in a court of competent jurisdiction in accordance with applicable law.

(Ord. No. 050591, § 1, 9-1-05)