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A. The City Manager may, in the public interest, debar an actual or prospective contractor for any of the causes set forth below. The existence of a cause for debarment, however, does not necessarily require that the contractor be debarred. When a contractor is debarred, all divisions or other organizational elements of the contractor and its affiliates are debarred. Any debarment issued by the City Manager shall state the reason for the debarment, and prohibit the contractor from entering into any contracts with the City while the debarment is in effect as set forth below.

B. The City Manager may debar an actual or potential contractor for:

1. A conviction of, or civil judgment against, a contractor for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public contract or subcontract;

2. Conviction of or indictment for embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, delinquent transaction privilege taxes in excess of $1,000.00, other tax evasion or violation of Federal criminal tax laws, or receiving stolen property;

3. The breach by or the failure of a contractor or any of its affiliates to perform material terms of one or more contracts either with the City or related to a City project, after written demand by the City or other party; or

4. Significant overpayment under a City contract, a related subcontract or a contract for a City project and a failure to repay the City after reasonable notice of the overpayment.

C. The City Manager will consider the seriousness of the contractor’s acts or omissions and any remedial measures or mitigating factors in making a decision to debar a contractor and determining the term of the debarment, which term may not exceed three years.

D. The City Manager will notify the contractor and any of its affiliates by written notice sent certified mail, return receipt requested, that debarment is being considered, including:

1. Reasons for the proposed debarment in terms sufficient to put the contractor on notice of the conduct or transactions upon which it is based;

2. City’s procedures governing debarment decision-making; and

3. Potential effect of debarment on the contractor and its affiliates.

E. In actions based upon a conviction or civil judgment, or in which there is no genuine dispute over material facts, the City Manager will issue a written decision on the basis of all the information in the administrative record, including any submission made by the contractor. If no suspension is in effect, the decision shall be made within 30 days after receipt of any information and argument submitted by the contractor, unless the City Manager extends this period for good cause. The City Manager will base the decision on the facts as found, together with any information and argument submitted by the contractor and any other information in the administrative record. The City Manager may refer matters involving disputed material facts to another official for findings of fact. The City Manager may reject any such findings, in whole or in part, only after specifically determining them to be arbitrary and capricious or clearly erroneous. The City Manager’s decision shall be made after the conclusion of the proceedings with respect to disputed facts. In actions in which additional proceedings are necessary as to disputed material facts, written findings of fact shall be prepared. Debarment decisions that are not based upon a conviction or civil judgment, the cause for debarment must be established by a preponderance of the evidence. (Ord. No. G-5953, 2014)