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<br />subcontract; including but not limited to embezzlement, theft, forgery, bribery, <br />falsification or destruction of records, making false statements, or receiving stolen <br />property. Conviction of a crime based on such activities shall not be a requirement of this <br />subsection, so long as there is credible evidence sufficient for the Purchasing <br />Administrator to conclude that such conduct occurred. <br /> <br />111. Violation of any material term of a government contract or subcontract with any <br />governmental entity, including but not limited to failure to perform and/or a history of <br />failure to perform; and also failure to honor a binding bid. This subsection shall apply to <br />past contracts and to present contracts. The government entity's need to call on a <br />performance bond or completion bond shall be prima facie evidence of such a violation. <br /> <br />IV. Debarment by any other governmental entity. <br /> <br />v. Failure to honor the letter or spirit of a bond or a hold harmless or indemnification <br />agreement with the City, or litigiousness with the City. <br /> <br />vi. Any other cause that is of so serious or compelling a nature that it materially <br />affects the Contractor's present responsibility or ability to perform, or such that hiring the <br />Contractor could adversely affect the City's reputation for responsible contracting. <br /> <br />(b) The Purchasing Administrator shall give fair consideration to the seriousness of <br />the Contractor's wrongful acts or omissions, the ability and willingness of the Contractor to act <br />reasonably to correct problems, any mitigating factors, and the public interest. <br /> <br />Sec. 12-293. Procedures for Debarment. <br /> <br />(a) If the Purchasing Administrator concludes that there is cause under Section 12- <br />292 for debarring a Contractor, he may in his discretion debar the Contractor using the <br />procedures set forth in this section. Debarment shall be for a specified period of time, up to and <br />including permanency, that is reasonably commensurate with the seriousness of the cause for <br />same. <br /> <br />(b) Prior to debarring a Contractor, the Purchasing Administrator shall obtain the <br />written concurrence of the City Manager or his designee and the approval of the City Attorney or <br />his designee for form and legality. <br /> <br />(c) The existence of a cause for debarment does not require that the Contractor be <br />debarred. If cause does exist, the Purchasing Administrator may debar at any time up to two <br />years after having actual knowledge thereof. Failure to debar forthwith upon learning of cause <br />shall not comprise a waiver of the right to debar at a later time; and a contractor may be awarded <br />a contract but put on terms to avoid a possible future debarment. <br /> <br />(d) If a Contractor engages in unacceptable conduct that could, in consideration with <br />