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<br />other future acts, be a basis for debarment, the Purchasing Administrator may, in his discretion, <br />notify the Contractor in writing that the misconduct, unsatisfactory performance, or failure to <br />perform, if aggravated by future acts, could result in debarment. <br /> <br />(e) If the decision is made to debar, written notice shall be provided to the Contractor. <br />The notice shall: <br /> <br />1. State the reasons for the debarment in terms sufficient to put the Contractor on <br />notice of the basis for the decision and the period of time for the debarment; <br /> <br />2. State the procedures the Contractor may take to examine the information or <br />evidence supporting the debarment; and <br /> <br />3. Inform the Contractor of the right to appeal in writing to the City Manager within <br />ten days of issuance of the written notice. <br /> <br />(f) If a Contractor is debarred, the debarment shall also apply to any other business <br />entity formed with the same resources, owners, principals, or stockholders as the debarred <br />Contractor. <br /> <br />(g) The Purchasing Administrator shall have the discretion to rescind or modify a <br />debarment, if he concludes in his sole discretion, based on credible evidence, that the Contractor <br />has been rehabilitated and that it would be in the public interest to take such action. <br /> <br />(h) The Purchasing Administrator shall maintain an up-to-date list showing the status <br />of all debarred contractors. The list shall be made available for prompt review to any Council <br />Member, upon request. <br /> <br />Sec. 12-294. Appeals. <br /> <br />(a) The Contractor may appeal the debarment decision to the City Manager in writing <br />received by the City Manager within ten days of issuance of the written debarment decision. The <br />notice shall state with reasonably clarity the basis for the appeal. <br /> <br />(b) Upon receipt of a proper and timely appeal, the City Manager shall schedule a <br />hearing. The City Manager may, in his sole discretion: <br />i. Conduct the hearing himself; <br />ii. Have the hearing conducted by a designee who is a City employee; or <br />iii. Have the hearing conducted by a qualified and neutral mediator selected by the <br />City Manager, with the cost of the mediator to be borne by the Contractor. If the <br />Contractor does not agree to pay said cost, the City Manager may dismiss the appeal <br />forthwith, and there shall be no further appeal from that decision. <br /> <br />(c) The hearing shall be informal, and it shall be conducted in private unless by <br />