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<br />B. <br /> <br />C. <br /> <br />J. /J - ,<:;/ <br /> <br />e. <br /> <br />Made (or makes) any false statement(s) or representation(s) with <br />respect to this Agreement. <br /> <br />2. <br /> <br />If fraudulent, criminal or other seriously improper conduct of any officer, <br />director, shareholder, partner, employee or other individual associated <br />with the Contractor can be imputed to the Contractor when the conduct <br />occurred in connection with the individual's perfonnance of duties for or <br />on behalf of the Contractor, with the Contractor's knowledge, approval or <br />acquiescence, the Contractor's acceptance of the benefits derived from the <br />conduct shall be evidence of such knowledge, approval or acquiescence. <br /> <br />The City may also tenninate this Agreement in the event anyone or more of the <br />following occurs: <br /> <br />1. <br /> <br />The City detennines that Contractor no longer has the financial capability4 <br />or business experience5 to perfonn the tenus of, or operate under, this <br />Agreement; or, <br /> <br />2. <br /> <br />If City detennines that the Contractor fails to submit infonnation, or <br />submits false infonnation, which is required to perfonn or be awarded a <br />contract with City, including, but not limited to, Contractor's failure to <br />maintain a required State issued license, failure to obtain a City business <br />license (if applicable) or failure to purchase and maintain bonds and/or <br />insurance policies required under this Agreement. <br /> <br />In the event a prospective Contractor (or bidder) is ruled ineligible (debarred) to <br />participate in a contract award process or a contract is tenninated pursuant to <br />these provisions, Contractor may appeal the City's action to the City Council by <br />filing a written request with the City Clerk within ten (10) days of the notice <br />given by City to have the matter heard. The matter will be heard within thirty (30) <br />days of the filing of the appeal request with the City Clerk. The Contractor will <br />have the burden of proof on the appeal. The Contractor shall have the opportunity <br />to present evidence, both oral and documentary, and argument. <br /> <br />4 Contractor becomes insolvent, transfers assets in fraud of creditors, makes an assignment for the <br />benefit of creditors, files a petition under any section or chapter of the federal Bankruptcy Code (11 <br />U.S.c.), as amended, or under any similar law or statute of the United States or any state thereof, is <br />adjudged bankrupt or insolvent in proceedings under such laws, or a receiver or trustee is appointed for all <br />or substantially all of the assets of Contractor. <br /> <br />Loss of personnel deemed essential by the City for the successful performance of the obligations <br />of the Contractor to the City. <br /> <br />Page 2 of 2 <br /> <br />Ethical Standards for Contractors - Redwood City <br />Rev: 12/06/04 Exhibit D <br />