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11.2 Criminal Activity of Contractor <br />Should the Contractor or any of its officers, directors or employees be found guilty of <br />felonious conduct related to the performance of this Contract, or of felonious conduct <br />related to anti-trust activities, illegal transport or Disposal of hazardous or toxic <br />materials, or bribery of public officials, the City reserves the right to unilaterally <br />terminate this Contract or impose other such sanctions (which may include financial <br />sanctions, temporary suspensions or any other condition deemed appropriate short of <br />termination) as it shall deem proper. Such action shall be taken after Contractor has <br />been given notice and opportunity to present evidence in mitigation. The term "found <br />guilty' shall be deemed to include any judicial determination that Contractor or any of <br />Contractor's officers, directors or employees is guilty and any admission of guilt by <br />Contractor or any of Contractor's officers, directors or employees including, but not <br />limited to, the plea of "guilty", "nolo contendere ", "no contest", and "guilty to a lesser <br />charge" entered as part of any plea bargain. <br />11.3 Notice, Hearing and Appeal of Contractor Breach; <br />Upon a default by Contractor, City may, at its discretion, provide Contractor with a <br />written notice of intent to terminate this Agreement that includes the following: <br />a. A description of the evidence upon which the decision to terminate is based <br />b. That Contractor has a right to a hearing prior to the City's termination of the <br />Agreement <br />This hearing is to be scheduled as an open public hearing item at a City Council <br />meeting within thirty (30) days of the Termination Notice, subject to any legal <br />requirements including but not limited to the Ralph M. Brown Act, Government Code <br />Sections 54950-54963. At this hearing Contractor shall have the right to present evidence <br />to demonstrate that it is not in default and to rebut any evidence presented in favor of <br />termination. Based upon substantial evidence presented at this hearing, the Council <br />may, by adopted resolution, act as follows: <br />1. Decide to terminate this Agreement; or, <br />2. Determine that Contractor is innocent of a default and, accordingly, dismiss the <br />Termination Notice of any charges of default; or, <br />March 9, 2020 60 123212 City of Santa Ana - DRAFT <br />