§ 2-1292. Emergencies resulting in potential increased costs; contract modifications and change orders.

(a)

Authority of chief procurement officer. The chief procurement officer may execute contract modifications or change orders that involve an increase to the financial amount of the contract in the following two cases:

(1)

When the chief procurement officer, in consultation with the chief financial officer and the using agency, determines in writing that the total cumulative cost of all contract modifications or change orders do not exceed ten percent of the total "not to exceed" cost originally authorized for the contract and the following conditions are met:

a.

The chief procurement officer, in consultation with the chief financial officer and the using agency, makes a written determination that the contract modification or change order cannot be delayed pending approval of the mayor and city council without substantial delay and cost to the city. In the event that such written determination is made, all members of city council will be provided a copy of such written determination prior to the execution of the contract modification or change order; and

b.

The chief financial officer verifies the availability of funds therefore; and

(2)

When appropriate legislation is adopted by the city council and approved by the mayor authorizing the contract modification or change order and appropriating funds therefore and the chief financial officer verifies the availability of such funds.

(b)

Modifications exceeding ten percent. When the cumulative dollar amount for all contract modifications and change orders exceeds ten percent of the total "not to exceed" cost authorized for the contract, all subsequent contract modifications or change orders that involve additional cost to the city shall be approved by the city council and mayor.

(c)

[ Determination of cumulative dollar amount. ] In determining whether the cumulative dollar amount for all contract modifications and change orders exceeds ten percent of the contract amount of a multi-term contract, contract amounts authorized during each term of the multi-term contract shall be cumulated and compared to the cumulative dollar amount for all contract modifications and change orders issued since the inception of the multi-term contract.

(d)

Unilateral change orders, change orders, contract modifications, miscellaneous modifications or similar documents involving no additional cost to the city. Unilateral change orders, change orders, contract modifications, miscellaneous modifications or similar documents involving no additional cost to the city, including, but not limited to, documents changing contract performance periods or milestones, reallocating monies among contract line items, adding work or services within the general scope of the contract to be paid out of allowance items originally authorized in the contract, deleting scope from the contract, may be executed by the chief procurement officer, the head of the affected using agency or any of their designees.

(Ord. No. 2009-78(09-O-1876), § 7, 12-15-09)