§ 39.42  AUTHORITY TO RESOLVE CONTRACT AND BREACH OF CONTRACT CONTROVERSIES.
   (A)   Applicability. This section applies to controversies between the city and a contractor, and which arise under, or by virtue of, a contract between them. This includes without limitation controversies based upon breach of contract, mistake, misrepresentation, or other cause for contract modification or rescission.
   (B)   Authority. Prior to commencement of an action in a court concerning the controversy, the City Manager is authorized to settle and resolve a controversy described in subsection (A) of this section.
   (C)   Decision. If such a controversy is not resolved by mutual agreement, the City Manager shall promptly issue a decision in writing. The decision shall:
      (1)   State the reasons for the action taken; and
      (2)   Inform the contractor of its right to judicial or administrative review.
   (D)   Notice of decision. A copy of the decision under subsection (C) of this section shall be mailed or otherwise furnished immediately to the contractor.
   (E)   Finality of decision. A decision under subsection (C) of this section shall be final and conclusive, unless fraudulent, or unless any person adversely affected by the decision commences an action in court of competent jurisdiction.
   (F)   Failure to render timely decision. If the Chief Procurement Officer, the City Manager, or the designee of either officer does not issue the written decision required under subsection (C) of this section within 120 days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision had been received.
(‘76 Code, § 3-8-9) (Ord. 903, passed 7-23-92; Am. Ord. 2008-012, passed  6-12-08; Am. Ord. 2016-008, passed 12-8-16)