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A. The City may award exclusive and nonexclusive contracts. Unless a contract specifically states it is exclusive, it shall be deemed nonexclusive. “Nonexclusive” means that the City may award a contract to more than one contractor for similar supplies or services as deemed appropriate.
B. A contract for supplies, services, or construction materials shall have a stated end date and may be entered into for any stated period of time deemed to be in the best interest of the City. The term of the contract and the conditions of renewal or extension, if any, shall be included in the solicitation. No contract may be renewed indefinitely.
C. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriations of funds by the City Council.
D. Contracts and purchase orders may be amended, modified or supplemented only by written amendment to the contract or purchase order, executed by the parties thereto.
E. The City Recorder shall countersign all contracts made on behalf of the City or to which the City is a party. Department heads shall provide the City Recorder with a fully conformed original copy of all procurement contracts upon their execution. The City Recorder shall maintain an indexed record of all procurement contracts.
F. In the event a construction project has a change order or a price variance due to unknown or unforeseen circumstances, conditions, or factors affecting the outcome of the project, the Chief Procurement Officer shall notify the City Council of any condition that would exceed 20% of the original bid amount. Change orders in construction project contracts that cause the contract price to exceed the total project budget shall not be approved until reviewed and approved as a budget adjustment by the City Council. (Ord. 2020-01, 4-14-2020)