(A) Applicability. This section applies to controversies between the city and the contractor, which arise under, or by virtue of the contract or purchase order between them. This includes, without limitation, controversies based upon breach of the terms of the contract or purchase order, mistake, misrepresentation or other cause for modification or rescission.
(B) Authority. Subject to the provisions of Chapter 36 of the code of ordinances of the city, the Director of Purchasing, or his designee, is authorized, prior to commencement of an action in a court or administrative proceeding concerning the controversy, to settle and resolve a controversy described in division (A) of this section, following consultation with the Corporation Counsel. Any such settlement or resolution shall be subject to approval in accordance with any applicable state statutory requirements and in accordance with Chapter 36. This authority shall be exercised in accordance with the provisions of the Charter, the code of ordinances, including, but not limited to Chapter 38, any applicable regulations and the availability of unexpended appropriated funds for the underlying transaction during the fiscal year.
(C) Decision period. If such a controversy is not resolved by mutual agreement, the Director of Purchasing, or his designee, 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 review as permitted by law or agreement.
(D) Notice of decision period. A copy of the decision under division (C) of this section shall be mailed or otherwise furnished immediately to the contractor.
(E) Finality of decision. The decision under division (C) of this section shall be final and conclusive unless fraudulent.
(F) Failure to render timely decision. If the Director of Purchasing, or his designee, does not issue the written decision required under division (C) of this section within 120 calendar days after written request for final decision or within the longer period as may be agreed upon by the parties, then the contractor may proceed as if an adverse decision has been received.
(Ord. passed 6-20-2005)