§ 36-57  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 recision.
   (B)   Council retains authority.  The City Council is authorized, prior to commencement of an action in a court concerning the controversy, to settle and resolve a controversy described in this section.
   (C)   Decision.  If such a controversy is not resolved by mutual agreement, the Purchasing Agent shall promptly issue a decision in writing setting forth the decision of the Council.  The decision shall:
      (1)   State the reasons for the action taken; and
      (2)   Inform the contractor of right to judicial review as provided in this chapter.
   (D)   Notice of decision.  A copy of the decision under this section shall be mailed or otherwise furnished immediately to the contractor.
   (E)   Finality of decision.  The decision under this section shall be final and conclusive, unless fraudulent, or unless the contractor commences an action in court.
   (F)   Failure to render timely decision.  If the Purchasing Agent does not issue the written decision required under 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.
('80 Code, § 12-73)  (Ord. 2018, passed 6-17-81)