1. Meeting the city’s needs including quality of performance, costs, time for performance, and completion date.

2. The type and complexity of the supply or service requirement and the stability of markets and prices.

3. The difficulty of estimating performance costs, such as when the city is unable to develop definitive specifications, identify the contractor’s risks inherent in performing the work, or otherwise clearly establish contract requirements.

4. The amount of risk imposed by a contract type on both parties. The degree of risk should not jeopardize any material interests of the city, or the satisfactory performance of the contract.

5. The administrative impacts to both parties, such as administration costs, the degree to which the city must provide technical coordination during the performance of the contract, and the ability to meet any federal requirements.

6. The effect of the choice of contract type on the amount of competition expected.

1. Progressive Awards. The procurement officer may award portions of a definite quantity requirement to more than one contractor as appropriate, such as when the city’s quantity needs exceed what one contractor can supply at the needed times.

2. Multiple Awards. The procurement officer may award an indefinite quantity contract for one or more similar supplies or services to more than one bidder or offeror. Multiple awards should not be made solely for the purpose of dividing business or accommodating a user’s preference, but may be made when determined to provide a benefit to the city with respect to needs for quantity, delivery, style, price, quality, or other features.

3. Exclusive/Nonexclusive Basis. Awards may be made on an exclusive or nonexclusive basis. Where nonexclusive, the city is not required to fill all similar needs from one contractor, but may solicit as it determines. Where a contract does not specifically state it is exclusive, it shall be deemed nonexclusive.

4. Appropriation of Funds. Contracts extending beyond the current fiscal period shall be subject to termination for nonappropriation of funds for departments or divisions which rely on the general fund.

5. Options to Extend Term. Contracts may include provisions to extend a contract term for specified periods at the city’s option.

1. Generally. All modifications to contracts must be in writing and signed by all parties. Modifications shall modify only the specific terms set forth, and all other contract provisions shall remain as originally entered.

2. Modifications Not Affecting Scope, Price or Term. Any contract provisions not affecting the scope, price or term of the contract may be modified as determined appropriate by the department head or procurement officer, and they shall consult with the city attorney’s office as necessary.

3. Modifications Affecting Price. The procurement officer shall review any proposed modification that significantly increases price to determine whether there has been a material change in the scope of the work originally solicited, or whether the modified price may be unreasonable.

4. Modifications Affecting Scope of Work. The city may decrease any scope of work when in the city’s interest. The procurement officer may increase any scope of work as determined appropriate when in the city’s interest, when the modifications are reasonably related to the work originally solicited, and when the price for the increase appears reasonable.

5. Modifications Affecting Term. Contracts may be renewed or extended by the procurement officer. Extensions cannot be used solely for the purpose of avoiding a solicitation process.

6. Modifications to Open Contracts. In an open contract, the contractor generally agrees to provide specified supplies or services as needs arise during a fixed term, and the contract may include a total not-to-exceed price during the term. When the contract does not include a not-to-exceed price, the contract’s term can only be extended when approved in writing by the procurement officer. When the contract includes a not-to-exceed price, the procurement officer may approve an increase in price if the term is not exceeded, and the term may be extended when the not-to-exceed price is not exceeded. The procurement officer must approve in writing an increase in both term and price. When practicable, these contracts should be resolicited rather than modified to extend a term.

7. Modifications to Purchase Contracts Between Seven Thousand Five Hundred Dollars and One Cent and Fifty Thousand Dollars. Contracts solicited under the informal bidding procedure, as set forth in this chapter, may not be modified in excess of the maximum dollar amounts permissible for such purchases, and may not be renewed on a successive basis, unless approved by the department head or procurement officer.