Every contract modification, change order, or contract price adjustment under a construction
contract with the unified government in excess of ten percent shall be required, subject
to prior written certification by the fiscal officer of the entity responsible for
funding the project or the contract, or other official responsible for monitoring
and reporting upon the status of the costs of the total project budget or contract
budget, as to the effect of the contract modification, change order, or adjustment
in contract price on the total project budget or the total contract budget. In the
event that the certification of the fiscal officer or other responsible official discloses
a resulting increase in the total project budget and/or the total contract budget,
the procurement officer shall not execute or make such contract modification, change
order, or adjustment in contract price unless sufficient funds are available therefor,
or the scope of the project or contract is adjusted so as to permit the degree of
completion that is feasible within the total project budget and/or total contract
budget as it existed prior to the contract modification, change order, or adjustment
in contract price under consideration; provided, however, that with respect to the
validity, as to the contractor, of any executed contract modification, change order,
or adjustment in contract price which the contractor has reasonably relied upon, it
shall be presumed that there has been compliance with the provisions of this section.
(Ord. No. 64497, § 1(5-302), 6-27-1983)
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