Code of Virginia
Title 2.2 – ADMINISTRATION OF GOVERNMENT.
Chapter 43 – Virginia Public Procurement Act.
§ 2.2-4309. Modification of the contract.
A. A public contract may include provisions for modification of the contract during performance, but no fixed-price contract may be increased by more than twenty-five percent of the amount of the contract or $50,000, whichever is greater, without the advance written approval of the Governor or his designee, in the case of state agencies, or the governing body, in the case of political subdivisions. In no event may the amount of any contract, without adequate consideration, be increased for any purpose, including, but not limited to, relief of an offeror from the consequences of an error in its bid or offer.
December 13, 2010
VIA EMAIL TO: Victoria.Benjamin@Richmondgov.com
Ms. Victoria Benjamin, General Counsel
Richmond Police Department
200 W. Grace St.
Richmond, VA 23220
Re: Towing Contract
Dear Ms. Benjamin,
Would you please reconcile these two statements for me (emphasis added):
1. “In its vote, the council took no position on a proposal to increase the standard towing rate from $65 to $95. The rate has been $65 since at least 1992. Marshall said he plans to increase the rate to $95 unless Jones directs otherwise.” –Richmond Times-Dispatch, April 13, 2010.
2. “… but as for what was presented by the media and everyone else after the vote took place, it was represented that the rate had changed to $95 with this contract. And, that’s what was printed by the Richmond Times-Dispatch and someone else as the vote that took place and everyone’s intent. So what had always been represented to the public was the $95 rate.” –Victoria Benjamin, November 15, 2010.
Thank you for your assistance.
Attachments: Photo of newspaper excerpt
Copy: Council, Administration, Press
Essential to a well managed government is that information flows freely from both the citizens to the government and from the government to the citizens. Moreover, citizens expect and deserve a responsive government. –Mayor Dwight Jones
A few hours after Tuesday’s ruling, the Richmond Police Department’s general counsel sent out a departmentwide e-mail informing employees of Pustilnik’s ruling and directing officers not to enforce the ordinance until further notice.
via timesdispatch.com Reed Williams.