2023-06ORDINANCE NO.2023-06
AN ORDINANCE AUTHORIZING THE CITY, FOR INDEFINITE DELIVERY OR
QUANTITY CONTRACTS MEETING THE REQUIREMENTS OF CODE OF VIRGINIA
§2.2-4337(A), TO ALLOW THE CONTRACTOR AWARDED SUCH CONTRACT TO
FURNISH TO THE CITY A PERFORMANCE BOND AND A PAYMENT BOND, EACH OF
WHICH SHALL BE EQUAL TO THE DOLLAR AMOUNT OF THE INDIVIDUAL TASKS
IDENTIFIED IN THE UNDERLYING CONTRACT
WHEREAS, the City Council has determined that it is in the City's interest to modify certain
requirements for performance and payment bonds in certain circumstances, as specifically authorized
by Chapter 211 of the 2023 Virginia Acts of Assembly (which sets forth certain modifications to the
Virginia Public Procurement Act, and specifically Code of Virginia §2.2-4337); and
WHEREAS, such enabling authority requires that this action be accomplished by ordinance.
NOW, THEREFORE, IT IS ORDAINED, by the City Council of the City of Fairfax, Virginia, that,
for indefinite delivery or quantity contracts (as defined in the enabling authority) awarded that
conform to subsection A of Code of Virginia §2.2-4337, the City may allow for a contractor to furnish
to the City a performance bond and a payment bond, each of which shall be equal to the dollar amount
of the individual tasks identified in the underlying contract.
IT IS FURTHER ORDAINED, that the provisions of this ordinance shall be in lieu of, and shall
constitute an exception to, any conflicting provisions contained in Article VI (Finance) of the Code of
the City Fairfax, Virginia.
This ordinance shall become effective on July 1, 2023.
INTRODUCED: June 13, 2023
PUBLIC HEARING: June 27, 2023
ENACTED: June 27, 2023
Mayor
ATTEST:
Date
City Cler
VOTE:
Mayor Read
Aye
Councilmember Bates
Aye
Councilmember Doyle Feingold
Aye
Councilmember Greenfield
Aye
Councilmember Lim
Aye
Councilmember Ross
Aye
Councilmember Stehle
Aye