(1) Specified Period. To the extent permitted by law, a contract for supplies or services may be entered into for a period of time not to exceed a total of 5 years, provided the terms of the contract and the conditions of renewal or extension, if any, are included in the solicitation and funds are available for the first fiscal period at the time of contracting. To extend beyond the 5-year total will be at the discretion of the County Administrator or as County Council may direct. Payment and performance obligations for succeeding fiscal periods shall be subject to the availability and appropriation of funds therefore and shall not be subject to nonsubstitution provisions.
(2) Determination Prior to Use. Prior to the utilization of a multi term contract, it shall be determined in writing by the using department:
(a) That estimated requirements cover the period of the contract and are reasonably firm and continuing; and
(b) That such a contract will serve the best interest of the County by encouraging effective competition or otherwise promoting economies in County procurement.
(3) Cancellation Due to Unavailability of Funds in Succeeding Fiscal Periods. All multi term contracts shall contain a clause stating that when funds are not appropriated to support continuation of performance in any subsequent fiscal period, the contract shall be cancelled. Such contracts shall also provide that the County is not subject to a nonsubstitution provision.
(Ord. 3704, passed 6-17-2003)