(A) Termination. The City Manager or designee is authorized to terminate any contract entered into by the City when he or she determines that a party to the contract has breached or failed to perform one or more of its obligations. Except in the case of an emergency where such advance notice is not possible or where the contract was entered into without City Commission approval, the CPO, City Manager or designee must provide sufficient reasoning in the written notice to the Mayor and each City Commissioner so that they may make any necessary inquiries at the next regular City Commission meeting.
When a contract is entered into by the City pursuant to City Commission approval and is terminable by the City without cause, only the City Commission is authorized to terminate the contract without cause. If the Mayor or any City Commissioner desires that a contract be terminated without cause, he or she shall notify the City Manager in writing and request that the item be placed on the next regular City Commission agenda.
(B) Extensions. The City Manager or designee is authorized to extend for a maximum of 120 days, any contract entered into by the City pursuant to City Commission approval. Any further extensions of such contract require City Commission approval, subject to all requirements of the Procurement Code.
(C) Renewals.
(1) General. When a contract entered into by the City pursuant to City Commission approval provides for one or more renewals by affirmative action of the City and the estimated annual cost of a renewal exceeds $250,000, only the City Commission is authorized to approve such renewals. When a contract entered into by the City pursuant to City Commission approval provides for one or more renewals by affirmative action of the City and the estimated annual cost of a renewal of the contract does not exceed $250,000, the CPO shall have the authority to recommend to the City Manager approval or rejection of the renewal if it is the first, second, or third renewal of the contract, but only the City Commission is authorized to approve any subsequent renewal. When a contract entered into by the City pursuant to City Commission approval provides for one or more renewals by affirmative action of the City and the estimated annual cost of a renewal of the contract does not exceed $25,000, the CPO shall have the authority to approve or reject the renewal if it is the first, second or third renewal of the contract, but only the City Commission is authorized to approve any subsequent renewal.
(2) Automatic. When a contract is entered into by the City pursuant to City Commission approval and provides for one or more automatic renewals unless one party notifies the other of its intent not to renew, only the City Commission is authorized to decide not to renew the contract.
(D) Employment contracts. The provisions of this section shall not apply to the employment contracts of the City Manager, City Attorney, Executive Director of the Community Redevelopment Agency, and contractual employees.
(E) Conflicting contractual provisions. Specific provisions of contracts and ordinances that conflict with the provisions of this section shall prevail over this section.
(F) Application to existing and future contracts. The provisions of this section shall apply to every contract in existence on the effective date of this section and every contract entered into thereafter.
(Ord. O-97-43, passed 11-5-97; Am. Ord. O-2000-14, passed 3-22- 00; Am. Ord. O-2009-11, passed 5- 6-09; Am. Ord. O-2015-17, passed 8-26-15; repealed and replaced by Ord. O-2020-07, passed 7-1-20)