(A) Term.
(1) Unless otherwise provided by law, a contract for supplies or services may be entered into for any time period deemed to be in the best interests of the city provided the funds are available for the first fiscal period at the time of contracting. Payment and performance obligations for future fiscal periods shall be subject to the availability of funds.
(2) Contracts may be awarded with provisions of upward or downward price adjustments provided this allowance is part of the original bid solicitation and the adjustments are based on a nationally recognized or published index or other criteria acceptable to the Chief Procurement Officer.
(B) Termination. The City Manager or his or her 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 under the contract. 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 City Manager or his or her designee must provide sufficient prior written notice to the Mayor and each Commissioner so that they can make any necessary inquiries at the next 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 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 Commission agenda.
(C) Extensions. The City Manager or his or her designee is authorized to extend, for operational purposes only, and for a maximum of 180 days, any contract previously approved by the City Commission and entered into by the city. Any further extensions of the contract require the approval of the City Commission.
(D) Renewals.
(1) General. When a contract is entered into by the city pursuant to City Commission approval and provides for one or more renewals by affirmative action of the city, the City Manager may approve such renewals without approval of the City Commission.
(E) Employment contracts. The provisions of this section shall not apply to the employment contract of the City Manager, the City Attorney, the Finance Director and the Commission Auditor.
(F) City Commission notification. The City Manager, or his or her designee, shall notify the Commission, in writing, at least three months in advance of the expiration, renewal, automatic renewal or extension date, and shall provide a copy of the contract or agreement and a vendor performance report card contracts or agreements that initially required the City Commission’s approval as defined in § 35.21.
(G) 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. 1409, passed 6-19-02; Am. Ord. 1684, passed 3-16-11; Am. Ord. 1924, passed 5-15-19)