(A) Cancellation due to unavailability of funds.
(1) When funds are not appropriated or otherwise made available to support continuation of performance in a subsequent fiscal period, the contract or purchase order shall be cancelled and the contractor shall be reimbursed for the reasonable value of any non-recurring costs incurred but not amortized in the price of the commodities or services delivered under the contract or purchase order. The cost of cancellation may be paid from any appropriations available for such purposes.
(2) All contracts and the terms and conditions of purchase orders should include language to effectuate the purposes of this provision; however, in the event language is not included in the contract or purchase order, every person who deals with the city is bound to know the extent of its authority and the limitations of its powers, as set forth in the Charter of the city, this code of ordinances and any regulations or policies pertaining thereto.
(B) Non-appropriation clauses. A provision pertaining to the non-appropriation of contracts and purchases orders shall be conspicuously set forth in every contract or purchase order and any solicitation therefore.
(C) Waiver of non-appropriation clause. The Corporation Counsel may waive the clause pertaining to non-appropriation setting forth the reasons for the waiver, in writing, in accordance with regulations, if any.
(Ord. passed 6-20-2005)