In addition to the General Authority outlined in Section 8, all procurement contracts/ agreements shall be approved for legal sufficiency by the City Attorney and si.5ned by the Mayor, City Manager, or Designee. All City contracts shall include provisions necessary to define the responsibilities and rights of the parties to the contract. When applicable, purchases shall be based on valid, written contracts. Contracts will be executed in accordance with this code, will be managed by the End User Department to ensure legal compliance and will be renewed, or goods/services re-procured, in a timely manner.
1. Multi-year contracts and appropriation of funds. A Contract for Goods, Services, or Construction may be entered into for more than one (1) fiscal year if it is deemed to be in the best interest of the City, if the term of the Contract and conditions of renewal or extension are included in the Solicitation, and funds are available for the current fiscal year. Obligations for succeeding fiscal years may be subject to the availability and appropriation of funds by the Commission. Renewal of a contract must be in writing and is subject to the same terms and conditions as set forth in the initial contract and any written amendments/change orders signed by the parties.
2. Administration and Compliance. After a contract has been awarded, the end user department will conduct contract administration and compliance activities. This encompasses all interaction between the City and the vendor from the time the contract is awarded until the work has been completed and accepted or the contract has terminated, payment has been made, and disputes have been resolved. The end user department will ensure all contracts are signed and paperwork is completed; renewals are handled properly; agenda items and/or change orders are approved and/or executed by the Commission, City Manager, or Designee. The end user department's project administrator is responsible for the contract administration and compliance functions to ensure compliance with the contract City Codes. City Ordinances, Florida Statutes and Federal Regulations, as applicable, City Procedures and other applicable requirements. The end user department will request purchase orders for goods, services, and construction, including Owner Direct Purchases, that are associated with the agreements, contracts, task orders, and amendments.
3. Right to Audit Records. The City may, at reasonable times and places, audit the books, records, and accounts of any person, to the extent that the books, records, and accounts relate to the performance of services in accordance with a City Contract. Any person that is awarded a contract or granted a contract amendment shall maintain all books, records, and accounts in compliance with generally accepted accounting procedures and shall retain all books, records, and accounts for three (3) years, or longer-term as required by the funding source and designated in the solicitation and contract documents, from the date of final payment, termination, or until a full City audit is complete, whichever comes last. All books, records, and accounts related to the performance of a City contract shall be subject to the applicable provisions. The Florida Public Records Act, Chapter 119, Florida Statutes, as amended.
4. Settlement of a Contract Dispute. The City Attorney is authorized to settle disputes arising out of the performance of a City Contract, provided the settlement amount does not cause the total Contract amount, including the settlement amount, to exceed the authority of the City Manager as established by this policy. Any settlement exceeding the authority of the City Manager must be approved by the Commission.
5. If it is determined that termination is in the best interest of the City, the End User Department shall present a proposed letter of termination for the City Co11mission or City Manager approval, pursuant to original agreement approval.