What are the legal requirements related to public contracts?

Public contracts are a common part of local government law in Florida. Any local government body, including counties, cities, school districts, special districts, water management districts, and authorities, must adhere to the specific requirements that are imposed by the Florida Statutes. In general, any contract for the purchase of goods and services that is entered into by a local government body must be in writing and comply with various requirements. First, the local government body must publicly advertise for competitive bids and allow for a certain bidding period. All bids must be opened and read aloud in a public meeting, with the contract going to the lowest responsive and responsible bidder. A local government body also has the right to reject all bids and readvertise for new ones. In certain circumstances, such as when a contract is below a certain dollar amount and/or involves no competitive bidding, the requirements can be waived. In addition, local governments must take certain steps to ensure that the agreement is in the best interest of the local government and its constituents. This includes details such as “good faith” performance and disputes related to the contract. The contract must also include provisions that allow the local government body to terminate the agreement if it is determined to be in the public’s best interest. Finally, every public contract must be formally executed, meaning that it must be signed by the local government body and the contractor, witnessed, and notarized. It is important for local government officials to understand these various requirements in order to ensure that they are following the law when entering into public contracts.

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