§ 2-406. Contract document.  

Latest version.
  • (a) No agreement or contract shall be executed which binds the city for the purchase of services or commodities for a period in excess of one (1) fiscal year, unless the following statement is included in the contract: "The performance of the City of Lake Wales and its obligation to pay under this contract is contingent upon annual appropriation by the city commission of Lake Wales."

    (b) In accordance with the requirements of F.S. § 287.058, every procurement of services in excess of the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)) shall be evidenced by a written agreement embodying all provisions and conditions of the procurement of such services, which provisions and conditions shall, where applicable, include, but shall not be limited to:

    (1) A provision that bills for fees or other compensation for services or expenses be submitted in detail sufficient for a proper preaudit and postaudit thereof.

    (2) A provision that bills for any travel expenses be submitted in accordance with F.S. § 112.061, and that reimbursements for said expenses not exceed the limits specified in F.S. § 112.061.

    (3) A provision allowing unilateral cancellation by the agency for refusal by the contractor to allow public access to all documents, papers, letters or other materials subject to the provisions of F.S. ch. 119, and made or received by the contractor in conjunction with contract.

    (4) A provision dividing the contract into units of deliverables, which shall include, but not be limited to, reports, findings and drafts that must be received and accepted in writing by the contract manager prior to payment.

    (5) A provision specifying the criteria and the final date by which such criteria must be met for completion of the contract.

    (6) If the contract is subject to renewal, a provision specifying that the contract may be renewed on a yearly basis for a period of up to two (2) years after the initial contract or for a period no longer than the term of the original contract, whichever is longer, specifying the terms under which the cost may change as determined in the invitation to bid or request for proposals, and specifying that renewals shall be contingent upon satisfactory performance evaluations by the city and subject to the availability of funds.

    (c) The written agreement shall be signed by the city manager and the contractor prior to the rendering of any service the value of which is in excess of the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)) except in the case of a valid emergency as certified by the city manager.

    (d) Every procurement of services which does not exceed the threshold amount for Category Two (thirty-five thousand dollars ($35,000.00)) shall be evidenced by documentation in accordance with the requirements of section 2-417(c).

(Ord. No. 95-01, § 1, 2-21-95; Ord. No. 2000-16, § 1, 9-19-00; Ord. No. 2011-32, § 1, 12-20-11; Ord. No. 2013-17, § 1, 11-5-13)