Exemptions.

Sarasota Code § 2-348

in effect

Sec. 2-348. - Exemptions. (a) The following are exempt from the competitive procurement requirements set forth in this division: (1) Inter-governmental agreements entered pursuant to F.S. § 163.01; (2) Purchases made with the proceeds from any grant, gift, bequest, or donation to the extent the application of this division would conflict with the requirements, conditions, or limitations attached to the grant, gift, bequest, or donation; (3) Payment of dues and memberships in trade or professional organizations, professional licenses, and trade publications; (4) Subscriptions to printed or electronic periodicals and newspapers; (5) Acquisition of real property by easement, lease, license, or purchase; (6) Acquisition of legal advertisements, postage and postage metering services, shipping, and courier services; (7) Legal services, including but not limited to, the acquisition of the services of law firms or other outside counsel for any reason, expert witnesses, appraisal services, consultants, special magistrate services, or similar persons or firms deemed by the city commission or city attorney as necessary to address the city's legal needs. Such services, firms, or persons shall be selected by the commission or, when authorized by commission, the city attorney; (8) Water, sewer, gas, electrical, and other utility services; (9) Funds expended by the city in the form of grants to non-profit entities or neighborhood associations performing economic development, social services, or serving similar public purposes; (10) Fees and costs incurred in authorized professional development activities including registration, lodging, travel, and meal costs to attend trade or professional seminars, trainings and conferences; (11) Purchase of insurance brokerage service and related insurance policies to protect the property and other interests of the city; (12) Any purchase governed by explicit provisions of general law, city code or other commission resolutions unless the solicitation indicates the applicability of this division, and then this division shall apply only to the extent set out in the solicitation; (13) Lobbyist services; (14) Professional medical services; (15) Professional services required for the issuance of city bonds, loans, or other borrowing activities, and city investments related thereto; (16) Artistic services, music entertainment, visual artists, performers, and other entertainment providers associated with city sponsored events or the proprietary operation of city owned entertainment facilities; (17) Certified public accountants (except for auditing services as set forth in F.S. § 218.391); (18) Employment agreements for persons to be regular or short-term employees of the city; (19) Funds to acquire instructional materials or copyrighted materials being purchased from the owner of the copyright or the owner's authorized agent; (20) Owner-direct purchases of construction materials included in the scope of an awarded construction contract in order to realize sales tax savings, in accordance with F.S. § 212.08(6) and Florida Administrative Code Rule 12A-1.094; (21) Real property appraisal services; (22) Abstracts and academic research; (23) Expenses related to existing agreements to maintain or service proprietary equipment or software previously acquired by the city; (24) Consulting services related to financial planning, financial management, or financial policy, executive management studies, and facilitators; (25) Used equipment where procurement staff have determined there is a significant cost difference between such equipment and new equipment of substantially the same specifications and performance characteristics. (26) Acquisition of real property by the city, or acquisition of any interest therein including obtaining an easement, lease or license, as well as services for real property title abstracts or title insurance related to such transactions. (27) Acquisition of the following information technology (IT) purchases: (i) software, hardware, or services that must interface, integrate, or be compatible with existing systems and the IT director or designee certifies in writing that compatibility is essential to maintain continuity of operations and data integrity and is approved by the procurement official, (ii) an imminent threat to public health, safety, security, or critical operations exists or immediate acquisition is necessary to restore services, mitigate risk, or prevent economic loss; and the IT director or designee certifies in writing that time constraints preclude competitive solicitation and is approved by the city manager, (iii) maintenance or service of IT hardware or software, so long as the original IT hardware, software or solution has been previously competitively procured, and (iv) annual recurring expenditures (such as software or maintenance licenses) may be exempted from full solicitation when recurring costs are consistent with the original competitive award. (b) Notwithstanding the foregoing, with the exception of the acquisition of utility services with rates established by the Florida Public Service Commission, a contract for the purchase of commodities or services exempted in this section must still be approved by the commission if the resulting contract is for an amount which requires commission approval as provided for in this division. (c) Notwithstanding the provisions of subsection (a) above, the city reserves the right to conduct a competitive solicitation regarding an exempt commodity or service if the city determines doing so is in the best interest of the city. (Ord. No. 26-5588, § 2, 3-2-26)

Source: City of Sarasota, Florida, Code of Ordinances and Zoning Code (Municode Library, library.municode.com)URL: https://library.municode.com/fl/sarasota/codes/code_of_ordinances?nodeId=PTIITHCO_CH2AD_ARTVIFIPUSA_DIV3PRCO_S2-348EXFetched: 11/14/2026