PROCUREMENT CODE

Sarasota Code ch. 2, art. VI, div. 3

in effect

Sarasota Code § 2-345 Title and purpose.

Sec. 2-345. - Title and purpose. This division shall be known and may be cited as the City of Sarasota procurement code. The purpose of this division is to provide for the fair and equitable treatment of all persons involved in public procurement activities of the city, to maximize the purchasing value of public funds in procurement, and to provide safeguards for maintaining a procurement system of quality and integrity. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-346 Application.

Sec. 2-346. - Application. (a) This division applies to solicitations and contracts entered into for the purchase of commodities, services, and construction. Unless otherwise expressly provided, any subsequent amendment to the procurement code shall only apply to solicitations and contracts issued or entered by the city after the effective date of such amendment. (b) This division is to be construed in a manner consistent with any applicable provision of the general and special laws of the state and shall not apply to the extent any provision is in conflict therewith, provided, however, the provisions of this division may supersede such general or special law where the general or special law permits such an application or interpretation. (c) The city may, from time to time, receive funding to support a procurement activity from the state or federal government. In that event, then, to the extent required by any related grant agreement or state or federal procurement regulations tied to the use of grant funds, any such applicable state or federal regulations shall take precedence over any provision of this division or any city administrative procurement regulation to the contrary. (d) Except as provided in this division, it shall be unlawful for any employee to order the purchase of, or make a commitment to purchase materials, goods, commodities or services other than through the provisions of this division. (e) Wherever used in this division, the term city manager includes that official's designee. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-347 Definitions.

Sec. 2-347. - Definitions. The following words, terms, and phrases shall have the meanings ascribed to them in this division except where the context clearly indicates a different meaning: Bid means an offer by a bidder to provide materials or to perform specified work under specified conditions for a specified price. Bids may be written or electronic, and may, in the city's sole discretion, require contemporaneous submission of a bid bond. Bids must not contain any exceptions or conditions which would preclude the city from accepting the bid and forming a contract. Conditional bids shall be deemed non-responsive. Bidder means any business that offers commodities or services to the city for a given price and specified terms. The term shall include offerors and respondents to solicitations or request for quotes. Business means any sole proprietor, corporation, partnership, joint venture or other entity that is duly licensed or registered, if required, and is authorized to transact business in the state. Change order means any adjustment to the original quantities or scope of work of a solicited material or service. A contract amendment is not a change order. Cooperative procurement means the combining of requirements of two (2) or more public procurement entities to leverage the benefits of volume purchases, delivery, and supply chain advantages, best practices, and the reduction of administrative time and expenses. Emergency means a state of emergency as declared under the provisions of section 13-2 of the code, or as declared by the Sarasota County Commission, the Governor of the State of Florida, or the President of the United States. Invitation to bid (ITB) means a solicitation for competitive sealed bids, and is typically used when the city is capable of specifically defining the scope of work for which a contractual service is required, or of establishing precise specifications defining the actual commodity or group of commodities required. Invitation to negotiate (ITN) means a competitive negotiation process that is used when the procurement authority deems it is in their best interest to negotiate with proposers to achieve "best value." An ITN is a form of source selection that is similar to the request for proposals process, wherein a short list of acceptable proposers is created and the city may negotiate with responders sequentially or concurrently. Materials/goods/commodities means and includes anything that is a tangible product, including but not limited to vehicles, food, computers, computer software, and building materials. The term does not include services. Piggyback means a form of acquisition wherein a governmental entity has awarded a contract using competitive solicitation methods as good or better than the city's, where the contract entered by the original entity has not expired and where its terms permit other entities to use the contract under the same core terms and conditions as in the original contract. Where the city engages in piggybacking, it may not significantly alter the price and scope of the original contract (except that it may negotiate lower prices), but it may require its own insurance, delivery, invoicing, and similar terms. Where a piggybacked contract allows for one (1) or more extensions or renewals, the city manager is authorized to exercise such provisions even if those provisions are not exercised by the original contracting entity. Professional or consultant means those contractors who, as individuals or duly organized business entities, have been or will be retained by the city for the purpose of providing recommendations or advice related to planning level or policy level decisions, or who will be engaged in the collection of data or research that will provide the basis for such decisions or future plans and actions of the city, as well as those who will be retained to supervise and monitor the performance of contractors or subcontractors of any nature. Purchase order means a document issued by the procurement official that memorializes the city's acceptance of a quote or bid for the provision of materials, goods, commodities, or services. A purchase order sets forth the descriptions, quantities, prices, discounts, payment terms, date(s) of performance or shipment, and any other associated terms and conditions, and will identify the vendor. Purchase orders may be in either paper or electronic form, and may contain standard terms and conditions which may be incorporated by reference in city solicitation documents or as a hyperlinked reference to a page of the city's website. Vendors submitting bids, quotes, or other offers to the city are deemed to have reviewed the city's standard purchase order terms and conditions. Unless the city elects to contract with a business by way of a stand-alone contract, the purchase order's standard terms and conditions shall be deemed to have been accepted by such vendors as evidenced by the submission of a quote or bid. Quote means a flat or unit price provided by a vendor for any service or material being sought by the city where a formal procurement method is not being used. For purposes of this section, it shall also mean a price list, publicly advertised price, web-based price list, or any other means by which the business communicates its prices to potential customers. Quotes may be provided to city staff verbally, in writing or via electronic means. Request for proposals (RFP) means the solicitation of proposals, usually from providers of services, or of a mix of services and related goods or commodities. Price is usually not a primary evaluation factor. An RFP provides for the negotiation of all terms, including price, prior to contract award. May include a provision for the negotiation of best and final offers. May be a single-step or multistep process. Request for qualifications (RFQu) means a solicitation seeking statements of the qualifications of potential responders (development teams, consultants, financial services providers, etc.) to gauge potential competition in the marketplace prior to issuing a RFP or ITN. Responsible vendor means a vendor which is fully capable to meet all of the requirements of the city's solicitation standards and requirements, and the obligations as may be set forth in the city's purchase order terms and conditions or proposed alternative form of contract. A responsible vendor must possess the full capability, including financial, legal, logistical, and technical, to perform as contractually required, and be able to fully document the ability to provide good faith performance. The city's assessment of vendor responsibility will include consideration of all relevant information bearing on a vendor's qualifications, including the historical performance record of the vendor and the vendor's named subcontractors or proposed joint venturers, past performance of similar work or provision of similar materials, goods, commodities, or services to the city, the vendor's experience on similar projects, the vendor's references, potential conflicts of interest based on existing business or contractual relationships, the vendor's history of having been suspended or debarred by any governmental agency, whether the vendor has been sued for breach of contract or criminally charged for fraud, bribery, collusion, or similar public corruption or business-related crimes, within a prior time period relevant to the solicitation. Vendor responsibility shall be determined in the city's sole judgment and is not a subject for protest. Responsive vendor means a vendor which has submitted a response to a city solicitation which fully conforms in all material respects to all of the solicitation's minimum specifications and requirements, including providing responses to each question or request for information, and the provision of any supplemental documents, forms, bonds, proof of insurance, or other records or materials required by the solicitation to be included in the response. Sealed competitive bid means a bid, containing the bidder's offered price and terms, submitted to the city in response to an invitation to bid process, whereby all responses remain sealed until a specific date and time, after which no more bids may be received, and the bids received are then opened for tabulation and evaluation for bidder responsibility and bid responsiveness. A bid which purports to alter minimum qualifications or specifications set forth in a solicitation shall be deemed to be non-responsive. Service means intangible labor products including but not limited to accounting, cleaning, consultancy, training, instruction, entertainment, engineering, and maintenance. Solicitation means the act of obtaining firm prices for goods or services, and/or proposals or qualifications from vendors to address the operational needs of the city. A solicitation may include informal requests for price quotes, or the formal issuance of an ITB, RFP, ITN, RFQ, or any other form of competitive solicitation the city may use when seeking to acquire materials, goods, commodities, or services. Specifications means any description of a good's physical or functional characteristics, or the nature of materials or services being solicited. The term may include a description of equipment performance or characteristics, the quality, origin, or functionality of goods, the means and methods of the provision of services, engineered drawings or construction plans, warranty requirements, as well as any requirements for inspecting, testing, or preparing a good or service for delivery. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-348 Exemptions.

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)

Sarasota Code § 2-349 Procurement categories; manager approval limits.

Sec. 2-349. - Procurement categories; manager approval limits. (a) Individual purchases of goods or services (other than those which are exempt, or which are being made under an existing term agreement between the city and vendor) shall be made in accordance with the following threshold amounts and processes: (1) Category one (direct purchase): One cent ($0.01) to nineteen thousand nine hundred ninety-nine dollars and ninety-nine cents ($19,999.99). a. The city manager is authorized to procure with budgeted funds, materials, goods, commodities or services with a delivered value less than twenty thousand dollars ($20,000.00) without competition. Notwithstanding this authorization, departments shall act with fiscal responsibility and in the best interest of the city when making purchases within this category. b. If a purchase under this subsection is not accomplished through the use of a city purchasing card, standard city contract, or standard terms set forth in a city-approved purchase order, the procurement official must examine the vendor's contract terms (including contract terms set forth by way of online links incorporated by reference) to ensure such terms are acceptable to the city. c. While the acquisition of small dollar commodities or services do not usually carry significant risk of loss, to the extent the nature of the materials, goods, commodities, or services being acquired under this subsection or subsection (2) below generate a significant risk of loss, the city manager must first consult with the appropriate city insurance and risk management advisors to ascertain whether there is a need to require the vendor to provide enhanced insurance coverage. d. Single purchases or contracts shall not be broken down to lesser amounts to avoid the requirements of competitive solicitation set forth in subsections (a)(2) and (3) below. (2) Category two (quotes): Twenty thousand dollars ($20,000.00) to ninety-nine thousand nine hundred ninety-nine dollars and ninety-nine cents ($99,999.99). a. The city manager is authorized to procure, with budgeted funds, materials, goods, commodities or services with a delivered value less than one hundred thousand dollars ($100,000.00) through informal solicitation. Notwithstanding this authorization, the procurement official shall act with fiscal responsibility and in the best interest of the city when making purchases within this category. b. Three (3) quotes must be solicited from vendors prior to a request for purchase order or contract. Such quotes may be solicited by the procurement official or department staff. However, if quotes are obtained by department staff, the procurement official will retain the right to independently review and verify the quotes. c. Unless acquired through use of a city purchasing card, purchases shall not be completed prior to a purchase order being issued by the procurement official or a separate contract is approved by the parties. d. The city manager may authorize the reduction of the minimum number of quotes required if it is shown that the party requesting the purchase made a concerted effort to obtain quotes, but due to lack of market response was not able to obtain the minimum required quotes. e. Nothing herein shall preclude the city commission, city manager, or procurement official from requiring the use of a formal competitive solicitation process for purchases within this category if the city commission, manager, or procurement official determines doing so would be in the city's best interests. (3) Category three (formal procurement): One hundred thousand dollars ($100,000.00) and greater. a. A formal solicitation shall be approved by the procurement official and issued for the acquisition of materials, goods, commodities or services within this category. Where the selection will be made based on the lowest price submitted by a responsive, responsible vendor, an ITB seeking sealed bids shall be used. Where the selection will be made based on vendor qualifications or experience as well as price, an RFP, ITN, RFQ or similar alternative solicitation method may be used. b. To the greatest extent possible, the solicitation should include the detailed specifications, performance characteristics, warranty and service requirements, vendor minimum qualifications, and instructions to vendors as to how to respond. The solicitation document shall be approved by the procurement official prior to being issued, and shall state the dates of all relevant solicitation events including pre-submission conferences, deadlines for submission of vendor questions, method of posting responses to vendor questions, process for evaluation of bids, proposals, or other submissions, and the expected award date. c. Where the solicitation involves construction, services, or a service component (such as installation or training), the procurement official shall ensure the solicitation includes a detailed scope of work or scope of services outlining the needs of the city. d. Where the solicitation involves commodities, the procurement official shall review the specifications (with, as needed, the assistance of an engineer of record or department personnel with relevant knowledge) to ensure that product specifications, and warranty, service, training, maintenance, and installation terms are sufficiently detailed so as to provide vendors with the ability to respond to the solicitation on a level playing field. e. Where the solicitation involves vehicles or mechanical equipment, performance attributes (towing capacity, pump pressure, stress tolerances) shall be set forth wherever possible. To ensure full and fair competition, specifying specific manufacturers or model names, numbers, or suppliers, should be avoided unless there is a compelling justification. f. Procurements under this subsection shall be accomplished by use of a city approved purchase order form or an alternative form of agreement approved by the city attorney. (b) The city manager is authorized to approve contracts not exceeding five hundred thousand dollars ($500,000.00) to be paid from available funds budgeted by the city commission without further action of the commission. Only the commission has the authority to approve all non-emergency agreements exceeding five hundred thousand dollars ($500,000.00), or where the term exceeds ten (10) years and is not terminable by the city without cause. (c) When establishing the value of a contract under this division, the value shall be either the total expenditure to which the city is obligating itself (if known), or, if the contract price is stated in unit prices, hours of work provided, or similar measures, then the contract value shall be the city manager's best good faith estimate of how much the city will actually spend under the contract during the entire initial term of the contract. (d) Where the commodities or services to be acquired are regularly required by the city, the procurement official shall strive to solicit for and negotiate term contracts to avoid the need to re-solicit such commodities or services annually. (e) Unless required by law or determination by the city manager that doing so would be in the city's best interest, the city shall not enter exclusive contracts. (f) The categories and approval levels established in this section may be periodically reviewed by the commission and revised to address the effects of inflation or the operational needs of the city. (g) The city manager is authorized to approve change orders to construction-related contracts without further action of city commission so long as any such change order does not exceed the project budget (including any contingency) approved by the city commission when originally approving the construction project and contract. Change orders which would exceed the commission's established budget must be approved by the commission. (h) The city manager is authorized to approve amendments, renewals, or extension periods which are authorized by the terms of an approved contract (including piggybacked contracts), except that if exercising a renewal or extension would, or is reasonably expected to, result in the expenditure of two hundred thousand dollars ($200,000.00) or more, such renewal or extension shall be approved by the city commission. (i) Unless a law or grant agreement term requires execution by the mayor, the city manager is authorized to execute all contracts, amendments, renewals, or extensions, including those requiring approval of the commission. Pursuant to F.S. § 668.50, execution may be by means of electronic signature. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-350 Emergency procurement.

Sec. 2-350. - Emergency procurement. Emergency purchases may be made from any unencumbered funding source as follows: (1) In the event of a federal, state, or local declaration of emergency, normal procurement procedures and requirements shall be suspended, and the following procedures shall apply: a. The city manager shall be authorized to make any purchases they find necessary to the continued operations of the city. b. Waiver of purchasing procedures shall only pertain to purchases related to the emergency and associated restoration operations. At the time the declaration of emergency is lifted, normal purchasing procedures will resume. (2) In the event of a situation the city manager determines is likely to have a detrimental impact on operations of the city or the public health, welfare or safety if not rectified immediately: a. The city manager shall be authorized to make purchases they find necessary to alleviate the safety or operational issue. b. Such purchases are limited to those directly associated with the specific issue or risk. (3) All emergency purchases shall be made with as much competition as is practicable under the circumstances. (4) If the cost of any purchases made pursuant to this section would have normally fallen within category three, a report of such purchases shall be made to the commission at the earliest available commission meeting after the emergency subsides. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-351 Procurement official.

Sec. 2-351. - Procurement official. The city manager may designate a city employee to perform the functions of procurement official with respect to any city procurement activities or matters. The procurement official shall oversee the city's procurement office and shall be responsible for the training, performance, and supervision of any subordinate procurement staff. The procurement official (or that official's designated procurement agent) shall be the primary point of contact for all current or prospective city vendors during any solicitation up until a purchase order or contract is awarded or the solicitation is cancelled. The procurement official shall, with assistance from the city attorney as needed, be responsible for ensuring the city's solicitation and contract forms and administrative procedures are in compliance with all applicable state and federal laws, city codes, and public procurement best practices. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-352 Minimum solicitation requirements; local preferences.

Sec. 2-352. - Minimum solicitation requirements; local preferences. (a) Solicitations shall include product specifications, service performance requirements, and other information sufficient to allow vendors to successfully respond to such solicitations. Solicitations shall also inform vendors of the non-negotiable contractual terms and conditions the city will require the successful vendor to accept upon award. Such terms and conditions may be set forth in the solicitation or incorporated by reference. (b) Pursuant to F.S. § 787.06(13), every vendor under any city services contract shall provide the procurement official with a no-coercion affidavit in the form set forth in the statute. (c) Pursuant to F.S. § 287.05701(3), all prospective responders to city solicitations are notified that the city will not request documentation of or consider a vendor's social, political, or ideological interests when determining if the vendor is a responsible vendor, nor will it give preference to a vendor based on the vendor's social, political, or ideological interests. (d) Each invitation to bid for commodities shall inform prospective bidders that when two (2) or more bids are otherwise equal with respect to the price(s) submitted and commodities provided (a tie bid), preference will be given to the bidder which certifies under oath in its bid that the commodities to be provided were or will be manufactured or grown within the county limits. (e) Notwithstanding any provision in a solicitation to the contrary, responding vendors shall, upon award, be required to comply with all provisions of this division. Solicitations shall incorporate, directly or by reference to, the standards and conditions upon which the responses will be evaluated and selected, and, in solicitations for other than sealed bids, shall include the manner in which negotiations toward a final contract shall be conducted. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-353 Cancellation of solicitations.

Sec. 2-353. - Cancellation of solicitations. An ITB, a RFP, or other solicitation may be canceled, or any or all bids, proposals or offers may be rejected in whole or in part, when it is for good cause and in the best interests of the city. The reasons therefor shall be made part of the city's files. Each solicitation issued by the city should state that the solicitation may be canceled and that any bid, proposal, or offer may be rejected in whole or in part when the city determines, in its sole discretion, doing so is in the city's best interests. Notice of cancellation/rejection shall be published or posted in the same manner as notice of the solicitation. The notice shall identify the solicitation, explain the reason for cancellation or rejection and, where appropriate, explain that an opportunity will be given to compete on any re-solicitation or any future procurements of similar items. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-354 Source selection.

Sec. 2-354. - Source selection. The methods and policies governing the selection of sources shall be those established in this division, or by administrative procedures and standards approved by the city manager, and may include, but shall not be limited to, competitive sealed bids, proposals, requests for qualifications, invitations to negotiate, noncompetitive purchases, purchases with limited competition, emergency purchases, single source, sole source purchases, piggyback and cooperative purchases, and any adopted exceptions to the competitive selection procedure. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-355 Construction contracts.

Sec. 2-355. - Construction contracts. (a) If a contract for construction of buildings or infrastructure is estimated, in accordance with generally accepted cost accounting principles, to cost more than the threshold amounts set forth in F.S. § 255.20, such contract shall be competitively awarded to a licensed contractor fully authorized to conduct business in the state by use of the competitive solicitation rules set forth in that statute. (b) The selection procedures shall be consistent with this division and any administrative procurement procedures adopted by the manager. In addition to such other solicitation publication methods used by the city, construction projects projected to cost more than two hundred thousand dollars ($200,000.00) must be advertised in the manner set forth in F.S. § 255.0525(2)—(5). (c) Solicitations for construction projects shall set forth the permit fee disclosures required by F.S. § 218.80(3). (d) Projects shall not be divided so as to evade the threshold amounts listed in F.S. § 255.20. Unless otherwise defined by law, as used in that subsection, the term "project" shall not include those portions of multiyear capital improvement projects not funded beyond the current fiscal year. The term shall also not include any series of construction activities on a new or existing city facility which, if aggregated, would exceed the threshold amounts, but which were not undertaken contemporaneously with each other, were not part of an overall coordinated construction or renovation effort, and which were not performed under the same construction permit. (e) The city may, for projects which would benefit from pre-construction consulting services, utilize a construction manager or construction manager at risk model as authorized by F.S. § 255.103. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-356 Certain professional services.

Sec. 2-356. - Certain professional services. (a) Unless prevented from doing so based on a valid public emergency, when the city procures architecture, professional engineering, landscape architecture, or registered surveying and mapping services, it shall, when such services must be procured for a project the basic construction cost of which is estimated by the city to exceed the category three (3) threshold amount, or for a planning or study activity when the fee for professional services exceeds the threshold amount provided in category two (2), as those categories are set forth in F.S. § 287.017, engage in the competitive solicitation process set forth in F.S. § 287.055. (b) Nothing in subsection (a) above shall be construed to prohibit a continuing contract, as defined by F.S. § 287.055(2)(g), between an architecture, professional engineering, landscape architecture, or registered surveying and mapping services firm and the city. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-357 Design-build procedures.

Sec. 2-357. - Design-build procedures. (a) Public announcement. The city shall publicly advertise in a uniform and consistent manner on each occasion when design-build services are required except in cases of public emergencies. The advertisement shall include a general description of the project and shall indicate how, and the time within which, interested design-build firms may apply for consideration. (b) Legal qualification. Any firm or individual desiring to provide design-build services to the city must first be determined legally qualified. To be legally qualified: (1) Firms must be properly certified to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; (2) Firms must be properly certified to practice or to offer to practice engineering, architecture, or landscape architecture; and (3) The firm shall be duly qualified to perform its proposed service under any other applicable law. (c) Evaluation committee. An evaluation committee appointed by the city manager shall be used to evaluate and rank the design-build firms and their responses for recommendation to the manager or commission depending on procurement category. (d) Solicitation. The procurement official shall develop a RFP to solicit proposals from interested, qualified design-build firms. Except as otherwise provided in F.S. § 287.055(9)(c), with the use of a qualifications-based selection process, the RFP shall contain as a minimum the following: (1) The design criteria package defined in F.S. § 287.055(2)(j). (2) The criteria, procedures, and standards for the evaluation of design-build contract proposals, based on price, technical, and design aspects of the public construction project, weighted for the subject. (3) Requirements for determining qualifications of firms proposing, such as license, list of subcontractors, architect and engineer, and references. (4) Terms and conditions of proposed agreement. (5) Other items as required by procedures, laws, ordinances, or prevailing circumstances. (e) Selection. (1) All information required by the RFP shall be submitted in a sealed manner (which may include sealed envelope if the submission is required to be in that form or via an online proposal submission system if the city requires submission in that manner). Except as otherwise provided in F.S. § 287.055(9)(c), with the use of a qualifications-based selection process, all proposed designs and price proposals shall be submitted separately via the same sealed submission process, with the design and price proposals opened and considered by the selection committee for shortlisted firms only. (2) The selection committee shall review all proposals, except the separately-submitted proposed designs and price proposals, and shall create a shortlist of no less than three (3) design-build firms as the most qualified, based on the qualifications, availability, and past work of the firms, including the partners or members thereof. In evaluating the proposals and preparing the shortlist, the committee shall consult with the design criteria professional concerning the evaluation of the responses submitted by the design-build firms. Once the committee has shortlisted, except as otherwise provided in F.S. § 287.055(9)(c), with the use of a qualifications-based selection process, the committee shall open the separate envelopes containing the proposed design solutions and the price submitted by the shortlisted firms. The committee shall then rank the shortlisted firms based upon the evaluation criteria and procedures set forth within the request for proposal. The committee may, if necessary, require verbal presentations from all firms in order that the qualifications and/or proposals may be clarified. (3) After the committee has ranked the shortlisted firms based upon the award criteria set forth within the request for proposal, the ranking shall be presented to the city commission which may approve, disapprove, or request modifications to the recommended rankings be brought back at a subsequent meeting. Following the ranking by the city commission, the city's procurement official, assisted as needed by relevant city staff and professional consultants, shall attempt to negotiate a contract within the parameters of the design criteria package or the results of the qualifications-based selection process and in accordance with city commission's ranking. (f) Contract. (1) Under the oversight of the city manager, the procurement official, assisted as needed by relevant city staff and professional consultants, shall negotiate a design-build contract at a price which the manager determines is fair, competitive, and reasonable. If the city is unable to negotiate a satisfactory contract with the first ranked firm, then it shall formally terminate negotiations with such firm and then undertake negotiations with the second ranked firm and shall continue this process until a satisfactory contract is negotiated. (2) The contract negotiated by the staff shall be submitted to the commission for consideration and approval. (g) Public emergencies. If a public emergency is declared and a design-build procurement must proceed during such emergency, a negotiating committee may be formed by the city manager and authorized to negotiate with the best qualified design-build firm available at that time for the design and construction of a capital project. To the extent practical, the city shall solicit letters of interest in order to determine the best qualified design-build firm available at the time. The contract negotiated by such committee shall be subject to ratification by the commission. (h) Conflict between procedure and law. In the event F.S. § 287.055 is subsequently amended such that its requirements conflict with the provisions of this procedure, the provisions of the statute shall prevail, and the city manager or city attorney shall make such recommendations for revision to these procedures as to conform them to the law. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-358 Sole source and single source procurements.

Sec. 2-358. - Sole source and single source procurements. (a) Sole source procurements. When the city believes that desired materials, goods, commodities, or contractual services are available only from a sole source, the procurement official shall electronically post a description of the commodities or contractual services sought for a period of at least five (5) business days. The description must include a request that prospective vendors provide information regarding their ability to supply the commodities or contractual services described. Posting shall not be required for desired commodities or contractual services for category I purchases. If it is determined in writing by the procurement official after reviewing all relevant information, including information received from prospective vendors as a result of a required posting, that the commodities or contractual services are in fact available only from a sole source, the city may enter into a sole source agreement. In any case where the city seeks to purchase materials for the construction, modification, alteration, or repair of any city-owned facility from a sole source, the commission must first make the written findings required by F.S. § 255.04 (b) Single source procurements. When the procurement official determines that it is advantageous for the city to use a particular supplier of materials, goods, commodities, or contractual services due to a uniquely advantageous warranty, or the existence of a supplier's advantageous proprietary relationship, or to facilitate continued standardization, compatibility, or functionality, the procurement official is authorized to approve a single source purchase without competition. Approval must also be obtained from the city manager for single source purchases exceeding category II. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-359 Cooperative procurement, piggybacking.

Sec. 2-359. - Cooperative procurement, piggybacking. (a) Cooperative procurement. Unless otherwise prohibited by law or grant agreement terms, the procurement official is authorized to negotiate with other public procurement officials for the conduct of a joint procurement on behalf of each participating public agency where, in the judgment of the city manager, doing so would leverage the benefits of volume purchases, create clear delivery or supply chain advantages, and/or create a demonstrable and substantial reduction of administrative time and expense. (b) Piggybacking. (1) In any agreement for the acquisition of goods or services between the city and a vendor which has resulted from a competitive solicitation process, such agreement may be utilized by other public agencies to acquire the same goods or services, on condition that the contracting vendor consents to enter into a piggyback agreement with such other public agencies. In such instances, the city shall not be a party to such agreements. (2) The procurement official is authorized to acquire goods or services by use of an existing agreement between a vendor and another public agency where such agreement has resulted from a competitive solicitation process. Purchases made in this manner should not substantially differ in specification, scope, quality, or price from the terms of the initial agreement. The piggybacking agreement must be consistent with the parameters, requirements, and restrictions of the initial agreement. In the event the initial agreement provides for options to extend or renew, the city may exercise such rights irrespective of whether the original public agency exercises such rights. (3) To the extent required by law, any other public agency is authorized to piggyback on any current executory contract between the city and a vendor where that contract has resulted from a competitive solicitation by the city. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-360 Public records compliance.

Sec. 2-360. - Public records compliance. (a) Pursuant to F.S. § 119.0701, in any agreement entered into by the city wherein the contractor is acting on behalf of the city, the contractor must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the city in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the city would provide the records and at a cost that does not exceed the cost provided in F.S. ch. 119 or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the city all public records in possession of contractor upon termination of the agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the city in a format that is compatible with the city's information technology systems. (b) The agreement must contain the requirements set forth in subsection (a) above, and include a statement, in substantially the following form, identifying the contact information of the city's custodian of public records in at least 14-point boldfaced type: IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (insert: TELEPHONE NUMBER, E-MAIL ADDRESS, AND MAILING ADDRESS FOR THE CITY'S CUSTODIAN OF RECORDS). (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-361 Trade secrets.

Sec. 2-361. - Trade secrets. (a) Florida law provides that trade secret information, as defined in F.S. § 812.081(1)(c), is confidential and exempt from public records disclosure. (b) Upon receipt of a response to a procurement solicitation, the city will not be aware that a bid, proposal, or other response contains such information. Therefore, bidders, proposers or other persons or entities responding to city solicitations must specifically and clearly identify all portions of their responses which are believed to be a trade secret, as defined by the law, and must, as to each such designation, provide the basis upon which the designated information is a trade secret. The mere designation of an entire submission as "confidential" will be insufficient to comply with this requirement. Absent some unusual justification, a bidder's or proposer's contract price shall not constitute a trade secret. (c) While the city will, to the extent possible, cooperate in any court action a bidder, proposer, or responder may bring against any third-party requesting to inspect and copy portions of a response asserted to be a trade secret, if a bidder, proposer or responder fails, prior to the submission of their materials to the city, to specifically and clearly designate information therein as a trade secret and to provide the supporting explanation for the designation, the right to assert the exemption may be lost, and the information may be subject to inspection and copying as otherwise provided for under Florida's Public Records Act. (d) In the event any record designated as a trade secret is requested under the act, the procurement official will consult with the city attorney and, if the city attorney agrees with the designation, the city will assert the exemption and redact the relevant materials. If the city attorney disagrees with the designation, the bidder, proposer or responder may file an injunctive or declaratory judgment action and seek such emergency orders as desired to protect the information. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-362 Unauthorized purchases, ethical conduct, sanctions.

Sec. 2-362. - Unauthorized purchases, ethical conduct, sanctions. (a) Prohibition. Except as provided in this division, it shall be a violation of this division for any city officer, employee, or other person, to knowingly and willingly order the purchase of any goods, or make any contract for goods or services, sell, trade, or dispose of material within the purview of this division in the name of or on behalf of the city, except as provided by policies of the commission and any administrative procurement procedures promulgated by the city manager, and the city shall not be bound by any purchase order or contract made contrary to this division. (b) Employee conflict of interest. It shall be unethical for any city employee to participate directly or indirectly in a procurement contract when the city employee knows that: (1) The city employee or any member of the city employee's immediate family has a financial interest pertaining to the procurement process or contract; or (2) Any other person, business, or organization with whom the city employee or any member of a city employee's immediate family is negotiating or has an arrangement concerning prospective employment is involved in the procurement process or contract. (3) A city employee or any member of a city employee's immediate family who holds a financial interest in a disclosed blinded trust shall not be deemed to have a conflict of interest with regard to matters pertaining to that financial interest. (c) Gratuities and kickbacks. (1) Gratuities. It shall be unethical for any person to offer, give, or agree to give any city employee or former city employee, or for any city employee or former city employee to solicit, demand, accept, or agree to accept from another person, a gratuity or an offer of employment in connection with any decision, approval, disapproval, recommendation, or preparation of any part of a program requirement or a purchase request, influencing the content of any specification or procurement standard, rendering of advice, investigation, auditing, or in any other advisory capacity in any proceeding or application, request for ruling, determination, claim or controversy, or other particular matter, pertaining to any program requirement or a contract or subcontract, or to any solicitation or proposal therefor. (2) Kickbacks. It shall be unethical for any payment, gratuity, or offer of employment to be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier subcontractor or any person associated therewith, as an inducement for the award of a subcontract or order. (d) Ethical conduct and sanctions. In addition to any sanctions provided for in the city's personnel policies, or sections of this division, any city employee who violates any provision of this section, or any statute concerning ethical conduct in procurement may, when found by the city manager to have committed such violation, be required to forfeit all or any part of any accrued leave balances he or she may otherwise have as of the date the violation is confirmed. In determining whether such forfeiture shall be required, the city manager shall consider the nature and severity of the offense, the relative financial or legal harm to the city, the employee's prior disciplinary record, and whether the employee was in a managerial or special trust position. (e) Prohibition against contingency fees. It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a city contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business. (f) Contemporaneous employment prohibited. It shall be unethical for any city employee who is participating directly or indirectly in the procurement process to become or to be, while such a city employee, the employee of any person contracting with the city. (g) Waivers from contemporaneous employment prohibition and other conflicts of interest. The city commission may grant a waiver from the employee conflict of interest provision, as provided for in subsection (b) of this section (employee conflict of interest), or the contemporaneous employment provision, as provided for in subsection (f) of this section (contemporaneous employment prohibited), upon making a written determination that: (1) The contemporaneous employment or financial interest of the city employee has been publicly disclosed; (2) The city employee will be able to perform its procurement functions without actual or apparent bias or favoritism; and (3) The award will be in the best interests of the city. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-363 Consultant conflicts of interest.

Sec. 2-363. - Consultant conflicts of interest. (a) Prohibiting contracts where conflicts are found to exist. The city shall not engage in contracts with consultants or professionals whose prior record, work history, and experience indicate ongoing business relationships that may be substantially in conflict with the duties and services that will be required by the city. (b) Standards and regulations for the determination of potential conflicting contractual obligations. The city manager or designee is authorized to develop standards and regulations for the prospective determination of potential conflicting contractual obligations that may impair the performance of the professionals or consultants solicited by the city. The standards and regulations shall set forth appropriate requirements based upon the nature and scope of the services that are to be procured and shall be narrowly tailored so as to not unduly restrict competition, while assuring the city of undivided loyalty and services of the highest quality. The standards and regulations may require, but shall not be limited to, the inclusion of the following in a request for proposals, invitation for bids, announcement or other solicitation, or contract for professional or consulting services: (1) An affidavit providing that the professional or consultant is not currently engaged or will not become engaged in any obligations, undertakings or contracts that will require the professional to maintain an adversarial role against the city or that will impair or influence the advice or recommendations provided to the city; (2) The disclosure of all potentially conflicting contractual relationships and the full disclosure of contractual relationships deemed to raise a serious question of conflicts. (c) Consequences for violation of ethical standards. In addition to any other penalty or consequence provided for in law or this division, any professional or consultant submitting false information to or on behalf of the city, disclosing or releasing information concerning an actual or planned procurement activity which information is deemed confidential, or is otherwise not known to the general public, or otherwise repeatedly failing to comply with the city's ethical standards and regulations, shall be deemed to be in violation of this division and shall be subject to prosecution, state ethics complaints, reporting to professional or licensing authorities, contract cancellation, suspension and/or debarment, as the city deems appropriate. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-364 Lobbying limitations.

Sec. 2-364. - Lobbying limitations. (a) After the issuance of any solicitation, or during renegotiation of an existing contract, no prospective offerors/proposers or their agents, representatives, or persons acting at the request of such offerors/proposers shall contact, communicate with, or discuss, either in person, by phone, email, or text message, any matter relating to the solicitation or the renegotiation with any city officers, agents or employees (including the city commission and city manager) other than the procurement official or procurement agent designated in the solicitation, unless otherwise provided for in the solicitation or otherwise directed by the procurement official. This prohibition includes copying such persons on written communications with the procurement agent, but does not apply to presentations made to evaluation committees or at a commission meeting where the commission is considering approval of a proposed contract. The prohibition ends upon issuance of a purchase order or execution of the final contract, or when the solicitation has been canceled or the renegotiation efforts are terminated. Renegotiation will be deemed to have commenced upon vote of the commission directing renegotiation or on issuance of a written notice from the procurement official to the existing contractor instituting a renegotiation process. Failure of vendors seeking to conduct, or potentially interested in conducting business with the city to strictly adhere to this section shall result in the offender's bid, proposal or response being disqualified from further consideration, and may also result in the suspension or debarment of the offending vendor. (b) A section entitled Lobbying Restrictions shall be included in any ITB, RFP, or other published solicitation of the city, which section shall contain the provisions of subsection (a) above. (c) The provisions of subsection (a) above shall be accessible by a hyperlink titled Lobbying Restrictions, and shall appear on the procurement home page of the city's website. (d) Any city official, including the city manager or commission member, must immediately report to the procurement official any contact by a vendor or vendor agent in violation of this section. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-365 Prohibition against award to certain persons or entities.

Sec. 2-365. - Prohibition against award to certain persons or entities. No person or business entity shall be awarded a contract by the city for the provision of commodities or services if that person or entity: (1) Has been convicted of bribery or attempting to bribe a public officer or employee of the city, or any other public entity, including but not limited to the Government of the United States, any state, or any local government authority in the United States; or (2) Has been convicted of a conspiracy or collusion among prospective offerors in restraint of freedom of competition, by agreement to offer a fixed price, or otherwise; or (3) Has been convicted of a violation of an environmental law that, in the reasonable opinion of the city manager, establishes reasonable grounds to believe the person or business entity will not conduct business in an environmentally responsible manner; or (4) Has made an admission of guilt of such conduct described in subsections (a), (b), or (c) above, which is a matter of record, but has not been prosecuted for such conduct, or has made an admission of guilt of such conduct, which is a matter of record, pursuant to formal prosecution, but which results in adjudication being withheld. (5) Is on either the Scrutinized Companies with Activities in Sudan List, or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or on the list of Scrutinized Companies that Boycott Israel. (6) Fails to register with and use the E-Verify system to verify the work authorization status of all newly hired employees in compliance with F.S. § 448.095(5). (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-366 Protests.

Sec. 2-366. - Protests. (a) Purpose and intent. The purpose of this section is to provide an expedient administrative remedy for those participating in the city's procurement process. The proceedings under this section are not intended to be, and shall not be interpreted as judicial or quasi-judicial, unless otherwise clearly specified. It is not the intent of the city to provide any rights to protesters not otherwise required by law. Rather, the city's intent in creating a process for administrative review of solicitation award protests is to allow for legal or procedural errors in the solicitation process to be raised for the benefit of the taxpayers. Successful participation in any protest review does not ensure an award of a contract, and the city expressly reserves all rights it has under law. (b) Opportunity to protest. Any actual bidder, proposer, or solicitation responder (protestor) who is aggrieved in connection with a notice of intent to award a contract, where such grievance is asserted to be the result of a violation of the requirements of this procurement code or any applicable provision of law by the officers, agents, or employees of the city, or by the successful bidder, proposer or responding business, may file a protest with the procurement official. The protest process may only be used as a result of a formal solicitation. The process may not be used where the method of procurement is informal quote solicitations, or where a non-competitive procurement method such as piggybacking is used. (c) Protest procedure and requirements. (1) The protest shall be made in writing and filed with the city clerk by 4:00 p.m. eastern standard time on the fifth business day following the date of the electronic posting of the notice of intent to award or, if no notice of intent is issued, then following the date the protestor has constructive notice of the award. A protest is considered filed when the city clerk received a copy of the protest by mail or courier service. A protest may not be sent via text or email. Failure to file a written protest within the time specified shall constitute a waiver of the opportunity to protest. (2) The written protest must be signed by an authorized officer of the protestor (sales agents or legal counsel are not authorized to sign protests) and shall identify the protesting party and the solicitation involved. Protests must include a specific detailed factual statement of the grounds on which the protest is based and shall cite the applicable statutes, laws, ordinances or other legal authorities which the protestor deems applicable to the grounds for the protest. Every basis for protest must be set forth in the protest. If a basis for protest is not included in the written protest, the protestor may not subsequently add the omitted basis to the protest. A protest which does not contain all of the content set forth above shall be deemed non-compliant and will not be processed. (3) The protest shall not include challenges to the procedural solicitation requirements, chosen procurement method, the minimum qualifications, the scope of services sought, the evaluation criteria, the relative weight of the evaluation criteria, the formula specified for assigning points to the evaluation criteria. The protest may not be used as a vehicle to argue the protester's opinion regarding its qualifications or the qualifications of other responding vendors. (4) The procurement process shall not be stayed during the protest process unless the procurement official, in his or her discretion, deems it to be in the best interests of the city to stay the process. (d) Authority to resolve protests. The procurement official shall have the authority to settle and resolve a protest concerning the intended award of a contract. The procurement official will promptly investigate a timely, complete, and compliant protest, and issue a written decision within thirty (30) calendar days of the date the protest is received, unless the complexity of the issues raised, or lack of resources require a longer period. (e) Review of the procurement official's protest decision. (1) Following the procurement official's written decision on the protest, the protestor may file a request for a review of the procurement official's decision by the city manager. The request for review shall be made in writing and filed with the city clerk by 4:00 p.m. eastern standard time on the fifth business day following the procurement official's transmission of the decision to the protestor. (2) The request for review shall be solely limited to the protestor's argument that the procurement official's decision was not in accord with this division, city code, or applicable state or federal laws. Disagreements over disputed facts or judgment calls made by the procurement official are not proper subjects for a review request. (3) The city manager will strive to issue a written decision within thirty (30) calendar days of the date the request for review is received. (f) Final decision. The decision of the city manager shall be final and conclusive as to the protest. (g) Protest bond or security. The city commission may, by separate resolution, establish a requirement for a protest bond. If a protest bond is required, the written protest must be accompanied by a security in the form of a protest bond (in a form and with such terms as approved by the city attorney) or cash in the amount set by the commission. If the city manager determines that the protest does not require reversal of the city's initial decision, the city shall be entitled to recover the amount of the protest bond or security. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-367 Authority to suspend or debar.

Sec. 2-367. - Authority to suspend or debar. (a) After consulting with the city attorney and relevant city department head as needed, and after providing reasonable notice and reasonable opportunity for a person or entity being considered for suspension or debarment to be heard by the procurement official, the procurement official is authorized to suspend or debar a person or entity from consideration for award of contracts for cause. Cause shall include the following: (1) Conviction for commission of a criminal offense relating to the obtaining or attempt to obtain a public or private contract or subcontract, or in the performance of such contract or subcontract, or a civil or criminal final judgment of violation of state or federal whistleblower laws; (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty which currently, seriously, and directly affects responsibility as a city contractor; (3) Conviction under state or federal antitrust statutes arising out of the submission of bids or proposals; (4) Violation of the city's anti-lobbying rules set forth in section 2-364 of this division; (5) Violation of contract provisions, as set forth below, of a character which is regarded by the procurement official to be so serious as to justify debarment action; (6) Deliberate failure without good cause to perform in accordance with specifications and/or budget or within the time limit provided in the contract; (7) A recent record of failure to perform or of unsatisfactory performance in accordance with the terms of one or more contracts; provided that failure to perform or unsatisfactory performance caused by acts beyond the control of the contractor shall not be considered to be a basis for debarment; (8) A documented history of significant deviation from contract specifications, engineering standards, design or material requirements or safety regulations, where such history has first been presented to the contractor by the city, and who thereafter continues to engage in such deviations; (9) Any other cause the procurement official determines to be so serious and compelling as to affect responsibility as a city contractor, including debarment by another governmental entity for any cause listed in this section or provided for in general law; or (10) For violation of all applicable ethics standards, including the ethical standards set forth in this division, F.S. ch. 112, or in relevant grant funding requirements. (b) Suspensions shall not exceed twelve (12) months per violation. Debarments shall not exceed five (5) years per violation, except that a vendor debarred for a third time shall be debarred for eight (8) years from the date of debarment. (c) Suspension or debarment may apply to all contracting opportunities, or may be limited to certain types or categories of contracts, and likewise may be directed only to one (1) or more distinct operating divisions or units of the suspended or debarred person or entity, depending on the nature and severity of the underlying facts supporting the action. (d) Suspension or debarment may also be applied to any person or entity controlled by or affiliated with any suspended or debarred person or entity if the relationship or affiliation is such that, in the reasonable opinion of the procurement official, the person or entity, by reason of the relationship with the suspended or debarred person or entity, is likely not to conduct business in a responsible or lawful manner, or if the suspended or debarred person or entity is reasonably likely to benefit from contracts with such controlled or affiliated persons or entities. Factors the procurement official may consider in making such decisions include ownership interests, common board members, officers, facilities, or employees, and existing family or contractual relationships. The procurement official may, in lieu of suspending or debarring such affiliated persons or entities, develop restrictions or special conditions the affiliated persons or entities must agree to in order to conduct business with the city during the suspension or debarment period. To the extent the procurement official exercises the right to suspend or debar affiliated persons or entities under this subsection, he or she must provide those separate affiliates with the same notice and opportunity to be heard as is required in subsection (a) above. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-368 Procedures related to suspension, debarment and reinstatement.

Sec. 2-368. - Procedures related to suspension, debarment and reinstatement. (a) Notice of intent. When the procurement official is considering imposing a suspension or debarment, they shall first provide a written notice setting forth the facts and circumstances supporting the proposed action, and setting a deadline by which the person or entity must submit a response. The response must, at a minimum, include detailed responses to the facts and circumstances set forth in the notice, copies of all relevant documents, and citation to any legal authorities or other cases the person or entity wants to have considered by the procurement official. Failure to timely file a response shall result in the procurement official's notice of intent to become final on the date of the deadline, or any extension thereof, set forth in the notice. (b) Opportunity to be heard. In addition to the opportunity to submit a written response, if, after receipt of the response, the procurement official determines that it would be helpful for a meeting on the matter, or if a meeting is requested by the person or entity under consideration for suspension or debarment, then the procurement official shall conduct a meeting to listen to any presentation the person or entity wishes to make. To ensure all relevant issues are identified, no meeting request may be made by a person or entity under consideration for suspension or debarment unless a timely written response as provided for in subdivision (a) above has first been filed. (c) Final determination. After considering the written response, and any presentation made during a subsequent meeting, the procurement official shall make a written decision to either withdraw the notice of intent, or to debar or suspend the person or entity. The final decision shall state the factual and legal reasons for the action taken and the term of the suspension or debarment. (d) Review of suspension or debarment. Final notices of suspension or debarment shall be final and binding unless the debarred or suspended person or entity, within ten (10) calendar days of the decision, files with the city clerk a written notice to the city manager requesting review. Upon receipt of a timely review request, the manager may, in his or her discretion, request a written response from relevant city staff or other relevant persons or entities, or schedule the matter for an in person or video conference discussion. In any review of a final determination, the review shall be limited to determining whether there was factual support for the decision taken, that the decision does not violate any statute or ordinance, and that all required notices and process were provided by city staff. Neither side may present any new evidence, issue or legal argument not first presented to the procurement official. (e) Reinstatement. The procurement official shall have the authority to reinstate any person or entity under an existing suspension or debarment period. To request reinstatement, the person or entity must submit to the city clerk a written request, which shall, at a minimum, include all relevant facts and documentation which the person or entity contends supports the early termination of the suspension or debarment. Relevant factors include, but are not limited to, demonstrated rehabilitation, a change in ownership or control to innocent owners, restitution payments, subsequent court rulings, changes in the law, or where, in the procurement official's sole judgment, the city's interests would be adequately protected, and the person or entity to be reinstated is not likely to again engage in similar conduct. The procurement official may also grant limited reinstatement to respond to emergency contracting needs. As a condition of reinstatement, the procurement official may limit the nature and scope of contractual undertakings that must be satisfactorily completed before seeking additional contracts from the city. (f) Copies of all suspension, debarment and reinstatement decisions shall be maintained by the procurement official's office and posted in an appropriate area of the procurement page of the city's website. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-369 Procurement procedures.

Sec. 2-369. - Procurement procedures. (a) The city manager is authorized to develop, approve, publish, and enforce supplemental procurement administrative procedures and forms not inconsistent with this division to facilitate implementation of these procedures and forms. (b) The administrative procedures established pursuant to this section shall be contained in procurement administrative procedures manual, which manual shall be organized by topic, and shall not be inconsistent with any provision of this division. (c) The administrative procedures established pursuant to this section shall not create new policies which are otherwise addressed in this division, including alteration of procurement thresholds, alteration of protest, debarment, or suspension procedures, or alteration of any ethical requirements. The administrative procedures shall have the focus of providing additional procedural detail to guide city staff involved in the procurement function but shall not contain provisions which purport to regulate the conduct of city vendors. Vendor instructions or directions related to participating in city procurement solicitations shall be published in the relevant solicitation materials so that vendors may know all deadlines, forms, procedures and requirements related to a given solicitation. (d) To the extent the city commission has approved prior versions or portions of administrative procurement procedures, such approvals are revoked as of the adoption of this division. While the city manager is authorized to develop, approve, publish, and enforce supplemental administrative procedures pursuant to this section, the city commission reserves the right to direct the revision or recission of any such procedures if the commission determines either that the procedure in question conflicts with the policy set forth in this division or that the subject should best be addressed within this division. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-370 Use of bid bonds.

Sec. 2-370. - Use of bid bonds. In all instances where the city issues a price-based ITB seeking hard bids, the procurement official is authorized to require all bidders to submit a bid bond, at a bond amount sufficient to protect the city's interests should the winning bidder fail to honor its bid upon award. The city attorney is authorized to assist the procurement official in collecting on any such bond. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-371 Use of vendor performance reports.

Sec. 2-371. - Use of vendor performance reports. The procurement official shall maintain a system which will allow city staff to submit written reports related to the performance of city vendors. City administrative staff with responsibility for vendor oversight or contract management are encouraged to submit vendor performance reports to the procurement official so as to allow the procurement office to develop a record of vendor performance. Such vendor performance records may be used in determining if a vendor responding to a city solicitation is responsible. Use of the vendor performance report shall not be a substitute for contractual enforcement efforts where such efforts are warranted to protect the city's interests. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-372 Staff training.

Sec. 2-372. - Staff training. To ensure the city's procurement function occurs in a consistent, efficient, lawful, and ethical manner, the city manager shall ensure that all city personnel who are responsible for implementing or administering the provisions of this division or the related administrative procurement procedures, are periodically trained in the rules, procedures, forms, and legal and ethical considerations applicable to their respective functions. (Ord. No. 26-5588, § 2, 3-2-26)

Sarasota Code § 2-373—2-380 Reserved.

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_DIV3PRCOFetched: 11/14/2026