Sarasota_Bay_Estuary_Program_External_Auditing_Services_(Addendum_#1_Revision).pdf

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City of Sarasota

REQUEST FOR PROPOSAL

26-37JS

SARASOTA BAY ESTUARY PROGRAM EXTERNAL AUDITING SERVICES

RELEASE DATE: July 16, 2026

RESPONSE DEADLINE: August 6, 2026, 2:30 pm

Please refer to the project timeline in this document for all important deadlines.

Request for Proposal #26-37JS Title: Sarasota Bay Estuary Program External Auditing Services

Table Of Contents

1. Introduction

2. Sarasota Bay Estuary Program Terms and Conditions

3. RFP Standard Terms and Conditions SBEP

4. Scope of Services

5. Vendor Questionnaire

6. Attachments

7. Evaluation Criteria

8. Pricing Table

Attachments:

A - Appendix A - Findings from Recent External Audit

B - Appendix B - Staff Responsibilities

1. Introduction

The City of Sarasota is acting as the Purchasing Agent for the Sarasota Bay Estuary Program, hereafter referred to as “the Program”, a special district of the State of Florida, is requesting proposals from qualified firms of certified public accountants to audit its financial statements for the fiscal year ending September 30, 2026, the auditing of its financial statements for each of the two subsequent fiscal years, and two optional one-year renewals. These audits are to be performed in accordance with auditing standards generally accepted in the

United States of America and the standards applicable to financial audits contained in Government Auditing

Standards, issued by the Comptroller General of the United States; the audit requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit

Requirements for Federal Awards (Uniform Guidance); and Chapter 10.550, Rules of the Auditor General for the State of Florida.

There is no expressed or implied obligation for the Program to reimburse responding firms for any expenses incurred in preparing proposals in response to this request.

Proposals submitted will be evaluated by an Auditor Selection Committee established in accordance with

Section 218.391, Florida Statutes.

During the evaluation process, the Auditor Selection Committee and the Program reserve the right, where it may serve the Program's best interest, to request additional information or clarifications from proposers, or to allow corrections of errors or omissions. At the discretion of the Program or the Auditor Selection

Committee, firms submitting proposals may be requested to make oral presentations as part of the evaluation process.

The Program was established on July 23, 2004 by an Interlocal Agreement between the City of Sarasota, the

City of Bradenton, the Florida Department of Environmental Protection, Sarasota County, Manatee County, the Southwest Florida Water Management District and the Town of Longboat Key. The Program is part of a national network of twenty-eight estuary programs established under the Federal Clean Water Act and administered nationally by the U.S. Environmental Protection Agency.

The Program was created and operates pursuant to the provisions of Chapter 163.01, Florida Statutes, and is an independent special district as prescribed in Chapter 189, Florida Statutes. The purpose of the Program is to improve and protect Sarasota Bay, by improving water quality, increasing habitat and enhancing the natural resources of the area for use and enjoyment by the public. The Program is governed by an appointed policy board, which is comprised of the member entities contained in the Interlocal agreement.

The Program has 6 employees with a total payroll of $490,000 in FY26.

The Program receives member contributions from the City of Sarasota, the City of Bradenton, Sarasota

County, Manatee County, the Southwest Florida Water Management District, and the Town of Longboat Key and is a recipient of the Environmental Protection Agency’s CWA Section 320 National Estuary Program Grant

(ALN 66.456).

The Program will on occasion apply for and be awarded other grants, including additional federal grants that may necessitate a single audit.

More detailed information on the Program and its finances can be found on the SBEP website at:

https://sarasotabay.org/about-sbep/financial-records/

Release Project Date: July 16, 2026

Question Submission Deadline: July 28, 2026, 5:00pm

Proposal Submission Deadline: August 6, 2026, 2:30pm

Procurement Contact:

Jessica Smith jessica.smith@sarasotafl.gov https://sarasotabay.org/about-sbep/financial-records/

2. Sarasota Bay Estuary Program Terms and Conditions

2.1. SUBJECT TO THESE TERMS

All proposals submitted are subject to the terms and conditions specified herein. Those which do not comply with these conditions are subject to rejection. The City of Sarasota (CITY) is acting as the Purchasing Agent for the Sarasota Bay Estuary Program (SBEP). All Vendors, by submitting a proposal agree to hold the City of

Sarasota harmless for errors or omissions by other parties. These Terms and Conditions are subject to the order of precedents in section 3 of this document.

2.2. SCOPE OF SERVICES

Vendor shall diligently and timely provide all labor, materials and equipment required to assist the SBEP with the Scope of Services described in Section 4. The specific Scope of Services to be provided by the Vendor will be set forth in the specifications, scope of work, and exhibit with the executed agreement. A copy of which will be incorporated by reference. Vendor covenants to strictly comply with all of the terms and conditions set forth within the final executed agreement and this proposal.

2.3. ORDER OF PRECEDENTS

A. If a conflict arises between these “Terms and Conditions”, the following ORDER OF PRECEDENTS will apply:

1. Florida State Law as applied to Independent Special District Purchasing in accordance with Title XIX, “Public Business”, Chapter 287 “Procurement of Personal Property and Services”.

2. Terms and Conditions as dictated by Federal or State Grant Agreements.

3. Special Conditions and Supplemental Instructions

4. City of Sarasota Procurement Code

5. Detailed Scope of Work

6. Solicitation specific Terms and Conditions

7. These Terms and Conditions

2.4. CONSULTANT'S COMPETITIVE NEGOTIATION ACT (CCNA)

All references to pricing do not apply to CCNA proposals. All references to local preference do not apply to

CCNA.

2.5. CONTRACT FORMS

Any agreement, contract, or Purchase Order resulting from the acceptance of a proposal shall be in a form as approved by the SBEP Policy Board.

2.6. PROPOSAL DELIVERY AND SUBMISSION REQUIREMENTS AND

COMMUNICATIONS

A. Only electronic responses will be submitted to the City via the City’s online solicitation program. If backup documentation is required, such as plans or concept drawing, then those will be submitted as a single hard copy with an electronic copy on a flash drive.

B. The electronic copy should include one consolidated PDF file that contains the entire response.

C. Confidential proposal Information – If information is submitted with the proposal documents that are deemed “Confidential” then the proposer must stamp those pages of the proposal that are considered confidential. Proposer must provide documentation as to why these documents should be declared confidential in accordance with Chapter 119, “Public Records”, and exemptions. Respondent will be responsible for proving confidentiality upon the City receiving any valid public records request. The

Respondent will be responsible for all costs involved in that process.

D. RFP Opening

1. Solicitation responses shall be publicly opened on the date and at the time specified in the online solicitation system. It is the Respondent's responsibility to assure that their response is uploaded before the deadline date and time. Responses, which for any reason are not uploaded on time, will not be considered. Offers by fax, mail, private carrier or telephone are not acceptable unless otherwise specified. A response may not be altered after the closing of the solicitation.

2. If hard copies of the Solicitation response are requested, Solicitation documents shall be sealed in an envelope or packaging and shall be clearly marked with the words "Solicitation Response

Documents" and show the solicitation name and number, name and address of the Respondent, and date and time of the scheduled opening. All solicitation documents shall be submitted in writing, signed by the Respondent or the Respondent's duly authorized agent, and shall be mailed or delivered to the office of the Purchasing General Manager prior to the date and time scheduled for the opening of responses.

3. The Purchasing General Manager, or designee, shall publicly display solicitation responses submitted online.

E. A proposer may withdraw a proposal any time prior to the opening of the proposal. After proposals are opened, but prior to award of the contract by the SBEP Policy Board, the CITY Purchasing Division may allow the withdrawal of a proposal because of the mistake of the proposer in the preparation of the proposal document. In such circumstance, the decision of the SBEP Policy Board to allow the proposal withdrawal, although discretionary, shall be based upon a finding that the proposer, by clear and convincing evidence, has met each of the following four tests:

1. The proposer acted in good faith in submitting the proposal,

2. The mistake in proposal preparation was of such magnitude that to enforce compliance by the proposer would cause a severe hardship on the proposer,

3. The mistake was not the result of gross negligence or willful inattention by the proposer, and

4. The mistake was discovered and was communicated to the CITY prior to the SBEP Policy Board having formally awarded the contract.

F. Any Vendor or subcontractor that will have access to SBEP facilities or property may be required to be screened to a level that may include but is not limited to fingerprints, statewide criminal and juvenile records check. There may be fees associated with these procedures. These costs are the responsibility of the Vendor or subcontractor.

G. Proposers may be declared “not responsible” due to past or pending lawsuits that are relevant to the subject procurement such that they call into question the ability of the proposer to assure good faith performance. This determination may be made by the Purchasing Official, after consultation with the

CITY and SBEP Attorney.

2.7. CLARIFICATION AND ADDENDA

A. Questions and requests for clarification should be submitted through the City’s electronic solicitation system. Addenda are issued through the electronic system. If for some reason the City issues a call for hard copy responses, then information or questions concerning this solicitation may also be submitted to the City of Sarasota Purchasing Division, 1565 First Street, Room 205, Sarasota, Florida 34236, phone number (941) 263-6452, unless otherwise noted in the specifications. After the issuance of the solicitation, prospective Respondents or any agent, representative or person acting at the request of such Respondent shall not have any contact, communicate with or discuss any matter relating in any way to the solicitation with any SBEP Director, agent or employee of the SBEP or the CITY other than the Purchasing General Manager or their designee. This prohibition begins with the issuance of any solicitation and ends upon execution of the final contract or when the solicitation has been canceled or upon determination by the Purchasing General Manager that a “Cone of Silence” is in effect for the solicitation or upcoming solicitation. If it is determined that improper communications were conducted, the Respondent may be declared not responsible.

B. Detailed specifications describe the commodities, services or construction services to be acquired by the SBEP. To be considered for award a proposal must comply in all material respects with the specifications. No alternate proposals or deviations from the specifications will be accepted unless requested in the specifications or RFP form and as approved through written addendum.

C. Each proposer shall examine all Request for Proposal (RFP) documents and shall judge all matters relating to the adequacy and accuracy of such documents. Any inquiries, suggestions or requests concerning interpretation, clarification or additional information pertaining to the Request for Proposal

(RFP) shall be made in writing through the online Question & Answer feature within the solicitation software by the deadline listed for questions.

D. The CITY and SBEP shall not be responsible for oral interpretations given by any CITY or SBEP employee, representative, or others. Except at the pre-solicitation conference, every request for interpretation of the meaning of the plans, specifications or any contract documents, or for correction of any apparent ambiguity, inconsistency or error therein, shall be in writing, addressed to the

Purchasing General Manager or designee. The issuance of the Questions and Answers in the City’s online solicitation system, or a written addendum, added within the City’s online solicitation system, by the City’s Purchasing Division on behalf of SBEP, is the only official method whereby interpretation, clarification or additional information can be given. If any addenda are issued to this Request for Proposal (RFP), the CITY will attempt to notify all prospective proposers who have secured same; however, it shall be the responsibility of each proposer, prior to submitting their proposal, to determine if addenda were issued and to make such addenda a part of their proposal.

Acknowledgement to addenda receipt will be noted by each proposer in the space provided on electronic Form# 1or by other means as prescribed by the Purchasing Division. This may include electronic acknowledgement.

E. Should the proposer find discrepancies in or omissions from the drawings and specifications, scope of work, or other documents attached hereto, or should they be in doubt as to the meaning, they should at once contact the Purchasing Division and obtain clarification prior to submitting a proposal.

2.8. PROPOSAL EXPENSES

Proposers shall bear all costs and expenses incurred in developing, preparing, and submitting proposals. This includes any expense related to demonstrations or the providing of sample materials or items requested by the SBEP.

2.9. IRREVOCABLE OFFER

Any proposal may be withdrawn until the date and time set for opening of the proposal. All withdrawals must be requested in writing via email, letter, removal from the City’s electronic solicitation system or FAX. Any proposal not so withdrawn shall, upon opening, constitute an irrevocable offer for a period of one-hundred and twenty (120) days to sell to the SBEP the goods or services set forth in the attached specifications. Failure to respond, either by submitting a bid or proposal, or by submitting a “NO BID” Statement eliminates your firm for being able to participate in the protest of this solicitation in accordance with the City of Sarasota

Procurement Code Section 2-366.

2.10. RESERVED RIGHTS

A. The CITY and SBEP reserves the right to accept or reject any or all proposals, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request resubmission. Also, the CITY and SBEP reserves the right to accept all or any part of the proposal and to increase or decrease quantities to meet additional or reduced requirements of the CITY or SBEP. Any sole response received by the submission date may or may not be rejected by the CITY or SBEP depending on available competition and current needs of the CITY.

1. The Purchasing General Manager may set as a minimum the number of responses to accept for consideration of evaluation or award of a contract. This decision will be made based on the

Purchasing Division Policy and City Procurement Code and statutes. However, the Purchasing

General Manager may determine that a single response is acceptable.

a. CCNA Only – Recommends a minimum of 3 qualified professional, experienced, and capable proposers by which to move forward to the evaluation stage. However, the Purchasing

Manager may determine that a single proposal is acceptable.

B. To be responsive, a proposer shall submit a proposal which conforms in all material respects to the requirements set forth in the Request for Proposal (RFP). To be a responsible proposer, the proposer shall have the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. Also, the CITY reserves the right to make such investigation, as it deems necessary to determine the ability of any proposer to deliver the goods or service requested.

This information may be obtained from the proposer or any credible source. All information requests will be made through the Purchasing Division. Such information may include but shall not be limited to current financial statements, verification of availability of equipment and personnel, and past performance records.

1. The Program, in consultation with the CITY, may disqualify a Respondent from being awarded a contract if the Purchasing General Manager determines, after an investigation, that the

Respondent is “not responsible,” based on a poor performance record with the Program, a lack of adequate equipment and personnel, insufficient financial wherewithal, or other factors that indicate the Respondent is not capable of performing the contract.

2. NON CCNA Only – Proposers are required to submit their prices on the pricing forms supplied by the CITY Purchasing Division in the RFP document. Proposals, at the sole discretion of the CITY and/or SBEP, may be deemed non-responsive if these RFP forms are not used and duly signed by an authorized representative of the proposer.

3. Respondents are required to submit their prices, if pricing is required, on the pricing forms supplied by the CITY in the solicitation document. Responses, at the sole discretion of the CITY, may be deemed non- responsive if these solicitation forms are not used and duly signed by an authorized representative of the Respondent.

C. Unless otherwise stated in this RFP specification, any contracts resulting from this RFP are non-exclusive. SBEP reserves the right, in its sole opinion, to purchase goods or services listed in this RFP through the State of Florida Contracts, cooperatives, other current government contracts, and non-profit contracts as provided in the City of Sarasota Purchasing Policy and City Procurement Code. The

SBEP reserves the right to solicit separate requirements that are a portion of a larger contract as a whole through the CITY Purchasing Division. Additionally, at the SBEP’s sole option, additional contracts may be entered into as a result of such situations as unusual volumes, time/delivery requirements, and special requirements, other brands, lease, project specific requirements, or similar situations.

D. After award of this RFP, the SBEP reserves the right to add or delete items/services at prices to be negotiated at the time of addition or deletion. At contract renewal time(s) or in the event of significant industry wide market changes, SBEP may negotiate justified adjustments such as price, terms, etc., to this contract when SBEP, in its sole judgment, considers such adjustments to be in the best interest of the SBEP. The City of Sarasota and/or SBEP may or may not require the prospective proposer to participate in negotiations and to submit additional technical information or other revisions to their proposal as may result from the negotiations.

E. If the contract awarded as a result of this RFP is terminated, the SBEP reserves the right to go to the next lowest responsive proposer with the balance of the contract, unless otherwise stated in the RFP specification.

F. The City of Sarasota and/or SBEP reserves the right to refuse to award to any proposer based upon prior contractual relationships between that proposer, or a substantially related person or entity, and the CITY or SBEP. This shall include, but is not limited to, situations in which the proposer or, a substantially related person or entity, has had its contractual relationship with the CITY or SBEP terminated or issued notice of default within three (3) years of the date of the issuance of this Request for Proposal (RFP).

G. The City and SBEP reserves the right, in the sole opinion of the City and SBEP, to require oral presentations or discussion from all selected respondents, at the discretion of the Evaluation

Committee, derived from the evaluation and selection process herein described during any stage of the evaluation and/or selection process.

1. CCNA Only – Recommends a minimum of 3 qualified professional, experienced, and capable proposers by which to move forward to the evaluation stage. However, the Purchasing Manager may determine that a single proposal is acceptable.

H. The CITY reserves the right that any company or subcontractor of that company that will have access to

CITY facilities or property may be required to be screened to a level that may include but is not limited to, fingerprints, statewide criminal and juvenile records check. There may be fees associated with these procedures. These costs are the responsibility of the company or subcontractor of that company.

2.11. PROFESSIONAL STANDARDS

A. The successful proposer shall covenant and agree that it and its employees have complied with the

Florida Statutes pertaining to the licensing of employees, as applicable.

B. In the event Vendor shall be placed in any form of bankruptcy or make an assignment for the benefit of creditors, the SBEP may declare the same a default of this Agreement and may terminate this

Agreement pursuant to Section 2.31 hereof.

C. Section 287.055(a), Florida Statutes, requires the following provision to be made a part of this

Agreement: Vendor warranties that it has not employed or retained any company or person other than a bona fide employee working solely for vendor, to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation, individual or firm other than a bona fide employee working solely for vendor any fee, commission, percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this paragraph, the SBEP Executive Director shall have the right to terminate the Agreement pursuant to Section 2.31 hereof, without liability and at his discretion to deduct from the Agreement price or otherwise recover the full amount of such fee, commission, percentage, gift or consideration.

2.12. APPLICABLE LAWS

A. Proposers must be authorized to transact business in the State of Florida. Copy of the Registration

Certificate and information should be submitted with proposal but is not required. Registration must be completed before a contract can be signed. Applicable provisions of all federal, state, county and local laws and of all ordinances, rules and regulations shall govern development submittal and evaluation of all proposals received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a proposal response hereto and the City of Sarasota and or SBEP, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise and lack of knowledge by any proposer shall not constitute a cognizable defense against the legal effect thereof. This includes revisions or as amended thereof. Any involvement with the City of Sarasota or SBEP shall be in accordance with but not limited to:

1. City of Sarasota Administrative Regulation and Ordinances

a. City of Sarasota Procurement Code

b. Administrative Approval of Contracts, Ordinance 03-4440 and 07-4763

c. Amends administrative approval of contracts for City Manager, Director of Finance, and the

Purchasing General Manager, Ordinance 07-4763

d. Travel Policy, Administrative Regulation 024.A008.0618

2. Sarasota Bay Estuary Program Charter Regulations and Federal Regulations

a. This Agreement shall be governed by the laws of the State of Florida. Contract/vendor covenants to promptly comply with all applicable federal, state, county and municipal laws, ordinances, regulations and rules relating to services to be performed hereunder and in effect at the time of performance. Contract/vendor covenants that it will conduct no activity or provide any service that is unlawful or offensive. Federal provisions outlined in Section 2.41 apply to agreements.

3. Florida State Statutes

a. Florida State Statute Chapter 287, Procurement of Personal Property and Services

b. Florida State Statute 287.055: Consultants Competitive Negotiation Act (CCNA)

c. Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed proposals received by the CITY on behalf of

SBEP. Pursuant to this solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I, of the

Florida Constitution, until such time as the agency provides notice of a decision or intended decision pursuant to s. 119.071(2) or within 30 days after proposal opening, whichever is earlier.

d. It shall be the responsibility of the proposer to assure compliance with all other federal, state, county, or city codes, rules, regulations or other requirements, as each may apply.

2.13. DISCLAIMER OF JOINT VENTURE

The successful proposer and the City and/or SBEP shall warranty and represent that by the execution of an agreement it is not the intent of the parties that the agreement be construed or deemed to represent a joint venture or an undertaking between the City and/or SBEP and the successful proposer. The successful proposer shall be solely responsible for the conduct of all activities and services provided by the successful proposer as part of its business operations. While engaged in carrying out and complying with terms of the agreement, the successful proposer is an independent contractor and not an officer or employee of the City or SBEP. The successful proposer shall not at any time or in any manner represent that it or any of its agents or employees is employees of the City or SBEP.

2.14. MINIMUM REQUIREMENTS

A. Previous experience in the performance of projects of a similar nature.

B. The individuals/firm warrants that they are fully qualified, with adequate personnel, resources, and experience to undertake the services required within a reasonable time.

C. Registered under the State of Florida to perform the services required for this project. Registration

Certificate to be provided by the Florida Department of State, Division of Corporations, establishing your firm as eligible to conduct business in the State of Florida. Please refer to website: www.sunbiz.org

D. CCNA ONLY – The individual or firm warrants that they are familiar with and have personnel that can conduct contract administration in the related project.

2.15. TRUTH-IN-NEGOTIATION COVENANTS

Florida Statute 287.055 requires for any lump-sum or cost plus a fixed fee professional service contract over the threshold amount provided in Florida Statute 287.017 for category four, that the agency shall require the firm receiving the award to execute a Truth-In-Negotiation certificate stating the wage rates and other factual unit costs supporting the compensations are accurate, complete, and current at the time of contracting. Any professional service contract, under which such a certificate is required, shall contain a provision that the original contract price and any additional costs thereto shall be adjusted to exclude any significant service by which the agency determines the contract price was increased due to inaccurate, incomplete or non-current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the contract.

2.16. PUBLIC ENTITY CRIMES

In accordance with Chapter 287, Florida Statutes, Procurement of Personal Property and Services, Section

287.133, Public entity crime; denial or revocation of the right to transact business with public entities. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases or real property to a public entity, may not be awarded or perform work as a Vendor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for

Category Two for a period of thirty- six (36) months from the date of being placed on the convicted vendor list.

2.17. HUMAN TRAFFICKING

http://www.sunbiz.org/

In accordance with Florida Statutes § 787.06(14), when a contract is executed, renewed, or extended between a non-governmental entity and a governmental entity, the non-governmental entity must provide the government entity with an affidavit signed by an officer or a representative of the non-governmental entity under penalty of perjury attesting that the non-governmental entity does not use coercion for labor or services. The awarded vendor shall provide SBEP with the non-coercion affidavit in the form provided by the

SBEP.

2.18. DISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY

A. In accordance with Florida State Civil Rights Act of 1992.

B. An entity or affiliate who has been placed on the State of Florida’s Discriminatory Vendor List (This list may be viewed by going to the Department of Management Services website at http://www.dms.myflorida.com.) may not submit a proposal on a contract to provide goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not award or perform work as a Vendor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity.

C. The general purposes of the Florida Civil Rights Act of 1992 are to secure for all individuals within the state freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status and thereby to protect their interest in personal dignity, to make available to the state their full productive capacities, to secure the state against domestic strife and unrest, to preserve the public safety, health, and general welfare, and to promote the interests, rights, and privileges of individuals within the state.

D. It is the policy of the City of Sarasota and SBEP to assure that applicants are employed, and that employees are treated during employment, without regard to their age, race, religion, color, national origin, sex, or disability. Such action must include employment, upgrading, demotion, or transfer;

recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training.

2.19. PRE-PROPOSAL CONFERENCE

A. Failure to attend a mandatory or non-mandatory pre-proposal conference will relieve the CITY and

SBEP of any responsibility to notify a proposer of additional requirements unless those questions or requirements are identified in writing.

B. Failure to attend a mandatory pre-proposal conference will result in the proposal being considered non-responsive.

http://www.dms.myflorida.com/

C. Pre-solicitation conferences may be held electronically, by phone conference or webinar depending on the nature of the solicitation and as determined by the Purchasing General Manager.

2.20. FUNDING

This RFP is subject to the appropriation of funds in an amount sufficient to allow continuation of the SBEP’s performance in accordance with the terms and conditions of this RFP. SBEP shall provide prompt written notice to the vendor that sufficient funds have not been appropriated to continue its full and faithful performance under the terms of this RFP, and shall, effective thirty (30) days after giving such notice or upon the expiration of the time for which funds were appropriated, whichever occurs first, be thereafter released of all further obligations in any way related to the RFP.

2.21. SUBCONTRACTING

A. Vendors shall obtain prior written approval of subcontractors and the work they will perform as stated in the scope of work. A subcontractor is defined as any entity performing work within the scope of the project who is not an employee of the Vendor.

B. The Vendor shall be solely responsible for the supervision, direction, and quality of the work of its personnel, subcontractors, and any other individuals or entities performing services under this

Agreement, and shall conduct the engagement in accordance with auditing standards generally accepted in the United States of America and, where applicable, Government Auditing Standards issued by the Comptroller General of the United States and the audit requirements of 2 CFR Part 200, Subpart F. The Vendor shall be fully responsible to SBEP for the acts and omissions of its subcontractors and their personnel to the same extent as for its own acts and omissions, and shall bind each subcontractor to the applicable terms of this Agreement. SBEP's role shall be limited to coordination of the engagement, including providing the Vendor with timely access to records, personnel, and facilities reasonably necessary to perform the audit. Nothing in this Agreement shall be construed to authorize SBEP to direct, supervise, or control the audit procedures performed, the professional judgments made, or the conclusions reached by the Vendor, or otherwise to impair the independence required of the Vendor under applicable professional and governmental auditing standards.

2.22. PUBLIC RECORDS

Proposer acknowledges that all information contained within its proposal is a public record, as defined in

Chapter 119, “Public Records”, of the Florida Statutes. No information should be labeled confidential unless exempted under said laws.

As required by Section 119.0701, Florida Statutes, RESPONDENT hereby specifically covenants to comply with the public records laws of the State of Florida. RESPONDENT specifically covenants to:

A. Keep and maintain public records required by CITY in order to perform the Project Scope of Services.

B. Upon request from CITY, provide CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in

Chapter 119, Florida Statutes, or as otherwise provided by law.

C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Agreement term and following completion of the Agreement if RESPONDENT does not transfer the records to CITY.

D. Upon completion of the Agreement, transfer, at no cost, to CITY all public records in possession of

RESPONDENT or keep and maintain public records required by CITY to perform the Project Scope of

Services. If RESPONDENT transfers all public records to CITY upon completion of the Agreement, RESPONDENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If RESPONDENT keeps and maintains public records upon completion of the Agreement, RESPONDENT shall meet all applicable requirements for maintaining public records. All records stored electronically must be provided to CITY upon request from CITY in a format that is compatible with the information technology systems of CITY.

E. IF RESPONDENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA

STATUTES, TO THE RESPONDENTS’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS

AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR

SARASOTABAYESTUARYPROGRAMAT:

RYAN GANDY

EXECUTIVE DIRECTOR, SARASOTA BAY ESTUARY PROGRAM

RYAN@SARASOTABAY.ORG

(941) 955-8085

111 SOUTH ORANGE AVE, SARASOTA, FL 34236

OR, THE CITY OF SARASOTA CUSTODIAN:

SHAYLA GRIGGS

CITY AUDITOR AND CLERK SHAYLA.GRIGGS@SARASOTAFL.GOV

(941) 954-4160

1565 FIRST STREET

SARASOTA, FL 34236

2.23. CHANGES IN SCOPE OF WORK (IF APPLICABLE)

The Executive Director may, from time to time, request changes in the scope of services of the vendor to be performed hereunder. Such changes, including any increase or decrease in the amount of vendors compensation, shall not be binding unless mutually agreed upon by and between SBEP and the vendor and incorporated in written amendments to this Agreement. It is further understood that the vendor will not perform services or incur costs related to any such changes in scope without said written amendments.

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2.24. INVOICING

Payment shall be made by SBEP to Vendor upon invoice. Vendor covenants not to invoice the SBEP more often than monthly. SBEP shall make payments within thirty (30) days of receipt of a full and complete invoice acceptable to the Executive Director. The invoice amount shall be based upon the pro-rata portion of the services to be provided pursuant to the scope of service, specifications, or exhibit within the executed agreement which will be provided within the invoice period.

2.25. RIGHT TO AUDIT

The Vendor shall maintain such financial records and other records as may be prescribed by the SBEP or by applicable federal and state laws, rules, regulations, and grant requirements. The Vendor shall retain these records for a period with grant applications and the rules as set forth by SBEP or until they are audited by the

SBEP, whichever event occurs first. These records shall be made available during the term of the contract and in accordance with applicable laws so SBEP may be in compliance with funding organizations’ requirements.

2.26. E-VERIFY

A. Awarded Respondents should utilize the U.S. Department of Homeland Security’s E-Verify system to verify the employment eligibility of all new employees hired by the awarded Respondent during the term of the contract; and shall expressly require any subcontractors performing work or providing services pursuant tothe contract to likewise utilize the U.S. Department of Homeland Security’s E-

Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term.

B. (as of January 1, 2021) By entering into this Contract, the Vendor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E-Verify System to verify the work authorization status of all newly hired employees, and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the

Circuit Court no later than 20 calendar days after the date of termination. If this contract is terminated because of a violation of the statute by the Vendor, the Vendor may not be awarded a public contract for a period of 1 year after the date of termination.

C. A public agency must require in any contract that the vendor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the vendor or subcontractor. A public agency or a vendor or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verify system.” (effective 07-01-23).

2.27. PROTEST PROCEDURES

Protest procedures will be conducted in accordance with the City of Sarasota Procurement Section 366 and

Resolution 26R-3381.

The Sarasota Bay Estuary Program, being an Independent Special District of the State, is bound by both the

Florida Administrative Code and Florida Statutes.

In consideration of this section "Protest Procedures" of the Terms and Conditions, found herein:

Should there be any conflict between Section 2 and either Florida Administrative Code (Rule 28-

110.001: "Bid Protests") and/or Florida Statute FS 120.57 "Additional procedures for particular cases-applicable to Protests to Contract Solicitation or Award"), FAC Rule 28-110.001 and FS 120.57 shall prevail.

2.28. INSURANCE

A. Vendor, prior to signing an Agreement and before starting any work on this Agreement, shall procure and maintain, during the life of this Agreement, the insurance coverage listed below. The policies of insurance shall be primary and written on forms acceptable to the SBEP. The policies shall be placed with an insurance carrier approved and licensed by the Insurance Department of the State of Florida and that meets a minimum financial A.M. Best & Company rating of no less than "A": Excellent.

1. The CITY will accept a minimum rating for Worker’s Compensation Insurance of “B+, Good”. The

NAIC number for all Insurers will be noted to the right of the insurer’s name in the section provided on the certificate of insurance. The City of Sarasota will not accept any indication or evidence of self-insurance made by the awarded Respondent, as it applies to any of the required insurance coverage. The Purchasing General Manager, or designee, reserves the right to waive, downgrade or upgrade, or suspend requirements as determined to be in the best interest of the CITY. Any and all fully- executed contracts will require that the awarded Respondent be fully insured per the terms and conditions as follows herein:

a. Worker’s Compensation - Worker’s Compensation Insurance on behalf of all employees who are to provide a service for this Agreement, as required by Florida Statues Chapter 440 and

Employers Liability with limits of not less than $100,000 per employee accident; $500,000 disease aggregate; and $100,000 employee per disease.

b. Commercial General Liability - including but not limited to bodily injury, property damage, and personal injury, with limits of not less than One Million Dollars combined single unit per occurrence, Two Million Dollars per location aggregate, plus property damage insurance in the minimum amount of Five Hundred Thousand Dollars covering all work performed.

c. Automobile Liability - Including bodily injury, property damage liability for all vehicles owned, hired, leased, and non-owned, with limits of not less than One Million Dollars combined single unit per occurrence, $500,000.00 property damage and Two Million Dollars aggregate covering all work performed.

d. Additional or Option Insurance (Depends on project requirements.)

i. Umbrella Liability - N/A unless being used to meet underlying coverage requirements.

ii. Miscellaneous Insurance - All other types of insurance as required by the scope of work or specifications.

iii. Professional Liability - If applicable, in the minimum amount of One Million Dollars. CCNA

Consultants must have this insurance coverage.

B. Additional Insured. The SBEP, its elected and appointed officials, employees and agents shall be listed by separate endorsement as additional insureds, except for workers compensation, without exclusion for its/their own negligence. Further, other designated persons or entities may be required to be listed as additional insured.

C. Proof of Insurance. Vendor, prior to providing any services pursuant to this Agreement, shall furnish to the SBEP proof of insurance, including, but not limited to a certificate of insurance, a copy of the declaration page of each policy, and the separate endorsement referencing the SBEP as "additional insured", except for workers compensation and the effectiveness of all required insurance for Vendor.

The certificates of insurance shall state that the SBEP will be notified in writing at least thirty (30) days prior to cancellation, non-renewal or any other modification of any policies required of Vendor. No work shall commence under this Agreement until the SBEP'S authorized representative has given written approval that the insurance requirements have been satisfied. Additionally, Vendor has an affirmative obligation throughout the entire term of this Agreement to provide the SBEP evidence of the continuation of all policies required of Vendor by this Agreement. As such, as each policy of insurance is renewed, proof thereof must be provided in writing to the SBEP.

2.29. WORK COMMENCEMENT/PROGRESS/DELAYS

A. The services to be rendered by Vendor shall be commenced subsequent to the execution of this

Agreement and upon receipt of a Notice to Proceed.

B. Vendor agrees to provide monthly progress reports regarding the Scope of Services. The SBEP shall be entitled at all times to be advised, in writing, at its request, as to the status of work being done by vendor and of the details thereof.

C. If Vendor cannot satisfy any deadline, then Vendor shall notify the SBEP Executive Director in writing at least seven (7) days prior to such deadline of the reason for the delay. In the event there are delays on the part of the SBEP Executive Director or regulatory agencies as to the approval of any of the plans, permits and drafts of special provisions submitted by Vendor which delay the Project Schedule completion date, the SBEP Manager shall grant to Vendor, in writing, an extension of the Agreement time equal to the aforementioned days. The SBEP Executive Director shall be solely responsible for determination of whether any extension of Agreement time should be awarded to Vendor.

2.30. OWNERSHIP OF DELIVERABLES; AUDIT DOCUMENTATION AND RETENTION

A. Deliverables. All reports, audited financial statements, management letters, schedules, and other deliverables prepared by the vendor for delivery to SBEP under this Agreement shall, upon delivery, become the property of SBEP and shall constitute public records subject to Chapter 119, Florida

Statutes.

B. Audit Documentation. Audit documentation (workpapers) prepared or obtained by the vendor in the course of the engagement shall remain the property of the vendor in accordance with applicable professional standards. Nothing in this Agreement shall be construed to transfer ownership of audit documentation to SBEP.

C. Access. The vendor shall make audit documentation available, upon request and in a timely manner, for review or copying by SBEP, the Florida Auditor General, the U.S. Environmental Protection Agency

(EPA), the EPA Office of Inspector General, the Government Accountability Office (GAO), the

Comptroller General of the United States, and their duly authorized representatives, including access necessary for quality reviews, oversight of the Single Audit, or investigations. The vendor shall also permit a successor vendor engaged by SBEP to review audit documentation in accordance with applicable professional standards governing communications between predecessor and successor contractor/vendors.

D. Retention. The vendor shall retain audit documentation and reports for a minimum of three (3) years after the date of issuance of the vendor's report(s) to SBEP, consistent with 2 CFR 200.517, or for such longer period as may be required by applicable law, professional standards, or record retention schedules. If the vendor is notified in writing by SBEP, a cognizant or oversight agency, or a pass-through entity to extend the retention period, or if any audit finding, litigation, claim, or investigation involving the records remains unresolved, the vendor shall retain the audit documentation until the matter is resolved and final action taken.

E. Public Records Compliance. To the extent the vendor is acting on behalf of SBEP within the meaning of

Section 119.0701, Florida Statutes, the vendor shall comply with the public records provisions set forth in Section 22 of these Terms and Conditions.

2.31. TERMINATION OF CONTRACT

The Sarasota Bay Estuary Program (SBEP) reserves the right to terminate any contract, at any time, with or without cause.

A. Termination for Default. Vendor acknowledges that the conditions, covenants, and requirements on its part to be kept, as set forth herein, are material inducements to SBEP entering into this Agreement.

Should vendor fail to perform any of the conditions, covenants and requirements on its part to be kept, the SBEP Executive Director shall give written notice thereof to vendors specifying those acts or things which must occur in order to cure said default, including the time within which such cure shall occur.

Vendor shall have seventy-two (72) hours measured from the date and time of the written notice within which to cure the default. Provided, however, if vendor makes a good faith effort by taking steps to substantially cure the default, the SBEP Executive Director may grant vendor additional time to cure such default, as he deems warranted in his sole discretion. Should the default remain, upon expiration of the time granted to cure the same, the SBEP Manager may terminate this Agreement by written notice of termination said notice specifying the time and date of termination.

B. Termination for Convenience. The SBEP Executive Director shall have the right at any time upon fifteen (15) days written notice to vendor to terminate the services of vendor hereunder for any reason whatsoever.

C. Payment and Ownership of Documents upon Termination. In the event of termination of this

Agreement, vendor shall cease work and shall deliver to SBEP all documents containing the…