South_Creek_Oyster_Habitat_Enhancement_and_Restoration.pdf

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City of Sarasota

REQUEST FOR PROPOSAL

2027-009-JS

SOUTH CREEK OYSTER HABITAT ENHANCEMENT AND RESTORATION

RELEASE DATE: October 30, 2026

RESPONSE DEADLINE: December 1, 2026, 2:30 pm

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

Request for Proposal #2027-009-JS Title: South Creek Oyster Habitat Enhancement and Restoration

Table Of Contents

1. Introduction

2. Sarasota Bay Estuary Program General Terms and Conditions

3. RFP Standard Terms and Conditions for SBEP

4. Scope of Work

5. Vendor Questionnaire

6. Attachments

7. Evaluation Criteria

8. Pricing Table

1. Introduction

The City of Sarasota, Florida is acting as the Purchasing Agent for the Sarasota Bay Estuary Program (SBEP).

The Sarasota Bay Estuary Program, a special district of the State of Florida, is requesting Proposals from qualified individuals or firms to provide services to enhance and create oyster reef habitat (<2 acres) within the southern portion of the Sarasota Bay Estuary Program area, near the mouth of South Creek. The successful

Proposal shall provide all personnel, services, materials, equipment, tools, consumables, transportation, skills and incidentals necessary to provide the services described in this Request for Proposal (RFP).

Proposers are encouraged to propose low-cost, plastic-free novel restoration techniques that have a proven track record of success (e.g., cotton rag pots, cement-jute volcanoes). Placement of reef domes/modules, plastic -free oyster bags, anchored vertical oyster gardens/anchors, and fossilized or recycled cultch will also be considered. Proposers will be expected to provide cost estimates for each task and summarize for the entire project, materials should be included in cost estimate. Proposers will be expected to provide an estimate of cost per square foot of materials and installation and an estimated total area of restored oyster coverage that can be achieved at this cost within the budget limits.

Proposers are encouraged to create multiple opportunities for volunteering and/or direct community involvement in oyster reef restoration activities.

Proposers will be expected to secure all necessary permits for oyster restoration on sovereignty submerged lands within 3 months of notice to proceed. No services under this Solicitation require licensure under

Chapters 471, 472, or 481, F.S., GIS deliverables are for documentation only and are not survey products.

The SBEP is a part of the US EPA National Estuary Program, created by Congress to protect and preserve the estuaries and watersheds in the Sarasota Bay region along Florida’s Gulf Coast – recognized as “estuaries of national significance.” The Sarasota Bay waterways were designated as priority water bodies by the U.S.

Environmental Protection Agency (EPA) in Section 320 of the Water Quality Act of 1987. The program is the partnership of local, state and federal governments and agencies as well as non-profits, research institutions, universities and community members.

SBEP collective funding and resources to improve ecosystems and communities in the region is guided by specific supported projects and actions outlines in the SBEP Comprehensive Conservation and Management

Plan (CCMP) and annual work plan in the following categories WQQ: Water Quality and Quantity, WH:

Watershed Habitats, FW: Fish & Wildlife, and CE: Community Engagement. Oyster habitat enhancement meets multiple objectives in the SBEP CCMP Watershed Habitat Activity WH-5: Monitor oyster reef habitat quality, explore optimal placement of new reefs, and establish/enhance oyster and artificial reefs; and Fish & Wildlife

Activity FW-2: Monitor native bivalve populations and protect, restore, and enhance their habitats. Projects involving community support and engagement from other governmental stakeholders in the habitat enhancement and restoration process also support Community Engagement Activity CE-2: Support volunteer https://sarasotabay.org/about-sbep/our-plans/ https://sarasotabay.org/about-sbep/our-plans/ restoration and citizen science activities that contribute to assessment, monitoring, and restoration of bay and gulf waters, shorelines, wetlands, and other habitats.

The Sarasota Bay Estuary is a series of five coastal lagoons located on the southwest coast of Florida. The watershed of this region is over 85% developed into an urban landscape (Figure 1) with shorelines that are over 80% hardened with seawalls. Restoration opportunities are limited due to the private ownership of most of the properties along the coast and within the watershed. The remaining habitats are largely state submerged lands, state and county parks, municipal park properties, and stormwater conveyances in the watershed and are under constant pressure from rising tides that compresses the habitats against hardened infrastructure that is mostly under private ownership. The habitats within the bay and watershed represent a rich mosaic that includes seagrass meadows, hardbottom, oyster reefs, beaches, saltwater wetlands, freshwater wetlands, and upland habitats. The SBEP uses Habitat Restoration Plans to focus its finite resources on restoration and conservation projects that are impactful. This project will be completed in the southern portion of the SBEP area to balance the distribution of funds throughout the entire region.

The project area will be in the South Creek watershed, which is a tidal tributary to Blackburn Bay. Blackburn

Bay receives salt water through the Venice Inlet and fresh water from a canal and South Creek. This enhancement should focus on oyster habitat west of 41 bridge and east of Inter Coastal Waterway (ICW) for appropriate salinity requirements.

Project Area

Fig. 1 South Creek Watershed and Blackburn Bay

Fig. 2 Aeriel view of project area Courtesy of Sarasota County oyster mapping & monitoring program

Release Project Date: October 30, 2026

Question Submission Deadline: November 13, 2026, 5:00pm

Proposal Submission Deadline: December 1, 2026, 2:30pm

Procurement Contact:

Jessica Smith jessica.smith@sarasotafl.gov

2. Sarasota Bay Estuary Program General Terms and Conditions

2.1. SUBJECT TO THESE TERMS

All Responses are subject to the Terms and Conditions specified herein. Responses 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). These terms and conditions are subject to the Order of Precedents in

Section 2.3 of this document.

2.2. DEFINITIONS

A. “Response” – Will be considered the same as a bid, proposal, or any other terms used to describe the submittal of an electronic response to a solicitation. All responses shall be submitted electronically.

B. “Respondent” – A bidder, proposer or any other individual or company that may submit a response to a CITY solicitation on behalf of the SBEP.

C. “Solicitation” – A document or documents released by the CITY for the purpose of obtaining goods or services. Considered the same as an Invitation to Bid (ITB), Request for Proposal (RFP), Request for

Qualifications (RFQu), Invitation to Negotiate (ITN), or any other title designated by the CITY to solicit goods or services.

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 Municipal 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 (RFP, Bid, Construction, etc.)

7. These Terms and Conditions

2.4. CONTRACT FORMS

Any agreement, contract, or purchase order resulting from the acceptance of a response shall be in a form as approved by the SBEP Policy Board.

2.5. CONE OF SILENCE

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 CITY other than the Procurement Official 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 Procurement Official 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.

2.6. LOBBYING RESTRICTIONS

In accordance with Section 2-364(a) of the City Code of Ordinances, after the issuance of any Solicitation, or during renegotiation of an existing contract, no prospective respondents or their agents, representatives, or persons acting at the request of such Respondents 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

SBEP officers, agents or employees (including the SBEP Policy Board and SBEP Executive Director) other than the Procurement Official, 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 Official but does not apply to presentations made to evaluation committees or at a SBEP Policy

Board meeting where the SBEP Policy Board 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 SBEP Policy Board directing renegotiation or on issuance of a written notice from the Procurement

Official to the existing contractor instituting a renegotiation process. Failure of Respondents seeking to conduct or potentially interested in conducting business with the SBEP 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 Respondent.

2.7. RESPONSE DELIVERY AND SUBMISSION REQUIREMENTS AND

COMMUNICATIONS

A. Only electronic responses will be submitted to the CITY via the CITY’s online solicitation program. If specified as being allowed, large-file backup documentation that is required, such as plans or concept drawings, may 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 Response Information – If any information is submitted with the solicitation documents that is deemed “confidential” by the Respondent, then the Respondent must stamp those pages of the response in the PDF file that are considered "confidential." Respondent must provide documentation as to why these documents should be declared "confidential" and/or "exempt" in accordance with exemptions provided under Florida's public records laws. Respondent will be responsible for proving confidentiality and exemptions upon the CITY receiving any valid public records request. The

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

D. In accordance with Section 2-361 of the City Code of Ordinances, upon receipt of a Response to a

Solicitation, the CITY will not be aware that a Bid, Proposal, or other Response contains “confidential” or "exempt" 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 confidential and exempt trade secret. The mere designation of an entire submission as "confidential" or “exempt” 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.

E. Solicitation Opening

1. Solicitation Responses shall be publicly opened on the date and at the time specified in the online

Solicitation. It is the Respondent's responsibility to ensure 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 Procurement Official prior to the date and time scheduled for the opening of responses.

F. The Procurement Official, or designee shall publicly display Solicitation Responses submitted online.

G. A Respondent may withdraw a Response any time prior to the close of the Solicitation. After

Solicitations are closed, but prior to award of the contract by the SBEP, the City Commission or Charter

Official may allow the withdrawal of a Response because of the mistake of the Respondent in the preparation of the Response document. In such circumstances, the decision of the SBEP to allow the response withdrawal, although discretionary, shall be based upon a finding that the Respondent, by clear and convincing evidence, has met each of the following four tests:

1. The Respondent acted in good faith in submitting the response,

2. The mistake in response preparation was of such magnitude that to enforce compliance by the

Respondent would cause severe hardship on the Respondent, and

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

H. Any Respondent 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 Respondent or subcontractor.

I. Respondents 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 Respondent to assure good faith performance. This determination may be made by the Procurement Official, after consultation with the CITY and SBEP Attorney.

2.8. CLARIFICATION AND ADDENDA

A. Questions and requests for clarification should be submitted through the CITY's online solicitation system. Answers to questions and/or addenda are issued through the CITY’s online solicitation 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's Purchasing Division, 1565

First Street, Room 205, Sarasota, Florida 34236, phone number (941) 263-6452, unless otherwise noted in the specifications.

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

C. Each Respondent shall examine all Solicitation 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 Solicitation shall be made in writing through the online solicitation software Q&A portal prior to the date when questions are due.

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, preferably asked within the CITY's electronic bidding system, or addressed to the Procurement Official 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 Solicitation, the CITY will attempt to notify all prospective Respondents who have secured same; however, it shall be the responsibility of each

Respondent, prior to submitting their Response, to determine if addenda were issued and to make such addenda a part of their Response. Acknowledgement of addenda receipt will be noted by each

Respondent within the online solicitation software. Failure to acknowledge addenda may deem your submittal nonresponsive.

1. Should the Respondent 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 response.

E. Governmental Restrictions

1. In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this Solicitation prior to their delivery, it shall be the responsibility of the Respondent to notify the Purchasing Division at once, indicating in their letter or email the specific regulation which required an alteration. The

CITY reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the Solicitation or contract at no further expense to the CITY.

2.9. SOLICITATION/RESPONSE EXPENSES

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

2.10. IRREVOCABLE OFFER

Any response may be withdrawn by the date and time set for closing of the responses to this solicitation. All withdrawals must be requested in writing via email, letter, and removal from the CITY's electronic solicitation system or FAX. Any response 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.

2.11. RESERVED RIGHTS

A. The CITY and SBEP reserve the right to accept or reject any or all Responses, in whole or in part, for any reason whatsoever, to waive minor irregularities and technicalities, and to request resubmission. Also, the CITY and SBEP reserve the right to accept all or any part of the Responses 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 and SBEP.

1. The Procurement Official 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 Purchasing

Division Policy and City Procurement Code and statutes. However, the Purchasing Official may determine that a single response is acceptable.

B. To be responsive, a Respondent shall submit a Response which conforms in all material respects to the requirements set forth in the Solicitation. To be a responsible Respondent, the Respondent 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 ensure good faith performance. Also, the CITY and SBEP reserves the right to make such investigation, as it deems necessary to determine the ability of any Respondent to deliver the goods or service requested. This information may be obtained from the Respondent 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. SBEP, in consultation with the CITY may disqualify a Respondent from being awarded a CITY or

SBEP contract if the Procurement Official determines, after an investigation, that the Respondent is

“not responsible,” based on a poor performance record with the CITY or SBEP, 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. Respondents are hereby notified that Section 287.05701, Florida Statutes, requires that the CITY may not request documentation of or consider a vendor’s social, political, or ideological interests when determining if the vendor is a responsible vendor (effective 07-01-2023).

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 and/or SBEP, 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 Solicitation specification, any contracts resulting from this Solicitation are non-exclusive. SBEP reserves the right, in its sole opinion, to purchase goods or services listed in this Solicitation 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. 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, special requirements, other brands, lease, project specific requirements, or similar situations.

D. After award of this Solicitation, the SBEP reserves the right to add or delete items/services at prices or terms 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, the SBEP may negotiate justified adjustments such as price, terms, etc., to the contract when the SBEP, in its sole judgment, considers such adjustments to be in the best interest of the SBEP. The CITY and/or SBEP may or may not require the prospective

Respondent to participate in negotiations and to submit additional technical information or other revisions to their Response as may result from the negotiations.

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

F. The CITY and/or SBEP reserve the right to refuse to award to any Respondent based upon prior contractual relationships between that Respondent, or a substantially related person or entity, and the

CITY or SBEP. This shall include, but is not limited to, situations in which the Respondent 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 solicitation.

G. The CITY and SBEP reserve the right that any company or subcontractor of that company 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 company or subcontractor of that company.

2.12. APPLICABLE LAWS

A. Respondent must be authorized to transact business in the State of Florida to perform the services required for this project. A copy of the registration certificate provided by the Florida Department of

State, Division of Corporations, should be submitted with Response but is not required. Registration must be completed before a contract can be signed. Please refer to website: www.sunbiz.org https://www.sunbiz.org/

B. 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 Responses received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a response hereto and the CITY and/or SBEP, by and through its officers, employees and authorized representatives, or any other person, natural or otherwise. Lack of knowledge by any Respondent shall not constitute a knowable defense against the legal effect thereof. This includes any revisions or as amended thereof. Any involvement with the CITY and/or SBEP shall be in accordance with but not limited to:

1. City 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

Procurement Official, Ordinance 07-4763

d. Travel Policy, Administrative Regulation 024.A008.0623

2. Sarasota Bay Estuary Program Charter Regulations and Federal Regulations

a. This agreement shall be governed by the laws of the State of Florida. Respondent 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. Respondent 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. Pursuant to Florida Statutes Section 119.071, Public Records, General exemptions from inspection or copying of public records, sealed responses received by the CITY on behalf of the

SBEP. Pursuant to this, sealed Bids, Proposals, or Replies received by an agency pursuant to a competitive solicitation are exempt from s. 119.07(1) and s. 24(a), Art. I of the State

Constitution until such time as the agency provides notice of an intended decision or until 30 days after opening the Bids, Proposals, or final Replies, whichever is earlier.

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

2.13. NEGLIGENCE OR BREACH OF CONTRACT DISCLOSURE

A. The Purchasing Division will conduct a due diligence search of completed or pending litigation going back approximately five years.

B. Respondent may be required to provide additional information related to litigation related to negligence or breach of contract.

C. Failure to provide additional information, as requested, could result in the Respondent being declared non-responsive.

D. Additionally, Respondents may be declared “not responsible” due to past or pending litigation that are relevant to the subject procurement such that they call into question the ability of the Respondent to assure good faith performance. This determination may be made by the Procurement Official, after consultation with the City Attorney.

2.14. TAXES

This section may not be applicable to all Solicitations. The CITY and SBEP do not pay Federal Excise and State

Taxes on direct purchases of tangible personal property or services. An exemption certificate will be provided to the contract holder upon issuance of a purchase order. This exemption does not apply to tangible personal property or services purchased by a contract holder for their use in the performance of an awarded contract based on this Solicitation. Nothing herein shall affect the Respondent's normal tax liability. The SBEP reserves the right, at the SBEP's sole option, to issue direct purchase orders for applicable supplies and equipment to be utilized in this project or service.

2.15. ERRORS AND OMISSIONS

A. In the event of multiplication/addition error(s), the unit price shall prevail. Written prices shall prevail over figures where applicable. All Responses shall be reviewed mathematically and corrected, if necessary, using these standards, prior to additional evaluation.

B. Approval by SBEP of the successful Respondent’s work product for the project shall not constitute nor be deemed a release of the responsibility and liability of the successful Respondent for the accuracy and competency of the successful Respondent's designs, drawings, specifications or other documents and work pertaining to this Solicitation. Additionally, approval by the SBEP of the successful

Respondent’s work product shall not be deemed to be an assumption of drawings, specifications or other documents prepared by the successful Respondent for the project. After acceptance of the final plans, Scope of Work or other documents by the SBEP, the successful Respondent agrees, prior to and during the execution of the project scope, to perform such successful services, at no additional cost to the SBEP, as may be required by the SBEP to correct errors or omissions on the plans, drawings, Scope of Work or other services prepared by the successful Respondent pertaining to the Solicitation.

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 Response on a contract to provide any goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work, may not submit Responses on leases or real property to a public entity, may not be awarded or perform work as a contractor/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

In accordance with Florida Statutes § 787.06(13), when a contract is executed, renewed, or extended between a non-governmental entity and a governmental entity, the non-governmental entity must provide the governmental 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 Respondent 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 Response on a contract to provide goods or services to a public entity, may not submit a Response on a contract with a public entity for the construction or repair of a public building or public work, may not submit Response on leases of real property to a public entity, may not award or perform work as a contractor, 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 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 http://www.dms.myflorida.com/ 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. ROYALTIES AND PATENTS

A. The Respondent, without exception, shall indemnify and save harmless the CITY and SBEP and their employees from liability of any nature or kind, including costs and expenses for or on account of any copyrighted, patented, or unpatented invention process, or article manufactured by the

Respondent. The Respondent has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the Respondent is based solely and exclusively upon the CITY or SBEP alteration of the article. The

CITY or SBEP will provide prompt written notification of a claim of copyright or patent infringement.

B. Further, if such a claim is made or is pending, the Respondent may at its option and expense procure for the CITY or SBEP the right to continue to use or replace or modify the article to render it non-infringing. If none of the alternatives are reasonably available, the CITY or SBEP agrees to return the article on request to the Respondent and receive reimbursement if any as may be determined by a court of competent jurisdiction. If the Respondent uses any design, device or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the response prices shall include all royalties or cost arising from the use of such design, device or materials in any way involved in the work.

2.20. PURCHASING COOPERATIVE AND PIGGYBACKING

It is the intent of this Solicitation to include requirements and to obtain responses on behalf of the CITY and

SBEP and reserve the right for other public entities to obtain purchases from this Solicitation, including any and all local, county, public educational institutions, non-profits, and the State of Florida. Pursuant to their own governing laws, and subject to the agreement of the vendor, other entities may be permitted to make purchases at the Terms and Conditions contained herein. The CITY and SBEP will not be financially responsible for the purchases of other entities from this Solicitation.

2.21. DELIVERY

Unless otherwise specified, all prices are to be FOB-Destination.

2.22. PRE-SOLICITATION CONFERENCE

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

SBEP of any responsibility to notify a Respondent of additional requirements unless those questions or requirements are identified in the conference are submitted in writing.

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

C. Pre-solicitation conferences maybe held electronically, by phone conference or webinar depending on the nature of the Solicitation and as determined by the Procurement Official.

2.23. FUNDING

Solicitation 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 Solicitation. The SBEP shall provide prompt written notice to the Respondent that sufficient funds have not been appropriated to continue its full and faithful performance under the terms of this solicitation, 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 solicitation.

2.24. SUBCONTRACTING

A. Respondent shall obtain prior written approval from 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 Solicitation or project who is not an employee of the Respondent.

B. Respondent shall supervise, inspect, and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the contract documents. Respondent shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. All work performed for Respondent by a subcontractor or supplier will be pursuant to an appropriate agreement between Respondent and the subcontractor or supplier which specifically binds the subcontractor or supplier to the applicable terms and conditions of the contract documents for the benefit of SBEP. Respondent shall be fully responsible to SBEP for all acts and omissions of the subcontractors, suppliers, and other individuals or entities performing or furnishing any of the work just as Respondent is responsible for Respondent’s own acts and omissions.

2.25. TRAVEL EXPENSE

Travel expenses, if approved by the SBEP, will be reimbursed in accordance with the SBEP'S financial procedures, as outlined in the contract.

2.26. INVOICING

All invoices must contain the purchase order number, require identification information, and reflect the contract prices, terms, and conditions. Invoices containing deviations or omissions will be returned to the

Respondent for correction and resubmission. Vendors shall not perform any service or provide products until they have been issued an approved purchase order by the SBEP.

2.27. TIME EXTENSION

A. Time Extension. The SBEP may extend this contract up to one hundred eighty (180) days beyond the expiration date of the existing contract. The price in effect on the last day of the contract shall remain in effect for the contract extension period. Additional extensions shall be subject to agreement of both parties.

B. Continuation of Work. Any work that commences prior to and will extend beyond the expiration date of the current contract period shall, unless terminated by mutual written agreement between the SBEP and the successful Respondent, continue until completion at the same prices, terms and conditions. This must be approved in advance by the SBEP Executive Director, or designated representative.

2.28. RIGHT TO AUDIT

The awarded Respondent shall maintain such financial records and other records as may be prescribed by the

SBEP or by applicable federal and state laws, rules, and regulations. The awarded Respondent shall retain these records for a period of five years after final payment, 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 the subsequent five-year period for examination, transcription, and audit by the SBEP, its designees or other authorized bodies.

2.29. 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 to the 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 contractor 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 contractor, the contractor may not be awarded a public contract for a period of one (1) year after the date of termination.

C. A public agency must require in any contract that the contractor, and any subcontractor thereof, register with and use the E-Verify system to verify the work authorization status of all new employees of the contractor or subcontractor. A public agency or a contractor 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).

2.30. PROTEST PROCEDURES

A. Respondent may file a Notice of Protest by following the procedures in Procurement Ordinance No. 26-

5588 and Resolution 26R-3381 (See also Sec. 2-366 of the City Code of Ordinances).

B. The Sarasota Bay Estuary Program, being an Independent Special District of the State, is bound by both the Florida Administrative Code and Florida Statutes.

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

1. Should there be any conflict between Section 2.3 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.

2.31. INSURANCE

A. The awarded Respondent, prior to the 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, Inc. or approved alternate rating of no less than “A”, Excellent. The CITY and SBEP 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 (COI). The CITY and SBEP 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 Procurement Official, 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:

1. Mandatory Insurance Requirements

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.

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

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

b. Liquor Liability. All vendors serving alcohol as a result of the solicitation will be required to obtain Liquor Liability insurance.

c. Miscellaneous Insurance. All other types of insurance as required by the Scope of Work or specifications.

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

Consultants must have this insurance coverage.

e. Hazardous Material. If work being performed involves hazardous materials, the need to procure and maintain any or all of the following coverage will be specifically addressed upon review of exposure. However, if hazardous materials are identified while carrying out this agreement, no further work is to be performed in the area of the hazardous materials until the

Project Manager and City’s Risk Management Department has been consulted as to the potential need to procure and maintain any or all of the following coverage through a change order to the project.

f. Respondent’s Pollution Liability. For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under this agreement including, but not limited to, all hazardous materials identified under this agreement.

g. Asbestos Liability. For sudden and gradual occurrences in the amount no less than $1,000,000 per claim and $2,000,000 in the aggregate arising out of work performed under this agreement.

h. Disposal. When applicable, the Respondent shall designate the disposal site and furnish a COI from the disposal facility for Environmental Impairment Liability Insurance covering liability for sudden and accidental occurrences in an amount not less than $1,000,000 per claim and

$2,000,000 in the aggregate and shall include liability for non-sudden occurrences in an amount not less than $1,000,000 per claim and $2,000,000 in the aggregate.

i. Hazardous Waste Transportation. When applicable, the Respondent shall designate the hauler and furnish a COI from the hauler for Automobile Liability Insurance and Endorsement MCS90 for liability arising out of the transportation of hazardous materials with an amount not less than $2,000,000 annual aggregate and provide valid EPA identification number. The COI shall clearly state the hazardous materials exposure work being performed under this agreement.

j. Builder’s Risk When applicable, special form coverage shall include, but not be limited to:

i. Storage and transport of materials, equipment, supplies of any kind whatsoever to be used on or incidental to this agreement.

ii. Theft coverage.

iii. Waiver of Occupancy clause endorsement.

iv. Limits of insurance to equal 100% of the insurable completed agreement amount of such additions, or structures, on an agreed amount/replacement cost basis.

v. Maximum deductible clause of $50,000 each claim.

3. Additional Insured. The SBEP, its elected and appointed officials, employees and agents shall be listed by endorsement as additional insured, except for worker’s compensation and professional liability. Further, other designated persons or entities may be required to be listed as additional insured.

4. Certification of Insurance. Awarded Respondent, prior to providing any services pursuant to this agreement, shall furnish to the SBEP proof of insurance, including, but not limited to a COI referencing the SBEP as “additional insured”, except for worker’s compensation and professional liability, and the effectiveness of all required insurance for awarded Respondent, and each of its subcontractors. The COI 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 awarded

Respondent. No work shall commence under this…