Boggy Creek Improvement District
12051 Corporate Boulevard Orlando, FL 32817; Phone: 407-723-5900 www. boggycreekid. org

The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Boggy Creek Improvement District ("District"), scheduled to be held at 3:30 p.m. on Tuesday, December 17, 2019 at 6900 Tavistock Lakes Blvd., Suite 200, Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

For those unable to attend in person, you may participate by telephone:

Phone: 1-844-621-3956	Participant Code: 796 580 192#
BOARD OF SUPERVISORS' MEETING AGENDA

Organizational Matters
Roll Call to Confirm a Quorum
Public Comment Period
Swearing in Newly Appointed Board Member
Consideration of the Minutes of the November 19, 2019 Board of Supervisors' Meeting
Business Matters
Consideration of Resolution 2020-02, Setting Public Hearing to Adopt Amended and Restated Rules of Procedures
Memorandum of Updated Provisions of the District's Rules of Procedures
Redlined Rules of Procedures
Ratification of Requisition Nos. 2018-119 - 2018-120 in November in an amount totaling
$10,041.50 (provided under separate cover)
Ratification of Operation and Maintenance Expenditures Paid in November 2019 in an amount totaling $89,468.69 (provided under separate cover)
Recommendation of Work Authorizations/Proposed Services (if applicable)
Review of District's Financial Position and Budget to Actual YTD Other Business
Staff Reports
District Counsel
District Manager
District Engineer
Construction Supervisor

Supervisor Requests
Adjournment

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BOGGY CREEK IMPROVEMENT DISTRICT

Oath of Office

BOGGY CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS
OATH OF OFFICE

I, 		 	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE
UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF BOGGY CREEK IMPROVEMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA.

Board Supervisor
ACK OWLEDGME T OF OATH BEING TAKE STATE OF FLORIDA
COUNTY OF ORANGE
The foregoing oath was administered before me this __ day of 	, 2019, by ___ 		 	, who personally appeared before me, and is personally known to me or has produced 		as          identification,          and           is the person described in and who took the aforementioned oath as a Member of the Board of Supervisors of Boggy Creek Improvement District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

(NOTARY SEAL)

Notary Public, State of Florida
Print Name:  	
Commission No.: 	Expires: _	_

BOGGY CREEK IMPROVEMENT DISTRICT

Minutes of the November 19, 2019 Board of Supervisors' Meeting

BOGGY CREEK IMPROVEMENT DISTRICT BOARD OF SUPERVISORS' MEETING MINUTES

FIRST ORDER OF BUSINESS

The Board of Supervisors' Meeting for the Boggy Creek Improvement District was called to order on Tuesday, November 19, 2019, at 3:30 p.m. 6900 Tavistock Lakes Blvd., Suite 200, Orlando, FL 32827. Members listed below constituted a quorum.

Also, attending:

Richard Levey Damon Ventura Thad Czapka Heather Isaacs

Jennifer Walden Tucker Mackie Jeff Newton Larry Kaufmann

Scott Thacker Amanda Lane

Chair
Vice-Chair Assistant Secretary Assistant Secretary

PFM
Hopping Green & Sams
Donald W. McIntosh Associates
Construction	Supervisor	&	Construction Committee member
District Landscape Supervisor & Construction Committee member
PFM	(via phone)

SECOND ORDER OF BUSINESS	Public Comment Period

Dr. Levey called for any public comments on any agenda items. There were no members of the public present.

THIRD ORDER OF BUSINESS	Consideration of the Minutes of the October 15, 2019 Board of Supervisors' Meeting

Board Members reviewed the minutes from the October 15, 2019 Board of Supervisors' Meeting.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Minutes of the October 15, 2019 Board of Supervisors' Meeting.

FOURTH ORDER OF BUSINESS

Consideration of Mr. Gasaway's Resignation Letter & Naming a Replacement Supervisor for Seat 3

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Ms. Walden explained that Mr. Gasaway provided his resignation from the Board. Ms. Walden recommended a motion to accept the resignation.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District accepted Mr. Gasaway's Resignation Letter.

Ms. Walden noted that the resignation created a vacancy on the Board and called for nominations naming a replacement Supervisor for Seat 3.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District appointed Mr. Chad Tinetti to fill the vacant seat.

FIFTH ORDER OF BUSINESS	Consideration of OUC Master Lighting Installation, Upgrade and Service Agreement - Nemours Parkway West

Mr. Kaufmann presented the Master Lighting Installation, Upgrade and Service Agreement (Minutes Exhibit A). The proposal includes a fee for approximately $12,000.00 per month. Dr. Levey asked if it was consistent with the District's other lighting agreements. Mr. Kaufmann replied yes. Dr. Levey noted that the banner arms were deleted and that was the question at hand before.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the OUC Master Lighting Installation, Upgrade and Service Agreement - Nemours Parkway West.

SIXTH ORDER OF BUSINESS		Consideration of Resolution 2020-01, Adopting an Amended Budget for FY 2019

Ms. Walden explained that with the Fiscal Year 2019 budget there were several line items that went over the threshold of 10% or $10,000.00. Dr. Levey reviewed the budget and noted that District Management was realigning categorical expenditures. Ms. Walden noted that if certain line items go over $10,000 or 10% of a line item then the Board should amend the budget per the budget resolution that was adopted. Dr. Levey asked if the Board needed to revise the budget if the overall budget did not experience a loss. Ms. Mackie stated that it is a requirement for the Board to amend the budget if the thresholds are exceeded Ms. Walden added that the District has 60 days from the end of the fiscal year to do so.

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On Motion by Mr. Ventura, second by Ms. Isaacs, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved Resolution 2020-01, Adopting an Amended Budget for FY 2019.

SEVENTH ORDER OF BUSINESS		Consideration of Special Warranty Deed to the City of Orlando Conveying Lift Station No. 10 within Lake Nona Town Center Phase 2

Ms. Mackie explained that the District has completed Nemours Parkway West and in connection with that has constructed a lift station. At the conclusion of these projects the District dedicates by Deed to the City of Orlando these lift stations tracts for ownership, operation, and maintenance. She noted there were also several easements that were required just outside the right-of-way and for a force main along the 417 that then turned south toward the lift station. Those easements have been reviewed and considered but are not easements that the District needs to dedicate to the City. Dedication ensures that the City receives fee title to the lift station and all the easements necessary from the Landowner.

Ms. Isaacs asked if there was an acceptance letter from the City stating that they accept the lift station as it is and there is no way they can come back to the Board and request the District to make any improvements. Mr. Newton responded that the District has a Certificate of Completion from the City. The City code says that issuance of a Certificate of Completion is their acceptance for the improvements.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Special Warranty Deed to the City of Orlando Conveying Lift Station No. 10 within Lake Nona Town Center Phase 2.

EIGHTH ORDER OF BUSINESS	Ratification	of	Requisition Nos. 2018-107R-2 & 2018-110 -
2018-118 paid in October 2019 in	an	amount	totaling
$869,597.73

Board Members reviewed the Requisition Nos. 2018-107R-2 & 2018-110 - 2018-118 paid in October 2019 in an amount totaling $869,597.73.

On Motion by Mr. Ventura, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Requisition Nos. 2018-10?R-2 & 2018-110 - 2018-118 paid in October 2019 in an amount totaling $869,597.73.

NINTH ORDER OF BUSINESS

Ratification of Operation and Maintenance	Expenditures
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Paid in October 2019 in an amount totaling $166,197.84

Board Members reviewed the Operation & Maintenance expenditures paid in October 2019 in an amount totaling $166,197.84.

On Motion by Ms. Isaacs, second by Mr. Ventura, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District ratified the Operation & Maintenance expenditures paid in October 2019 in an amount totaling $166,197.84.

TENTH ORDER OF BUSINESS		Recommendation	of	Work Authorizations/Proposed Services

Mr. Kaufmann recommended a Work Authorization to Donald W. McIntosh Associates, Inc. for the sketches and descriptions of all of the utilities and rights-of-ways outside the boundary of the right-of-way for Nemours West in the amount of $5,250.00.

On Motion by Ms. Isaacs, second by Mr. Czapka, with all in favor, the Board of Supervisors for the Boggy Creek Improvement District approved the Work Authorization in the amount of $5,250.00 to Donald W. McIntosh Associates, Inc. for the sketches and descriptions of all of the utilities and rights-of-ways outside the boundary of the right-of-way for Nemours West.

ELEVENTH ORDER OF BUSINESS	Review of District's Financial Position and Budget to Actual YTD

Board Members reviewed the Statement of Financial Position and Budget to Actual. Ms. Walden stated that the first four pages show the financials through the end of Fiscal Year 2019 and reflect what the Board saw with amending the budget. The items after that are for the first month of the new fiscal year. She explained that the District is running under budget. No action is required by the Board.

TWELFTH ORDER OF BUSINESS	Staff Reports

District Counsel - District Manager -

No Report

Ms. Walden noted that the next Board Meeting is scheduled for Tuesday, December 17, 2019.

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District Engineer -

Construction Supervisor -

Mr. Newton distributed the Construction Status Memorandum (Minutes Exhibit B). He explained that there are only two active projects with the District at this point. Nemours Parkway Phase 7 which has been completed and is open to traffic. The only thing keeping the District from closing it out is the startup of the lift station in the Greenaway District. He reminded the Board that this is a shared project. The second is the traffic signal at Helios and Lake Nona Boulevard should be started within the next couple of weeks with the prep work. The signal should go up in late January or early February.

No Report

THIRTEENTH ORDER OF BUSINESS	Supervisor and Audience Comments & Adjournment

There were no Supervisor requests or audience comments. Dr. Levey requested a motion to adjourn.

On Motion by Mr. Czapka, second by Mr. Ventura, with all in favor, the November 19, 2019 Meeting of the Board of Supervisors for the Boggy Creek Improvement District was adjourned.

Secretary/Assistant Secretary	ChairNice Chair

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BOGGY CREEK IMPROVEMENT DISTRICT

Resolution 2020-02,
Setting Public Hearing to Adopt Amended & Restated Rules of Procedures

RESOLUTION 2020-02
A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BOGGY CREEK IMPROVEMENT DISTRICT TO DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING AMENDED AND RESTATED RULES OF PROCEDURE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, Boggy Creek Improvement District (the "District") is a local unit of special­ purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated within the City of Orlando, Florida; and

WHEREAS, the Board ofSupervisors ofthe District (the "Board") is authorizedby Section 190.011(5), Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BOGGY CREEK IMPROVEMENT DISTRICT:
SECTION 1. A Public Hearing will be held to adopt the District's Amended and Restated Rules    of    Procedure    on    _ 	. 2020, at _ .m., at

SECTION 2. The District Secretary is directed to publish notice of the hearing in accordance with Section 120.54, Florida Statutes.
SECTION 3. This Resolution shall become effective immediately upon its adoption.
PASSED AND ADOPTED this 17th day of December, 2019.

ATTEST:

Secretary/Assistant Secretary

BOGGY CREEK IMPROVEMENT DISTRICT

Chairperson, Board of Supervisors

BOGGY CREEK IMPROVEMENT DISTRICT

Memorandum

Hoppinf1	ireen & s�nns
Attorneys and Counselors

MEMORANDUM

TO:

FROM: RE: DATE:

Boggy Creek Improvement District Board of Supervisors
Tucker F. Mackie
Updated Provisions of the District's Rules of Procedure December 17, 2019

Please find attached to this memorandum an updated version of the Boggy Creek Improvement District's (the "District's") Rules of Procedure (the "Rules"). Several substantive revisions were made to maintain consistency between the Rules and the current Florida Statutes, including changes implemented in the most recent legislative session, as well as to facilitate greater efficiency in the operation of the District. An explanation of each material change to the Rules is provided below. Minor formatting changes and edits are not discussed. Should you have any questions regarding the revisions to the Rules, please do not hesitate to contact me via e-mail at TuckerM@hgslaw.com or via phone at 850-222-7500.
Costs Associated With Public Records Requests (Page 8-9)
Language was added to Rule 1.2(4) to reflect statutory language regarding calculation of special charges for responding to certain public records requests, and to state that the District is under no duty to produce requested records if the requestor has not paid the required costs or has outstanding charges. The language will help minimize expenses incurred by the District in responding to public records requests.
Financial Disclosure Coordination (Page 9)
Rule 1.2(7) was added to maintain consistency with legislation that was passed during the 2019 legislative session. The rule designates the Secretary as the District's Financial Disclosure Coordinator (the "Coordinator") (unless the District designates otherwise by resolution) and requires the Coordinator to create, maintain, and update certain records and provide them to the Florida Commission on Ethics by certain deadlines. Each Supervisor or other Reporting Individual must notify the Coordinator in writing if there are changes to his or her name, e-mail address, or physical address, and must notify the Commission on Ethics of changes to his or her e-mail address.
Agenda and Meeting Materials (Page 11)

Rule 1.3(3) was amended to reflect statutory requirements that the agenda and meeting materials available in an electronic format, excluding confidential and exempt information, shall be

Post Office Box 6526	Tallahassee, Florida  32314	119 South Monroe Street, Suite  300 (32301)	850 222 7500	850 224 8551 fax	www hgslaw.com

made  available  to  the  public  at  least  seven  days  before  a  meeting,  hearing,  or  workshop.  The amended rule also clarifies circumstances in which the agenda may be amended or additional materials added after initial posting. It additionally specifies which documents constitute "meeting materials." Documents that do not meet the definition of "meeting materials" may still be provided to the Board, but will be considered supplementary materials and are not required to be made available to the public before the meeting. Supplementary materials may include, but are not necessarily limited to, the following: financial statements, informational reports, and copies of receipts and invoices.

Flexibiljty for Board Authorization (Page 1 3)

Language was added to Rule 1 .3( 1 1 ) to allow the Board to waive formal approval or disapproval procedures. This will allow the Board flexibility to use different procedures when necessary and will protect the validity of the Board's actions where there is a technical irregularity but the Board has otherwise made its decision clear.
Security and Fire afety Board Discussions (Page J 4)
Rule 1.3(14) was added to reflect the fact that portions of a meeting which would reveal a security or firesafety system plan or portion thereof made confidential and exempt by Florida law are exempt from Florida's statutory public meeting requirements. Including this rule will clarify the procedures the Board should use to ensure that confidential and exempt information is not made public.

Internal Controls to Prevent Fra ud, Waste and Abuse (Page 1 5)

Rule 1 .4 was added to reflect legislative changes enacted in the 20 19 legislative session requiring special districts to establish and maintain internal controls to prevent fraud, waste, and abuse.  Our  office  plans  to  work  with  the  District  Manager  and  auditor  to  develop  the  internal controls, which the Board will adopt in the same manner as it does policies.
Notice ofCompetiti e Sol icitation (Pages 27 and 36)

Rules 3.1 (3) and 3.3(2)(c) have been amended to state that when a consultant has asked to be provided with notice of the District's competitive solicitations, the District Manager's failure to provide them with a copy of the notice will not give them bid protest rights or otherwise disqualify the District's otherwise valid procurement. This will reduce the District's exposure to potential bid protests and decrease the likelihood of a procurement being considered invalid due to a technical irregularity.

Procedure Regarding Auditor Selection (Page 3 1)

Language has been added to the introductory paragraph to Rule 3.2 to clarify that the District need not use the procedures set out by the Rule for audits required under Chapter 1 90 of the Florida Statutes but which do not meet the thresholds of Chapter 218 of the Florida Statutes.
Additionally, the requirements for composition of the Auditor Selection Committee in Rule 3.2(2) have been amended to reflect legislation passed during the 20 19 legislative session. Now, at

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least one individual on the Committee must be a member of the Board; the Chairperson of the Committee must be a member of the Board; and an employee, chief executive officer, or chief financial officer ofthe District may not be a member of the Committee but may serve in an advisory capacity.

ontract Periods (Pages 34. 56, and -9)
Rules 3.2(8)(d), 3.8(5), and 3.9(4) have been amended to set the maximum contract period for auditing services, the maximum renewal period for contracts for the purchase of goods, supplies, materials, and the maximum renewal period for contracts for maintenance services at five (5) years. This will provide greater specificity to guide contract terms.

Suspension. Revocation, or Denial ofQuali fication (Pages 40-42)

Rule 3.4(3) has been added to specify the procedures to be used if the District wishes to suspend, revoke, or deny a pre-qualified vendor's pre-qualified status. It specifies what constitutes good cause for such suspension, revocation, or denial; the effect of the suspension, revocation, or denial; hearing procedures the District must follow; and factors influencing the time period of the suspension, revocation, or denial.

Protest Bonds (Pages 6 1-62)

Rule 3 .11 ( 1 )(c) has been amended to require that both the requirement for and the amount of the protest bond be disclosed in the competitive solicitation documents, and to allow the amount of the bond to be any amount within the limits imposed by Florida law.

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Mi nor Changes
The following minor changes have also been made to the Rules:
Rule  I . I (I): This Rule has been amended to clarify requirements for Board members appointed or elected to elector seats. (Page 2).
Rule  l. l(2)(c) and (d): These Rules have been amended to include the words "at least" before the required amounts of the Secretary's or Treasurer's fidelity bonds or employee theft insurance policies to accommodate the possibility ofgreater amounts. (Page 4).
Rule l. I (6): This Rule has been amended to include the Florida Constitution as a governing authority on voting conflicts of interest. This change reflects the recently passed Amendment 12 to the Florida Constitution. (Pages 5-6).
Rules  J . 3( l )(e), ( I )(d), (1)(:Q; and 3.2(9): These Rules were amended to allow inclusion of language substantially similar to that recited in the Rules. (Pages 1 0-1 l and 34).
Rule  1 .3(6):  This Rule was amended to require the chair or vice chair to consult with the District Manager and District Counsel, if they are available, before calling an emergency meeting. (Page 1 2).
Rul e 2.0( 1 2)(d): This Rule has been amended to allow 90 days instead of 60 days for the Board to announce a decision on a petition for variance or waiver of its Rules. (Page 21 ).
Rule 3.0(3)( b): The dollar thresholds in this Rule have been increased to $2,000,000 for a study activity when the fee for such Professional Services to the District does not exceed the increased amount of $200,000, to reflect the current statutory thresholds. (Page 22).
Rules 3. 1(4}(b), 3 .6(2)(c)(ii)6., and 3 .8(2){k): The word "responsive" has been added to allow the Board to proceed with evaluating and selecting a proposal from the submissions if it receives fewer than three responsive proposals. (Pages 28, 49 and 55).
Rule 3.2(3)( 6): "Understanding of scope of work" has been removed from the list of required factors used to evaluate auditing proposals. The District may still include this as an evaluation criterion if it wishes, but it is not required to do so. (Page 32).
Rule 3.2(7)(b): Language has been added to specify that if the Board does not select the highest­ ranked qualified auditing firm, it must document in its records its reason for not doing so. (Page 33).
Rules 3 .5(2)(e) and 3 .6(2)(c)( ii)3 . : "Reemployment assistance" has been added to the non-exclusive list of subjects of federal labor or employment laws of which violation may render a contractor ineligible to submit a bid, response, or proposal for a District project. (Pages 44 and 48).
Rule 3.1 1(6): Language was added specifying that the District may reject all qualifications, proposals, replies, or responses and start the competitive solicitation process anew if all of the bids, proposals, replies, and responses are too high. (Page 63).

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BOGGY CREEK IMPROVEMENT DISTRICT

Redlined Rules of Procedu res

AMENDED AND RESTATED RULES OF PROCEDURE
 	COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS

1.0	General..... . . . . ... .... .. . ..... . .... ....... .... .... . .. . . . ... . . . . . . . . . ... . .. . ....... . .. ....... ... .. .. ... . . . . .. .... .. .. .. ..... . . 	2

I.I
1.2

1.3

Benrd ofSupervisors; Otllcers a-nd Voting . . . ... ........ .. .... . . .. . ... ..... . ............ . ... . 	3
District Offices; P�1blic Information and Inspection ofRecords: Policies:
Sen·ice Contract ReEjuireFRents ... . . .... . . . ...... . . ... . ... .... . ... . .... ... ...... . . . .. . .. ..... . .... .. . 	7
Public Meetings, Hearings, and Workshops . .. . . .. . . . . ... . . .. .. ... . ... . . . . . . .... .. . .... . . . . . .	10

2.0
3.0

Rulemaking Proceedings . . .. . . .. . . . . . .. . .. .. .. . .. . . . . . . . . . .. . .. . . . . . .. . . ... . ....... . ... . . ... . ..... .. . ... . .. .. .. . .. .	15
Competitive Pu rchnse . ..... ........... .... . ... . . . .. .. . ... .. .. . ... . . .. . .. . ... . . .... . . ..... . ... .. .... .... .. .. .. . ... ... .	21
l	Procedt1re UnderThe Consultams ' Competiti,.·e Neg,otiatioa Act ... ..... ....... .	26

 	3.2	Procedure Regarding Auditor Selectio,� .. .. .. . . . . . ...... .. . . . ... .. ........ . . . .. ..... ... .... ... .	30
.,.3	Purchase of Insurance . . .... ... . ..... .. . .. . . .. . ... . .... ......... ... .. ..... . ... . ... .. . . .. . . . ........... .. .	34
3.'I	Pre €JUftIifieatiOl'l: .... . . . ...... . . . . . . . .. . . . ... .. .. . . ... . .. .. .. . . .. . . . . . ... . .. .. . . . ... . . . . . . . . .. . . . . . . . . .. . .... .	36
3.5	CoHstructionCon�racts, Net Design Build ... . .... ... . ..... .. . ... .... .. .. .. ... ..... .. ... . ... . . 	39
3.6	Construction Co,uracts. Design Builcl . ...... .. .. .. ....... . ... ..... . . ... .. .. . . .... .. .. .. .... . .. . . 	43
3.7	Payment aad Performnnee Bonds. .. .... .. . ... . ... . .. .. .. .. ....... . ... .. . .. ........... ......... ... . 	48
Goods Supplies, and Materials . ... . . . . . .. ..... . ... . .. ..... . ... . . .. . ... ... ... . . . ... . ..... . .. .. .... ..  	49
3.9	MaintenaHee Scr,iees .. .. . . .. .. . .. . .. . . .. .... . .. . .. . . ... . .. . . ... . ... . .. .. .. . . .... .. ...... ....... .... . ... . 	53
3. 10	Contractual Services .... . . .. . ..... ...... .... .... .. .... .. .... .. .. .... .. .. . . .. .. . ... ........... . .... .... .. ..	56
3. 11	Protests ·Nith Respect to Proceedings under Rules 3. 1 , 3.2 3.3, 3.4,
3.'i, 3.6, 3.&, and 3.9.. . . . . .... .. . . .. .... .. ... . .... ... . .. ... . .. .. . . ....... .... . .. ... .. . . . .. . .... .. .. .. ... . . . 	57

4.0

Effective Date	60
EFFECTIVE AS OF 	, 20_

TABLE OF CONTENTS
Rule  1 .0	General.	3

Rule 1.1 
Rule 1.2

Rule 1. 3
Rule  1 .4

Board of Supervisors; Officers and Voting	4
District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination	8
Public Meetings, Hearings, and Workshops	11 
Internal Controls to Prevent Fraud, Waste and Abuse	16 

Rule 2.0	Rulemaking Proceedings	17 
Rule 3.0	Competitive Purchase	23

Rule 3.1 
Rule 3.2 
Rule 3.3 
Rule 3.4
Rule 3.5 
Rule 3.6 
Rule 3.7 
Rule 3.8 
Rule 3.9
Rule 3.10 
Rule 3. 1 1 

Procedure Under the Consultants' Competitive Negotiations Act.	28
Procedure Regarding Auditor Selection	32
Purchase of Insurance	3 7
Pre-qualification	39
Construction Contracts, Not Design-Build	44
Construction Contracts, Design-Build	48
Payment and Performance Bonds	53
Goods, Supplies, and Materials	54
Maintenance Services	58
Contractual Services	62
Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9	64

Rule 4.0	Effective Date	67

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Rule 1.0	General.

( 1)

(2)

(3)

(4)

The 	Community Development District (the "District") was created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was established to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the "Rules") is to describe the general operations of the District.
Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary.
Unless specifically permitted by a written agreement with the District, the District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.
A Rule of the District shall be effective upon adoption by affirmative vote of the District Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified in these Rules. Notwithstanding, the District may immediately suspend the application of a Rule if the District determines that the Rule conflicts with Florida law. In the event that a Rule conflicts with Florida law and its application has not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended.

Specific Authority:  §§ 190.011 (5), 1 90.011(15), Fla. Stat.
Law Implemented: §§ 190.011(5), 190.01 1(15), Fla. Stat.

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Rule 1.1 

(1) 

(2)

Board of Supervisors; Officers and Voting.
Board of S upervisors. The Board of Supervisors ofthe District (the "Board") shall consist of five (5) members. Members of the Board ("Supervisors") appointed by ordinance or rule or elected by landowners must be citizens of the United States of America and residents of the State of Florida. Supervisors elected or appointed by residenteleetorsthe Board to elector seats must be citizens of the United States of America, residents of the State of Florida and of the District� and registered to vote with the Supervisor of Elections of the county in which the District is located.,--flfl& and for rhos   elected, sha l l al  o b   qualified Lo run by the   upervi  or of Elections. The Board shall exercise the powers granted to the District under Florida law.
Supervisors shall hold office for the term specified by Section 1 90.006 of the Florida Statutes. If, during the term of office, any Board member(s) vacates their office, the remaining member(s) of the Board shall fill the vacancies by appointment for the remainder of the term(s). If three or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Board members.
Three (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other purposes. A Board member shall be counted toward the quorum if physically present at
the meeting, regardless of whether such Board member is prohibited from, or abstains from, participating in discussion or voting on a particular item.
Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in the Rules or required by law. Subj ect to Rule 1.3( 10), a Board member participating in the Board meeting by teleconference or videoconference -shall be entitled to vote and take all other action as though physically present.
Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection ( 1)(c) of this Rule.

Officers.  At  the  first  Board  meeting  held  after  each  election  where  the  newly elected members take office, the Board shall select a Chairperson, Vice­ Chairperson, Secretary, Assistant Secretary, and Treasurer.
The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District's behalf. The Chairperson shall convene and

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conduct all meetings of the Board. In the event the Chairperson is unable to attend a meeting, the Vice-Chairperson shall convene and conduct the meeting. The Chairperson or Vice-Chairperson may delegate the responsibility of conducting the meeting to the District's manager
("District Manager") or District Counsel, in whole or in part.
The Vice-Chairperson shall be a member ofthe Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice-Chairperson has the authority to execute resolutions and contracts on the District's behalf in the absence of the Chairperson. If the Vice-Chairperson resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairperson. The Vice-Chairperson serves at the pleasure of the Board.

The Secretary of the Board serves at the pleasure of the Board and need not be a member of the Board. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. An employee of the District Manager may serve as Secretary. The Secretary shall be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1 ,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at lea t the amount of one million dollars ($ 1,000,000) that names the District as an additional insured.

The Treasurer need not be a member of the Board but must be a resident of the State of Florida. The Treasurer shall perform duties described in Section 1 90.007(2) and (3) of the Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasurer shall either be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($ 1 ,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at lea t the amount of one million dollars ($ 1 ,000,000) that names the District as an additional insured.
In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, resolutions, and other documents approved by the Board at such meeting. In the event that the Chairperson and Vice-Chairperson are both unavailable to execute a document previously approved by the Board, the Secretary or any Assistant Secretary may execute such document.

5

The Board may assign additional duties to District officers from time to time, which include, but are not limited to, executing documents on behalf ofthe District.

The Chairperson, Vice-Chairperson, and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board.
Committees. The Board may establish committees of the Board, either on a permanent or temporary basis, to perform specifically designated functions. Committees may include individuals who are not members of the Board. Such functions may include, but are not limited to, review of bids, proposals, and qualifications, contract negotiations, personnel matters, and budget preparation.
Record Book. The Board shall keep a permanent record book entitled "Record of Proceedings," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, and corporate acts. The Records of Proceedings shall be located at a District office and shall be available for inspection by the public.
Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation in the county in which the District is located and filed with the local general-purpose governments within whose boundaries the District is located. All meetings of the Board and Committees serving an advisory function shall be open to the public in accord with the provisions of Chapter 286 of the Florida Statutes.
) Voting Conflict of _Interest. The Board shall comply with Section l l 2.3 143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida onstih1tion and Chapters 1 12 and 1 90 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member's special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the  Board member  is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.
When a Board member knows the member has a conflict of interest on a matter coming before the Board, the member should notify the Board's Secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes.

6

If the Board member was elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner's election, the Board member may vote or abstain from voting on the matter at issue. If the Board member was elected by electors residing within the District, the Board member is prohibited from voting on the matter at issue. In the event that the Board member intends to abstain or is prohibited from voting, such Board member shall not participate in the discussion on the item subject to the vote.
The Board's Secretary shall prepare a Memorandum of Voting Conflict (Form 8B) which shall then be signed by the Board member, filed with the Board 's Secretary, and provided for attachment to the minutes of the meeting within fifteen (15) days of the meeting.
If a Board member inadvertently votes on a matter and later learns he or she has a conflict on the matter, the member shall immediately notify the Board 's Secretary. Within fifteen ( 15) days of the notification, the member shall file the appropriate Memorandum of Voting Conflict, which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The Memorandum of Voting Conflict shall immediately be provided to other Board members and shall be read publicly at the next meeting held subsequent to the filing of the Memorandum of Voting Conflict. The Board member's vote is unaffected by this filing.
It is not a conflict of interest for a Board member, the District Manager, or an employee of the District to be a stockholder, officer or employee of a landowner or of an entity affiliated with a landowner.
In the event that a Board member elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner 's election, has a continuing conflict of interest, such Board member is permitted to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the continuing conflict. Only one such continuing Memorandum of Voting Conflict shall be required to be filed for each term the Board member is in office.
Specific Authol"ity: §§ 190.011 (5), 190.011(15), Fla. Stat. Law Implemented: §§ 112.3143, 190.006, 190.007, Fla. S tat.

7

Rule 1.2

(1) 

District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.
District Offices.   Unless otherwise designated by the Board, the official District office shall be the District Manager's office identified by the District Manager. If the District Manager's office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain, but not be limited to, the following documents:
Agenda packages for prior 24 months and next meeting;
Official minutes of meetings, including adopted resolutions of the Board;
Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;
Adopted engineer's reports;
Adopted assessment methodologies/reports;
Adopted disclosure of public financing;
Limited Offering Memorandum for each financing undertaken by the District;
Proceedings, certificates, bonds given by all employees, and any and all corporate acts;
District policies and rules;
Fiscal year end audits; and
Adopted budget for the current fiscal year.
The District Manager shall ensure that each District records office contains the documents required by Florida law.

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software,  or other material,  regardless  of the physical  form,  characteristics,  or means of transmission, made or received in connection with the transaction of official business of the District. All District public records not otherwise restricted by law may be copied or inspected at the District Manager's office during regular business hours. Certain District records can also be inspected and copied at the District's local records office during regular business hours. All written public records requests shall be directed to the Secretary who by these rules is appointed

8

(3)

(4)

as the District's records custodian. Regardless of the fonn of the request, any Board member or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response.   The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.
Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all contract provisions related to a contractor's duty to comply with public records laws.
Fees: Copies.  Copies of public records shall be made available to the requesting person at a charge of $0. 15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by I 4 inches. For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($ 1 .00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of the individual.(fil who is/are qualified to perform the labor. taki ng i n.to ace unt the nature or volume of the public records to be in pected or copied.	he charge may i ncl ude the labor costs of supervisory and/or clerical  staff	hose  as  istance  is  requ i red  to  complete  the  records  reque t ,  in accordance  with  Florida  Jaw.	For purposes  of this  Rule,  the word  "extensive" shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material.	In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in the-this section shall apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. hou ld the person fail to pay th e timate, the District i under no duty to produce

9

(5)

(6)

(7)

the reque ted record _ After the request has been fulfilled, additional payments or credits may be due. The District is under no duty to produce records in response to future records regue t i f the person maki ng the request ow s Lhe District for past unpaid dupl ication charge , spe ial ·er ice charges, or other required payments or credit .
Records Retention. The Secretary of the District shall be responsible for retaining the District's records in accordance with applicable Florida law.
Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.
nlcss specifical ly des ignated by Board
o rdjnator ( ' o rdi nator") for th Di tri t a requi red by tbe Florida Commi  sion on  Ethic  (    omm i   i  n").   The Coordinator   hal l   reale, maintain  and update a li st of the name ,  -mail addre ·ses, physical addre ses, and name  of  the ag ncy of, and the office or posi tion held by, all Supervisors and other per ans requi red by Florida law to fi le a tatement of financial interest due to his or her affi l iation  with  the  District  (' Reporting  I ndividual' ).      he    oordinator   hal l provide thi I i t to the Commission by Februa r y l of each year, which I i t shal l be current a of December 3 1 of the prior year. Each up I isor and R.eporti ng
l ndi idual	hall promptly notify th	Coordinator in wri ti ng i f th re are any changes to such person' s name, e-mail address, or physical address. Each uper isor and Reporti ng lndi idual ·hal l prompt ly not i fy th Commission in th mann r prescribed by th	ommission if there are any changes to such person ' e-
mail address.

Specific Authority: §§ 190.01 1(5), 190.011(1 5), Fla. Stat.
1.nw lmpl<-nwnted:  §§ 1  1 2.3 1446(3), I J2.3 1 45(8)(n)I ., 1 1 9.07, 1 19.070 1   190.006, �FIii.   lal.

Rule 1.3

(1) 

Public Meetings, Hearings, and Workshops.
Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. "General circulation" means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. The annual meeting notice required to be published by Section
1 89.015 of the Florida Statutes, shall be published in a newspaper not of limited subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a week. Each Notice shall state, as applicable:
The date, time and place of the meeting, hearing or workshop;
A brief description of the nature, subjects, and purposes of the meeting, hearing, or workshop;
The District office address for the submission of requests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and
The following or sub tantial ly similar language:- "Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (_)
_	. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955 -8770 or J {800) 9 5-877 l , who can aid you in contacting the District Office."
The following or substantially similar language: "A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based."

1 1 

(2)

(3)

The following or ubstantia l ly imi lar language:- "The meeting [or hearing or workshop] may be continued in progress without additional notice to a time, date, and location stated on the record."
Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board at its next properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.
Agenda.  The District Manager,  under the guidance of District  Counsel  and the Chairperson or V ice-Chairperson, shall prepare a eotiee and an agenda of the meeting/hearing/workshop.	The eotiee aed agenda and any m eting mat rial a ailab le in an electronic format, ex hiding any confidential and any confidential and exempt information, shall be available to the public at least seveRt)' tv,'o (72)
hem=sseven days before the meeting/hearing/workshop� except in an emergency. Meeting materials shall be defined as, and limited to. the ag nda, meeting minutes.  resolution ,  and  a1treements  of the  District  that  District  staff  deems necessary  for   Board   approval.   Inclusion  of  additional   materials   for  Board consideration other than those defined herein as "meeting materials' shall not convert such materials into "meeting materials.' For good cause, the agenda may be changed after it is first made available for distribution, and additional material may be added or pro  ided under separate cover at the meeting.  The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.
The District may, but is not required to, use the following format in preparing its agenda for its regular meetings:
Call to order Roll call
Public comment Organizational matters Review of minutes
Specific items of old business Specific items ofnew business Staffreports
District Counsel
District Engineer
District Manager
Financial Report
Approval of Expenditures Supervisor's requests and comments Public comment
Adjournment

12

(4)

(5)

(6)

(8)

(9)

Minutes. The Secretary shall be responsible for preparing and keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. The Secretary may work with other staff members in preparing draft minutes for the Board 's consideration.
pecial Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre-pay the cost of the copying and postage.
Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable, upon con ul tation with Lhe Distri t M,rnager and Di trict Coun el, if a ailabl , may convene an emergency meeting of the Board without first having complied with sections ( l) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District's website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary� and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The portion of the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.
Bude:et Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
of the Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.
Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and

13 

published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.
(1 0) Participation by Teleconference/Videoconference. District staff may participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary c ircumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.
( 1 1 ) Board Authorization. The District has not adopted Robert's Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting. nless such procedure i wai ed by the Board, Ai!pproval or disapproval of resolutions and other proposed Board actions shall be in the form of a motion by one Board member, a second by another Board member, and an affirmative vote by the majority of the Board members present. Any Board
member, including the Chairperson, can make or second a motion.
(1 2) Continuances. Any meeting or public hearing of the Board may be continued without re-notice or re-advertising provided that:
The Board identifies on the record at the original meeting a reasonable need for a continuance;

The continuance is to a specified date, time, and location publicly announced at the original meeting; and

The public notice for the original meeting states that the meeting may be continued to a date and time and states that the date, time, and location of any continuance shall be publicly announced at the original meeting and posted at the District Office immediately following the original meeting.
(1 3) Attorney-Client Sessions. An Attorney-Client Session is permitted when the District's attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District's auorneysattomey must request such session at a public meeting.- Prior to holding the Attorney-Client Session, the District must give reasonable public notice ofthe time and date of the
session and the names of the persons anticipated to attend the session. -The session must commence at an open meeting in which the Chairperson or Vice­ Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session.   The
discussion during the session is confined to settlement negotiations or strategy

14 

( 1 4)

related to litigation expenses or as may be authorized by law. Only the Board, the District's attorneys (including outside counsel), the District Manager, and the court reporter may attend an Attorney-Client Session. During the session, no
votes may be taken and no final decisions concerning settlement can be made. Upon the conclusion of the session, the public meeting is reopened., and the Chairperson or Vice-Chairperson must announce that the session has concluded. The session must be transcribed by a court-reporter and the transcript of the
session filed with the District Secretary within a reasonable time after the session. The transcript shall not be available for public inspection until after the conclusion of the litigation.

or  would  rev  al  a   ecurity or  fire afety   ystem  plan  or  portion  thereof made confidential  and  exempt  by   ection  1 1 9. 07 1( )(a),  Florida    tatute • are  exempt from the public meeting requirements and other requirements of section 286.01 1 . Florida tatutes, and section 24{b}, Article I of rhe tate Constitution. Should the
Board wish to discuss such matter , members o f the public shall be r qu ired to leave the meeti ng room during such discussion. Any records of the Board's discussion of such matters.  in  ludi ng recordi ngs or minutes,  hall  be maintained a confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law I mplemented:  §§ 189.069(2)(a)16, 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0 1 13, 2Rt,.0114, Fla. Stat.

1 5

Rule 1.4	Internal Controls to Pre enl Frau d, Waste and . buse

(I) 

(a)

(b)

(c)
{d)
(e)

The District shall establish and maintain internal

Prevent a rid det  ct "fraud," "waste'
defined i n sect ion 1 1 .4_ ( I ), Flori da	1te ; and
Pro1	compl ian	i th a pl icable laws, rule contra ts, gran t agreement , and best practice ; and
upport economical and effici nt operation : and Ensure reliabi l ity of fi nancial records and rep011 : and a feguard ass t. .

(2)

Adoption. he internal contro ls to pre enl fraud, waste and abuse shall be adopted and amended by the District in the same manner as District pol icies.

Specific    nthurity:  §§  l 'J0.01 l(S), l !I0.0 11(1 5)1 1;111. ."tal . L1w  l mnlenwnted:  § 2 1 8..33(3). Fla.  'rut.

16 

Rule 2.0

( 1) 

(2)

Rulemaking Proceedings.
Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A "rule" is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the District ("Rule").  Nothing herein shall be construed as requiring the District to consider or adopt rules unless required by Chapter 1 90 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.
Notice of Rule Development.
Except when the intended action is the repeal of a Rule, the District shall provide notice of the development of a proposed rule by publication of a Notice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section
of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subj ect area to be addressed by rule development, provide a short, plain explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.
All rules as drafted shall be consistent with Sections 1 20.54( l )(g) and 1 20.54(2)(b) of the Florida Statutes.

Notice of Proceedings and Proposed Rules.
Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.54 1 (2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 1 20.541(1 ), must do so in writing within twenty­ one (21) days after publication of the notice. The notice shall additionally include a statement that any affected person may request a public hearing

17 

by submitting a written request within twenty-one (2 1) days after the date of publication of the notice. Except when intended action is the repeal of a rule, the notice shall include a reference to both the date on which and the place where the Notice of Rule Development required by section (2) of this Rule appeared.
The notice shall be published in a newspaper of general circulation in the District and each county in which the District is located not less than twenty-eight (28) days prior to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication of notice.
The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least fourteen ( 1 4) days prior to such mailing, have made requests of the District for advance notice of its rulemaking proceedings. Any person may file a written request with the District Manager to receive notice by mail of District proceedings to adopt, amend, or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing. l'fotiee will then be mailed to all persons whom, at least fourteen (14) days prior �o such maili1tg,  have  made  requests  of the  District for aeh·anee  natice  of its proeeedings.

(4)

Rule  Development  Workshops.   Whenever requested in writing  by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the Chairperson must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so.
Petitions to Initiate Ruleruaking.  All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District, or has ft.._substantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to consider whether the public interest is served adequately by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rule. However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

18 

Rul.emaking Materials.   After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:
The text of the proposed mle, or any amendment or repeal of any existing rules;
A detailed written statement of the facts and circumstances justifying the proposed rule;
A copy of the statement of estimated regulatory costs if required by Section 1 20.541 ofthe Florida Statutes; and
The published notice.
	Hearing.   The  District may,  or,  upon the  written request of any  affected person received within twenty-one  (2 1) days after  the  date  of publication of the  notice described in section (3) of this Rule, shall, provide a public hearing for the presentation of evidence, argument, and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings. The District shall publish notice of the public hearing in a newspaper of general circulation within the District either in the text of the notice described in section (3) of this Rule or in a separate publication at least seven (7) days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can provide information about the public hearing. Written statements may be submitted by any person prior to or at the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record.
Emergency Ru.l e Adoption. The Board may adopt an emergency rule if it finds that immediate danger to the public health, safety, or welfare exists which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the District. The District may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.
Negotiated Rulemaking. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120 .54(2)(d) of the Florida Statutes, except that any notices required under Section 1 20. 54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the county in which the District is located.

1 9

)		Rulemaking Record.	In all rulemaking proceedings, the District shall compile and maintain a rulemaking record. The record shall include, if applicable:
The texts of the proposed rule and the adopted rule;
All notices given for a proposed rule;
Any statement of estimated regulatory costs for the rule;
A written summary of hearings, if any, on the proposed rule;
All written comments received by the District and responses to those written comments; and
All notices and findings pertaining to an emergency rule. ( 1 1 ) Petitions to Challenge Existing Rules.
Any person substantially affected by a rule may seek an administrative detennination of the invalidity of the rule on the ground that the rule is an invalid exercise ofthe District's authority.
The petition seeking an administrative determination must state with particularity the provisions alleged to be invalid with sufficient explanation of the facts or grounds for the alleged invalidity and facts sufficient to show that the person challenging a rule is substantially affected by it.
The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agreement of the parties. The failure of the District to follow the applicable rulemaking procedures or requirements in this Rule shall be
presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner and the fairness of the proceedings have not been impaired.
Within  30  days  after  the  hearing,  the  hearing  officer  shall  render  a decision and state the reasons therefor in writing.
Hearings held under this section shall be de novo in nature. The petitioner has a burden of proving by a preponderance of the evidence that the

20

existing rule is an invalid exercise of District authority as to the objections raised. The hearing officer may:

Administer oaths and affirmations;
Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

Enter orders; and

Make or receive offers of settlement, stipulation, and adjustment.

The petitioner and the District shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

(1 2) Variances and Waivers. A "variance" means a decision by the District to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. A "waiver" means a decision by the District not to apply all or part of a rule to a person who is subject to the rule. Variances and waivers from District rules may be granted subject to the following:

Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person, and when application of the rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

A person who is subject to regulation by a District Rule may file a petition with the District, requesting a variance or waiver from the District's Rule. Each petition shall specify:
The rule from which a variance or waiver is requested;
The type of action requested;
The specific facts that would justify a waiver or variance for the petitioner; and

21 

The reason why the variance or the waiver requested would serve the purposes of the underlying statute.

) The District  shall  review  the  petition  and  may  request  only that information needed to clarify the petition or to answer new questions raised by or directly related to the petition. Ifthe petitioner asserts that any request for additional information is not authorized by law or by Rule of the District, the District shall proceed, at the petitioner's written request, to process the petition.

The Board shall grant or deny a petition for variance or waiver, and shall announce such disposition at a publicly held meeting of the Board, within sixty (6(:}ninety ( 0) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. The District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.
( 13) Rates, Fees, Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings. Policies adopted by the District which do not consist of rates, fees, rentals or other charges may be, but are not required to be, implemented through rulemaking proceedings.
Specific Authority: §§ 190.01 1(5), 190.011(15), 190.035, Fla. Stat. Law Implemented: §§ 190.011(5), 190.035(2), Fla. Stat.

22

Rule 3.0

( 1 )

(2)

Competitive Purchase.
Purpose and cope. In order to comply with Sections 1 90.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply to the purchase of Professional Services, insurance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.
Board Authorization . Except in cases of an Emergency Purchase, a competitive purchase governed by these Rules shall only be undertaken after authorization by the Board.
Definitions.
"Competitive Solicitation" means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.
"Continuing Contract" means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed eftetwo million dollars ($+l,000,000), for a study activity when the fee for such Professional Services to the District does not exceed flftytwo hundred thousand dollars ($W200,000), or for work of a specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.
"Contractual Service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes, and these Rules. Contractual Services also do not include any contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of any facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.

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"Design-Build Contract" means a single contract with a Design-Build Finn for the design and construction of a public construction project.

"Design-Build Finn" means a partnership, corporation or other legal entity that:

Is certified under Section 489. 1 1 9 of the Florida Statutes, to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

Is certified under Section 47 1 .023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section 48 1 .219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 48 1 .31 9 of the Florida Statutes, to practice or to offer to practice landscape architecture.

"Design Criteria Package" means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit
Design-Build Finns to prepare a bid or a response to the District' s Request for Proposals, or to permit the District to enter into a negotiated Design­ Build Contract. The Design Criteria Package must specify performance­ based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and past work of the firms, including the partners and members thereof.

"Design Criteria Professional" means a firm who holds a current certificate of registration under Chapter 48 1 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 47 1 of the Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the Design Criteria Package.
"Emergency Purchase" means a purchase necessitated by a sudden unexpected tum of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds

that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.
	"Invitation to Bid" is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and defining the commodity or service involved. It includes printed instructions prescribing conditions for bidding, qualification, evaluation criteria, and provides for a manual signature of an authorized representative. It may include one or more bid alternates.
"Invitation to Negotiate" means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or services.
	"Negotiate" means to conduct legitimate, arm's length discussions and conferences to reach an agreement on a term or price.
"Professional Services" means those services within the scope of the practice of architecture, professional engineering, landscape architecture, or registered surveying and mapping, as defined by the laws of Florida, or those services performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice.
"Proposal (or Reply or Response) Most Advantageous to the District" means, as determined in the sole discretion of the Board, the proposal, reply, or response that is:
Submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;
The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and
For a cost to the District deemed by the Board to be reasonable.
"Purchase" means acquisition by sale, rent, lease, lease/purchase, or installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State of Florida.

25

"Request for Proposals" or "RFP" is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, qualifications, proposal instructions, work detail analysis, and evaluation criteria as necessary.
"Responsive and Responsible Bidder" means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. "Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response that confonns in all material respects to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith perfonnance. In determining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:
The ability and adequacy of the professional personnel employed by the entity/individual;
The past performance ofthe entity/individual for the District and in other professional employment;
The willingness of the entity/individual to meet time and budget requirements;
The geographic location of the entity's/individual's headquarters or office in relation to the project;
The	recent,	current,	and	projected	workloads	of	the entity/individual;
The volume of work previously awarded to the entity/individual;
Whether the cost components of the bid or proposal are appropriately balanced; and
(vi ii)	Whether the entity/individual 1s a certified minority business enterprise.

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"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these Rules, and the cost components of which, if any, are appropriately balanced. A bid, proposal, reply or response is not responsive if the person or firm submitting it fails to meet any material requirement relating to the qualifications, financial stability, or licensing of the bidder.
Specific Authority: §§ 190.01 1(5), 190.01 1(15), Fla. Stat.
Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

27

Rule 3.1

(1) 

(2)

Procedure Under +hethe Consultants' Competitive Negotiations Act.
Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
287.0 17 of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.0 17 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.
Qualifying Procedures. In order to be eligible to provide Professional Services to the District, a consultant must, at the time of receipt of the firm's qualification submittal: 

(a)

(b)
(b}
(c)

(d)

Hold all required applicable federal licCJ1ses in good sta.'1ding, ifany: Hold all required applicable state professional licenses in good standing; Hold all required applicable federal I icenses in good standing, if any:
Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the consultant is a corporation; and
Meet any qualification requirements set forth in the District's Request for Qualifications.

(3)

Evidence of compliance with this Rule may be submitted with the qualifications, if requested by the District. In addition, evidence of compliance must be submitted any time requested by the District.
Public Announcement. Except in cases of valid public emergencies as certified by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply for consideration. The notice shall appear in at least one ( l) newspaper of general circulation in the District and in such other places as the District deems appropriate. The notice must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data.  Constiltants •Nho provide their name and address to the District Manager for inclusion on the list shall  reeei�•e

28

(4)

notices by mail.Th	District  shall  make  reasonable  efforts  LO provide  copie   of  any notices t o sucb consultants. but the failure t o d o s o shall not give such consultants any bid prolest or other rights or otherwise di squa l i fy any ther ise ali d procurement proce  .	The Board has the right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.
Competitive Selection.
The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and performance ability, as well as any statements of qualifications on file. The Board shall conduct discussions with, and may require public presentation by consultants regarding their qualifications, approach to the Project, and ability to furnish the required services. The Board shall then select and list the consultants, in order of preference, deemed to be the most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:
The ability and adequacy of the professional personnel employed by each consultant;
Whether a consultant is a certified minority business enterprise;
Each consultant's past performance;
The willingness of each consultant to meet time and budget requirements;
The geographic location of each consultant's headquarters, office and personnel in relation to the project;
The recent, current, and projected workloads of each consultant; and
The volume of work previously awarded to each consultant by the District.
Nothing in these Rules shall prevent the District from evaluating and eventually selecting a consultant if less than three (3) Responsive qualification packages, including packages indicating a desire not to provide Professional Services on a given Project, are received.
If the selection process is administered by any person or committee other than the full Board, the selection made will be presented to the full Board

29

(5)

with a recommendation that competitive negotiations be instituted with the selected finns in order of preference listed.
(d) Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3. 11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's ranking decisions under this Rule shall be in accordance with the procedures set forth in Rule 3. 1 1 .
Competitive Negotiation.
After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm listed as most qualified to perform the required Professional Services at a rate or amount of compensation which the Board determines is fair, competitive, and reasonable.
In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract for more than the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting." In addition, any professional service contract under which such a certificate is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs."
Should the District be unable to negotiate a satisfactory agreement with the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory agreement with the second firm cannot be reached, those negotiations shall be terminated and negotiations with the third most qualified firm shall be undertaken.
) Should the District be unable to negotiate a satisfactory agreement with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications.

30

Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.
	011tracts; Public Records.  In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Conti nuing Contract . Nothing in this Rule shall prohibit a Continuing Contract between a consultant and the District.

Emergency Purchase. The District may make an Emergency Purchase without complying with these Rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.
Specific Authority: §§ 190.01 1(5), 190.011(15), Fla. Stat.
Law I mplemented: §§ 119.0701, 190.01 1(3), 190.033, 287.055, Fla. Stat.

31 

Rule 3.2	Procedure Regarding Auditor Selection.
In order to comply with the requirements of Section 21 8.39 1 of the Florida Statutes, the following procedures are outlined for selection of firms or individuals to provide  Auditing Services and for the negotiation of such contracts. For audit requ i red under Chapt r 1 90 of the lorida Statutes but not meeting the thresholds of Chapter 2 1 8 of the Florida SLatut • the Dist rict need not follow these procedures but may proceed with the selection of a fi rm or individual to pro  ide Auditing Services and for the  ne!a!otiation of  such contracts in the manner the Board determines is in the best interests of the District.
( 1)       Definitions.
"Auditing Services" means those services within the scope of the practice of a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

"Committee" means the tffiffitauditor selection committee appointed by the Board as described in section (2) of this Rule.

(2)

Establishment of At:14-tAuditor Selection onunittee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an attditauditor selection committee ("Committee"), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 21 8.39 of the Florida Statutes. The Committee sho1:tlashall include at least three individuals, some or allat least one of
·.,·ho1' R ITIR)'   h ich  must  also serve  as fflemhersbe  a  member  of the  Board.   The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must be a  member  of the  Board.   An  employee, a  ch ief ex.ecuti  e  o fficer, or a  chief
financial officer of the District may not serve as a member of the ommittee; pro ided howe er such ind i idual may er e the Committee i n an ad isory capacity.

Establishment of Minimum Qual ifications and Evaluation Criteria. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Committee shall meet at a publicly noticed meeting to establish minimum qualifications and factors to use for the evaluation of Auditing Services to be provided by a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.
Min imum Qualifications. In order to be eligible to submit a proposal, a firm must, at all relevant times including the time of receipt of the proposal by the District:

32

Hold all required applicable 4:ee-e-ffH tate profe sional licenses m good standing. ifoAy;
Hold  all  required  applicable sta�e profussfm�elfederal  licenses  m good standing, if any;
Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation; and
Meet any pre-qualification requirements established by the Committee and set forth in the RFP or other specifications.
If requested in the RFP or other specifications, evidence of compliance with the minimum qualifications as established by the Committee must be submitted with the proposal.
Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:
Ability of personnel;
Experience;
Unelers�01�ding ofscope of •,,,ork:
Ability to furnish the required services; and

(-Yi..)		Such other factors as may be determined by the Committee to  be applicable to its particular requirements.
The Committee may also choose to consider compensation as a factor. If the Committee establishes compensation as one of the factors, compensation shall not be the sole or predominant factor used to evaluate proposals.
Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one ( l) newspaper of general circulation in the District and the county in which the District is located. The public announcement shall allow for at least seven (7) days for the submission ofproposals.

33 

Request  for  Proposals.    The  Committee  shall  provide  interested  firms  with  a Request for Proposals ("RFP"). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee determines is necessary for the finn to prepare a proposal. The RFP shall state the time and place for submitting proposals.
Committee's Evaluation of Proposals and Recommendation. The Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals and may, as part of the evaluation, require that each interested firm provide a public presentation where the Committee may conduct discussions with the firm, and where the firm may present information, regarding the firm's qualifications. At the public meeting, the Committee shall rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to subsection (3 )(b) of this Rule. If fewer than three firms respond to the RFP or if no firms respond to the RFP, the Committee shall recommend such firm as it deems to be the most highly qualified. Notwithstanding the foregoing, the Committee may recommend that any and all proposals be rejected.
Board Selection of Auditor.
Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shall immediately begin negotiations with the second ranked finn. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shall be terminated and negotiations with the third ranked firm shall be undertaken. The Board may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms' respective competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.
Where compensation was selected as a factor used in evaluating the proposals,  the  Board  shall  select  the  highest-ranked  qualified  finn:-__QI document in it pub lic records the rea on for not select ing the highe t­ ranked qual ified finu .

34

In negotiations with firms under this Rule, the Board may allow the District Manager, District Counsel, or other designee to conduct negotiations on its behalf.
Notwithstanding the foregoing, the Board may reject any or all proposals. The Board shall not consider any proposal, or enter into any contract for Auditing Services, unless the proposed agreed-upon compensation is reasonable to satisfy the requirements of Section 218.39 of the Florida Statutes, and the needs of the District.
Contract. Any agreement reached under this Rule shall be evidenced by a written contract, which may take the form of an engagement letter signed and executed by both parties. The written contract shall include all provisions and conditions of the procurement of such services and shall include, at a minimum, the following:

(a)

(b)

(c)

(d)

A provision specifying the services to be provided and fees or other compensation for such services;
A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract;
A provision setting forth deadlines for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than Jtf.l.y-+June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;
A provision specifying the contract period, including renewals.,, and conditions under which the contract may be terminated or renewed. The maximum  contract period  including renewals  shaJl  be  f  i  e (5) years.  A renewal may be done without the use of the auditor selection procedures provided in this Rule, but must be in writing.
Provisions required by law that require the auditor to comply with public records laws.

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3 .1 1 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests regarding the award of contracts under this Rule

35

shall be as provided for in Rule 3.1 1. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.
Specific Authority: §§ 190.011 (5), 1 90.01 1(15), Fla. Stat.
Law Implemeuted:  §§ 1 19.0701, 218.33, 218.391 , Fla. Stat.

36

Rule 3.3

(l) 

(2)

Purchase of Insurance.
Scope. The purchases of life, health, accident, hospitalization, legal expense, or annuity insurance, or all of any kinds of such insurance for the officers and employees of the District, and for health, accident, hospitalization, and legal expenses upon a group insurance p lan by the District, shall be governed by this Rule. This Rule does not apply to the purchase of any other type of insurance by the District, including but not limited to liability insurance, property insurance, and directors and officers insurance. Nothing in this Rule shall require the District to purchase insurance.

Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed:

(a)
(b)

(c)

The Board shall cause to be prepared a Notice oflnvitation to Bid.

Notice of the Invitation to Bid shall be advertised at least once m a newspaper of general circulation within the District. The notice shall allow at least fourteen (1 4) days for submittal of bids.
The District may maintain a list of persons interested in receiving notices of Invitations to Bid.   PersoRs who 13ro�·ide their nAfFle aHd adelress to tke District Manager for inclusion on lhe list shall receive notices by mail.The District shall make reasonable efforts to pro ide copies of any notices to su h persons. but the failure to do so shall not gi e such consultants any bid  protest  or  other  rights  or  otherwis    disqual ify  any otherwis     alid pro  LLr  ment process.

Bids shall be opened at the time and place noted in the Invitation to Bid.
If only one (1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase.

The Board has the right to reject any and all bids and such reservations shall be included in all solicitations and advertisements.

Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies that have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, the cost, if any, to the District officers, employees, or their dependents, the geographic location of the company's headquarters and

37

offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.
Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3. 11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect.  Protests of the District's procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3 .11 .
Specific Authorit)•: §§ 190.011 (5), 190.011(15), Fla. Stat. Law Implemented: § 112.08, Fla. Stat.

38 

Rule 3.4

(1) 

(2)

Pre-qualification

Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to provide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.
Procedure. When the District seeks to pre-qualify vendors, the following procedures shall apply:

The Board shall cause to be prepared a Request for Qualifications.

For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed pre­ qualification criteria and procedures and allow at least seven (7) days notice of the public hearing for comments on such pre-qualification criteria and procedures. At such public hearing, potential vendors may object to such pre-qualification criteria and procedures. Following such public hearing, the Board shall formally adopt pre-qualification criteria and procedures prior to the advertisement of the Request for Qualifications for construction services.
The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall allow at least seven (7) days for submittal of qualifications for goods, supplies and materials, Contractual Services, maintenance services, and construction services under two hundred fifty thousand dollars ($250,000). The notice shall allow at least twenty-one (2 1) days for submittal of qualifications for construction services estimated to cost over two hundred fifty thousand dollars ($250,000) and thirty (30) days for construction services estimated to cost over five hundred thousand dollars ($500,000).

The District may maintain lists of persons interested in receiving notices of Requests for Qualifications. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any pre-qualification determination or contract awarded in accordance with these Rules and shall not be a basis for a protest of any pre-qualification determination or contract award.

) If the  District  has  pre-qualified  vendors  for  a  particular category of purchase, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies or

39 

responses in response to the applicable Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

In order to be eligible to submit qualifications, a firm or individual must, at the time of receipt of the qualifications:

Hold theall required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and
Meet any special pre-qualification requirements set forth in the Request for Qualifications.

Evidence of compliance with these Rules must be submitted with the qualifications if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the qualifications.

Qualifications shall be presented to the Board, or a committee appointed by the Board, for evaluation in accordance with the Request for Qualifications and this Rule. Minor variations in the qualifications may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature.
All vendors determined by the District to meet the pre-qualification requirements shall be pre-qualified. To assure full understanding of the responsiveness to the requirements contained in a Request for Qualifications, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion and revision of qualifications. For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the project.

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of qualification preparation or submittal from the District.

40

(3)

W (j) Notice of intent to pre-qualify, including rejection of some or all qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3. 11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the
District's pre-qualification decisions under this Rule shall be in accordance with the procedures set forth in Rule 3 .11; provided however, protests related to the pre-qualification criteria and procedures for construction services shall be resolved in accordance with section (2)(b) of this Rule and Section 255.20( 1 )(b) of the Florida Statutes.
Suspension, Revocation. or Denial of Qualification
	he  District ,  for  good  cause. may deny,  suspend, or  revoke  a  pregual i fied vendor's pre-qual i fied status. A su pen ion. re ocation, or denial for good cau e shal l prohibit th vendor from biddin! ! on any Di rrict con truct ion contract for which quali fi  ation i   required,  hal l con  titute a d  termi nation of  non-respon ibi Iity t o bid on any other District construction o r maintenance ontracr , and hal l prohibit the vendor from acting a a mat rial supplier 0r subcontractor on any District contract or project duri ng the p riod of suspen ion. re ocation, o r denial. Good cause shal l include the fol lowing:
1 .     One ofthe circumstances specified under Section 337. 1 6(2), Fla. Stat., has occurred.
11. A ffi l iated contractors submi tted mor than one proposal for the same work. In th is event the pre-qual i fied status of all of the affiliated bidders  wi ! !  be  re  oked, suspended, or  denied.     II  bids of affiliated bidders wi ! J be rejected .
111 . The vendor made or submitted false, deceptive, or fraudulent statements. certi fications, or materials in any claim for payment or any i nformation requi red by any Di strict contract.
1v. The vendor or its affiliate defaulted on any contract or a contract surety assumed c ntrol o f financial responsibil it y for any contract of the vendor.
The vendor's qual ification to bid is suspended, revoked, or denied by any  other public  or  semi-publ ic  entity,  or  the  vendor  has  been  the subject  of a ci vil  enforcement  proceeding or  settlement  invol  mg a pub l ic or  emi-public entity.
v1.   The vendor failed to comply with contract or warranty requirements or failed to follow District direction in the perfonnance ofa contract.

41 

11 .		he   endor fai led to Lime!y furni  h al l contra  t documents required b the contract	peci fi at ions. spe ial pro i sions. or by any stat	or federal statutes or regu lat ions.  lf the vendor fai ls to  fumi  h any of the subject contract documents by the expiration of the period of suspension. revocation. or denial set forth above. the vendor' s pre­ qual i fied tatu		ha l l remain suspended, revoked, or denied unt i l the documents are furnished.
v 1 11 . The vendor failed to notify the District withi n 1 0 days of the vendor. or any of i t · a ffi l iates, being declared in default or otherwise not completi ng w  rk on a c  ntract or being su pended  from qual i JicaLi  n
to bid or denied qual ification to bid by any other publ ic or semi -publ ic agency.
1x. he vendor did not pay it ubcontractors or suppliers in a timely manner or i n compl iance with contract documents.
x. The vendor has demonstrated i nstances of poor or unsari ·factory performance, deficient management resu l ti ng in project delay. poor quality workman  h ip,  a  h i stmy  o f payment  o f  l iquidated  damages. untimely compI tion of proje ts, uncooperati ve att itude. contract l itigation, i nflated cl aims or defaults.
x1. An affiliate of the vendor has previ ously been determined by the Di  trict to be non-responsible, and the speci fied period of  u spens1on, r  vocation. den ial, or non-responsibility remains in effect.
x 1 1 .    Th	endor or affil iate(s) ha been convicted of a contract crime.
I . The term "contract crime" means any v io lation of state or federnl antitrust laws with respect to a publi contract or any violation of any state or federal law invol viau . fraud. bribery, col lusion,   conspira  v,   or   material   mi srepresentation   wi th respect to a publ ic contract.
2 .   The term "convicted" or "conv iction" means a finding of guilt or a conviction of a contract crime. with or without an adjudication of gui lt , in any federal or state trial court ofrecord as a resu lt of a jury erdict , nonjury t ri al, or entry of a plea of gu i lty o r nolo contendere.
A denial, suspen ion, or re ocat ion hall prohibit the vendor from being a ubcontractor on District work duri ng the p riod of deni al, u pen ion. or revocation. except hen a pri me contractor's bid bas used prices o f a subcontractor who becom s d i qual i fied after the bid, bul before th reque L for authorization to sublet is presented.

42

{c) The Di trict hall inform t h vendor i n writi ng o f i t intent t o deny, su p nd, or revoke its pre-qualified status and inform the vendor of its right to a hearing, the procedure which must be followed, and the applicable time limits. If a heari ng i   requ  sred within 10 clays a fter the receipt of the noti ce of i ntent, the heari ng hall be held wi thi n O davs after rec ipt by the Di trict of the regue t for the hearing. The decision shall be issued \ i ithin 1 5 day after the hearing.
	uch uspension or re ocation shall not affect the vendor' obl igations under any preexisting contract.
In  the  case  of conlra  t  crimes,  the	ndor's  pre-qual i fied   tatu	under  th i Rule  shall  be revoked  indefinitely.  For all violations  of Rule  3 .4(3)(a) other than for the vendor' s conviction for conlracl crimes, the re  ocation, deni al, or u pension of a veudor's pre-quali fied status under this Rule shall be for a peci fic period of ti me based on Lh   seri  usness of the defici ency.
Ex amples of factors a ffecting the eriousness ofa def i i ency are:
I.	h dule. cost, or quali ty of work;
IL    Unsafe conditions allowed to exist;
III. Complaints from the public;
1            v.	Delay or i nterference with the biddi ng proces : v. The potential for repetition:
.	Integrity of the publ ic contracti ngprocess:
VIL Effect on the health, saf e y, and welfare ofthe public.

Specific Autho1·ity: §§ 190.01 1(5), 190.011(15), Fla. Stat.
Law I mplemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

43

Rule 3.5

(1) 

(2)

Construction Contracts, Not Design-Build.
Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 1 90 of the Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255 .20 of the Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and the procedures of Section 255 .20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.
Procedure. When a purchase of construction services is within the scope of this Rule, the following procedures shall apply:
The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.
Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the District and in the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least twenty-one (2 1) days for submittal of sealed bids, proposals, replies, or responses, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of bids, proposals, replies, or responses. If the Board has previously pre-qualified contractors pursuant to Rule 3 .4 and determined that only the contractors that have been pre-qualified will be permitted to submit bids, proposals, replies, and responses, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation need not be published. Instead, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.
The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

44

If the District has pre-qua! ified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.
In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:
Hold fheall required applicable state professional licenses in good standing;
Hold all required applicable federal licenses in good standing, if any;
Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the bidder is a corporation; and
Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.
Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such esincluding but  not  limited  to,  reemployment  assistance,  safety,  tax  withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.
Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response, if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.
Bids, proposals, replies, and responses, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative
is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting; and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. Bids, proposals, replies, and responses shall be evaluated in

45

accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and these Rules. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.
The lowest Responsive Bid submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.
The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No contractor shall be entitled to recover any costs of bid, proposal, response, or reply preparation or submittal from the District.
The Board may require potential contractors to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.
Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses, shall be provided in writing to all contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3. 11 of the Rules of the District shall constitute a waiver of proceedings under those
Rules," or wording to that effect. Protests of the District's purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3. 1 1.

46

If less than three (3 ) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take 1Nh1:Hever steps reasonably necessa1)' iA order 10 proceed with the procurement of construction services, in the manner th Board determines is in the best  interests of the District, which �may include but is not limited to a direct purchase of the construction services without further competitive selection processes.

(3)

Sole ource; Go ernment. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by governmental agencies are exempt from this Rule. This Rule shall not apply to the purchase of construction services, which may include goods, supplies, or materials, that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules. A contract for construction services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

(4)

(6)

Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Pmchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting.

Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the eoR-traetorcontract; or

The District, after public notice, conducts a public meeting under Section 286.01 1 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the proj ect using its own services, employees, and equipment.

47

Specific Authority: §§ 190.01 1(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.
Rule 3.6	Construction Contracts, Design-Build.

(1 ) Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:
Procedure.
The District shall utilize a Design Criteria Professional meeting the requirements of Section 287.055(2)(k) of the Florida Statutes, when developing a Design Criteria Package, evaluating the proposals and qualifications submitted by Design-Build Firms, and determining compliance of the project construction with the Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be the District Engineer selected by the District pursuant to Section
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3. 1. The Design Criteria Professional is not eligible to render services under a Design-Build Contract executed pursuant to the Design Criteria Package.

A Design Criteria Package for the construction project shall be prepared and sealed by the Design Criteria Professional. If the project utilizes existing plans, the Design Criteria Professional shall create a Design Criteria Package by supplementing the plans with project specific requirements, if any.
The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications--:::based selection process pursuant to Rule 3.1. 

(i)

( ii)

Qualifications-Based Selection.  Ifthe process set forth in Rule 3.1 is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.

Competitive Proposal-Based Selection. If the competitive proposal selection process is utilized, the Board, in consultation with the Design Criteria Professional, shall establish the criteria, standards and procedures for the evaluation of Design-Build Proposals based on price, technical, and design aspects of the project, weighted for
the project. After a Design Criteria Package and the standards and procedures  for evaluation  of proposals  have  been developed,

48

compet1t1ve proposals from qualified firms shall be solicited pursuant to the design criteria by the following procedure:
A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least twenty-one (2 1) days for submittal of sealed proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of proposals.

The District may maintain lists of persons interested in receiving notices of Requests for Proposals. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

.		In order to be eligible to submit a proposal, a firm must, at the time of receipt of the proposals:

Hold the required applicable state professional licenses in good standing, as defined by Section 287.055(2)(h) of the Florida Statutes;
b. Hold all required applicable federal licenses in good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation;

d. Meet any special pre-qualification requirements set forth in the Request for Proposals and Design Criteria Package.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such asincludi ng but not limi ted to reemplovmenr assistance, safety, tax withholding, worker's compensation,

49

unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District proj ect.
Evidence of compliance with these Rules must be submitted with the proposal if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the proposal.
The proposals, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1 .3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting-;-   and   shall   be   made   available   upon   request. Minutes should be taken at the meeting and maintained by the District. In consultation with the Design Criteria Professional, the Board shall evaluate the proposals received based on evaluation criteria and procedures established prior to the solicitation of proposals, including but not limited to qualifications, availability, and past work of the firms and the partners and members thereof. The Board shall then select no fewer than three (3) Design­ Build Firms as the most qualified.

The Board shall have the right to reject all proposals if the proposal   are  to   high, or rejection is detem1ined to be in the best interest of the District. No vendor shall be entitled to recover any costs of proposal preparation or submittal from the District.

If less  than  three  (3 )  propesalsResponsi  e  Propo als  are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no 13reposalsRe ponsive  Proposal   are  received,  the  District may ta.k:e whate..·er steps reasonably neeessar,· in order w proceed with  the procurement  of design-build  servicesjg the manner th Board determi ne i i n the best int re ts of the District, which �may include but is not l imi ted to a direct purchase of the design-build services without further competitive selection processes.
Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand

50

delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3 .1 1 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's rankings under this Rule shall be in accordance with the procedures set f011h in Rule 3 .11. 
The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board detennines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the finn considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the   ranking   by   the   evaluation   standards.  Failing
eeeefE!Shou ld   the   Board   be   unable   to   negotiate a
sari factory contract with the- firm considered to be the second most qualified firm the Board at a price con idered by the Board  to  be  fair,  competitive,  and  reasonable, n gotiat ions with that .firm must tenn�Bale negotiations. be terminated. The Board shall then undertake negotiations with the third most qualified firm. hould the Board be unable to negot iate a sati sfactor y contract wi th the fi rm con  idered  to  be  the  third  mo t  quali fied  al  .  a  price cons idered by the Board to be fair . competi ti ve, and reasonable, negotiations v ith that finn m ust be tein1 inared. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.
After the Board contracts with a firm, the firm shall bring to the Board for approval, detailed working drawings ofthe project.
1 0. The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and project construction with the Design Criteria Package;- and shall provide the Board with a report of the same.

51 

Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.
Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified Design-Build Firm available at the time. The fact that an Emergency Purchase has occurred shall be noted in the minutes of the next Board meeting.
Exceptions. This Rule is inapplicable when:
The project is undertaken as repair or maintenance of an existing public facility;
The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;
The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or
The District, after public notice, conducts a public meeting under Section
286.0 11 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the project using its own services, employees, and equipment.
Specific Authority: §§ 190.011(5), 190.01 1(15), Fla. Stat.
Law I mplemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

52

Rule 3.7

(1) 

(2)

(3)

Payment and Performance Bonds.
Scope. This Rule shall apply to contracts for the construction of a public building, for the prosecution and completion of a public work, or for repairs upon a public building or public work-, and shall be construed in addition to terms prescribed by any other Rule that may also apply to such contracts.
Requi red Bond. Upon entering into a contract for any ofthe services described in section (I) of this Rule in excess of $200,000, the Board should require that the contractor, before commencing the work, execute and record a payment and performance bond in an amount equal to the contract price. Notwithstanding the terms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.
Discretiona1y Bond.  At the discretion of the Board, upon entering into a contract for any of the services described in section ( 1) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

Specific Authority: §§ 190.011 (5), 190.011(15), Fla. Stat. Law I mplemented: § 255.05, Fla. Stat.

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Rule 3.8

(l) 

(2)

Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.0 17 of the Florida Statutes, for CATEGORY FOUR, shall be purchased under the terms of this Rule. Contracts for purchases of "goods, supplies, and materials" do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedu re. When a purchase of goods, supplies, or materials is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.
Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.
The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.
Ifthe District has pre-qualified suppliers of goods, supplies, and materials, then, at the option of the District, only those persons who have been pre­ qualified will be eligible to submit bids, proposals, replies, or responses.

In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold theall required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good standing, if any;

54

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and
Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.
Evidence of compliance with these Rules must be submitted with the bid, proposal, reply or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.
Any firm or individual whose principal place of business is outside the State of Florida must also submit a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that foreign state to business entities whose principal places of business are in that foreign state, in the letting of any or all public contracts. Failure to submit such a written opinion or submission of a false or misleading written opinion may be grounds for rejection ofthe bid, proposal, reply, or response.
Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and
responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and this Rule. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected  by  the  Board'.    Bids  and  proposals  may  not  be  modified  or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non­ material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.
The lowest Responsive Bid, after taking into account the preferences provided for in this subsection, submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be accepted. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which does not grant a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the

55

lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference of five (5) percent. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which grants a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference equal to
the preference granted by such foreign state.
To assure full understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.

(i) Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file
a protest within the time prescribed in Rule 3. 11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of goods, supplies, and materials under this Rule shall be in accordance with the procedures set forth in Rule 3 .11. 

(k)       If less than three  (3)  bids  13rof)osa.ls  repliesResponsi  e  Bids, Proposals. Replies, or respoasesRe ponses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may ta-kc whateYer steps
i'eEH:iOnabl)' necessary iH onler �o proceed with the procurement of goods, supplies, and materials, in the manner the Board determines is in the best

56

(3)

(4)

(5)

interest   of the  District, which �may include  but  is  not limited to  a direct purchase of the goods, supplies, and materials without further competitive selection processes.
Goods. upplies. and Materials included in a Construction Contract Awarded Pursuant to Rule 3. 5 or 3.6 . There may be occasions where the District has undergone the competitive purchase of construction services which contract may include the provision of goods, supplies, or materials. In that instance, the District may approve a change order to the contract and directly purchase the goods, supplies, and materials. Such purchase of goods, supplies, and materials deducted from a competitively purchased construction contract shall be exempt from this Rule.
Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from this Rule. A contract for goods, supplies, or materials is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process. This Rule shall not apply to the purchase of goods, supplies or materials that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules.
Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a period that may not eJeeeed three (3) yea:i:s or
!:he �enH oftke original coHtract, wl�iehei.·er period is longera ma · imum p riod of
five (5) years.
Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authol'ity: §§ 190.011(5), 190.011 (15), Fla. Stat.
Law I mplemented: §§ 189.053, 190.033, 287.017, 287.084, Fla. Stat.

57

Rule 3.9
(1) 

(2)

Maintenance Services.
Scope. All contracts for maintenance of any District facility or proj ect shall be set under the terms of this Rule if the cost exceeds the amount provided in Section
287.0 17 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.
Procedure. When a purchase of maintenance services is within the scope of this Rule, the following procedures shall apply:
The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.
Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.
The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.
If the District has pre-qualified suppliers of maintenance services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, and responses.
In order to be eligible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:
Hold theall required applicable state professional licenses . in good standing;
Hold all required applicable federal licenses in good standing, if any;

58 

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and

Meet any special pre-qualification requirements set forth in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the bid, proposal, reply, or response.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation
to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and these Rules. Minor variations in the bids, proposals, replies, and responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. B ids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.

The lowest Responsive Bid submitted in response to an Invitation to Bid by a Responsive and Responsible Bidder shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate or Competitive Solicitation the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure full understanding of the responsiveness to the solicitation requirements contained in a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of b ids, proposals, replies, or responses.

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rej ection is determined to be in the best interest of the District. No Vendor shall be

59

(i)

(i)

(k)

entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.
The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.
Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3 .11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.1 1. 

If less than three (3 ) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received,  the  District  may take  .,,,,hatever steps  reasonael)1   aeeessL\F)'  in order to proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District. which
�may   include   but   is   not   limited   to   a  direct  purchase  of  the maintenance services without further competitive selection processes.

(3)

(4)

(6)

Exemptions. Maintenance services that are only available from a single source are exempt from this Rule. Maintenance services provided by governmental agencies are exempt from this Rule. A contract for maintenance services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for n period that 111ay Hotexceed tl'lfee (3) years or the term of the original eo11trnet whiehever period is longer.  a maximum period of five (5) years.
Contracts; Public Records.  In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.

Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board meeting.

Specific Authority: §§ 190.011(5), 190.011(15), 190.033, Fla. Stat.

60

Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

Rule 3.10

(1 )

(2)

Contractual Services.
Exemption from ompetitive Purchase. Pursuant to Section 1 90.033(3) of the Florida Statutes, Contractual Services shall not be subject to competitive purchasing requirements. If an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to competitive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, no rights or remedies under these Rules, including but not limited to protest rights, are conferred on persons, firms, or vendors proposing to provide Contractual Services to the District.
Contracts; Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the contractor to comply with public records laws.

Specific Authority: §§ 190.011 (5), 1 90.01 1(15), Fla. Stat.
Law I mplemented: §§ 119.0701, 190.011 (3), 190.033, Fla. Stat.

62

Rult! 3.11	Pr01t!.11S WithRes�eet Te Preeeedings ttntlel' Rules 3. 1, 3.2, 3.3, J.4, 3.S, 3.6, 3.8, 1rnd3.9.

63

Rule .1. l l	Protests
---with  Res1>ect to Proceedings under Rules 3. 1,   .2. 3.3, 3.4, 3.5,   .6,  .8, and 3.9.
The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.
Filing.
With respect to a protest regarding qualifications, specifications, documentation, or other requirements contained in a Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation issued by the District, the notice of protest shall be filed in writing within seventy-two (72) calendar hours (excluding Saturdays, Sundays,  and  state holidays)  after the  first advertisement  of the  Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's intended decision. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically tenninate the protest proceedings.

Except for those situations covered by subsection ( l )(a) of this Rule, any firm or person who is affected adversely by a District's ranking or intended award under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3. 8, or 3.9 and desires to contest the District's ranking or intended award, shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of the notice of the District's ranking or intended award. A fonnal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays,  and state holidays)  after the  initial notice of protest was  filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's ranking or intended award. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

------1(-e-) --lf

__.(-=-c)

__--=l-=-f--=t=he=---=-r-=-eq,..u=i-'-'r ""'"m""'"e""',=1 t'--�'""o'--'-r.....t=h=e.....p...,o==ti=n_..g  o'-"f_· a�p'"'"ro=-t=e-"-"t

bond and the amount of the protest bond, which may be expressed by a percentag of the contract to be awarded or a et amount . is disclosed in the District's competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9, the Board may require
64

any person who files a notice of protest temust post athe protest bond---Hl the. The amount eq1:1al te  I% eftheanticipated eoslraet omeunl thar is the s1:113:iect  of the  protest  bond    hall  be  d  term ined  by  Di  tri  t  sta ff after con  ultation  .., ith  th    Board  and  within  the  limits,  if any,  imposed  by Florida law. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.
(d) The District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

Contract Execution. Upon receipt of a notice of protest which has been timely filed, the District shall not execute the contract under protest until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances showing that delay incident to protest proceedings will jeopardize the funding for the project, will materially increase the cost of the project, or will create an immediate and serious danger to the public health, safety, or welfare, the contract may be executed.
Inform.al   Proceeding.   If  the  Board  detennines  a  protest  does  not  involve  a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest. Such informal proceeding shall be at a time and place determined by the Board. Notice of such proceeding shall be sent via facsimile, United States Mail, or hand delivery to the protestor and any substantially affected persons or parties not less than three (3) calendar days prior to such informal proceeding. Within thirty (30) calendar days following the informal proceeding, the Board shall issue a written decision setting forth the factual, legal, and policy grounds for its decision.

Formal Proceeding. If the Board determines a protest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process provided for in section (3) of this Rule, the District shall schedule a fonnal hearing to resolve the protest. The Chairperson shall designate any member of the
Board (including the Chairperson), District Manager, District Counsel, or other
person as a hearing officer to conduct the hearing. The hearing officer may:
Administer oaths and affirmations;
Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any pre-hearing matters;

65

Enter orders; and
Make or receive offers of settlement, stipulation, and adjustment.
The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. The District shall allow each party fifteen (15) days in which to submit written exceptions to the recommended order.   The District shall issue a final order within sixty (60) days after the filing of the recommended order.
lntervenors. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Rejection of all Qualifications, Bids, Proposals, Replies and Responses after Receipt of Notice of Protest. If the Board determines there was a violation of law, defect., or an irregularity in the competitive solicitation process, the Bids, Proposals, Replies, and Responses are too h igh, or if the Board determines it is
otherwise in the District's best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.

Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.

Specific Authority: §§ 190.011 (5), 1 90.011(15), Fla. Stat. Law Implemented: § 190.033, Fla. Stat.

66

Rule 4.0	Effective Date.
These Rules  shall be  effective  _ _ _ _   _, �fL except that no  election of officers required by these Rules shall be required until after the next regular election for the Board.
Specific Authority:  §§ 190.011 (5), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.011 (5), 190.01 1(15), Fla. Stat.

67

BOGGY CREEK IMPROVEMENT DISTRICT

Requisition Nos. 2018-119 - 2018-120 Approved in November 2019 in an amount totaling $10,041 .50
(provided under separate cover)

BOGGY CREEK IMPROVEMENT DISTRICT

Operation and Maintenance Expenditures Paid in November 2019 in an amount totaling
$89,468. 69
(provided under separate cover)

BOGGY CREEK IMPROVEMENT DISTRICT

Recommendation of
Work Authorization/Proposed Services
(if applicable)

BOGGY CREEK IMPROVEMENT DISTRICT

District's Financial Position and Budget to Actual YTD

Boggy Creek Improvement District
Statement of Activities As of 11 /30/2019 

General	Debt Service	Capital Projects	General Long-	Total
Term Debt

Revenues

Off-Roll Assessments	$400,287. 11 					$400,287. 11 	
Other Assessments		$1 ,269,201 .80				1 ,269,201 .80	
Other Income & Other Financing Sources		72,91 7. 11 				72,917. 11 	
Inter-Fund Group Transfers In		(3, 103.73)				(3,1 03.73)	
Other Income & Other Financing Sources			$838,546.85			838,546.85	
Inter-Fund Transfers In			3,103.73			3,103.73	
Total Revenues	$400,287.1 1	$1 ,339,01 5. 18 	$841 ,650.58	$0.00		$2,580,952.67	

Supervisor Fees	$1 ,200.00								$1 ,200,00	
Public Officials' Liability Insurance	3,331 .00								3,331 .00	
Trustee Services	5,095.66								5,095.68	
Management	3,1 25.00								3,125.00	
Assessment Administration	7,500.00								7,500.00	
Legal Advertising	256.25								256.25	
Web Site Maintenance	105.00								105.00	
Holiday Decorations	372.00								372.00	
Dues, Licenses, and Fees	1 75.00								175.00	
Electric	364. 18 								384.16 	
Water Reclaimed	3,61 6.60								3,616,80	
General Insurance	3,779.00								3,779.00	
Property & Casualty	3,422.00								3,422.00	
Irrigation Parts	12,162.30								12,162.30	
Landscaping Maintenance & Material	38,056.51								36,056.51	
Landscape Improvements	2,904.00								2,904.00	
Tree Trimming	5,120.00								5,120.00	
IME - Aquatics Maintenance	542 74								542,74	
IME - Irrigation	1,965.55								1,985.55	
IME - Landscaping	13,1 30.44								13,1 30.44	
IME - Lighting	129.50								1 29.50	
IME - Miscellaneous	2,431 .00								2,431.00	
IME - Water Reclaimed	65.46								65.46	
Streetlights	4,972.23								4,972.23	
Legal Advertising					$152.61 				1 52.61 	
Contingency					14,040.00				14,040.00	
Total Expenses	$1 1 3,861 .66		$0.00		$14,192.61		$0.00		$1 26, 054.27	

Interest Income	$14.91 	

$14.91	
Interest Income				$0.33				0.33	
Total Other Revenues (Expenses) & Gains (Losses)	$14.91	$0.00		$0.33		$0.00		$1 5.24	
Change In Net Assets	$286,440.36	$1 ,339,015.16 		$627,458.30		$0.00		$2,452,91 3.84	
Net Assets At Beginning Of Year	($12,079.28)	$4,802,469. 15 		($635,771 .43)		$0.00		$3,954,618.44	

Net Assets At End Of Year	
$274,361. 08	
$6,141 ,464.33		
($6,313.13)		
$0.00		
$6,407,532.28	

Expenses

Other Revenues !Exeenses! & Gains {Losses}

Page 1  of 1

Boggy Creek Improvement District
Statement of Financial Position As of 11 /30/2019 

General	Debt Service	Capital Projects

General Long­ Term Debt

Total

Current Assets			Assets		
General Checking Account	$220,465.58					$220,465.58	
State Board of Administration	1,287.40					1 ,287.40	
Due From Other Governmental Units	64,775.13 					64,775. 13 	
Deposits	4,550.00					4,550.00	
Infrastructure Capital Reserve	20, 171 .54					20, 171 .54	
Interchange Maintenance Reserve	2,360.10 					2,360. 10 	
Debt Service Reserve Series 2013			$3,951 ,51 2.50			3,951 ,512.50	
Debt Service Reserve Series 201 B			91 9,588.29			91 9,588.29	
Revenue Series 2013 			1,269,334.40			1,269,334.40	
Interest Series 2018 			1,049.14 			1,049. 14 	
General Checking Account				$13,127.69		13,1 27.69	
Acquisition/Construction Series 2013 				18,563.43		18,563.43	
Acquisition/Construction Series 2018 				3.79		3.79	
Total Current Assets	$31 3,609.75		$6,141 ,484.33	$31 ,694.91	$0.00	$6,486,788.99	

Investments
Amount Available in Debt Service Funds						$6, 141 ,484.33	$6,141 ,484. 33	
Amount To Be Provided						68,393,51 5.67	68,393,515.67	
Total Investments	$0.00	$0.00		$0.00		$74,535,000.00	$74,535,000.00	

Total Assets

$313,609.75	$6,141 ,484.33	$31 ,694.91

Liabilities and Net Assets

$74,535,000.00

$81,021 ,788.99

Current Liabilities Accounts Payable Accounts Payable Retainage Payable

$39,248. 67

$23,747.66
16,260,38

$39,248.67 23,747.66
16,260.38

Total Current Liabilities

Long Term Liabilities

$39,248.67	$0.00	$40,008.04

$0.00

$79,256.71

Revenue Bonds Payable - Long-Term							$74,535,000.00		$74,535,000.00	
Total Long Term Liabilities	$0.00		$0.00		$0.00		$74,535,000.00		$74,535,000.00	
Total Liabilities	$39,248.67		$0,00		$40,008.04		$74,535,000.00		$74,614,256.71	

Net Assets										
Net Assets, Unrestricted	($ 12,079.28)								($1 2,079.28)	
Current Year Net Assets, Unrestricted	286,440.36								286,440.36	
Net Assets, Unrestricted			$4,802,469. 15 						4,802,469.15 	
Current Year Net Assets, Unrestricted			1,339,015.18 						1,339,015.18 	
Net Assets, Unrestricted					($835 ,771 .43)				(835,771 .43)	
Current Year Net Assets, Unrestricted					827,458.30				827,458.30	
Total Net Assets	$274,361.08		$6, 141 ,484.33		($8,313.13)		$0.00		$6,407,532.28	
										
Total Liabilities and Net Assets	$31 3,609.75		$6,141 ,484.33		$31 ,694.91		$74,535,000.00		$81 ,021 ,788.99	
Page 1  of 1

Boggy Creek Improvement District
Budget to Actual

Revenues				Adopted Budget	
Off-Roll Assessments	$	400,287. 11 	$	153 ,409.24	$	246,877.87	$	920,455.44	
Net Revenues	$	400,287. 11 	$	153,409.24	$	246,877.87	$	920,455.44	
General & Administrative Ex1;?enses Legislative					
Supervisor Fees	$	1,200.00	$	1 ,200.00	$	$	7,200.00	
Financial & Administrative					
Public Officials' Liability Insurance	3,331.00	583.33	2,747.67	3,500.00	
Trustee Services	5,095.68	450.00	4,645.68	2, 700.00	
Management	3,125.00	6,250.00	(3,125.00)	37,500.00	
Engineering		1 ,666.67	(1,666.67)	10,000.00	
Dissemination Agent		833.33	(833.33)	5,000.00	
District Counsel		5, 000.00	(5,000.00)	30,000.00	
Assessment Administration	7,500.00	1 ,250.00	6, 250.00	7,500.00	
Reamortization Schedules		41 .67	(41 .67)	250.00	
Audit		1,083.33	(1 ,083.33)	6,500.00	
Arbitrage Calculation		200.00	(200.00)	1 ,200.00	
Travel and Per Diem		58.33	(58.33)	350.00	
Telephone		58.33	(58.33)	350.00	
Postage & Shipping		83.33	(83.33)	500.00	
Copies		416.67	(4 16.67)	2,500.00	
Legal Advertising	256.25	1, 000.00	(743.75)	6, 000.00	
Miscellaneous		500.02	(500.02)	3,000.00	
Property Taxes		83.33	(83,33)	500.00	
Web Site Maintenance	105.00	450.00	(345.00)	2,700.00	
Holiday Decorations	372.00	1 66.67	205.33	1,000.00	
Dues, Licenses, and Fees	175.00	29.17 	145.83	175.00	
Total General & Admin istrative Expenses	$	21,159.93	$	21 ,404. 18 	$	(244.25)	$	128,425.00	

For the Month Ending 11 /30/2019

Actual	Budget

Variance	FY 2020

Page 1 of 2

Boggy Creek Improvement District
Budget to Actual
For the Month Ending 11 /30/20 19 

Actual	Budget

FY 2020

Variance

Adopted Budget

Field Oeerations Exeenses
Electric Utility Services		
Electric	$	384. 18 	$	333.33	$	50.85	$	2,000.00	
Entry Lighting		83.33	(83.33)		500.00	
Water-Sewer Combination Services						
Water Reclaimed	3,61 6.80	7,500.00	(3,883.20)	45,000.00	
Other Physical Environment						
General Insurance	3,779.00	675.00	3,1 04.00	4,050.00	
Property & Casualty	3,422.00	583.33	2,838.67	3,500.00	
Other Insurance		83.33	(83.33)	500.00	
Irrigation Repairs	12,1 62.30	5,000.00	7,1 62.30	30,000.00	
Landscaping Maintenance & Material	38,056.51	42,232.25	(4,1 75.74)	253,393.50	
Landscape Improvements	2,904.00	9,1 66.67	(6,262.67)	55,000.00	
Other Landscape Maintenance		10,476 .27	(10,476.27)	62,857.60	
Tree Trimming	5,120. 00	6,666.67	(1,546.67)	40,000.00	
Contingency		3,333.33	(3,333.33)	20,000.00	
Hurricane Cleanup		3,333.33	(3,333.33)	20,000.00	
Interchange Maintenance Expenses						
IME - Aquatics Maintenance	542.74	574. 17 	(31 .43)	3,445.00	
IME - Irrigation Repair	1, 985.55	1 ,625.00	360.55	9,750.00	
IME - Landscaping	13,1 30.44	13,1 1 9.60	10.84	78,71 7.60	
IME - Lighting	1 29.50	3,333.33	(3,203.83)	20,000.00	
IME - Miscellaneous	2,431 .00	249.98	2,181.02	1 ,499.88	
IME - Water Reclaimed	65.48	500.00	(434.52)	3,000.00	
Road & Street Facilities						
Entry and Wall Maintenance		1 ,666.67	(1 ,666.67)	10 ,000.00	
Streetlights	4,972.23	14,398.37	(9 ,426. 14) 	86,390.20	
Parks & Recreation						
Personnel Leasing Agreement	3,333.33	(3,333.33)	20,000.00	
Reserves						
Infrastructure Capital Reserve		3,361.11 	(3,361 .1 1) 	20 ,1 66.67	
Interchange Maintenance Reserve		393.33	(393.33)	2,360.00	
Total Field Operations Expenses	$	92,701.73	$	132,021 .73	$	(39,320.00)	$	792,1 30.44	

Total Expenses

   $	113,861 .66	$	153,425.91	$	(39,564.25)	$	920,555.44 

Interest Income	$	1 4.91 	$	16 .67	$	(1 .76)	$	1 00.00	
Total Other Income (Expense)	$	1 4.91	$	16.67	$	(1 .76)	$	1 00.00	
Net Income (Loss)	$	286,440.36	$	$	286,440.36	$	

Income (Loss) from Operations Other I ncome (Exeensel

$	286,425.45	$	(16.67)

$	286,442.12	$	(100.00)

Page 2 of 2

Boggy C reek Improvement District
Budget to Actual
For the Month Ending 11 /30/2019 

Oct-19	Nov-19	YTD Actual

Revenues

Off-Roll Assessments	$ 376,547.63	$	23,739.48	$ 400,287.1 1	
Net Revenues	$ 376,547.63	$	23,739.48	$ 400,287.11 	
General & Administrative Exeenses							
Legislative
Supervisor Fees	
$	
600.00	
$	
600.00	
$	
1,200.00	
Financial & Administrative							
Public Officials' Liability Insurance	3,331.00				3,331 .00	
Trustee Services	5,095.68				5,095.68	
Management			3,1 25.00		3,1 25.00	
Engineering						
Dissemination Agent						
District Counsel						
Assessment Administration	7,500.00				7,500.00	
Reamortization Schedules						
Audit						
Arbitrage Calculation						
Travel and Per Diem						
Telephone						
Postage & Shipping						
Copies						
Legal Advertising	256.25				256.25	
Miscellaneous						
Property Taxes						
Web Site Maintenance	105.00				105.00	
Holiday Decorations			372.00		372.00	
Dues, Licenses, and Fees	175.00				175.00	
Total General & Administrative Expenses	$	1 7,062.93		$	4,097.00		$	21,1 59.93	

Field oeerations

Electric
Entry Lighting	$	$	384. 18 	$	384.18 	
ater-Sewer Combination Services
Water Reclaimed	3,61 6.80	3,61 6.80	
ther Physical Environment
General Insurance	3,779.00	3,779.00	
Property & Casualty Insurance	3,422.00		3,422.00	
Other Insurance				
lrrigati_on Repairs	1,997.65	10,164.65	12,162.30	
Landscaping Maintenance & Material	1 9,048.00	19,008.51	38,056.51	
Landscape Improvements	2,400.00	504.00	2,904.00	
Other Landscape Maintenance				
Tree Trimming		5,1 20.00	5, 1 20.00	
Contingency				
Hurricane Cleanup				

Electric Utility Services

W O

Page 1 of 2

Boggy C reek Improvement District
Budget to Actual
For the Month Ending 11 /30/2019 

Oct-19

Nov-19

YTD Actual

Interchange Maintenance Expenses		
IME - Aquatics Maintenance	271 .37	271 .37	542.74	
IME - Irrigation	780.00	1,205.55	1,985.55	
IME - Landscaping	6,565.22	6, 565.22	13,130.44	
IME - Lighting	53.62	75.88	1 29.50	
IME - Miscellaneous		2,431 .00	2,431 .00	
IME - Water Reclaimed		65.48	65.48	
Road & Street Facilities
Entry and Wall Maintenance		-	
Streetlights	4,972.23	4,972.23	
Parks & Recreation
Personnel Leasing Agreement	-	
Reserves
Infrastructure Capital Reserve Interchange Maintenance Reserve			
.
-	
Total Field Operations Expenses	$	38,316.86	$	54,384.87	$	92,701 .73	
Total Expenses	$	551379.79	$	58,481 .87	$ 11 3,861 .66	
Income (Loss) from Operations	$ 321 ,167.84	$ (34,742.39)	$ 286,425.45	
Other Income (Expense)				
Interest Income	$	8.21	$	6.70	$	14.91	
Total Other Income (Expense)	$	8.21	$	6.70	$	14.91	
Net Income (Loss)	$ 321,176.05	$ (34,735.69)	$ 286,440.36	

Page 2 of 2