Falcon Trace Community Development District

Agenda October 16, 2019

A GENDA

Falcon Trace
Community Development District
135 W. Central Blvd.,·Suite 320, Orlando, FL 32801
Phone: 407-841-5524 - Fax: 407-839-1526

October 9, 2019

Board of Supervisors Falcon Trace
Community Development District Dear Board Members:
The regular meeting of the Board of Supervisors of Falcon Trace Community Development District  will be held Wednesday, October 16, 2019 at 6:00 PM at the Big Hawk Lake Recreation Center, 13600 Big Hawk Lake Drive, Orlando, Florida. Following is the advance agenda for the meeting:

Roll Call
Public Comment Period
Approval of the Minutes of the August 21, 2019 Meeting
Consideration of Resolution 2020-01 Setting a Public Hearing
Staff Reports
Attorney
District Manager's Report
Approval of Check Register
Balance Sheet and Income Statement
Action Items List
Field Manager's Report
Supervisor's Requests
Discussion of District Counsel Expenses - Requested by Supervisor Shaikh
Adjournment

The second order of business of the Board of Supervisors meeting is the Public Comment Period where the public has an opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items.

The third order of business is the approval of the minutes from the August 21, 2019 meeting. The minutes are enclosed for your review.

The fourth order of business is consideration of Resolution 2020-01 setting a public hearing. A copy of the resolution is enclosed for your review.

Section B of the fifth order of business is the District Manager's Report. Section 1 includes the check register being submitted for approval and Section 2 includes the balance sheet and  income  statement for your review. Section 3 is the Action Items List. A copy of the list and corresponding proposal is enclosed for your review. Section 4 is the Field Manager's Report, which will be presented at the meeting.

Section A of sixth order of business is discussion of District Counsel Expenses. Appropriate backup is enclosed for your review.

The balance of the agenda will be discussed at the meeting. In the meantime, if you should have any questions, please do not hesitate to contact me.

Jason Showe District Manager

CC:	Mike Eckert, District Counsel Michelle Rigoni, District Counsel Darrin Mossing, GMS

Enclosures

M INUTES

MINUTES OF MEETING
FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Falcon Trace Community Development District was held Wednesday, August 21, 2019 at 6:01 p.m. at the Big Hawk Lake Recreational Center, 13600 Hawk Lake Drive, Orlando, Florida.

Present and constituting a quorum were:

Sara Hurst Carole Miller Kathy Stark
Sue Marchesi Baron Perry Shaikh

Chairperson
Vice Chairperson Assistant Secretary Assistant Secretary Assistant Secretary

Also present were:

Jill Burns Mike Eckert
William Viasalyers Several Residents

District Manager District Counsel Field Operations

The following is a summary of the minutes and actions taken at the August 21, 2019 meeting. A copy of the proceedings can be obtained by contacting the District Manager.

FIRST ORDER OF BUSINESS	Roll Call
Ms. Burns called the meeting to order at 6:01 p.m. and called the roll.

SECOND ORDER OF BUSINESS	Public Comment Period
A resident stated I would like to thank Jill for her timely responses to a number of questions I asked of the CDD. I would like the COD to notify homeowners directly of a public hearing to adopt the budget and refer them to the website. I would also like the Board to consider hiring an auditing firm located in Orange County. I have no issues with Grau & Associates, but you are local Board receiving funding from taxpayers in the local area. I asked if

August 21, 2019	Falcon Trace COD

there was discussion of combining the CDD with the HOA and I talked with the County attorney and she informed me that Falcon Trace is the only CDD in Orange County that is outside the city limits of Orlando.
Mr. Eckert stated I just established one two months ago and there are four or five that are in unincorporated Orange County.
A resident stated the budget on the agenda for approval today is an operating budget and I'm anxious to see what adjustment if any occur relative to the overall tax assessment with consideration on the fund balances and the fact that the special assessment bond will be paid off May 1, 2020.
A resident stated I'm here to complain about the weeds in the big lake and I have talked to Jason and to William and we pay money to have this taken care of but we still have the weeds.
Mr. Viasalyers stated the treatment was done two weeks ago and it takes a couple weeks for it to take effect. We will revisit that area and if we are not satisfied the vendor will retreat it at no additional cost.
A resident asked ifwe have an issue with the pool who do we reach out to?
Ms. Bums stated you can reach out to one of the onsite staff members or William.

THIRD ORDER OF BUSINESS	Approval of the Minutes of the May 15, 2019
Meeting

On MOTION by Ms. Stark seconded by Ms. Miller with all in favor the minutes of the May 15, 2019 meeting were approved, as presented.

FOURTH ORDER OF BUSINESS	Consideration	of	Resolution	2019-05
Amending Resolution 2019-04 Designating a Date for the Public Hearing
Ms. Burns stated there was an error on the resolution we approved and the wrong date for the August meeting and this is to correct that resolution to today's date and time.
Mr. Eckert stated the published notice for the budget had the correct date.

2

August 21, 2019	Falcon Trace CDD

On MOTION by Ms. Hurst seconded by Ms. Stark with all in favor Resolution 2019-05 Amending Resolution 2019-04 Designating a Date for the Public Hearing, was approved.

FIFTH ORDER OF BUSINESS	Public Hearing

On MOTION by Ms. Hurst seconded by Ms. Stark with all in favor the public hearing was opened.

Consideration of Resolution 2019-06 Adopting the Fiscal Year 2020  Budget and Relating to the Annual Appropriations
Ms. Burns stated the proposed budget for Fiscal Year 2020 has no increase in  assessments.
The following issues were raised and addressed during the public hearing: condition of and access to the basketball court, weeds by the entrance, disrepair of playground equipment, explanation of building renovations, landscaping improvements to take place after hurricane season, explanation of management contracts, supervisor fees, transfer out transaction to capital, trustee fees, timing of payment on bonds, savings from refinancing of bonds in 2007, use of facilities, benefit of paying HOA and CDD fees.
The Board took a short recess after which the meeting was reconvened.
There being no further public comment, the Board took the following action:

On MOTION by Ms. Stark seconded by Ms. Hurst with all in favor the public hearing was closed.

Ms. Burns stated the budget amount is the same as the previous year and has the same assessment per household of $419.70 for O&M and the debt assessment is the same at $488.96.

On MOTION by Mr. Shaikh seconded by Ms. Hurst with all in favor Resolution 2019-06 Adopting the Fiscal Year 2020 Budget and Relating to the Annual Appropriations, was approved.

Consideration of Resolution 2019-07 Imposing Special Assessments and Certifying an Assessment Roll

3

August 21, 2019	Falcon Trace CDD

On MOTION by Ms. Hurst seconded by Ms. Stark with all in favor Resolution 2019-07 Imposing Special Assessments and Certifying an Assessment Roll, was approved.

SIXTH ORDER OF BUSINESS	Consideration	of	Playground	Equipment
Proposals
Korkat Playgrounds & Site Amenities (2)

Playmore Recreational Products & Services
Mr. Viasalyers reviewed the proposals received from the two vendors listed above, outlined the equipment to be provide, removal of old equipment, installation of certified playground mulch and borders to prevent the mulch from being washed out.

On MOTION by Ms. Hurst seconded by Ms. Stark with all in favor the proposal from Playmore Recreational Products & Service in the amount of $67,570.05, was approved.

Mr. Eckert stated I will send you an agreement to cover this and use the proposal as an attachment to the agreement.

SEVENTH ORDER OF BUSINESS	Consideration	of	Maintenance	Service
Agreements for Fiscal Year 2020
Aquatic Weed Management, Inc.

REW Landscape Corp.

Roberts Pool Service and Repair, Inc.
Ms. Bums stated all three of these agreements are renewals of existing contracts. We talked about this at the last meeting and the Board said they were happy with the services and asked us to get renewals for next fiscal year.

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August 21, 2019	Falcon Trace CDD

On MOTION by Ms. Hurst seconded by Ms. Stark with all in favor the agreements with Aquatic Weed Management, Inc., REW Landscape Corp. and Roberts Pool Service and Repair, Inc. for Fiscal Year 2020 were approved in substantial form and the chairperson was authorized to execute the agreement  when finalized.

EIGHTH ORDER OF BUSINES	Discussion of Request for Business Cards for
Supervisors	-	Requested	by	Supervisor Shaikh
Ms. Bums stated the next item is a request by Perry for the Board Members to have business cards.

Mr. Shaikh moved to approve the purchase of business cards for Board Members and the being no second, the motion died for lack ofa second.

NINTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. Eckert stated we heard back from the County in terms of that pedestrian access easement that the Board wanted us to look into vacating. We got word back from them that there is a water pipe or something that runs through that easement as well as it being a pedestrian access easement and the County said we do not want to give up our easement for the water pipe but if you want to file a petition to vacate the pedestrian access portion, which means you wouldn't have pedestrian flow through there, they would be willing to look at that. There is a process we have to go through to vacate the easement with the County. There is a petition fee of
$1,003 to go to the County and ask them to vacate that easement to eliminate the pedestrian access and then you have to go through a hearing process.  I can't say what the County is going  to decide but at least they were understanding of the issue.
Ms. Hurst stated at this point since we know what the costs are we can wait to see if they start development and if so we can revisit the issue.
Mr. Eckert stated if you start to see a lot of use the County may be more reluctant to take it away. I can send a short memo to the Board and outline the costs.

5

August 21, 2019	Falcon Trace CDD

The question was raised about term limits. There is nothing the Board can do to establish term limits, the CDD is governed by Chapter 190, Florida Statutes and that basically says anybody has the right to run every four years for that term but there is no term limit we can do unless you change Chapter 190.

Manager
Approval of Check Register

On MOTION by Ms. Miller seconded by Ms. Baron with all in favor the check register was approved.

Balance Sheet and Income Statement
A copy of the financials was included in the agenda package.

Approval of Fiscal Year 2020 Meeting Schedule

On MOTION by Ms. Hurst seconded by Ms. Stark with all in favor the notice of meetings for Fiscal Year 2020 reflecting meetings on the third Wednesday of the following months was approved: October, January, March, May, July and August.

Presentation of Number of Registered Voters - 1,895
A copy of the letter from the Supervisor of Elections indicating there are 1,895 registered voters in the District was included in the agenda package.

Presentation of Arbitrage Rebate Calculation Report
Ms. Bums stated under the internal revenue code the District must demonstrate that we do not  earn  more  interest  than we pay.	The report states that we have a negative arbitrage of
$17,170.

On MOTION by Ms. Hurst seconded by Ms. Baron with all in favor the Arbitrage Rebate Calculation Report, was approved.

6

August 21, 2019	Falcon Trace CDD

Field Manager's Report
Mr. Viasalyers stated at the last meeting the Board directed staff to replace the damaged picnic area tables and that is taken care of. We replaced the pool umbrellas as well.

Consideration of Quote with Aquatic Weed Management, Inc. for Grass Carp Restocking
Mr. Viasalyers stated I will need Board direction on this and once I have approval I can talk with the vendor as to when they will be delivered but it will be in the October timeframe.

Consideration of Proposal with Berry Construction for Storage Building Work
Mr. Viasalyers stated the roll-up door in the pump equipment room failed and is coming off the wall and we propose removing that and instead of replacing it with an expensive roll-up door we can put some kind of slide down bar in place to reinforce the door and keep that room secured. They also repaired some damage stucco around the door frame. If you want me to replace the roll-up door I will get proposals for that.

On MOTION by Ms. Stark seconded by Ms. Hurst with all in favor the proposal from Aquatic Weed Management for grass carp in the amount of $6,100 was approved, and the proposal from Berry Construction for the storage building work in the amount of $2,430 was approved.

TENTH ORDER OF BUSINESS	Supervisor's Requests
Mr. Shaikh stated with the bonds being paid off it doesn't make any sense to have two associations, two different entities. I think we should keep the CDD and give the clubhouse  to the HOA.
Mr. Eckert stated you can't merge an HOA and CDD because you have a private entity, which is the HOA and a local government, which is the CDD.  A CDD  will exist as long as bonds are outstanding or it has property it owns or it has maintenance responsibilities. In other communities when bonds have been paid off they haven't done it. The CDD can't take  over  HOA responsibilities such as covenant enforcement; we don't have that power. Usually it is the COD that thinks about dissolving, you have to adopt a plan of transfer but as a CDD, as a government entity, if you are going to transfer anything you have to transfer it to another

7

August 21, 2019	Falcon Trace CDD

government, not to an HOA. What happens is you transfer it back to the local government, Orange County, who then transfers it to the HOA. Because they have broader powers than we  do. Our statute says we can only do that. That is the process to accomplish what you are talking about.
Mr. Shaikh stated I think we should consider dissolving the CDD at some point. Ms. Hurst asked does the HOA want to take over that responsibility?
Mr. Shaikh stated most of the people do.
Ms. Miller asked what do you expect the outcome of combining the HOA and CDD? We are still going to have the same costs to make this work. We are still going to have to pay a manager, he still has to have people, still have to take care of the pool and  clubhouse.  There is no cost saving measures by combining the two. There is no management company that will say we will take on the CDD area at no fee.
Mr. Shaikh stated today the entire Falcon Trace is managed by the homeowner's association for only $300,000. This Board manages for $419,000. We have two management companies, two accountabilities, two oversights.
Ms. Burns stated those numbers are incorrect, the entire CDD budget is $355,000. Mr. Shaikh stated I want the Board to think about this.
Mr. Eckert stated you should talk to me about a couple issues on that and I'm happy to provide whatever information you need but understand too that we are a local government operating a pooJ, we have sovereign immunity so if someone gets hurt we have limits on our liability to $200,000 and $300,000; an HOA does not have the advantage of those limits and our insurance quotes we pay for liability insurance are based on us having that sovereign immunity. When you are looking at savings you also have to look at the insurance cost increase, which is all part of the analysis.
Ms. Hurst stated we can think about that after the bonds are paid off.

ELEVENTH ORDER OF BUSINESS	Adjournment

On MOTION by Ms. Hurst seconded by Ms. Stark with all in favor the meeting was adjourned.

8

August 21, 2019	Falcon Trace CDD

Secretary/Assistant Secretary	Chairman/Vice Chairman

9

S ECTION IV

RESOLUTION 2020-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT TO DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCHHEARING FOR THE PURPOSE OF ADOPTING AMENDED AND RESTATED RULES OF PROCEDURE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Falcon Trace Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Orange County, Florida; and

WHEREAS, the Board of Supervisors of the District (the "Board") is authorized by 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 FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. A Public Hearing will be held to adopt the District's Amended and Restated

Rules of Procedure, which is attached here as Exhibit A, 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 16th day of October, 2019.

ATTEST:	FALCON TRACE COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A:	Amended and Restated Rules of Procedure

Hopping Green & Sams
Attorneys and Counselors

MEMORANDUM

TO:

FROM: RE: DATE:

Falcon Trace Community Development District Board of Supervisors

Michael C. Eckert

Updated Provisions of the District's Rules of Procedure September 18, 2019

Please find attached to this memorandum an updated version of the Falcon Trace Community Development 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 Michae,lE, a  h  uslaw.com , or via phone at 850-222-7500.

Costs Associated with Public Records Requests (Pages 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.

Post Office Box 6526	Tallahassee, Florida 32314	119 South Monroe Street, Suite 300 (32301)	850.222.7500 850.224.8551 fax	www.hgslaw.com

Memorandum to the Falcon Trace CDD Board of Supervisors September 18, 2019
Page 2 of 5

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 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.

Flexibility for Board Authorization (Page 13)

Language was added to Rule 1.3(11) 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 Firesafet Board Discussions (Page 14 )

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 Fraud. Waste and Abuse (Page 15)

Rule 1.4 was added to reflect legislative changes enacted in the 2019 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 of Competitive Solicitation (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.

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Memorandum to the Falcon Trace CDD Board of Supervisors September 18, 2019
Page 3 of 5

Procedure Regarding Auditor Selection (Pa!le 31 )

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 190 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 2019 legislative session. Now, at 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 of the District may not be a member of the Committee but may serve in an advisory capacity.

Contract Periods (Pages 34. 56. and 59)

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 of Qualification (Pages 39-41 )

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 60-62 l

Rule 3.1l(l)(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.

3

Memorandum to the Falcon Trace CDD Board of Supervisors September 18. 2019
Page 4 of 5

Minor Changes

The following minor changes have also been made to the Rules:

Rule 1.1(1): This Rule has been amended to clarify requirements for Board members appointed or elected to elector seats. (Page 2).

Rule 1.1(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 of greater amounts. (Page 4).

Rule 1.1(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 1.3(l)(e), (l)(d) and 0)(0: These Rules were amended to allow inclusion of language substantially similar to that recited in the Rules. (Pages 10-11).

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 12).

Rule 2.0(12)(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, 48 and 54).

Rule 3.2(3)(b): "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 43 and 47).

4

Memorandum to the Falcon Trace CDD Board of Supervisors September 18, 2019
Page 5 of 5

Rule 3.11(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 62).

5

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

1.0	Geft5flll ................. ............ .......... .......... ............ ................. ............... ........ ................. .	2
 	1.1	Beere of 8tipe£¥4soES; OffieeES eBd ¥oting ................................................	3
1.2	District Offiees; P!ffllio lBfefHltltieB BBd lBspeetioB efR:eeefds; Pelieies;
SeFYiee GonLfflel °R:e{luiff!ments....... ..... ........................................................	7
 	1.3	f2ul:llic1 Meetings, HeaRags, aftEI V.£et=lrnJu.-.ps	IQ

HI
3.9

Rule1flel,ing 11Feeeediegs ..........................................................................................
Coffij3etiti•re PHi'Elhll6e	21

3.1	PFeeeSl:lfe TJBder The CoBStilt&Hto' Competiti¥e Negetietiee A:et	2e

 	3.2	f2Foeedlffe R:egardiBg Auditer 8eleeti01! ..................... .................................

 	3.3	f2Ufllhese  ef   IBsllf'linoo .... ................................................................................
 	3.1	PR! qualilaieeEie n.................. .........................................................................

 	3.S	CoestRlotiOB Cefltmets, Not Desiga Build ....................................................
 	3.e	CeestRletiOB Coetmets, Desigfl 81:Hle ..... .... ..............................................

3Q

34
3fi

39

43

 	3.7	f2ayR1oat &Hd PerfefH!11Hee :Seeds	48
3.8	Goods, Supfllios, aaEI 'MaleFiols	49
 	J.9	Mein en6Hee SePt•iees	SJ

3.10

Con1F11et1tel 8er¥iees ......................................................................................

Sfi

 	3.11	l'Fetests ·1♦ il:h  Resf1eet te Preeeeeittgs tlftder Rules 3.1, 3.2, 3.3. 3. ,
3.5, 3.fi, 3.&, af!d 3.9	S7

4.Q

EFFECTIVE AS OF _ _

_ _ _ , 20  

Formatted: Centered, Posltlon: Horizontal: Left, Relative to:
Column, Verti cal: In line, Relative to: Margin, Width: Auto

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 Rule3.6 Rule 3.7
Rule 3.8

Rule 3.9

Rule 3.10

Rule 3.11

Procedure Under the Consultants' Competitive Negotiations Act.	28
Procedure Regarding Auditor Selection	32
Purchase of Insurance	37
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 	6..7
Form•tted: Heading 1, left, Line spacing: 1.5 lines, Tab
stops: Not at 0.5" + 1' + 6' + 6.5"

Formatted: Centered, Position: Hor1zontal: Left, Relative to:
Column, Vertical: In line, Reli!Uve to: Margin, Width: Auto
2

Rule 1.0	General.

(1)

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), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

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Rule 1.1

(1)

Board of Supervisors; Officers and Voting.

Board of Supervisors. The Board of Supervisors of the 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 resideBt eleetOFsthe 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;-ftft8 and for those elected. shall also be qualified to run by the Supervisor 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 190.006 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. Subject 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 (l)(c) ofthis 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 of the 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 least 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 190.007(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 least 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.
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(t) The Board may assign additional  duties to District officers from  time  to  time, which include, but are not limited to, executing documents on behalf of the District.

(g) 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 112.3143 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 Constitution and Chapters 112 and 190 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 corning 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.

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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.

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Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 112.3143, 190.006, 190.007, Fla. Stat.

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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;

(t)	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.

(2)

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
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8

as the District's records custodian. Regardless of the form 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 Jaw that require the contractor to comply with public records Jaws. 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 14 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 individualu) who is/are qualified to perform the labor. taking into account the nature or volume of the public records to be inspected or copied. The charge may include the labor costs of supervisory and/or clerical staff whose assistance is required to complete the records request. in accordance with Florida law. 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 tfie-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. Should the person fail to pay the estimate, the District is under no duty to produce
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the requested records. 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 requests if the pen;on makin11. the request owes the District for past unpaid duplication charges. special service charges. or other required payments or credits.

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.

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Financial Disclosure Coordination. Unless soecificallv desi 211a ted bv Board
-	-	-

resolut ion otherwise. the Secretary shall serve as the  Financial  Disclosure Coordinator ("Coordinator")  for  the  District  as  required  by  the  Florida Commission on Ethics ("Co mmission" ).  The  Coordinator  shall  create.  maintain and update a list of the names. e-mail addresses. physical  addresses.  and  names  of  the agency of. and the office or position held bv. all Supervisors and other persons required by F lo ri da law to file a statement of financial interest due to his or her affiliation  with  the  District  ("Reporting  Individual").  The  Coordinator   shall provide this list to the Commission by Feb ruary 1 of each year. which list shall be current as of December 31 of the prior year. Each  Supervisor  and  Reporting Individual shall prom ptly notify  the  Coordinator  in  writing  if  there  are  any changes to such person's name, e-mail  address.  or  physical  address.  Each  Supervisor and Reporting Individual shall promptly noti fy the Commission in the manner prescribed by the Commission if there are any changes to such person's e- mail address.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented:   S tl l.3 1446/3l.112.3145(Sl{all n 119.07, 119.0701, 190.006,	Fla. Stat.	 	
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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
189.015 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 substantially 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 1 (800 ) 955-8 771, 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."

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(t)     The following or substantiallv similar 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 Vice-Chairperson, shall prepare a. Be ee 11Bd an agenda of the meeting/hearing/workshop. The aetiee BBd agenda and any meeting materials available in an electronic format excluding any confidential and any confidential and exempt information. shall be available to the public at least SBYet1ey two (12) ft8Hf5Seven days before the meeting/hearing/workshop. except in an emergency. Meeting materials shall be defined as. and limited to, the  agenda,  meeting minutes, resolutions, and agreements 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 materials may be added or provided 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 of new business Staff reports
District Counsel
District Engineer
District Manager
Financial Report
2. Approval of Expenditures Supervisor's requests and comments Public comment
Adjournment

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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.

Special Reguests. 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 ChaiJperson, or Vice-Chairperson if the Chairperson is unavailable, upon consultation with the District Manager and District Counsel. if available, may convene an emergency meeting of the Board without first having complied with sections (1) 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 necessaryA   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.

Budget 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
190.008 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	Formatted: Centered, Position: Horizontal: Left, Relatfve ID:
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published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public bearing.

Participation by TeleconferenceNideoconference. 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 circumstances 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.

Board Authorization. The District bas not adopted Robert's Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting.  Unless such procedure is waived by the Board. A_approvalor 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.

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.

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 etteffleysattomey must request such session at a public meeting.- Prior to holding the Attorney-Client Session, the District must give reasonable public notice of the 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

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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.

(14}  Security and Firesafety  Board  Discussions. Portions  of a meeting which relate to or would reveal a securi ty or firesafeLy s ystem plan or portion thereof made confidential and exempt by section l 19.07H3J(a), Florida Statutes, are exempt from the public meeting requirements and other requirements of section 286.011, Florida Statutes, and section 24<bl, Article 1 of the State Constitution. Should the Board wish to discuss such matters. members of the public shall be required to leave the meeting room during such discussion. An records of the Board' s discussion of such matters. includine recordings  or minutes.  shall  be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: 6 189.ft69fl)Ca}l6, 190.006, 190.007, 190.008, 286.0105, 286.011, 286.	0114, Fla. Stat.

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Rule 1.4	Internal Controls to Prevent Fraud. Waste and Abuse

(I)	Internal  Controls.	The District shall establish and maintain internal controls designed to:

(al		Prevent and detect "fraud," "waste" and "abuse" as those terms are defined in section 11.45{ I}. Florida Statutes: and

(b)

jc)

Promote and encourage compliance with applicable laws. rules contracts, grant agreements, and best practices: and
Support economical and efficient operations; and

(dl	Ensure reliabiliiv of financial records and reports: and (e)	Safeguard assets.

Adoption. The internal controls to prevent fraud. waste and abuse shall he adopted and amended by the District in the same manner as District
policies.

Speclfi< Authority: §§190.011(5), 190.011{15l, Fla. Stat.
Law lmplement,:d; § 218.331,l). Fla. Stat.

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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 190 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 subject 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 120.54(1)(g) and 120.54(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 120.541(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 120.541(1), must do so in writing within twenty­ one (21) days after publication of the notice. The notice shall additionally
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by submitting a written request within twenty-one (21) 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 (14) 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.  Jlietiee will theH ee maileEi to oil peFSoRs vihom, ot leost follfl:eeB (14) Eioys prior to s11eh moilil'lg, hO¥e maEie Rl£tiie&ts of the JJistriet fer oEi•ltmee netiee ef its proeeeEiiags.

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 Rulemaking. 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 !!._Subs tantial 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.

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Rulemaking 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 rule, 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 120.541 of the Florida Statutes; and

The published notice.

Hearing. The District may, or, upon the written request of any affected person received within twenty-one (21) 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 Rule 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(2Xd) of the Florida Statutes, except that any notices required under Section 120.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the
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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.

Petitions to Challenge Existing Rules.

Any person substantially affected by a rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of the 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

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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 orreceive 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.

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 i's 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

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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. If the 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
   ninety (90) 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.

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.

SpecilicAutlwrity: §§ 190.011(5), 190.011(15), 190.035, Fla. Stat. Law Implemented: §§ 190.011(5), 190.035(2), Fla. Stat.

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Rule3.0

(I)

Competitive Purchase.

Purpose and Scope. In order to comply with Sections 190.033(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 finn, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed ooetwo million dollars ($-l-b 00 0,000), for a study activity when the fee for such Professional Services to the District does not exceed fiftynyo hundred thousand dollars ( m oo0), 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 tennination 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 Firm for the design and construction of a public construction project.

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

Is certified under Section 489.119 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 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section
481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.3I9 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 Firms 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 481 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 471 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 turn 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
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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.

(i) "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.
G) "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
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''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 bas submitted a proposal, reply, or response that conforms 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 performance. 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 of the 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

Whether the entity/individual is 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: §§ 198.011(5), 190.011(15), Fla.Stat.
Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

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Rule3.1

(1)

Procedure Under +ltethe 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
287.017 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 287.017 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)

Cbl
(c)

(d)

Hold all required applicable feeeml lieeBSes itl geed staBeieg , if ; Hele ell FeEj:\iiree applieahle state professional licenses in good standing; Hold all requiredapplicable federal licenses in goodstanding, 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.

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.

(3)

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 (1) 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. CeBSttikt11ts wlte pFa·,iEle their ftllffle &ntl eeEIFes la the I>islflet Mai!Bger fer ieeh:1sieB 8B die !isl saell Feeei,;e
/
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ne,iees liy Hlail.The District shall make reasonable efforts to provide copies of any notices to such consultants. but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disgualifv any otherwise valid procurement process.  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.

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with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed.

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 3.11.

Competitive Negotiation.

After the Board bas 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 finn 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
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Negotiations shall continue, beginning with the first-named firm on  the list, until an agreement is reached or the list of firms is exhausted.

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.

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

Emergenc y 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: §§190.811(5), 190.811(15), Fla. Stat.
Law Implemented: §§ 119.8781, 190.811(3), 190.833, 287.1155, Fla. Stat.

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Rule3.2	Procedure Regarding Auditor Selection.

In order to comply with the requirements of Section 218.391 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 audits required under Chapter 190 of the Florida Statutes but not meeting the thresholds of Chapter 218 of the Florida Statutes, the District need not follow these procedures but may proceed with the selection of a firm or individual to provide Auditing Services and for the negotiation of such contracts in the manner the Board determines is in the best interests of the District.

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 aueitauditor selection committee appointed by the Board as described in section (2) of this Rule.

Establishment of Aueit.Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an aueitauditor 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 218.39 of the Florida Statutes. The Committee shettklshall include at least three individuals, same er &!lat least one of v,·hem ffll¼YWhich must also serye as meffiBl!fSbe 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 chief executive officer. or a chief financial officer of the District may not serve as a member of the Committee; provided however such individual may serve the Committee in an advisory capacity.

Establishment of Minimum Qualifications 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.

Minimum 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:

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Hold all required applicable feeeflHstate professional licenses in good standing,#-aay;

Hold all required applicable S!ltle pl'Ofessienelfukntl 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; 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;

UHElefSttmEling efse e efwefiE;

Ability to furnish the required services; and

(¥.iY.) 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 (1) 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 of proposals.

33	./

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Request for Proposals. The Committee shall provide interested firms with a Request for Proposals ("RFP"). The RFP shall provide infonnation on how proposals are to be evaluated and such other information the Committee determines is necessary for the firm 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 firm. 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:_m: document in its public records the reason for not selecting the highest­ ranked qualified firm.

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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 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 My-+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 shall be five (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 3.11 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

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shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specific Authority: §§ 190.011(5), 190.011(1S),F1a. Stat. Law Implemented: §§ 119.0701, 218Jl..lll!...391, Fla. Stat.

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Rule3.3

(1)

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 plan 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)

(d)

(e)

(f)

The Board shall cause to be prepared a Notice of Invitation to Bid.

Notice of the Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least fourteen (14) days for submittal of bids.

The District may maintain a list of persons interested in receiving notices of Invitations to Bid. Persess whe pF8¥ide f:Reu: same IHIS address ta the 'E>is1:Fiet 11,{esager for iseftlsieft en the list Bffllll reeei•,1e setiees ey111!1il.The
District shall make reasonable efforts to provide copies of any notices to such persons, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement 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.

(g)

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	.I

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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.

(h)   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 Authority: §§ 190.011(5), 190.011(15), Fla.StaL Law Implemented: § 112.08, Fla. Stat.

38

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Rule3.4

(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 (21) 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

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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.

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{ft)	(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

•l 

notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.t1 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)

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of the Florida Statutes.

Suspension. Revocation, or Denial of Qualification

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(a} The District, for good cause, may deny. suspend. or revoke a prequalified vendor's pre-qualified status. A suspension, revocation, or denial for good cause shall prohibit the vendor from bidding on any District construction contract for which qualification is required, shall constitute a determination of non-responsibility to bid on any other District construction or maintenance contract. and shall prohibit the vendor from acting as a material supplier or subcontractor on any District contract or project during the period of suspension, revocation, or denial. Good cause shall include the following:
One of the circumstances specified under Section 337.16{2), Fla. Stat.,
has occurred.
Affiliated contractors submitted more than one proposal for the same work. In this event the  pre-qualified  status  of  all  of  the  affiliated bidders will be revoked, suspended. or denied. All bids  of  affiliated bidders will be re jected .
The vendor made or submitted false, deceptive, or fraudulent statements, certifications, or materials in any claim for pavment or any information required by any District contract.
The vendor or its affiliate defaulted on any contract or a  contract  surety assumed control of financial responsibility for any contract  of the vendor.

Tile vendor's qualification to bid is suspended. revoked, or denied bv any other public or semi-public enti1y, or the vendor has been the subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.

The vendor failed to comply with contract or warranty requirements or
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41

The vendor failed to timely furnish all contract documents required by the contrnct specifications. special provisions, or by any state or federal statutes or regulations. If the vendor fails LO furnish any of the subiect contract documents by the expiration of the period of suspension. revocation, or denial set fonh above. the vendor's pre­ gualified status shall remain suspended, revoked, or denied until the documents are furnished.

The vendor failed to notify the District within 10 davs of the vendor, or any of its affiliates, being declared in default or otherwise not completinl! work on a contract or being suspended from qualification to bid or denied qualification to bid by any other public or semi-public agency.

The vendor did not pay its subcontractors or suppliers in a timely manner or in compliance with contract documenst.

The vendor has demonstrated instances of poor or unsatisfactory performance, deficient management resulting in project delay, poor gualitv workmanship. a history of payment of liquidated damages, untimely completion of projects, uncooperative attitude, contract litigation, inflated claims or defaults.

An affiliate of the vendor has previously been determined by the District to be non-responsible, and the specified period of suspension, revocation, denial or non-responsibility remains in effect.

The vendor or affiliate(s) has been convicted of a contract crime.

The term "contract crime" means any violation of state or federal antitrust laws with respect to a public contract or any violation of any state or federal law involving fraud, bribery, collusion, conspiracy. or material misrepresentation with respect to a public contract

The term "convicted" or ·'conviction" means a finding of guilt or a conviction of a contract crime. with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjurv trial, or entry of a plea of guilty or nolo contendere.

I

A denial, suspension, or revocation shall prohibit the vendor from being a subcontractor on District work during the period of denial, suspension, or revocation, except when a prime contractor's bid has used prices of a subcontractor who becomes disqualified after the bid. but before the request for authorization to sublet is presented.

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42

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The District shall inform the vendor in \\Tiring of its intent to deny, suspend.  or revoke its pre-qualified status and inform the vendor of its right lo  a  hearing. the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days after the recei pt of the notice of intent,
the hearing shall be held within 30 days after receipt by the District of the request for the hearing. The decision shall be issued within 15 days after the hearing.

(d] Such suspension or revocation shall not affect the vendor' s obligations under any preexistin g contract.

In the case of contract crimes. the vendor' s pre-qualified status  under  this Rule shall be revoked indefinitely. For all violations of Rule 3.4(3)(a) other than for the vendor' s conviction for contract crimes, the revocation, denial. or suspension of a vendor's pre-qualified status under this Rule shall be for a specific period of tim based on the seriousness afth deficiency .
Ex amples of factors affecting the seriousness of a deficiency are:
I mpacts on project schedu le , co st , or quality of work:
Unsafe conditions allowed to exist;
Co mplaints from the public:

1v. Delay or interference with the bidding process :

The poten tial for repetition:

Integrity of the public contracting process:

Effect on the health. safety, and welfare of the public.

Spedflc Authority: §§ 190.011(5), 190.011(15), Fla.Stat. Law Implemented: §§ 190.033, 255.0525, 255,29, Fla. Stat.

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43

 ule3.S

Construction Contracts, Not Design-Build. _ _ _

_ _ _

_ _ _

_ _ _ .---{Formatted: Heading 2 Char, Font: 10 pt, Not Bold

(1)

(2)

Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 190 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 (21) 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.
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If the District has pre-qualified 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 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 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 llUeB-65including 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
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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 3.11.

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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 talee wh&te¥er steps rease:eably :eeeessary i:e erder te proceed with the procurement of construction 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 construction services without further competitive selection processes.

Sole Source; Government. 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.

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.

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;

eenff!l.etereontract;

The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the
or

The District, after public notice, conducts a public meeting under Section
286.011 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
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47

Specific Authority: §§ 190.011(5),190.011(1S), Fla, Stat.
Law Implemented: §§ 119.0781, 189.053, 190.033, 255,0518, 255.0525, 255.20, 287.0SS, Fla. Stat.	 	

Rule 3.6	Construction Contracts, Design-Build.

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.

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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.

Qualifications-Based Selection. If the 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-BasedSelection. 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,	 	
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48

competltlve 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 (21) 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.

1n order to be eligible to submit a proposal, a firm must, at the time ofreceipt 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;

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;

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

Any contractor that bas been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to reemployme11t
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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 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  i{ the	.-( Formatted: !eXt, Font color: Dark Blue
proposals are too high, or rejection is determined 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) JlfeJ!89BlsResponsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no prepeo11lsResponsive Proposals are received,  the  District may talEe whate •er SHIJ!S Feil58B&bly aeeessary ift erder te proceed with the procurement  of  design-build  services  in  the manner the Board determines is in  the  best  interests  of the District, which 5te)l&-may include but is not limited 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

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50	.I

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 rankings under this Rule shall be in accordance with the procedures set forth 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 determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm 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. NliliBg aeeeFdShould the Board be unable to negotiate a satisfactory contract with the- firm considered to be the second most qualified HHB, the 8ellfEI at a price considered by the Board to be fair, competitive. and reasonable, negotiations  with that firm must t e	aegeriatieDs. be terminated. The Board shall then widertake negotiations with the third most qualified firm. Should the Board be unable to negotiate a satisfactozy contract with the firm considered to be the third most qualified at a price considered by the Board to be fair. competitive, and reasonable. negotiations with that firm must be terminated. 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 of the project.

IO. 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.

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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.

Exce ptions. 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
286.011 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.

Specmc Authority: §§190.011(5), 190.011(15), Fla. Stat.
LawImplemented: §§ 119.0701,189.053,190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

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Rule3.7

(1)

(2)

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.

Required Bond. Upon entering into a contract for any of the services described in section (1) 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.

(3)   Discretionary 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.

Spedflc Authority: §§190.011(5), 190.0ll(J SJ, Fla . Stat. Law Implemented: § 255.05, Fla. Stat.

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Rule3.8

(1)

(2)

Goods, Supplies, and Materials.

Pmpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017 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.

Procedure. 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.

If the 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 tlieall required applicable state professional licenses in good standing;

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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 of the bid, proposal, reply, or response.

(t)  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	Fonnatted: Centered, Position: Horizontal: Left, Relatlve to:
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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.

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.

If less than three (3) llids, Jlf8f18Sels, f8JlliesResponsive Bids, Proposals, Replies, or f8SJl8R&esResponses 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 take wbatl:wer S 8JlS ffleseaaely aeeess!H'y iB effler *e proceed with the procurement of goods, supplies, and materials, in the manner the Board determines is in the best

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interests of  the District  which	y include but is not limited to a direct purchase of the goods, supplies, and materials without further competitive selection processes.

Goods. Supplies, 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  pefied that may Bet Meeed tmee  (3) yeem  er  tee tefffl ef tee efigiBeJ eeBffaet, wbielte·fer peried is leBgefll maximum period 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 Authority: §§190.011(5),190.011(15), Fla. Stat. LawImplemented: §§189.053, 190.033, 287.017, 287.084, Fla. Stat.

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Rule 3.9	Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule if the cost exceeds the amount provided in Section
287.017 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;

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58

Hold a cwrent 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. 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 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 bids, 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 rejection is determined to be in the best interest of the District. No Vendor shall be

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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 3.11.

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 tal.e ,..,,aate,;BF stt!f!s reas8ftahly aeeessBFy ia
emBF te  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.

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 a poriad that may aet 8ll:eeed thfee (3) yeaFS er the tBfffi efthe efigieal eeatraet, wltiehe,;er poriad is )eager. 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.

Speclflc Authority: §§ 190.011(5), 190,011(15), 190,033, Fla. Stat.
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Law Implemented: §§119.0701, 190.033, 287.017, Fla. Stat.

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Rule3.10

(1)

Contractual Services.

Exemption from Competitive Purchase. Pursuant to Section 190.033(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.

(2) 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), 190.011(15), Fla. Stat.
Law Implemented: §§119.0701, 190Al1(3), 19(1.033, Fla. Stat.

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 	   1      1ith Res_peet  Te  Preeee gs  HRder RHles 3,1,	-- --- [ Formatted: FOnt: 10 pt, Not Bold

3.41 3,§, 3.{i1 3,8, aed 3.9	_

_ _ __	 _

_--{Fonna_tted_: _Fo_n_t: 9_p_t. B_old _    _

_ _ _ _ _

I

.

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63

Ruld .11	Prolesl's
---with Respt'ct to Procttdings under Rules 3.11 3.2, 3.3, 3.4, 3.5. 3.6. 3.8, 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,-----{ Fonnatted: Indent: Left: o•
, 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 terminate 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 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 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.

(e)        If	Ic)	ff the requirement for the oosting of a protest bond and the amount of the protest bond. which may be expressed by a percentage of the contract to be awarded  or  a  set  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 Belll'Ei NEtt1ire

64

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any person who files a notice of protest lemust post ethe protest bond-m the. The amount efiti6l ta I% ef the llBtieipoteel ee!Hf6et !Hfleuftt that is the f the protest bond shall be detennined by District staff after consultation with the Board and within the limits. if anv, 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.

Informal Proceedin g. If the Board determines 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  formal 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

FGnnatted: Centered, Position: Horizontal: Left,, Relative ID:
Column, Vertfcal: In line, Relative to: Margin, Width: AutD
◄	---'	---'
/

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 oflaw, 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.

Intervenors. 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 oflaw,
defect.  or  an   irregularity   in   the   competitive   solicitation   process, the  Bids,	 	 Proposasl.  Replies,  and Responses are too high,. or if the Board determines  it  is_      .--{ Formatted: text
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), 190.011(15), Fla. StaL Law Implemented: § 190.033, Fl a. StaL

Formatted: Heading 1, Tab stops: Not at O' + 0.5"+ 1" +
1.5• + 2· + 2.s· + 3.25" + 3.5" + 4• + 4.5" + 5" +
5.5" + 6"

Formatted: Centered, Position: Horizontal: Lelt, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

66

Rule 4.0	Effective Date.

These Rules shall be effective	, ,lQ , except that no election of officers required by these Rules shall be required until after the next regular election for the Board.

Spedfic Authority: §§ 190.011(5), 190.811(15), Fla. Stat. Law Implemented: §§ 190.011(5), 190.0JJ(lS), Fla. Stat.

Formau.d: Centered, Position: Horizontal: Left, Relative ID: Column, Vertical: In line, Relative to: Margin, Width: Auto

67

S ECTION V

S ECTION 8

S ECTION 1

Falcon Trace
Community Development District

Check Register Summary

September 01, 2019 through September 30, 2019

	Fund	Date	CheckNo.'s	Amount	
	
General Fund	
9/9/19	
3920-3921	
$	14,128.76	
		9/11/19	3922-3926	$	9,189.23	
		9/18/19	3927-3929	$	17,958.40	
		9/20/19	3930	$	5,000.00	
		9/23/19	3931	$	7,084.64	
		9/24/19	3932	$	20,019.00	
		9/25/19	3933-3935	 	$	5,423.77 	
				$	78,803.80	
	
Capital Projects Fund				
		9/6/19	19	$	16,892.52	
				$	16,892.52	
				$	95,696.32 I	

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 10/09/19
***  CHECK DATES 09/01/2019 - 09/30/2019 ***	FALCON TRACE CDD -GENERAL FUND
BANK A FALCON TRACE CDD

PAGE	1

CHECK  VEND# .••••INVOICE.••.....EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS

STATUS	AMOUNT	.•••CHECK.....
AMOUNT	#

9/09/19 00027

9/01/19 515	201909 310-51300-34000
MANAGEMENT FEES-SEP19
9/01/19 515	201909 310-51300-35100
INFORMATION TECH-SEP19
9/01/19 515	201909 310-51300-31400
DISSEMINATION FEE-SEP19 9/01/19 515	201909 310-51300-51000

9/01/19	515	201909 310-51300-42000	*	8.53	
9/01/19	515	201909 310-51300-42500	*	79.20	

OFFICE SUPPLIES

	9/01/19	

9/09/19	
00027	
8/21/19	

9/11/19	
00079	
8/30/19	

POSTAGE COPIES
516	201909 320-53800-12000
FIELD MANAGEMENT-SEP19

*	4,301.25
*	120.83
*	83.33
*	18.01

*	1,611.92

GOVERNMENTAL MANAGEMENT SERVICES
514	201908 320-53800-12200
POOL ATTENDANTS-AUG19

*	7,905.69

6,223.07 003920

GOVERNMENTAL MANAGEMENT SERVICES
11058	201908 320-53800-47000
MTHLY LAKE MAINT-AUG19

*	300.00

7,905.69 003921

9/11/19 00100

9/11/19 00071

9/11/19 00022

9/11/19 00046

9/18/19 00067

AQUATIC WEED MANAGEMENT, INC.
9/04/19 5409	201909 320-53800-47400
POOL MAINTENANCE-SEP19
ROBERTS POOL SERVICE AND REPAIR INC
9/01/19 726711	201909 320-53800-47500
MTHLY POOL LNDSCAPE-SEP19
REW LANDSCAPE CORP
8/16/19 341899	201909 320-53800-47400
RPR LEAK/RPLC PROBES/STNR 8/18/19 341311	201909 320-53800-47400
TANK RENTAL FEE-SEP19
8/29/19 342099	201909 320-53800-47400
3 SULFUR ACID/2 SOD.BICRB
SPIES POOL, LLC
8/23/19 5467096	201908 310-51300-32300
TRUSTEE FEES-SER.2007
US BANK
9/11/19 9473	201909 300-15500-10000
FY20 GEN.LIAB/PUBLIC OFFC
FALC FALCON TRACE	!ARAUJO

*	600.00

*	2,255.60

*	988.95
*	30.00
*	244.75

*	4,770.63

*	10,920.00

300.00 003922

600.00 003923

2,255.60 003924

1,263.70 003925

4,770.63 003926

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 10/09/19
***  CHECK DATES 09/01/2019 - 09/30/2019 ***	FALCON TRACE CDD -GENERAL FUND
BANK A FALCON TRACE CDD

PAGE	2

CHECK	VEND# ...••INVOICE.••.•.•.EXPENSED TO...	VENDOR NAME DATE		DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS

STATUS

AMOUNT	•.•.CHECK•.•••
AMOUNT	#

9/11/19 9473	201909 300-15500-10000
FY20 PROPERTY INSURANCE

*	6,432.00

9/18/19 00019

9/18/19 00090

9/20/19 00027

EGIS INSURANCE ADVISORS, LLC.
7/31/19 94035810 201908 310-51300-48000
NOT.FY19/20 BDGT ADPT/MTG
ORLANDO SENTINEL
9/12/19 9756151	201909 300-15500-10000
PLATINUM MONITORING-OCT19 9/12/19 9756151 201909 300-15500-10000
SECURITY MONITORING-OCT19
SAFE TOUCH SECURITY SYSTEMS
9/15/19 517	201909 300-15500-10000
ASSESSMENT ROLL - FY2020

*	522.50

*	49.95
*	33.95
-  -  -  -  -  -  -  - - -
*	5,000.00

17,352.00 003927

522.50 003928

83.90 003929

9/23/19 00027

9/24/19 00088

GOVERNMENTAL MANAGEMENT SERVICES
9/23/19 518	201909 320-53800-12200
POOL ATTENDANTS-SEP19
GOVERNMENTAL MANAGEMENT SERVICES
9/24/19 09242019 201909 320-58100-10000
FY19 CAPITAL RESERVE FUND

-  -	-  -  -  -  -  - - -5,-00-0.-00-

-

*	7,084.64
-  -  - -  -  - - -  - - -7,-08-4.-64-
*	20,019.00

003930

003931

9/25/19 00010

FALCON TRACE CDD
9/17/19 6-739-60 201909 310-51300-42000
DELIVERY 09/09/19

- - - - - - - - - - 20,019.00 003932
*	25.62

9/25/19 00015

FEDEX
9/23/19 110034	201908 310-51300-31500
PRP MTG/AGDA/CDD MTG/MEMO 9/23/19 110035	201908 310-51300-31500
PA&U EASE/RENEW AGR/SWIIM

- - - - - - - - - -
*	1,567.95
*	3,544.75

25.62 003933

9/25/19 00022

HOPPING GREEN & SAMS
9/17/19 342667	201909 320-53800-47400
5-15GAL SULFUR ACID/DLVRY

-  -  -  - - - -  -  - - -5,-11-2.-70-
*	284.75

003934

SPIES POOL, LLC	284.75 003935

TOTAL FOR BANK A TOTAL FOR REGISTER

78,803.80
78,803.80

FALC FALCON TRACE	!ARAUJO

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER
***  CHECK DATES 09/01/2019 - 09/30/2019 ***	CAPITAL PROJECTS
BANK C FALCON TRACE CDD

RUN 10/09/19	PAGE	1

CHECK  VEND# .••.•INVOICE.....••.EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS
9/06/19 00010	8/23/19 D18231	201908 600-53800-60009
50% PLAYGROUND PROJ. DEP

STATUS	AMOUNT	...•CHECK	•
AMOUNT	#
*	16,892.52

PLAYMORE WEST INC. DBA	16,892.52 000019

TOTAL FOR BANK C TOTAL FOR REGISTER

16,892.52
16,892.52

FALC FALCON TRACE	!ARAUJO

S ECTION 2

•	•	•	•	•	•

••

C'e	.,.
•••••••• •

Falcon Trace
Community Development District

Unaudited Financial Reporting September 30, 2019

.• ..

•

,.

'e

ii'

•

•

•

Governmental Management Services

....

Table of Contents

1	 	Balance Sheet	

2	
 	General Fund	

3	
 	Debt Service Fund	

4	
 	CapitaI Projects Fund	

5-6	
 	Month to Month	

7	
 	Long-Term Debt	

8	
 	Assessment Receipt Schedule 	

FALCON TRACE
COMMUNITY DEVELOPMENT DISTRICT
COMBINED  BALANCE SHEET

Assets	Governmental Fund

 	General	Debt Service Capital Projects	Totals

2019	

Cash - Wells Fargo	$205,729	----------	---------	$205,729	
Cash - SunTrust	----------	----------	$231,223	$231,223	
Prepaid Expense
Investments	$22,520	----------	----------	$22,520	
Custody Account
Series 2007	$57,936	----------	----------	$57,936	
Revenue Account	----------	$240,389	----------	$240,389	
Redemption Account	----------	$1	----------	$1	
Cost of Issuance	----------	----------	$26,419	$26,419	
ITota I Assets	 	$286,186	$240,390	$257,642		$784,218 11	
Liabilities			
Accounts Payable	$3,057	----------	$0	$3,057	
Fund Equity			
Fund Balances			
Unassigned	$283,128	----------	----------	$283,128	
Restricted for Debt Service	----------	$240,390	----------	$240,390	
Restricted for Capital Projects	----------	----------	$257,642	$257,642	
otal Liabilities and Fund Equity	$286,186	$240,390	$257,642	$784,218	

September 30, 2019

I

1

FALCON TRACE
COMMUNITY DEVELOPMENT DISTRICT
GENERAL FUND
Statement of Revenues and Expenditures For Period Ending September 30, 2019

Revenues;

General Fund	Prorated Budget	Actual
Bud et	Thru 09/30/19	Thru 09/30/19	Variance

Maintenance Assessments	$355,855	$355,855	$365,396	$9,541
Miscellaneous Income	$2,000	$2,000	$2,320	$320 Interest		$0		$0		S166	$166
Total Revenues	$ 357,855	S357,855	$367,882	s10,021 I
Expenditures:

Administratjye:
Supervisors Fees	ss,ooo	ss,ooo	$3,800	$4,200
FICA Expense	$612	$612	$291	$321
Engineer	Sl,000	Sl,000	so	$1,000
Dissemination	Sl,000	Sl,000	Sl,000	so
Assessment Roll	$5,000	S5,000	$5,000	so
Arbitrage Rebate	$600	S600	$600	so
Attorney Fees	$15,000	$15,000	$24,926	($9,926)
Annual Audit	$3,200	$3,200	$3,200	$0
Trustee Fees	$4,450	$4,450	$4,771	($321)
Management Fees	$51,615	$51,615	$51,615	($0)
Information Technology	$1,450	$1,450	S3,425	($1,975)
Telephone	$50	S50	$13	$37
Postage	$500	$500	$179	$321
Printing and Binding	$800	$800	S323	$477
Insurance	$11,800	$11,800	Sl0,654	$1,146
Legal Advertising	$2,500	$2,500	$1,194	$1,306
Contingency	$1,200	$1,200	$940	S260
Property Appraiser	$1,000	Sl,000	$902	$98
Office Supplies	$500	S500	$76	$424
Dues, Licenses, Subscriptions	$175	$175	$175	so
Total Administrative	$110,452	$110,452	$113,083	($2,630) 1

Maintenance:

Field Management	$19,343	$19,343	$19,343	($0)
Property Insurance	$6,870	$6,870	$6,245	$625
Pool Staff Payroll	$76,000	$76,000	$67,862	$8,138
Security	$1,500	$1,500	$923	$577
Telephone Expense	S2,200	$2,200	$2,031	$169
Electric	$18,900	$18,900	$17,438	$1,462
Irrigation/Water	$13,500	$13,500	$5,553	$7,947
Lake Maintenance	$8,600	$8,600	$5,600	$3,000
Pest Control	$650	$650	so	$650
Pool Maintenance	$27,020	$27,020	$30,776	($3,756)
Grounds Maintenance	$33,000	$33,000	$28,784	$4,216
General Facility Maintenance	$10,000	$10,000	$7,328	$2,672
Refuse Service	$4,800	$4,800	$4,928	($128)
Field Contingency	$5,000	$5,000	Sl,345	$3,65S
Transfer Out	$20,019	$20,019	$20,019	$0

Total Maintenance	$247,403	$247,402	$218,176	$29,226 1

Total Expenditures	 	$357,855	$357,855	$331,259	$26,596 1

Excess Revenues (Expenditures)	 	($0)		$36,623	---------1	

Fund Balance - Beglmlng	 	$0		$246,505	----------1	
Fund Balance - Ending	!SO!	$283,128	----------1	

2

FALCON TRACE
COMMUNITY DEVELOPMENT DISTRICT
DEBT SERVICE 2007
Statement of Revenues & Expenditures For Period Ending September 30, 2019

Adopted	Prorated Budget	Actual
Bud et 	Thru 09/30/19	Thru 09/30/19	Variance	
Revenues:		
Assessments - On Roll	$413,660	$413,660	$424,279	$10,619	
Interest	$300	$300	$959	$659	
Total Revenues	 	$413,960	$413,960	$425,238		$11,278 l

Expenditures:		
Special Call 11/01	$0	$0	$5,000	($5,000)	
Interest Expense 11/01	$17,663	$17,663	$17,663	$0	
Principal Expense 05/01	$385,000	$385,000	$385,000	$0	
Interest Expense 05/01	$17,663	$17,663	$17,550	$113	
Total Expenditures	$420,325	$420,325	$425,213	($4,888 )!	

Other !i!Urtes IU ses)					
Transfer In (Out)	$0	$0	$76	$76	
Excess Revenues (Expenditures)	($6,365!	 	$101		
Fund Balance - Beginning	$239,924	$240,289	
			
Fund Balance - Ending	$233£559	$240,390	

3

FALCON TRACE
COMMUNITY DEVELOPMENT DISTRICT
CAPITAL PROJECTS FUND
Statement of Revenues & Expenditures For Period Ending September 30, 2019

Adopted	Prorated	Actual
Budget 	Thru 09/30/19	Thru 09/30/19	Variance	

Revenues:

Transfer In	$20,019	$20,019	$20,019	$0
Interest	$150	$150	$194	$44

Total Revenues	$20,169	$20,169	$20,213	$44 I	
Expenditures:					
Pool Furniture	$10,000	$10,000	$2,982	$7,018	
Building Renovations	$25,000	$25,000	$0	$25,000	
Improvements	$0	$0	$6,895	($6 ,895)	
Capital Reserves	$0	$0	$16,893	($16 ,893)	

Total Expenditures	$35,000	$35,000	$26,770	ss ,230 I	
Qlb@r SQYrces ( UsesI					
Transfer In (Out)	$0	$0	($76)	($76)	

Total Other	$0	$0	($76)		!$76) 1

Excess Revenues (Expenditures)	($14,831)	($6,632)	
			
Fund Balance - Beginning	$234,197	$264,275	

Fund Balance - Ending	 	$219,366	$257,642	

4

FALCON TRACE
COMMUNITY  DEVELOPMENT DISTRICT
oct	Nov	15ec	lan	e6	Mar	Ap,	Nlav	Jun	]iii	Aug	Sep	Total

!!!l!!!!!mi
Maintenance Assessments			$0	$5,674	$280,788	$17,760	$17,121	$19,591	$4,476	$9,286	$2,364	$5,197	$3,141	$0	$365,396 Miscellaneous Income	$300			$0		$125			$0		$125		$50		$180		$405		$275		$215		$645	$0		$2,320 Interest		$14		$15			$14		$15			$15		$13 $15 $14 $15 $14 $12 $10 $166

Total Revenues	314	S5is  §	2Blmi1
Expenditures·
Admfnlsr,ptfyc

517, 775	17,iih	519,&54	. 670	591705	5 2,653	551426	5  3,7    99	10	s 361,s 22 I

Supervisors Fees	$0	$0	$0	$800	$200	$1,000	$0	$1,000	$0	$0	$800	$0	$3,800 FICA Expense	$0	$0	$0		$61		$15		$77	$0		$77	$0	$0		$61	$0		$291 Engineer	$0	$0	$0			$0			$0			$0                  $0                  $0                   $0                   $0                   $0                   $0                   $0 Dlssemlnatlon Agreement                    $83                    $83                   $83                    $83                   $83                   $83                    $83                    $83                   $83                    $83                   $83                    $83               $1,000    Assessment Roll                                         $5,000                     $0                     $0                      $0                      $0                      $0                      $0                      $0                      $0                      $0                      $0                      $0           $5,000
Arbitrage	$0	$0	$0	$0	$0	$0	$0	$0	$0	$600	$0	$0	$600
Attorney	$184	$642	$0	$2,437	$270	$4,278	$2,291	$4,184	$3,198	$2,330	$5,113	so      $24,926
Annual Audit	$0	$0	$500	$0	$2,700	$0	so	$0	$0	$0	so	$0	$3,200
Trustee Fees	so	$0	$0	$0	$0	$0	so	$0	$0	$0	$4,771	$0	$4,771
Management Fees	$4,301	$4,301	$4,301	$4,301	$4,301	$4,301	$4,301	$4,301	$4,301	$4,301	$4,301	$4,301	$51,615
Information Technology	$121	$121	$121	$121	$121	$121	$2,096	$121	$121	$121	$121	$121	$3,425
Telephone	$0	$13	so	$0	$0	$0	so	$0	$0	$0	$0	so	$13
Postage		$7	$12	$4	$12	$37	$7	$13	$23		$9	$17	$5	$34	$179 Prfnting and Binding		so		$0	so		$0	$38	$2	$72		$2	$79	$48	$4	$79	$323 Insurance	$10,654		$0	$0		$0		$0	$0                       $0                       $0                        $0                       $0                       $0                       $0               $10,654
Legal Advertising	$0	$0	$0	$196	$0	$196	$0	$279	$0	$0	$523	$0	$1,194
CDntlngency	$104	$129	$63	$73	$64	$80	$67	$75	$87	$56	$67	$76	$940
Property Appraiser	$902	$0	$0	$0		$0	$0		$0	$0		$0	$0	$0		$0	$902 Office Supplies		so	$0	$0	so	$18	$0	$18	$1	$18	$1	so	$18		$76 Dues, Licenses, Subscriptions	$175	$0	$0	$0		$0	$0                     $0                       $0                     $0                       $0                      so            $0                   $175
Total Admlnlslratlv	$21,532	$5,302	$5,073	$8,084	$7,847	s10,144	$8,941	$10,145	$7,896	$7,558	$15,848	$41713	$113,083 1

5

FALCON TRACE
COMMUNITY  DEVELOPMENT DISTRICT

	Oct	l'lov	l!ec	Ja n	Fe 6	Mar	Ap,	Ma y	Jun	Jul	Aug	ee	Total	
Malntcnaam														
Field Management	$1,612	$1,612	$1,612	$1,612	$1,612	$1,612	$1,612	$1,612	$1,612	$1,612	$1,612	$1,612	$19,343	
Property Insurance	$6,245	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$6,245	
Pool Staff Payroll	$6,7S5	$4,326	$1,887	$2,095	$1,675	$4,565	$5,882	$9,189	$8,971	$7,526	$7,906	$7,085	$67,862	
Security	$86	$84	$84	$84	$84	$84	$82	$84	$84	$84	$84	$0	$923	
Telephone Expense	$161	$161	$162	$162	$162	$162	$177	$177	$177	$177	$176	$177	$2,031	
Electric	$1,569	$1,441	$1,359	$1,340	$1,346	$1,299	$1,427	$1,46S	$1,638	$1,455	$1,552	$1,546	$17,438	
Irrigation/Water	$500	$354	$322	$265	$401	$416	$541	$504	$563	$640	$501	$545	$5,553	
Lake Maintenance	$300	$300	$300	$300	$300	$300	$300	$300	$300	$2,300	$300	$300	$5,600	
Pest Control	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Pool Maintenance	$1,789	$1,519	$1,225	$1,750	$3,875	$2,718	$2,004	$2,280	$3,062	$3,949	$1,701	$4,906	$30,776	
Grounds Maintenance	$2,256	$2,256	$2,256	$2,774	$2,256	$2,840	$2,256	$2,256	$2,871	$2,256	$2,256	$2,256	$28,784	
General Facility Maintenance	$1,081	$297	$0	$1,115	$342	$251	$1,376	$350	$2,004	$353	$0	$160	$7,328	
Refuse Service	$397	$400	$400	$417	$413	$409	$412	$413	$414	$425	$412	$416	$4,928	
Field Contingency	$0	$0	$0	$250	$0	$0	$0	$0	$126	$520	$449	$0	$1,345	
Transfer Out	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$20,019	$20,019	
Total Molnlenonce	S22,750	$12,750	$9,606	$12,163	$12,466	$14,656	$16,069	$18,630	$21,821	$21,295	$16,947	        $39,022		$218,176 j	

Total Expenditures	 	544,282	$18,052	$14,679	$20,247	$20,313	$24,801	$25,011	$28,775	$29,717	$28,854	$32,795	 $43,734	$331,259 1

Excess Revenues (Expemltures)	! 3,966!	! $1 2,363!	$266,248	!$2,4731	1$3,052 1	j$5,l47!	!520, 340!	IS19,070 j	!$27,064!	!$23,428!	!$28,996!	!$43,724!	$36,623 1

FALCON TRACE
COMMUNITY DEVELOPMENT DISTRICT
LONG TERM DEBT REPORT

SERIES 2007, SPECALASSESSMENT REFUNDING BONDS		
MATURITY DATE:	5/1/2020		
RESERVE FUND DEFINITION	MAXIMUM ANNUAL DEBT SERVICE		
RESERVE FUND REQUIREMENT	COVERED BY FINANCIAL GUARANTY INSURANCE POLICY		
RESERVE FUND BALANCE	$0		
BONDS OUTSTANDING - 9/30/13	$2,475,000	
LESS: PRINCIPAL PAYMENT 5/1/14	($310,000)	
LESS: PRINCIPAL PAYMENT 5/1/15	($325,000)	
LESS: PRINOPALPAYMENT 5/1/16	($335,000)	
LESS: PRINCIPAL PAYMENT 5/1/17	($350,000)	
LESS: PRINCIPAL PAYMENT 5/1/18	($370,000)	
LESS: SPECIAL CALL 11/1/18	($5,000)	
LESS: PRINCIPAL PAYMENT 5/1/19	($3850, 00)	
CURRENT BONDS OUTSTANDING	$395,000	

7

FALCON TRACE
COMMUNITY DEVELOPMENT DISTRICT SPECIAL ASSESSMENT RECEIPTS - FY2019 TAX COLLECTOR
Gross Assessments $	818,144	$	378,569   $	439,575
Net Assessments $	769,056   $	355,855	$	413,201
	
Date Received	

Dist.#	
Gross Assessments Received	
Discounts/	Commissions	Interest	Net Amount Penalties		Paid	Income		Received	
General Fund 46.27%	2007
Debt Svc Fund 53.73%	
Total 100%	

11/13/18	
1	
$	7,355.81	$	327.45	$	$	$	7,028.36	$	3,252.14
$	2,421.80
$	20,958.14
$	69,828.46
$	54,380.38
$  135,620.60
$	17,759.84
$	17,120.80
$	19,590.55
$	4,475.61
$	9,285.92
$	2,363.54
$	5,196.79
$	3,141.43	$	3,776.22
$	2,812.06
$  24,335.49
$  81,081.17
$  63,143.65
$ 157,475.56
$   20,621.80
$  19,879.78
$  22,747.52
$	5,196.85
$   10,782.33
$	2,744.41
$	6,034.25
$	3,647.66	$	7,028.36
$	5,233.86
$  45,293.63
$ 150,909.63
$ 117,524.03
$293,096.16
$   38,381.64
$  37,000.58
$   42,338.07
$	9,672.46
$   20,068.25
$	5,107.95
$  11,231.04
$	6,789.09	
11/19/18	2	$	5,451.96	$	218.10	$	$	$	5,233.86				
12/3/18	3	$	47,181 .06	$  1,887.43   $	$	$ 45,293.63				
12/10/18	4	$	157,198.18	$  6,288.55	$	$	$ 150,909.63				
12/17/18	5	$	122,180.14	$  4,887.69	$	$	231.58	$ 117,524.03				
12/21/18	6	$	305,309.76	$12,213.60	$	$	$293,096.16				
1/14/19	7	$	39,981.04	$  1,599.40	$	$	$ 38,381.64				
2/19/19	8	$	39,260.58	$   1,561.49	$	698.51	$	$ 37,000.58				
3/14/19	9	$	42,115.97	$  1,181.97	$	$	1,404.07	$ 42,338.07				
4/11/19	10	$	9,772.44	$	99.98   $	$	$	9,672.46				
5/9/19	11	$	20,068.25	$	$	$	$ 20,068.25				
6/13/19	12	$	4,862.68	$	$	$	245.27	$	5,107.95				
7/11/19	13	$	11,231 .04	$	$	$	$ 11,231.04				
8/19/19	14	$	6,789.09	$	$	$	$	6,789.09				
	Totals		$	818 ,758.00	$30,265.66	$	698.51    $	1,880.92	$ 789,674.75	$ 365,395.99	$ 424,278.76	$ 789,674.75	

8

S ECTION 3

Task

Falcon Trace Action Items
Status	Estimated Completion

Landscape Upgrades	Approved at May 2019 Meeting - Awaiting Installation, Scheduled by Board after Hurricane Season	
October 2019	

Playground Replacement	Approved at August 2019 Meeting - Awaiting Installation,
Scheduled by Board for October 2019	
October 2019	

Mill and Resurface of Parking Lot	Approved at May 2019 Meeting - Awaiting Installation, Scheduled by Board upon Completion of Landscaping and Playground, Signage Proposal Attached to Indicate No
Parking	

First Quarter 2020	
Pressure Washing Sidewalks, Fence, Pool Deck, Dock	Staff is coordinating in pool offseason	First Quarter 2020	
Basketball Court Repainting	Staff is Coordinating Proposals	First Quarter 2020	
Pool Slide Refurbishment	Staff is Coordinating Proposals	First Quarter 2020	
Painting Pool Deck/Tower	Staff is coordinating in pool offseason	First Quarter 2020	
Restroom Refurbishment	Staff is Coordinating Proposals	FY 2021	
Roof Replacement	Staff is Coordinating Proposals	FY 2021	

Updated: 10/9/19

FASTSIGNS
More than fast. More than signs
FASTSIGNS South Orlando/ Convention Center
9900 Universal Blvd Suite 114
Orlando, FL 32819

Estimate
Estimate Date:

Page 1 of 1

332-41515
9/13/2019   3:27:53PM

ph:   407-826-0155
fax:  407-826-0662
Email:	332@fastsigns.com
Customer.	Falcon Trace Cdd Contact:	William Viasalyers Description:	JAG-ASSORTED SIGNS Sales Person: Jack Cedron
Clerk:	Jack'Codron
Dear William:

Customer:

3931

Printed:	9/13/2019 3:29:0BPM

ph:	(407) 451-4047

email : wviasalyers@gmscfl.com

Please contact me if you have any questions regarding the quotation below. We appreciate your business and hope to hear back from you soon!

Sincerely,

Jack Cedron Owner

Product	Qty    I Sides J	H   x W	I Unit Cost I	Totals

1	Aluminum .080	3	1	18 X 12	$43.00	$129.00
Description: Aluminum .080 with cut or printed vinyl applied.
Color: RED AND BLACK
Text NO
PARKING BETWEEN
SIGNS
<	1
 	--->X2	

2	LI-channel post	•
Description:  10' GALVANIZED U-Channel Post

3	OxO	$70.00	$210.00

Notes:
Line Item Total:	$339.00	
Tax Exempt Amt:	$339.00	
Subtotal:	$339.00	
Taxes:	$0.00	
Total:	$339.00	

Deposit Required:	
$339.00	

Bill To: Falcon Trace Cdd
William Viasalyers 135 W Central Blvd Suite320
Orlando, Ff 32801
SYSTEM\FASTSIGNS_CRYSTAL_EsttmatoD1

More than fast. More than signs.

All Payments are due  at our offices within 30 days of order completion.

RecelvedfAccepted By:
I  I

BET	EEN
SIG	S
_...	_- _---

S ECTION 4

This item will be provided unde r separat e cover

S ECTION VI

S ECTION A

•

From: JIiiian Burns jburns @gm scfl.com (iJ
Subject: Re: Role of Hopping Green
Date: September 2, 2019 at 8:07 PM
To: Lauren Vanderveer lvanderveer@gm scfl.com , Perry Shaikh falcontracesupervisor@gma il.com

Perry,

We will add this to the agenda for the next meeting as an item you requested. Thank you.
Jill Burns
Governmental Management Services Central Florida, LLC
135 West Central Boulevard, Suite 320 Orlando, Florida 32801
Tel: (407) 841-5524 ext: 115
Fax: (407) 839-1526
jburns@gmscfl.com

Begin forwarded message:

From: Perry Shaikh <falcontraceresor tlfugmai l.com > Subject: Re: Role of Hopping Green	· Date: August 31, 2019 at 3:50:48 PM EDT
To: Lauren Vanderveer <lvanderveer@gmscfl.com>

Lauren, you have so far tailed to have this matter sorted out and understood. It was not on the agenda. We just had a Board meeting . unfortunately you have not taken this matter seriously.
Pis have it placed on the agenda for next meeting. Review tho role of Hopping Green. What worries me unnecessary duplication.,,..unnecessary duplication of our expenses .
Hopping Greens is the legal advisor of Tho Board period. Not employed by GMS. Thank you
Perry

On Wed, Aug 14, 2019. 9:03 PM Perry Shaikh <falcontraceresort@gmail.com> wrote:
1 Lauren,
Just a small question...! notice you sent via e mail a copy of all invoices to five individuals at Hoppin Green Law firm. In my opinion this has nothing to do with the lawyers work.
We do not need lawyers okay, on the bills which the Board pays thru GMS In fact the Board does not need any ones permission to pay tor
Any bill. Gms is following only what the Board has determined to be done.
In my opinion, its waste ifGMS time and money. On top of that ,we are paying Hopping Green to read something totally irrelevant.
We paid Hopping Green over threethcusand dollars for june, there was not even a meeting scheduled in ,lune2019. Please help us save as much money for tax payers as poss•ble.
Pis feel free, to 1st Hoppimg Green know my comments. Thank yoy
Perry Shaikh Thank you

Hopping Green & Sams
Al!Dmays and Ca11168kn
119 S. McnrDe   •t.sta.300 P.0.Box6526
Tallahaaee, Fl 32814
850.222.7500

fbJ	©rere w	ml
t	JUL 1 e 2019	JJ!J
BY;.. 	_-----

•=••==••••••••===••••••=•======== STATEMENT=====••=•= •===•••••=•=•••=•=====
lune 18, 2019

Falcon Trace Community Development District
Govemrnental Management 5e,vlces
1412 s. Narmossee Road
St, Cloud, FL 34771

General counsel
FALCON	00101	MCE
fOB PROflUl9NAL SEBY!r&I 880NI

;,\"\5
'J}0-51'), J\j

BIii Number 108641
Billed through 06/30/2019

06/03/i9	MKR ·	Research outstanding district business.	0.10 hrs

06/04/19	MCE
06/06/19	MKR
06/10/19	APA
06/11/19	APA
06/12/19	MKR
06/18/19	MKR

06/19/19	APA
06/21/19	MKR

06/22/19	MCE
06/25/19	MCE
06/25/19	MKR

Review outstanding Issues.

Review and finalize landscape work authorizatloni
Research status regarding statewide mutual aid agreement.

Review GMS website agreement list regarding statewide mutual aid agreement. Review April unaudited financial report.
Review and revise agreement regarding parking lot resurfacing With Seminole Asphalt Paving.

Updati! dlstrld: status chart.
Follow-up with county regarding request for release of PA&U easement; confer With Almodovar, Medina and Kalus regarding same; follow-up.

Review Shaikh questions; prepare responses to same.

Prepare response to Shaikh questions..
Revise response to Shaikh regarding budget process and flnancial status of
district; CQl1fer with Burns and Viscarra regarding same.

0.30 hrs

0.50 hrs

0.30 hrs

0.20 hrs

1.20 hrs

1.80 hrs

0.10 hrs

1.20 hrs

0.40 hrs

0.30 hrs

4.30 hrs

06/27/19	MKR	Pre re memorandum and asset chart for Shaikh.

06/30/19	MCE	ReVlew e-malls from Shaikh; confer with Shaikh.

Total fees for this matter

2,00 hrs

0.30 hrs

$3,197.50

MATTER SUMMARY

Filcon Trace COO • Gen. C.Ounse	8fll No. 108641			Page 2	
Papp, Annie M. - Paralegal		0.60 hrs	125 /hr	$75.00	
Eckert, Michael C.		1.30 hrs	310 /hr	$403.00	
Rigoni, Michelle K.		11.10 hrs	245 /hr	$2,719.50	
	TOTAL FEES			$3,197.50	

TOTAL CHARGES FOR THIS MATTER

$3,197.50

Papp, Annie M. - Paralegal Eckert, Michael c.
Rigoni, Michelle K.

TOTAL FEES

0,60 hrs
1.30 hrs
11.10 hrs

125 /hr 310 /hr 245 /hr

$75.00
$403.00
$2,719.50

$3,197.50

TOTAL CHARGES FOR THIS BILL	$3,197.50

Please Include the bill number on vour check.