Poitras East Community Development District
12051 Corporate Boulevard, Orlando, FL 32817	Phone: 407-723-5900 http://poitraseastcdd.com/
The following is the proposed agenda for the upcoming Meeting of the Board of Supervisors for the Poitras East Community Development District ("District"), scheduled to be held at 4:00 p.m. on Tuesday, December 17, 2019 at 6900 Tavistock Lakes Blvd., Suite 200, Orlando, FL 32827. A quorum will be confirmed prior to the start of the meeting.

If you would like to attend the Board Meeting by phone, you may do so by dialing:

Phone:	1-844-621-3956	Participant Code:	796 580 192#

BOARD OF SUPERVISORS' MEETING AGENDA

Organizational Matters
Roll Call to Confirm Quorum
Public Comment Period
Consideration of the Minutes of the November 19, 2019 Board of Supervisors' Meeting
(provided under separate cover)

Business Matters
Consideration of Construction Committee Recommendations for Request for Qualifications from Contractors Interested in Providing Construction Services for Master Infrastructure Improvements (provided under separate cover)
Consideration of Request to Advertise (provided under separate cover)
Consideration of 2020 04, Setting Public Hearing to Adopt Amended and Restated Rules of Procedures
Memorandum of Updated Provisions of the District's Rules of Procedures
Redlined Rules of Procedures
Ratification of Payment Authorization Nos. 045 - 046
Recommendation of Work Authorization/Proposed Services (if applicable)
Review of District's Financial Position and Budget to Actual YTD (provided under separate cover)

Other Business
Staff Reports
District Counsel
District Manager
District Engineer
Construction Supervisor
Supervisor Requests

Adjournment

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Poitras East Community Development District

Minutes of the November 19, 2019 Board of Supervisors' Meeting (provided under separate cover)

Poitras East Community Development District

Construction Committee Recommendations for Request for Qualifications from Contractors Interested in Providing Construction Services for Master Infrastructure Improvements
(provided under separate cover)

Poitras East Community Development District

Request to Advertise
(provided under separate cover)

Poitras East Community Development District

Resolution 2020-04,
Setting Public Hearing to Adopt Amended and Restated Rules of Procedures

RESOLUTION 2020-04

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

WHEREAS, Poitras East Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated within the City of Orlando, Florida; and

WHEREAS, the Board 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 SUPERVISORS	OF	THE DEVELOPMENT DISTRICT:

RESOLVED   BY  THE	BOARD OF POITRAS	EAST	COMMUNITY

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

Rules	of	Procedure	on	 	

2020,	at	 	

.m.,	at

SECTION 2.	The District Secretary is directed to publish notice of the hearing in
accordance with Section 120.54, Florida Statutes.

SECTION 3. This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 17th day of December, 2019.

ATTEST:		POITRAS EAST COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Poitras East Community Development District

Memorandum

t-1oppin J Grrcn E! S8n1s
Al torney, aIId Co LI nsr,Ior

MEMORANDUM

TO:

FROM: RE: DATE:

Poitras East Community Development Disrrict Board of Supervisors

Tucker F. Mackie

Updated Provisions of the District's Rules of Procedure December 17, 2019

Please find attached to this memorandum an updated version of the Poirras East 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 TuckerM@hgslaw.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.

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 infonnation, shall  be

Post Office Box 6526	Tallahassee, Florida 32314	119 SoLI1h Monroe Stree!, Suite 300 (32301J	850 222 7500 a50 224.a551 fax	www hgslaw com

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

Flexibility for Board Authorization (Page 13)

Language was added to Rule l.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 Firesafety Board Discussions ( Page 14)

Rule l.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 IS)

Rule I .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 oftbe District's competitive solicitations, the District Manager's failure to provide them with a copy of the notice will not give them bid protest rights or otherwise disqualify the District's otherwise valid procurement. This will reduce the District's exposure to potential bid protests and decrease the likelihood of a procurement being considered invalid due to a technical irregularity.

Procedure Regarding Auditor Selection (Page JI)

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 40 42)

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

Protest Bonds (Pages 61  62)

Rule 3.11( 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.

Minor Changes

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

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

Rule l.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 govemrng authority on voting conflicts of interest. This change reflects the recently passed Amendment 12 to the Florida Constitution. (Pages 5-6 ).

Rules I.3(1)(e), ( I )(d), (l)(f): and 3.2(9): These Rules were amended to allow inclusion of language substantially similar to that recited in the Rules. (Pages I0-11 and 34).

Rule 1.3(6): This Rule was amended to require the chair or vice chair to consult with the District Manager and District Counsel, if they  are  available,  before  calling  an  emergency  meeting.  (Page 12).

Rule 2.0{ I 2)(d): This Rule has been amended to allow 90 days instead of 60 days for the Board to announce a decision on a petition for variance or waiver of its Rules. (Page 21).

Rule 3.0(3)/b): The dollar thresholds in this Rule have been increased to $2,000,000 for a study activity when the fee for such Professional Services to the District does not exceed the increased amount of$200,000, to reflect the current statutory thresholds. (Page 22).

Rules 3.1(4)(b), 3.6(2)(c){ii)6., and 3.8(2)(k): The word "responsive" has been added to allow the Board to proceed with evaluating and selecting a proposal from the submissions if it receives fewer than three responsive proposals. (Pages 28, 49 and 55).

Rule 3.2(3)(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 44 and 48).

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 63).

Poitras East Community Development District

Redlined Rules of Procedures

AMENDED AND RESTATED RULES OF PROCEDURE
_	_	_	_	_	_	_	_	_	_	_	_	COMMUNITY DEVELOPMENT DISTRICT

TABLE OF CONTENTS

 1.0	GeHeral .... ............................ ................... ............................. ......................................	2

 	I. I	

Boa rel of Sut1en 1isors; Offieers efld  Voting ............... ................... ................. 	3

 	l.2	District Office s; Pub li c l1tformt1tio11 and Inspection of Records : Pel icies:
Sen·iee Cea aet Require1:ueRts..... .......... .......... .................... ...................... ...	7
 	1.3	Public Meetings. Heeril'lgs, ana Werl sho13s ................... ............. ............... ...	lQ
2.0	Rule1 1eki11g PreeeediRgs .................................................................................... ......	15
3.0	Co1npetith·e  P1:1rehnse ... ...... ......................................... ............................ .................	21
3.1	Procedure lJ11dcr The Cons litams · Co1:ap etiti  ·e Negoliatio1  Act ................	2G
J.2	Proceeh1re  Re15artling Auditor  Selection ............................................ ............	30
J .3	Purchase  of h1st1rance ....................................................................................	34
3.4	Pre Etttftlifieatien.......... .............. ........................... ..........................................

3.5	Cens1n1etioA Contre s, lot Des1gA BuileL............. .................. ...................

J.e	Construction C:01m acts, Design 81:1ild .. ........................................................ .

3.7	Peyme1'lt ftRd Perfermence Bo11ds. .................................................................

39

,13

48

3.8	Goo,Els

St1J313lies, and Mat erials .....................................................................	49

3.9	Me inteeane e Sef\·ices ....... ................................. ............................................

3. 1O	Centreettutl  8er.·iees .............. .......................................................................	.	56
3.11	Prntests with Resf)eet le PreeeediAgs uAder Rt1les 3.1, 3.2, 3.3, 3.4,
3.5,  3.6.  3.8,  81  0 3.9.......................................................................... .............	57
 4.0		             60
EFFECTIVE AS OF 	•  20 	

Rule 1.0	General
Rule I.I

TABLE OF CONTENTS
Board of Supervisors; Officers and Voting.

....... 3
.4

Rule 1.2

Rule 1.3

Rule 1.4

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.............
Rule 3.0	Competitive Purchase......................................

......... 17
........ 23

Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act.	28

Rule 3.2

Rule 3.3

Rule 3.4

Rule 3.5

Rule 3.6

Rule 3.7

Rule 3.8

Rule 3.9 Rule3.I0

Procedure Regarding Auditor Selection.

Purchase oflnsurance.....................

Pre-qualification..........................

Construction Contracts, Not Design-Build....

Constrnction Contracts, Design-Build ......

Payment and Performance Bonds. Goods, Supplies, and Materials. Maintenance Services......
Contractual Services..............

.............. 32

37

................................ 39

.... 44

........ 48

... 53

.................... 54

....... 58

............... 62

Rule3.II

Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9.	64

Rule 4.0	Effective Date.........	67

2

Rule 1.0	General.

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 affinnative vote of the District Board. After a Rule becomes effective, it may be repealed or amended only through the rulemaking procedures specified m 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.

Spl'cific Authoi-ity: §§ 190.011(5), U0.011(15), Fla. St11.t. Law lmpfoml'nh>d: §§ 190.011(5), 190.011(15), Fla. Stat.

Rule 1.1

(I)

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 res denl electors the Board to I  ctor  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,--att4 an I for those elected, hall also be qua lified  to run by the Su pen i  or of Elections . The Board shall exercise the powers granted to the District under Florida law.

Supervisors shall hold office for the tenn 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  pmposes.  A Board member shall be counted toward the quorum if physically present at the meeting, regardless of wbether 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 - sha ll 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 apprnved pursuant to subsection (I)(c) of this Rule.

Officers. At the first Board meeting held after each election where the newly elected members take office, the Board shall select a Chairperson, Vice­ Chairperson, Secretary, Assistant Secretary, and Treasurer.

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District's behalf. The Chairperson shall convene and

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. Tf 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  e mp loy iee  of  the  District Manager  may  serve  as  Secretary.   The  Secretary  shall   be  bonded  by  a Fe putable 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 per form duties described in Section 190.007(2) and (3) of the Florida  Statuk:s,  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 fidelit'/ bond, employee theft insurance policy, or a comparable product in al le a t the amount of one million dollars ($1,000,000) that names the  District  as  an  additional insured.

In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, resolutions, and other documents approved by the Board at such meeting. In the event that the Chairperson and Vice-Chairperson are both unavailable to execute a document previously approved by the Board, the Secretary or any Assistant  Secretary may execute such document.

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.

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 perfonn 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 rlorida 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 coming before the Board, the member should notify the Board's Secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This announcement shall appear in the minutes.

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. Tf the Board member was elected by electors residing within the District, the Board member is prohibited from voting on the matter at issue. ln 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 (Fonn 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.

Tf 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 mmutes 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 pem1itted to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the continuing conflict. Only one such continuing Memorandum of Voting Conflict shall be required to be filed for each  term the Board member is in office.

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

Rule 1.2	District Offices; Public Information and Inspection of Records; Policies;
Service Cont.-act Requirements; Financial Disclosur e Coordina tion .

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 coilllty 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 publie financing;

Limited Offering Memorandum for each financing undlertaken by the District;

Proceedings, certificates, bonds given by all employees, and any and all corporate acts;

District policies and rules;

(i)	Fiscal year end audits; and

(k)	Adopted budget for the current fiscal year.

The District Manager shall ensure that each District records office contains the documents required by Florida law .

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

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 Contrncls. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all conn-act 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. l 5 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 ofreproduction. 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 i nclude, 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 ofl abor, those portions of  the charge shall be calculated  based on the lowest labor cost of the individua lw who is/are  qualified  to perform  the labor,  taking  into  account  the   nature   or  volume   of  the   public   records  to   be   in pected or copie d. The charg ma y includ e the labor cost of supervisory and /or clerical staff whose assistance i req u i red to complete the record request. in
accordance  with   Flo rid.a ,la   .	For    purposes   of   this   Rule,  the  word "extensive"
shall mean that it will take more than l 5 minutes to locate, review for confidential information, copy and re-file the requested material. ln cases where extensive personnel  time is determined  by the District to be necessary to safeguard original
records being inspected, the special service charge provided for in the-this section shall apply. If the total fees,  including  but  not  limited  to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. lf 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 estim ate, the Dis tric t is un der no duty to produce

the reguesr d record.::.. After the request has been fulfilled, additional payments or credits may be due. The District i.  under  no duty  to  produce  records in  re ponse to future record s requests if the pers on mak inir the req uest owes the District for past unpaid dupl icat ion char!.!es, spec ial ser rce charges, or other required  payment or cred it!>.

( 7)

Records Retent ion. 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.

Financial   Disclosure  Coordination.	Un less specificall y des i1.mated by Board

resolution   otherwis, e	the Sen etar y sha ll serve as the Financial Disclosure
Coordinator    ("Coordinator")    for  the   District		as   required	bv the Florida Commission  on  Ethics ("Commission" ).		e  Coordinator  sh 11   r	m in in and  update a Ii  t of the name  , e-mail  addr -		 es, physical  addres  e  . and  name   of the agency of, and tbe office or p  sition he ld bv. all  Supervisor   and oLher  per  on requ ired by Florida law· to -tile a stateme nt of financial interest due to his or her affiliation  with  Lhe   District  (' Reporti n	Individua l'}	The Coordinator shall provide this lis t to the Commi ssi on by Febrnary l of each vear. which list shall be current  as  of  December  31  of  the  prior  vear.	Each Supervisor and Reportim.! Lnd ividua l shall promptly notify the Coordinator in writing if the re are any changes to such person's name, e-ma il a ddress. or  phvsical  address.  Each Supervisor and Reporting lndi idual sha ll promptlv notifv the Cammi s io n in the manner prescribed bv the Commission if there aL"e any charu!e to such pe rson ' e­ mail address .

Specific Authol'ity: § 190.011(5), 190.011(15), Fla. Stitt.
Law lmpll'mentl'd: §§ I I 2.J l.i46!3), 1 l2 .3 J.i5f8 )(n) I. . I I 9. 07. 119.0701, 190.006, +W. 1+.-Fla. Stat.

Rule 1.3

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 lo cated. "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 infonnation 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 I 89.015 of the Florida Statutes, shall be published in a newspaper not of limited subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a week . Each Notice shall state, as applicable:

The date, time and place of the meeting, hearing or workshop;

A brief description of the nature, subjects, and purposes of the meeting, hearing, or workshop;

The District office address for the submission of requests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and

The following or sub  tantially  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 meet i ng/hearing/workshop by contacting the District Manager at L_)
_ _ _ _ _ _ _ . If you are hearing or speech impaired , please contact
the Florida Relay Service at I (800) 955-8770  or  l  (800)  9  5-877 l,  who can aid you in contacting the District Office."

The follow ing or   ub  tan ti ally    i m i lar  lan611.iage: " 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 ."

The following or.  ubs tan t ial  ly   i mi lar  language:- "The meeting [or hearing or workshop] may be continued in  progress  without  additional  notice  to  a time, date, and location stated on the record."

Mistake. Tn 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 eetiee and an agenda of the meeting/hearing/workshop.	The  notice  and  agenda and an	meeting   ma terial a  ailable i11 an	lectronjc fomrnL excluding  any confidential  and  an  confid  nti al and exempl info rm at io n. shall be available to the public at least se·,,eftt;' tws (72) 1-lettt-sseven days before the meeting /hearing/workshop except in an emergency. Meeti11	ma terial	hall   be   defin  d   as,   and   l i mited    to.   the    agenda.   m  e1i11Q minutes,  re  olution  ,  and  aQree  ments  of  the  District   that  District   staff   deems 11ecess       aQ1       for   Board   approval.   inclusion   of   additiona l    ma ter ial	for Board consideration other than tho e defi ne d herein as "meeting materials" shall not con   ert such  mater ials   in to ·'111eeti111!  material   _"   For good  cause , the agenda  may be changed after it is first made available for dis tributi on.  and  additional  ma te rial rnay  be added  or  pr  vided  under eparate  cover  at  the mee ting .   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 Organizationa I matrers 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

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 Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. Such persons shall furnish a mailing address in writing and shall be required to pre-pay the cost of the copying and postage.

	Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable, upon consult,111011 with the D1strn:t Manager and District Counsd. if available, may convene an emergency meeting of the Board without first having complied with sections (I) and (3) of this Rule, to act  on emergency  matters  that  may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to  provide  public  notice  and  notify  all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the  meeting  on  the  District's website, if it has one. Whenever an emergency meeting is called,  the  District Manager shall be responsible for notifying at least one newspaper of general circulation in the  District.  After an emergency  meeting, the  Board shall publish  in  a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary_,_ and a description of the action taken. Actions taken at an emergency meeting may  be ratified by the Board at a reglLiarly 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 ofrequired 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

published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.

(lO)   Participation  by Teleconference/Videoconference.   District  staff  may participate in Board meetings by teleconference or videoconference. Board members may also participate m 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 detennines that extraordinary circumstances do not exist.

{l l) Board Authorization.  The District has not adopted  Robert's Rules of Order.  For each agenda item, there shall be discussion permitted among the Board members during the meeting. Unless such procedure is waived by the Board. AJ.pproval or disapproval of resolutions and other proposed Board actions shall be in the form of a motion by one Board member, a second by another Board member, and an affirmative vote by the majority of the Board members present. Any Board member, including the Chairperson, can make or second a motion.

( I 2) Continuances. Any meeting or public hearing of the Board may be continued without re-notice or re-advertising provided that:

The Board identifies on the record at the original meeting a reasonable need for a continuance;

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

The public notice for the original meeting states that the meeting may be continued to a date and time and states that the date, time, and location of any continuance shall be publicly announced at the onginal meeting and posted at the District Office immediately followmg 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 0.HoFReysattorney 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 sess10n. -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

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.

( 1 4 l  Security aud Firesafet   Board  Di cuss ions . Portions of a meet in!,!   hich relate ro or would reveal a security or firesafety system plan or portion thereof made confidential and exempt bv section 119.071(3 )(a). Florida Statutes. are exempt
from tne public mee ting requ ireme nts and other requirement of ectio,n	86.0 l I,
Florida	tal ute , and . ection 24(6), Article l of the ' tate Constitution. Should the Board wish to discuss such matters, members of the public shall  be required  to lea  e  the  meeting  room  during  such  discussion. Anv record	of the Board' discussion of such ma tters . ind uding recording or m inutes. shall be ma inta ined a   c, o rfi  ential  and e ·empt records in accordance  with Florida law.

Specific Authol'it)': §§ 190.011(5), l 90.0ll(l5), Fl 11. Stat.
I.aw lmp le men tt'il:  §§ 1 8  '1.069(! )(,,)16 ,  190  .006, I 'J 0.007, 1 90.008, 286.0105, 286.0 I I . 286.0 ll  3, Z86.0114  ,  Fl11 . Sti1t.

l5

Rule 1.4	Internal Controls to Pre ve nt Fraud, Waste and Ab use

Internal  Controls.	The District shall establish and maintain in ternal
co ntrols desiµned to:

Pre ent and detect " fraud ," " was te ' and "a buse" as those terms are defined in section 11.45{ 1), Florida Sta tut e : and
)	Promote and encourage comp li anc e \ ith app licable la\ s, rule
conlrncts. !!rant agre l:!me nts, and best prac ti ces: and

(d)

[c)	Support economical and efficient operations: and

(e}	Safem1ard assets.

Ad opt ion. The internal ontrols 10 pre eni fraud. waste and abu e shall be adopted and amended bv the District in the same manner as District policies.

S pcd lk Autl 111r in •; §§ 190.011(51, 190.0 I IC 15), Fin. Stat.

Law l mp lc ml'llfl'd : § 218.JJ(J), Fin. Stal.

Rule 2.0

(I)

(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 pohcy, 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 mlemaking 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 mle 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(l)(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 include a statement that any affected person may request a public hearing

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. Notiee will then be mailed  to all  persons  whom   at  least  fou11cen  ( l 11) Elays  prior  fO  s1:1eh mailin g, hLwe 1Haae requcs1s of the District for aavanee notice of its 13roeeedings.

Rule  Development  Works ho p, s	Wh ene ve r  reques ted  in  wr it ing  by any  affected
person, the District must eithe:r 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 req uired to do so.

Pet itio ns to Init ia te Rulemakin g. 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 .i!._s ubsta ntial 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 pub I ic interest is served adequate!y by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rnle. However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

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 infonnation 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 tbe 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 pnblic interest as determined by the District and otherwise complies with these provisions.

Negotiated Rulemaking. The District may use negotiated rnlemaking in developing and adopting rules pursuant to Section 120.54(2)(d) of the Florida Statutes, except tbat any notices required under Section 120.54(2)(d) of the  Florida Statutes, may be published m a newspaper of general circulation in the county in which the District is located.

( I 0)		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. ( I I) 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 b'Tounds 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

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

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence:

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

Enter orders; and

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

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

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

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

A person who is subject to regulation by a District Rule may file a petition with the District, requesting a variance or waiver from the District's Rule. Each petition shall specify:

The rule from which a variance or waiver is requested;

The type of action requested;

The specific facts that would justify a waiver or variance for the petitioner; and

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 5i1ily ({i(.)ninetv (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.

Specific Authority: §§190.011(5), 190.011(15), 190.035, Fla. Stat. Law lmpleme-11ted: §§ 190.011(5), 190.035(2), Ma. StKt.

"Design-Build Contract" means a single contract with a  Design-Build Finn 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 481.319 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 infommtion 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

that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

	''Invitation to Bid" is a written solicitation for sealed bids with the title, date, and hour of the pubhc bid opening designated specifically and defining the commodity or service involved. lt 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.

(i) "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, ann'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 firrn capable and qualified in all respects to perform fully the contract reqmrements, who has the integrity and reliability to assure good faith performance;

The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and
For a cost to the District deemed by the Board to be reasonable.

"Purchase" means acquisition by sale, rent, lease, lease/purchase, or installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State  of Florida.

"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 instrnctions, work detail analysis, and evaluation criteria as necessary.

"Responsive and Responsible Bidder" means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. "Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response that conforms in all material respects to the Request for Proposals, lnvitation 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.

"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which confoffils 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.

Specilic Authority: §§ 190.011(5), 190.011(15), Fla. Stat. LawJmrlemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

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.

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

Specific Authority: §§190.011(5), 190.011(15), Fl11. Stitt.
Law Implcml'"ntl'"d: §§ 119.0701, 190.011(3), 190.033, 287.055, Ffa. St11t.

31

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 Jttl.y-+June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;

A provision specifying the contract period, including renewals and conditions under which the contract may be terminated or renewed. The maximum contract period including renewals 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 finn where compensation was a factor in the evaluation of proposals, notice of the intent to award, includmg 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

shall be as provided for in Rule 3. I 1. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specilk Authority: §§190.011(5), 190.011(15), F'la. Stat, Law Implcmcutcd: §§ I19.0701, 218,JJ, 218.391, Fla, Stat.

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.ll 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. Stat. LawImplemented: § 112.08, Fla. Stat.

Rule 3.4

(I)

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

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 ofreceipt of the qualifications:

Hold ffteall 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 authonzed 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.

Rule 3.5

(I)

Construction Contracts, Not Design-Build.

Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 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.

44

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 Disttict.

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.

(i) Notice of intent to award,  including  rejection  of  some  or  all  bids,  proposals, replies, or responses, shall be provided in writing to all conttactors 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.

46

Spt>cilk Authority: §§ 190.011(5), 190.011(15)., Fla. Stat.
LawJmpleme11ted: §ij 119.0701, 189.053, 190.0JJ, 255.05 UI, 255.0525, 255.20, 2117.055, Fla. Stat.
Rule 3.6	Construction Contnacts, Design-Build.

(I) Scope. The District  may  utilize  Design-Build  Contracts  for  any  public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

The District shall utilize a Design Criteria Professional meeting the requirements of Section 287.055(2)(k) of the Florida Statutes, when developing a Design Criteria Package, evaluating the proposals and qualifications submitted by Design-Build Firms, and determining compliance of the project construction with the Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be the District Engineer selected by the District pursuant to Section
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.1. The Design Criteria Professional is not eligible to render services under a Design-Build Contract executed pursuant to the Design Criteria Package.

A Design Criteria Package for the construction project shall be prepared and sealed by the Design Criteria Professional. If the project utilizes existing plans, the Design Criteria Professional shall create a Design Criteria Package by supplementing the plans with project specific requirements, if any.

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications--:based selection process pursuant to Rule 3.1.

Qualifications-Based Selection. Tfthe process set forth in Rule 3.1 is utilized, subsequent to competitive negotiations, a guaranteed max.1mum price and guaranteed completion date shall be established.

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

competitive proposals from qualified firms shall be solicited pursuant to the design cnteria 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.

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

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

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 has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects such osincludinl! but not limited to reemployment assistance, safety, tax withholding, worker's compensation,

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

Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified Design-Build Firm available at the time. The fact that an  Emergency Purchase  has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

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

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

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

The District, after public notice, conducts a public meeting under Section
286.0 l l 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.

Spccilic Authol"ity: !Hi 190.011(5), 190.011(15). Fla. Stat.
L11w Implemented: §§ 119.0701, 189.0SJ, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.7	Payment and Performance Bonds.

(I)

(2)

(3)

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 ( l) 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 pnce. 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.

Discretionary Bond. At the discretion of the Board, upon entering into a contract for any of the services described in section (l) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

Sped(ic Autl•ori(y: §§ 190.011(5), 190.011(15), Fla. Stat. Law lmpleml"ntl"d: § 255.0S, Fla. Stat.

Rule 3.8

( I )

(2)

Goods, Supplies, and Materials.

Purpose 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 tenns 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 matenals 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 Distnct 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 thefill 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 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.

Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the lnvitation 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

Rule 3.9	Maintenance Senrices.

(I)

(2)

Scope. All contracts for maintenance of any District facility or project shall be set under the tenns 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 tfteall 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 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.

(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 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 infonnation 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

Law Implemmtc,d: §§ 119.0701, 190.033, 287.017, Fh1. Stat.

61

Rule 3.10	Contractual Services.

(I) 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), l<"la. Stxt.
Law Implemented: § l l'J.0701, 190.011(3), 190.033, Fla. Stat.

Ruic _l  l !	l'r,,10 ·1, \Vi th Res1 t't'( Te Prnt•eedings 111H.lcr Rules J, I, 3.2, 3.3,
J.4. J.5, J.IJ, J.8, tmd J.9.

Enter orders; and

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

The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. The District shall  allow  each party fifteen (15) days in which to submit written exceptions to the recommended order. The District  shall issue a final order within sixty (60) days after the filing of the recommended order.

lntervenors. Other substantially affected persons may jom 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. lf the Board determines there was a violation of law, defect or an irregularity  in  the  competitive  solicitation  process  the  Bids. Proposals, Replies, and Responses are too hi!..!h, or if the Board determines it is otherwise in the District's best interest,  the  Board  may  r  ject  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), FIR. Stat. LawJmplt'menkd: § 190.033, Jil11. Stat.

Rule 4.0	Effective Date.

These  Rules  shall  be effective   	,-M-l-8,-2,L except  that  no  election  of officers required by these Rules shall be required until after the next regular election for the Board.

Specific Authority; §§190.011(5), 190.011(15), FIN. Shit. Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

Poitras East Community Development District

Payment Authorization Nos. 045 -	046

Poitras East Community Development District

Recommendation of Work Authorization/Proposed Services (if applicable)

Poitras East Community Development District

District's Financial Position and Budget to Actual YTD
(provided under separate cover)