Rhodine Road North Community Development District

Agenda September 11, 2019

AG EN D1L\

Rhodine Road North
Community Development District

135 W. Central Blvd., Suite 320, Orlando, Florida 32801
Phone: 407-841-5524- Fax: 407-839-1526

September 9, 2019

Board of Supervisors Rhodine Road North
Community Development District

Dear Board Members:

A meeting of the Board of Supervisors of Rhodine Road North Community Development District will be held Wednesday, September 11, 2019 at 1:00 PM at The Holiday Inn Express, 2102 N Park Rd., Plant City, Florida 33563. Following is the advance agenda for the meeting:

Board of Supervisors Meeting

Roll Call
Public  Comment Period (1Speakers	will fill out a card and submit it to the District Manager prior to the beginning of the meeting)
Approval of Minutes of the August 7, 2019 Meeting
Acceptance of Minutes of the August 7, 2019 Audit Committee Meeting
Consideration of Resolution 2019-47 Setting a Public Hearing to Adopt the Amended & Restated Rules of Procedure
Consideration of Resolution 2019-48 Setting a Public Hearing Regarding the District's Intent to Use the Uniform Method for Levying, Collecting and Enforcing Non Ad-Valorem Assessments
Consideration of Resolution 2019-49 Declaring Special Assessments
Consideration	of	Resolution	2019-50	Setting	Public	Hearing	for	Special Assessments
Consideration of Resolution 2019-51 Amending Resolution 2019-39 Designating a Date for the Public Hearing on the Fiscal Year 2020 Budget Adoption
Consideration of Notice of Boundary Amendment
Ratification of Assignment of Personnel Leasing Agreement
Staff Reports
Attorney
Engineer
District Manager's Report
Approval of Check Register
Balance Sheet and Income Statement
m. Ratification of Series 2019 Requisitions #6 - #18

1 Comments will be limited to three (3) minutes

Rhodine Road North CDD	2

iv. Ratification of QGS Change Orders #2- #7
Other Business
Supervisors Requests and Audience Comments
Adjournment

The second order of business is the Public Comment Period where the public has an opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items. Speakers must fill out a Request to Speak form and  submit it to the District Manager prior to the beginning of the meeting.

The third order of business is the Approval of the Minutes from the August  7, 2019 Board of Supervisors meeting. A copy of the minutes is enclosed for your review and approval.

The fourth order of business is Acceptance of the Minutes of the August 7, 2019 Audit Committee meeting. A copy of the minutes is enclosed for your review and ratification.

The fifth order of business is Consideration of Resolution 2019-47 Setting a Public Hearing to Adopt the Amended & Restated Rules of Procedure. A  copy  of  the resolution and restated rules are enclosed for your review and approval.

The sixth order of business is Consideration of Resolution 2019-48 Setting a Public Hearing Regarding the District's Intent to Use the Uniform Method of Levying, Collecting and Enforcing Non Ad-Valorem Assessments. A copy of the resolution is included for your review and approval.

The seventh order of business is Consideration of Resolution 2019-49 Declaring Special Assessments. A copy of the resolution is included for your review and approval.

The eighth order of business is Consideration of Resolution 2019-50 Setting a Public Hearing for Special Assessments. A copy of the resolution is enclosed for your review and approval.

The ninth order of business is Consideration of Resolution 2019-51 Amending  Resolution 2019-39 Designating a Date for the Public Hearing on the Fiscal Year 2020 Budget Adoption. A copy of the resolution is enclosed for your review and approval.

The  tenth order  of  business  is Consideration  of  Notice  of Boundary Amendment.	A copy of the notice is enclosed for your review and approval.

The eleventh order of business is Ratification of Assignment of Personnel Leasing Agreement. A copy of the agreement is included for your review and ratification .

Rhodine Road North CDD	3

The twelfth order of business is Staff Reports. Section C is the District Manager's Report. Sub-Section 1 includes the approval of the check register. Sub-Section 2 includes the balance sheet and income statement for your review. Sub-Section 3 includes Requisitions #6 through #18 for your review and ratification. Sub-Section 4 includes Change Orders #2 through #7 for your review and ratification.

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

Sincerely,

Jill Burns District Manager

CC:
Roy Van Wyk, District Counsel Enclosures

MINUTES

MINUTES OF MEETING RHODINE ROAD NORTH
COMMUNITY DEVELOPMENT DISTRICT

The Regular Meeting of the Board of Supervisors of the Rhodine Road North  Community Development District was held on Wednesday, August 7, 2019 at 11:30 a.m. at Holiday Inn Express, 2102 N Park Road, Plant City, Florida.

Present and constituting a quorum:

Rennie Heath Patrick Marone Matthew Cassidy
Lauren Schwenk via phone
Also, present were: Jill Bums
Roy Van Wyk
Heather Wertz via phone

FIRST ORDER OF BUSINESS

Chairman Assistant Secretary Assistant Secretary Assistant Secretary

District Manager, GMS HGS
Absolute Engineering

Roll Call

Ms. Bums called the meeting to order at 11:30 a.m. and noted that a quorum was established.

SECOND  ORDER OF BUSINESS	Public Comment Period
Ms. Burns noted that there were no members of the public present.

THIRD ORDER OF BUSINESS

Approval of Minutes of the June 24, 2019 Board of Supervisors Meeting

Ms. Bums asked for comments or corrections to the June 24, 2019 meeting minutes. Mr.

On MOTION by Mr. Heath seconded by Mr. Marone, with all in favor, the Minutes of the June 24, 2019 Board of Supervisors Meeting, were approved as amended.

Van Wyk provided a minor change.

August 7, 2019	Rhodine Road North CDD

FOURTH ORDER OF BUSINESS	Consideration	of	Resolution	2019-45
Directing the Chairman and District Staff to File a Petition Amending District Boundaries

On MOTION by Mr. Heath, seconded by Mr. Cassidy, with all in favor, Resolution 2019-45 Directing the Chairman and District Staff to File a Petition Amending District Boundaries, was approved.

Ms. Burns noted this would add 61.3 acres to the existing boundaries of the district. Mr. Van Wyk stated they would verify the parcel information once they receive more detail on the lands. He noted this is a standard resolution authorizing staff and counsel to file the petition for an additional boundary amendment for the parcel to the south.

FIFTH ORDER OF BUSINESS	Consideration	of	Boundary	Funding
Agreement

On MOTION by Mr. Heath, seconded by Mr. Marone, with all in favor, the Boundary Funding Agreement with JMBI, was approved.

Ms. Burns noted the Boundary Funding Agreement was with JMBI and they fund all costs associated with the boundary amendment that the board previously directed staff to file.

SIXTH ORDER OF BUSINESS	Consideration	of	Resolution	2019-46
Ratifying the Sale of Bonds

On MOTION by Mr. Cassidy, seconded by Mr. Heath, with all in favor, Resolution 2019-46 Ratifying the Sale of Bonds, was approved.

Ms. Burns stated they closed on the bonds June 28th and this resolution will ratify all the actions taken by the Chairman, Vice Chairman, District staff members, and various officers relating to the sale of the 2019 bonds.

SEVENTH ORDER OF BUSINESS	Authorization to Record Notice of Lien of
Special Assessments for Series 2019 Bonds
Ms. Bums noted this resolution will confirm the lien of the non-ad valorem assessment  on the property within the boundary of the district related to the 2019 bonds. They will file the Notice in the record of Hillsboro County.

August 7, 2019	Rhodine Road North CDD

On MOTION by Mr. Heath, seconded by Mr. Marone, with all in favor, Authorization to Record Notice of Lien of Special Assessments for Series 2019 Bonds, was approved.

EIGHTH  ORDER OF BUSINESS	Consideration	of	Disclosure of Public
Financing
Ms. Burns noted this is required by statutes and will be provided to all the builders within the community. Ms. Burns asked for approval in substantial form.

On MOTION by Mr. Heath, seconded by Mr. Marone, with all in favor, the Disclosure of Public Financing, was approved in substantial form.

Mr. Van Wyk noted once the boundary amendment is complete, they will revise it to reflect that it has be done, then they will record it and distribute it.

NINTH  ORDER OF BUSINESS	Consideration	of	Personnel	Leasing
Agreement
Ms. Burns stated the agreement is with the landowners that they will provide a certain administrative personnel to assist the manager and engineer with administration and processing of construction related activities.

On MOTION by Mr. Heath, seconded by Mr. Cassidy, with all in favor, the Personnel Leasing Agreement, was approved.

Mr. Van Wyk noted the landowner/developer is already there. The district is in need of having a person on site to help them coordinate activities. This lease agreement allows them to share one of their employees or contractors for the board's behalf.

TENTH  ORDER OF BUSINESS	Appointment of Audit Committee

On MOTION by Mr. Heath, seconded by Mr. Marone, with all in favor, Appointment of the Board of Supervisors as the Audit Committee, was approved.

Ms. Burns suggested the board appoint themselves as the audit cornrnittee.

August 7, 2019	Rhodine Road North CDD

ELEVENTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. Van Wyk noted the had nothing further for the board.

Engineer
Ms. Wertz stated she had nothing to report. She asked Mr. Heath if they should start rezoning, Mr. Heath answered yes. He stated he though it already was but Ms. Wertz clarified it was not and needed to go through rezoning.

District Manager's Report
Approval of Check Register

On MOTION by Mr. Heath, seconded by Mr. Marone, with all in favor, the Check Register, was approved.

Ms. Bums noted the total amount was $2,615.26 for Supervisor's fees and an ad.

Balance Sheet and Income Statement
Ms. Burns noted the balance sheet and income statement were in the agenda package, this item required no action.

Approval of Fiscal Year 2020 Meeting Schedule

On MOTION by Mr. Heath, seconded by Mr. Marone, with all in favor, the Fiscal Year 2020 Meeting Schedule, was approved.

Ms. Burns suggested keeping the same schedule, the first Wednesday of each month at 11:30 a.m.

Ratification of Series 2019 Requisitions #1 - #5

On MOTION by Mr. Heath, seconded by Mr. Cassidy, with all in favor, the Series 2019 Requisitions #1 - #5, were ratified.

Ms. Bums noted these were previously approved by the engineer and the Chairman, they needed to be ratified by the board.

August 7, 2019	Rhodine Road North CDD

TWELTH ORDER OF BUSINESS
There being none, the next item followed.

THIRTEENTH ORDER OF BUSINESS

Other Business

Supervisors	Requests	and	Audience Comments

Ms. Burns asked for any supervisor requests or audience comments. The board had no requests.

On MOTION by Mr. Heath, seconded by Mr. Cassidy, with all in favor, the meeting was adjourned.

FOURTEENTH ORDER OF BUSINESS	Adjournment

Secretary/Assistant Secretary	Chairman/Vice Chairman

SECTION IV

MINUTES OF MEETING RHODINE ROAD NORTH
COMMUNITY DEVELOPMENT DISTRICT

The Audit Committee Meeting of the Board of Supervisors of the Rhodine Road North Community Development District was held on Wednesday, August 7, 2019 at 11:30 a.m. at Holiday Inn Express, 2102 N Park Road, Plant City, Florida.

Present and constituting a quorum:

Rennie Heath Patrick Marone Matthew Cassidy
Lauren Schwenk via phone
Also, present were: Jill Burns
Roy Van Wyk
Heather Wertz via phone

FIRST ORDER OF BUSINESS

Chairman Assistant Secretary Assistant Secretary Assistant Secretary

District Manager, GMS HGS
Absolute Engineering

Roll Call

Ms. Bums called the meeting to order at 11:50 a.m. and noted that a quorum was established.

SECOND ORDER OF BUSINESS	Public Comment Period
Ms. Bums noted that there were no members of the public present.

THIRD ORDER OF BUSINESS	Audit Services
Approval of Request for Proposals and Selection Criteria
Ms. Bums presented the Request for Proposals and selection criteria to the board. She noted they had them set to be due September 16th• She noted this would be starting for the fiscal year 2019 audit.

August 7, 2019	Rhodine Road North CDD

On MOTION by Mr. Heath seconded by Mr. Cassidy, with all in favor, the Request for Proposals and Selection Criteria, was approved.

Approval of Notice of Request for Proposals for Audit Services

On MOTION by Mr. Heath seconded by Mr. Marone, with all in favor, the Notice of Request for Proposals for Audit Services, was approved.

Ms. Burns stated they were seeking approval for staff to issue the RFP.

Public Announcement of Opportunity to Provide Audit Services
Ms. Bums announced the opportunity to provide audit services for Rhodine Road North.

On MOTION by Mr. Heath, seconded by Mr. Marone, with all in favor, the meeting was adjourned.

FOURTH ORDER OF BUSINESS	Adjournment

SecretaryIAssistant Secretary	ChairmanNice Chairman

2

RESOLUTION 2019-47

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE RHODINE ROAD NORTH 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, Rhodine Road North Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within unincorporated Hillsborough County, Florida; and

WHEREAS, the Board of Supervisors of the District (the "Board") is authorized by Section 190.011(5), Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. A Public Hearing will be held to adopt the District's Amended and Restated
Rules	of	Procedure	on	_   _   _   _  _  _	2019,	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 11th day of September, 2019.

ATTEST:	RHODINE ROAD NORTH
COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Hopping Green & Sams
Attorneys and Coun selors

MEMORANDUM

TO:	Rhodine Road North Community Development District Board of Supervisors

FROM: RE: DATE:

Roy Van Wyk

Updated Provisions of the District's Rules of Procedure September 4, 2019

Please find attached to this memorandum an updated version of the Rhodine Road North 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 royy@hgslaw.com or via phone at 850-222-7500.

Costs Associated With Public Records Requests (Pa ges 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 (Pa ge 9)

Rule 1.2(7) was added to maintain consistency with legislation that was passed during the 2019 legislative session. The rule designates the Secretary as the District's Financial Disclosure Coordinator (the "Coordinator") (unless the District designates otherwise  by  resolution)  and requires the Coordinator to create, maintain, and update certain records and provide them to the Florida Commission on Ethics by certain deadlines. Each Supervisor or other Reporting Individual must notify the Coordinator in writing if there are changes to his or her name, e-mail address, or physical address, and must notify the Commission on Ethics of changes to his or her e-mail address.

Agenda and Meeting Materials (Page 11)

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

Post Office Box 6526	Tallahassee, Florida 32314	119 South Monroe Street, Suite 300 (32301)	850.222.7500	850.224.8551fax	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 1.3(11) to allow the Board to waive formal approval or disapproval procedures. This will allow the Board flexibility to use different procedures when necessary and will protect the validity of the Board's actions where there is a technical  irregularity but the Board has otherwise made its decision clear.

Security and Firesafety Board Discussions (Page 14)

Rule 1.3(14) was added to reflect the fact that portions of a meeting which would reveal a security or firesafety system plan or portion thereof made confidential and exempt  by Florida  law are exempt from Florida's statutory public meeting requirements. Including this rule will clarify the procedures the Board should use to ensure that confidential and exempt information is not made public.

Internal Controls to Prevent Fraud. Waste and Abuse (Page 15)

Rule 1.4 was added to reflect legislative changes enacted in the 2019 legislative session requiring special districts to establish and maintain internal controls to prevent fraud, waste, and abuse. Our office plans to work with the District Manager and auditor to develop the internal controls, which the Board will adopt in the same manner as it does policies.

Notice of Competitive Solicitation (Pages 27 and 36)

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

Procedure Regarding Auditor Selection (Page 31)

Language has been added to the introductory paragraph to Rule 3.2 to clarify  that  the District need not use the procedures set out by the Rule for audits required under Chapter 190 of the Florida Statutes but which do not meet the thresholds of Chapter 218 of the Florida Statutes.

Additionally, the requirements for composition of the Auditor Selection Committee in Rule 3.2(2) have been amended to reflect legislation passed during the 2019 legislative session. Now, at

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

Contract Periods {Pages 34. 56. and 59)

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

Suspension. Revocation, or Denial of Qualification (Pa ges 40-4 2)

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 (Pa  ges 61- 62)

Rule 3.11(1)(c) has been amended to require that both the requirement for and the amount of the protest bond be disclosed in the competitive solicitation documents, and to allow the amount of the bond to be any amount within the limits imposed by Florida law.

Minor Changes

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

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

Rule I.1(2)(c) and (d): These Rules have been amended to include the words "at least" before the required amounts of the Secretary's or Treasurer's fidelity bonds or employee  theft  insurance policies to accommodate the possibility of greater amounts. (Page 4).

Rule 1.1(6): This Rule has been amended to include the Florida Constitution as a  governing  authority on voting conflicts of interest. This change reflects the recently passed Amendment 12 to the Florida Constitution. (Pages 5-6).

Rules l.3(1)(e), (l)(d), (l)(f); and 3.2(9): These Rules were amended to allow inclusion oflanguage substantially similar to that recited in the Rules. (Pages 10-11 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 2.0O2)(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).

AMENDED AND RESTATED RULES OF PROCEDURE
RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT EFFECTIVE  AS OF _   _   _   _   _   _	20

TABLE OF CONTENTS
Rule  1.0	General.	2

Rule 1.1

Rule 1.2

Rule 1.3

Rule 1.4

Board of Supervisors; Officers and Voting	3
District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination	7
Public Meetings, Hearings, and Workshops	10
Internal Controls to Prevent Fraud, Waste and Abuse	15

Rule 2.0	Rulemaking Proceedings	16
Rule 3.0	Competitive Purchase	22

Rule 3.1

Rule 3.2

Rule 3.3

Rule 3.4

Rule 3.5

Rule 3.6

Rule 3.7

Rule 3.8

Rule 3.9

Rule 3.10

Rule 3.11

Procedure Under the Consultants' Competitive Negotiations Act.	27
Procedure Regarding Auditor Selection	31
Purchase of Insurance	36
Pre-qualification	38
Construction  Contracts, Not Design-Build	43
Construction Contracts, Design-Build	47
Payment and Performance Bonds	52
Goods, Supplies, and Materials	53
Maintenance Services	57
Contractual Services	60
Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9	61

Rule 4.0	Effective Date	64

Rule  1.0	General.

The Rhodine Road North Community Development District (the "District") was created pursuant to the provisions of Chapter 190 of the Florida Statutes, and was established to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the "Rules") is to describe the general operations of the District.

Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary.

Unless specifically permitted by a written agreement with the District, the District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.

A Rule of the District shall be effective upon adoption by affirmative vote of the District Board. After a Rule becomes effective, it may be  repealed or amended only through the rulemaking procedures specified in these  Rules.  Notwithstanding, the District may immediately suspend the application of a Rule  if the District determines that the Rule conflicts with Florida  law. In the event  that a Rule conflicts with Florida law and its application has  not been suspended by the District, such Rule should be interpreted in the manner that best effectuates the intent of the Rule while also complying with Florida law. If the intent of the Rule absolutely cannot be effectuated while complying with Florida law, the Rule shall be automatically suspended.

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

Rule 1.1

(1)

Board of Supervisors; Officers and Voting.

Board of Supervisors. The Board of Supervisors of the District (the "Board") shall consist of five (5) members. Members of the Board ("Supervisors") appointed by ordinance or rule or elected by landowners must  be citizens  of  the United States of America and residents of the Gtate of Florida. Supervisors elected or appointed by the Board to elector seats must be citizens of the United States of America, residents of the State of Florida and of the District and registered to vote with the Supervisor of Elections of the county in which the District is located and for those elected, shall also be qualified to run by the Supervisor of Elections. The Board shall exercise the powers granted to the District under Florida law.

Supervisors shall hold office for the term specified by Section 190.006 of the Florida Statutes. If, during the term of office, any Board member(s) vacates their office, the remaining member(s) of the Board shall fill the vacancies by appointment for the remainder of the term(s).  If  three  or more vacancies exist at the same time, a quorum, as defined herein, shall not be required to appoint replacement Board members.

Three (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other  purposes.  A  Board member shall be counted toward the quorum if physically present at the meeting, regardless of whether such Board member is prohibited from, or abstains from, participating in discussion or voting on a particular item.

Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in the Rules or  required  by  law. Subject to Rule 1.3(10), a Board member participating in the  Board meeting by teleconference or videoconference shall be entitled to vote and take all other action as though physically present.

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (l)(c) 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. If the Vice-Chairperson resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairperson. The Vice-Chairperson serves at the pleasure of the Board.

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

The Treasurer  need not be a member of the Board but must be a resident  of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3) of the Florida Statutes, as well as  those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasurer shall either be bonded by a reputable and qualified bonding company in at least the amount of one  million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

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

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 perform specifically designated functions. Committees may include individuals who are not members of the Board. Such functions may include, but are not limited to, review of bids, proposals, and qualifications, contract negotiations, personnel matters, and budget preparation.

Record Book. The Board shall keep a permanent record book entitled "Record of Proceedings," in which shall be recorded minutes of all meetings, resolutions, proceedings, certificates, and corporate acts. The Records of Proceedings shall be located at a District office and shall be available for inspection by the public.

Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation in the county in which the District is located and filed with the local general-purpose governments within whose boundaries the District is located. All meetings of the Board and Committees serving an advisory function shall be open to the public in accord with the provisions of Chapter 286 of the Florida Statutes.

Voting Conflict of Interest. The Board shall comply with Section 112.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida Constitution and Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member's special private gain or loss or  the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative  including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

When a Board member knows the member has a conflict of interest on a matter 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. If  the Board member was elected by electors residing within the District, the Board member is prohibited from voting on the matter at issue.  In the  event that the Board member intends to abstain or is prohibited  from voting, such Board member shall not participate in the discussion on the item subject to the vote.

The Board's Secretary shall prepare a Memorandum of Voting Conflict (Form 8B) which shall then be signed by the Board member, filed with the Board's Secretary, and provided for attachment to the minutes of  the meeting within fifteen (15) days of the meeting.

If a Board member inadvertently votes on a matter and later learns he or  she has a conflict on the matter, the member shall immediately notify the Board's Secretary. Within fifteen (15) days of the notification, the member shall file the appropriate Memorandum of Voting Conflict, which will be attached to the minutes of the Board meeting during which the vote on the matter occurred. The Memorandum of Voting Conflict  shall immediately be provided to other Board members and shall be read publicly at the next meeting held subsequent to the filing of the Memorandum of Voting Conflict. The Board member's vote is unaffected by this filing.

It is not a conflict of interest for a Board member, the District Manager, or an employee of the District to be a stockholder, officer or employee of a landowner or of an entity affiliated with a landowner.

In the event that a Board member elected at a landowner's election or appointed to fill a vacancy of a seat last filled  at a  landowner's  election, has a continuing conflict of interest, such Board member is permitted  to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the continuing conflict. Only one such continuing Memorandum of Voting Conflict shall be required to be filed  for each  term the Board member is in office.

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

Rule 1.2

(1)

District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.

District Offices. Unless otherwise designated by the Board, the official District office shall be the District Manager's office identified by the District Manager. If the District Manager's office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain, but not be limited to, the following documents:

Agenda packages for prior 24 months and next meeting;

Official minutes of meetings, including adopted resolutions of the Board;

Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;

Adopted engineer's reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

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

District policies and rules;

Fiscal year end audits; and

Adopted budget for the current fiscal year.

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

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

as the District's records custodian. Regardless of the form of the request,  any Board member or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request.  At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.

Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records laws. The District Manager shall be responsible for initially enforcing all contract provisions related to a contractor's duty to comply with public records laws.

Fees; Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches.  For copies of public records  in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole  or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of the individual(s) who is/are qualified to perform the labor, taking into account the nature or volume of the public records to be inspected or copied. The charge may include the labor costs of supervisory and/or clerical staff whose assistance is required to complete the records request, in accordance with Florida law. For purposes of this Rule,  the  word "extensive"  shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in this  section shall apply. If the total fees, including but not limited to special service charges,  are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. Should the person fail to pay the estimate, the District is under no duty to produce

the requested records. After the request has been fulfilled, additional payments or credits may be due. The District is under  no duty to produce  records  in response to future records requests if the person making the request owes the District for  past unpaid duplication charges, special service charges, or other  required payments or credits.

Records Retention. The Secretary of the District shall be responsible for retaining the District's records in accordance with applicable Florida law.

Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.

Financial Disclosure Coordination. Unless specifically designated by Board resolution otherwise, the Secretary shall serve as the Financial Disclosure Coordinator ("Coordinator") for the ·District as required by the Florida Commission on Ethics ("Commission"). The Coordinator shall create,  maintain and update a list of the names, e-mail addresses, physical addresses, and names of the agency of, and the office or position held by, all Supervisors and other persons required by Florida law to file a statement of financial interest due to his or her affiliation with the District ("Reporting Individual"). The Coordinator  shall provide this list to the Commission by February 1 of each year, which list shall be current as of December 31 of the prior year. Each Supervisor and Reporting Individual shall promptly notify the Coordinator in writing if there  are  any changes to such person's name, e-mail address, or physical address. Each Supervisor and Reporting Individual shall promptly notify the Commission in the manner prescribed by the Commission if there are any changes to such person's e­ mail address.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 112.31446(3), 112.3145(8)(a)l., 119.07, 119.0701, 190.006, Fla. Stat.

Rule 1.3

(1)

Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the  Board. Public notice  shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. "General circulation" means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. The annual meeting notice required to be published by Section
189.015 of the Florida Statutes, shall be published in a newspaper not of limited subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a week.  Each  Notice shall state, as applicable:

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

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

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

The following or substantially similar language: "Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (407) 841-5524. If you are hearing or speech impaired, please contact  the  Florida Relay Service at 1 (800) 955-8770 or 1 (800) 955-8771, who can aid you in contacting the District Office."

The following or substantially similar language: "A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based."

The following or substantially similar language: "The meeting [or hearing or workshop] may be continu d in progress without additional notice to a time, date, and location stated on the record."

Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board at its next properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare an agenda of the meeting/hearing/workshop. The agenda and any meeting materials available in an electronic format, excluding any confidential and any confidential and exempt information, shall be available to the public at least seven days before the meeting/hearing/workshop, except in an emergency. Meeting materials shall be defined as, and limited to, the agenda, meeting minutes, resolutions, and agreements of the District that District staff deems necessary for Board approval. Inclusion of additional materials for Board consideration other than those defined herein as "meeting materials" shall not convert such materials into "meeting materials." For good cause, the agenda may be changed after it is first made available for distribution, and additional materials may be added  or  provided under separate cover at the meeting. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct  business  and to avoid the expenses associated with special meetings.

The District may, but is not required to, use the following format in preparing its agenda for its regular meetings:

Call to order Roll call
Public comment Organizational matters Review of minutes
Specific items of old business Specific items of new business Staff reports
District Counsel
District Engineer
District Manager
Financial Report
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.

Emernencv Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable, upon consultation with the District Manager and District Counsel, if available, may convene an emergency meeting of the Board without first having complied with sections (1) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all  Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District's website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in  a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary, and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The  portion  of  the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.

Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
190.008 of the Florida Statutes, the annual budget(s)  may be amended from time to time by action of the Board. Approval of invoices  by the  Board in excess  of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.

Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and

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

Participation bv Teleconference/Videoconference. District  staff  may  participate in Board meetings by teleconference or videoconference. Board members  may  also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless  a majority of the Board members physically present determines that extraordinary circumstances do not exist.

Board Authorization. The District 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, approval 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.

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

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

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

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

Attorney-Client Sessions. An Attorney-Client Session is permitted when the District's attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District's attorney must request such session at a public meeting. Prior to holding the Attorney-Client Session, the District must give reasonable public notice of the time and date of the session and the names of the persons anticipated to attend the session. The session must commence at an open meeting in which the Chairperson or Vice-Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session. The discussion during the session is confined to settlement negotiations or strategy 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.

Security and Firesafety Board Discussions. Portions of a meeting which relate  to or would reveal a security or firesafety system plan or portion thereof made confidential and exempt by section 119.071(3)(a), Florida Statutes, are exempt from the public meeting requirements and other requirements of section 286.011, Florida Statutes, and section 24(b), Article 1 of the State Constitution. Should the Board wish to discuss such matters, members of the public shall be required to leave the meeting room during such discussion. Any records of the Board's discussion of such matters, including recordings or minutes,  shall  be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.069(2)(a)16, 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0113, 286.0114, Fla. Stat.

Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse
ill  Internal  Controls.  The  District  shall  establish  and  maintain  internal controls designed to:

Prevent and detect "fraud," "waste" and "abuse" as those terms are defined in section 11.45(1), Florida Statutes; and
Promote and encourage compliance with applicable laws, rules contracts, grant agreements, and best practices; and
Support economical and efficient operations; and
Ensure reliability of financial records and reports; and
Safeguard assets.
ill Adoption. The internal controls to prevent fraud, waste and abuse shall be adopted and amended by the District in the same manner as District policies.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 218.33(3), Fla. Stat.

Rule 2.0

(1)

(2)

Rulemaking Proceedings.

Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A "rule" is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements  of the District ("Rule").  Nothing herein shall be construed as requiring the District to consider or adopt rules unless required by Chapter 190 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice of Rule Development.

Except when the intended action is the repeal of a Rule, the District shall provide notice of the development of a proposed rule by publication of a Notice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section
of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subject area to be addressed by rule development, provide a  short,  plain explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft,  if available.

All rules as drafted shall be consistent with Sections 120.54(1)(g) and 120.54(2)(b) of the Florida Statutes.

Notice of Proceedings and Proposed Rules.

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.541(2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within twenty­ one (21) days after publication of the notice. The notice shall additionally 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.

Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the Chairperson must explain in writing why a workshop is unnecessary. The District may initiate a rule development workshop but is not required to do so.

Petitions to Initiate Rulemaking. All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District or has a substantial interest in the  rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings  or deny the petition with  a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District  may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to consider whether the public interest is served adequately by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rule. However, this section shall not be construed as requiring the District to adopt  a rule to replace a policy.

Rulemaking Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:

The text of the proposed rule, or any amendment or repeal of any existing rules;

A detailed written statement of the facts and circumstances justifying the proposed rule;

A copy of the statement of estimated regulatory costs if required  by Section 120.541 of the Florida Statutes; and

The published notice.

Hearing. The District may, or, upon the written request of any affected person received within twenty-one (21) days after the date of publication of the notice described in section (3) of this Rule, shall, provide a public hearing for the presentation of evidence, argument, and oral statements, within the reasonable conditions and limitations imposed by the District to avoid duplication, irrelevant comments, unnecessary delay, or disruption of the proceedings. The District shall publish notice of the public hearing in a newspaper of general  circulation  within the District either in the text of the notice described in section (3) of this Rule or in  a separate publication at least seven (7) days before the scheduled public hearing. The notice shall specify the date, time, and location of the public hearing, and the name, address, and telephone number of the District contact person who can  provide information about the public hearing. Written statements may be submitted by any person prior to or at the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record.

Emergency Rule Adoption. The Board may adopt an emergency  rule if it finds that immediate danger to the public health, safety, or welfare  exists  which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper  of  general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the  District.  The District  may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.

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

Rulemakin!! Record. In all rulemaking proceedings,  the District  shall compile and maintain a rulemaking record. The record shall include, if applicable:

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

A written summary of hearings, if any, on the proposed rule;

All written comments received by the District and responses to those written comments; and

All notices and findings pertaining to an emergency rule.

Petitions to Challenge Existing Rules.

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

The petition seeking an administrative determination must state with particularity the provisions alleged to be invalid  with  sufficient explanation of the facts or grounds for the alleged invalidity and facts sufficient to show that the person challenging a rule is  substantially affected by it.

The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member  of  the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a  continuance  is granted by agreement of the parties. The failure  of the  District to follow the applicable rulemaking procedures or requirements in this Rule shall be presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner  and the  fairness of the proceedings have not been impaired.

Within 30 days after the hearing, the hearing officer shall  render  a decision and state the reasons therefor in writing.

Hearings held under this section shall be de novo in nature. The petitioner has a burden of proving by a preponderance of the evidence that the 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 ninety (90) days after receipt of the original petition, the last  item  of timely requested additional material, or the petitioner's written request to finish processing the petition. The District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

Rates. Fees. Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings. Policies adopted  by  the  District which do not consist of rates, fees, rentals or other charges may be, but are not required to be, implemented through rulemaking proceedings.

Specific Authority: §§ 190.011(5), 190.011(15), 190.035, Fla. Stat. Law Implemented: §§ 190.011(5), 190,035(2), Fla. Stat.

Rule 3.0

(1)

Competitive Purchase.

Purpose and Scope. In order to comply with Sections 190.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply  to the purchase of Professional Services, insurance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.

Board Authorization. Except in cases of an Emergency Purchase, a competitive purchase governed by these Rules shall only be undertaken after authorization by the Board.

Definitions.

"Competitive Solicitation" means a formal, advertised  procurement process, other than an Invitation to Bid, Request for Proposals,  or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

"Continuing Contract" means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed two  million dollars ($2,000,000), for a study activity when the fee  for  such Professional Services to the District does not exceed  two  hundred thousand dollars ($200,000), or for work of a specified  nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

"Contractual Service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes,  and  these  Rules. Contractual Services also do not include any contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of any facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.

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

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

Is certified under Section 489.119 of the Florida  Statutes,  to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

Is certified under Section 471.023 of the Florida Statutes, to  practice or to offer to practice engineering; certified under Section
481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 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 information to permit Design-Build Firms to prepare a bid or a response to the District's Request for Proposals, or to permit the District to enter into a negotiated Design­ Build Contract. The Design Criteria Package must specify performance­ based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget .esti mates, 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 public bid opening designated specifically and defining the commodity or service involved. It  includes  printed instructions prescribing conditions for bidding, qualification, evaluation criteria, and provides for a manual signature of an authorized representative. It may include one or more bid alternates.

G) "Invitation  to  Negotiate"  means  a  written  solicitation  for  competitive sealed replies to select one or more vendors with which to commence negotiations for the procurement of commodities or services.

	"Negotiate" means to conduct legitimate, arm's length discussions and conferences to reach an agreement on a term or price.

"Professional Services" means those services within the scope of the practice of architecture, professional engineering, landscape  architecture, or registered surveying and mapping, as defined by the laws of Florida, or those services performed by any architect, professional  engineer, landscape architect, or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice.

"Proposal (or Reply or Response) Most Advantageous to the District" means, as determined in the sole discretion of the Board, the proposal, reply, or response that is:

Submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;

The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as determined by the Board; and

For a cost to the District deemed by the Board to be reasonable.

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

"Responsive and Responsible Bidder" means an entity or individual  that has submitted a bid that conforms in all material respects  to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. "Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response  that conforms in all material respects to the Request for Proposals, Invitation  to Negotiate, or Competitive Solicitation and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In determining  whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:

The ability and adequacy of the professional personnel employed by the entity/individual;

The past performance of the entity/individual for the District and in other professional employment;

The willingness of the entity/individual to meet time and budget requirements;

The geographic location of the entity's/individual's headquarters or office in relation to the project;

The	recent,	current,	and	projected	workloads	of	the entity/individual;

The volume of work previously awarded to the entity/individual;

Whether the cost components of the bid or proposal are appropriately balanced; and

Whether the entity/individual 1s a certified minority business enterprise.

"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these Rules, and the cost components of which, if any, are appropriately balanced. A bid, proposal, reply or response is not responsive if the person or firm submitting it fails to meet any material requirement relating to the qualifications, financial stability, or licensing of the bidder.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

Rule 3.1

(1)

Procedure Under the Consultants' Competitive Negotiations Act.

Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

Qualifying Procedures. In order to be eligible to provide Professional Services to the District, a consultant must, at the time of receipt of the firm's qualification submittal:

Hold all 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 consultant is a corporation; and

Meet any qualification requirements set forth in the District's Request for Qualifications.

Evidence of compliance with  this Rule may be submitted  with the qualifications, if requested by the District. In addition, evidence of compliance must  be  submitted any time requested by the District.

Public Announcement. Except in cases of valid  public  emergencies  as certified by the Board, the District shall announce each occasion when  Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants  to apply  for consideration. The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate. The notice  must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may· maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. The District shall make reasonable efforts to provide copies of any notices to such consultants, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process. The Board has the

right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.

Competitive Selection.

The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and performance ability, as well as any statements of  qualifications on file.  The Board shall conduct discussions with, and may require public presentation by consultants regarding their qualifications, approach to the Project, and ability to furnish the required services. The Board shall then select and list the consultants, in order of preference, deemed to be the  most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:

The ability and adequacy of the professional personnel  employed by each consultant;

Whether a consultant is a certified minority business enterprise;

Each consultant's past performance;

The· willingness of each consultant to meet time and budget requirements;

The geographic location of each consultant's headquarters, office and personnel in relation to the project;

The recent, current, and projected workloads of each  consultant; and

The volume of work previously awarded to each consultant by the District.

Nothing in these Rules shall prevent the District from evaluating and eventually selecting a consultant if less than three (3) Responsive qualification packages, including packages indicating a desire not to provide Professional Services on a given Project, are received.

If the selection process is administered by any person or committee other than the full Board, the selection made will be presented to the full Board with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed.

Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include  the  following  statement: "Failure to file a protest within the time ·prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the  District's  ranking decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

Competitive Negotiation.

After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm listed as most qualified to perform the required Professional Services at a rate or amount of compensation which the Board determines is fair, competitive, and reasonable.

In negotiating a lump-sum or cost-plus-a-fixed-fee  professional  contract for more than the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of  contracting."  In  addition, any professional service contract under which such a  certificate  is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs."

Should the District be unable to negotiate a satisfactory agreement  with  the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the District shall immediately begin negotiations with the second most qualified firm. If a satisfactory agreement with the second firm cannot be reached,  those  negotiations shall be terminated and negotiations with the third most qualified  firm  shall be undertaken.

Should the District be unable to negotiate a satisfactory agreement  with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications. 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), Fla. Stat.
Law Implemented : §§ 119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

Rule 3.2	Procedure Regarding Auditor Selection.

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

Definitions.

"Auditing Services" means those services within the scope of the practice of a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.

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

Establishment of Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an auditor selection committee ("Committee"), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee shall include at least three individuals, at least one of which must also be a member of the Board. The establishment  and selection  of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must be a member of the Board. An employee, a chief  executive officer, or a chief fmancial officer of the District may not serve as a member  of  the Committee; provided however such individual may serve the Committee in an advisory capacity.

Establishment of Minimum Qualifications and Evaluation Criteria. Prior to  a public announcement under section (4) of this Rule that Auditing Services are required, the Committee shall meet at a publicly noticed meeting to establish minimum qualifications and factors to use for the evaluation of Auditing Services to be provided by a certified public accounting firm licensed under Chapter 473 of the Florida Statutes, and qualified to conduct audits in accordance  with government auditing standards as adopted by the Florida Board of Accountancy .

Minimum Qualifications. In order to be eligible to submit a proposal, a firm must, at all relevant times including the time of receipt  of  the proposal by the District:

Hold all 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 proposer is  a  corporation; and

Meet    any  pre-qualification   requirements	established	by the Committee and set forth in the RFP or other specifications.

If requested in the RFP or other specifications, evidence of compliance  with the minimum qualifications as established by the Committee must be submitted with the proposal.

Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:

Ability of personnel;

Experience;

Ability to furnish the required services; and

Such other factors as may be determined by the Committee to be applicable to its particular requirements.

The Committee may also choose to consider compensation as a factor. If the Committee establishes compensation as one of the factors, compensation shall not be the sole or predominant factor used to evaluate proposals.

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one (1) newspaper of general circulation in the District and the county in which the District is located. The public announcement  shall allow  for at least seven (7) days for the submission of proposals.

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals ("RFP"). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee

determines is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

Committee's Evaluation of Proposals  and  Recommendation.  The  Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals  and may, as part of the evaluation, require that each interested firm provide a public  presentation where the Committee may conduct discussions with the firm, and where the firm may present information, regarding the firm's qualifications. At  the  public meeting, the Committee shall rank and recommend in order of  preference  no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to subsection (3)(b) of this Rule. If fewer than three firms respond to the RFP or if no firms respond to the RFP, the Committee shall recommend such firm as it deems to be the most highly qualified. Notwithstanding the foregoing, the Committee may recommend that any and all proposals be rejected.

Board Selection of Auditor.

Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first  and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shall immediately begin negotiations with the second ranked firm. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shall be terminated and negotiations with the third ranked firm shall be undertaken. The Board may reopen formal  negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms' respective competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Where compensation was selected as a factor used in evaluating the proposals, the Board shall select the highest-ranked qualified firm or document in its public records the reason for not selecting the highest­ ranked qualified firm.

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 June 30 of the fiscal year that follows the fiscal year   for which the audit is being conducted;

A provision specifying the contract period, including renewals, and conditions under which the contract may be terminated or renewed. The maximum contract period including renewals shall be five (5) years. A renewal may be done without the use of the auditor selection procedures provided in this Rule but must be in writing.

Provisions required by law that require the auditor to comply with public records laws.

Notice of Award. Once a negotiated agreement with a firm or individual  is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided  in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule  3.11 of the Rules of  the District shall constitute a waiver of proceedings under those Rules," or  wording to that effect. Protests regarding the award of contracts under this Rule shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 119.0701, 218.33, 218.391, Fla. Stat.

35

Rule 3.3	Purchase of Insurance.

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

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

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

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

The District may maintain a list of persons interested  in receiving notices of Invitations to Bid. The District shall make reasonable efforts to provide copies of any notices to such persons, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process.

Bids shall be opened at the time and place noted in the Invitation to Bid.

If only one (1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase.

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

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

insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the following statement: "Failure  to  file a protest  within  the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

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

Rule 3.4

(1)

(2)

Pre-qualification

Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to provide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.

Procedure. When the District seeks to pre-qualify vendors, the following procedures shall apply:

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

For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed pre­ qualification criteria and procedures and allow at least seven (7)  days notice of the public hearing for comments on such  pre-qualification  criteria and procedures. At such public hearing, potential vendors may object to such pre-qualification criteria and procedures. Following such public hearing, the Board shall formally adopt  pre-qualification criteria  and procedures prior to the advertisement of he 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 of receipt of the qualifications:

Hold all required applicable state professional licenses m good standing;

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

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

Meet any special pre-qualification requirements set forth in the Request for Qualifications.

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

Qualifications shall be presented to the Board, or a committee  appointed by the Board, for evaluation in accordance with the Request for Qualifications and this Rule. Minor variations in the qualifications may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature.

All vendors determined by the District to meet the pre-qualification requirements shall be pre-qualified. To assure full understanding of the responsiveness to the requirements contained in a Request for Qualifications, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion and revision  of  qualifications. For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the project.

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

Notice of intent to pre-qualify, including rejection of some or all qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail, hand delivery, facsimile, or overnight delivery  service.  The  notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute  a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's pre-qualification decisions under this Rule shall be in accordance  with the procedures set forth in Rule 3.11; provided however, protests related to the pre-qualification criteria and procedures for construction services  shall  be resolved in accordance with section  (2)(b) of this Rule and  Section 255.20(1)(b) of the Florida Statutes.

Suspension , Revocation, or Denial of Qualification

The District, for good cause, may deny, suspend, or revoke a prequalified vendor's pre-qualified status. A suspension, revocation, or denial for good cause shall prohibit the vendor from bidding on any District construction contract for which qualification is required, shall constitute a determination of non-responsibility to bid on any other District construction or maintenance contract, and shall prohibit the vendor from acting as a material supplier or subcontractor on any District contract or project during the period of suspension, revocation, or denial. Good cause shall include the following:

One of the circumstances specified under Section 337.16(2), Fla. Stat., has occurred.

11. Affiliated contractors submitted more than one proposal for the same work. In this event the pre-qualified status of all of the affiliated bidders will be revoked, suspended, or denied. All bids of affiliated bidders will be rejected.

111. The vendor made or submitted false, deceptive,  or  fraudulent statements, certifications, or materials in any claim for payment or any information required by any District contract.

1v. The vendor or its affiliate defaulted on any contract  or  a  contract surety assumed control of financial responsibility for any contract of the vendor.

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

v1. The vendor failed to comply with contract or warranty requirements or failed to follow District direction in the performance of a contract.

v11. The vendor failed to timely furnish all contract documents required by the contract specifications, special provisions, or by any  state  or federal statutes or regulations. If the vendor fails to furnish any of the subject contract documents by the expiration of the period of suspension, revocation, or denial set forth above, the vendor's pre­ qualified status shall remain suspended, revoked, or denied until the documents are furnished.
viii. The vendor  failed to notify the District  within  10  days of the vendor, or any of its affiliates, being declared in default or otherwise not completing work on a contract or being suspended  from qualification  to bid or denied qualification to bid by any other public or semi-public agency.
1x. The vendor did not pay its subcontractors or suppliers in a  timely manner or in compliance with contract documents-.

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

x1. An affiliate of the vendor has previously been determined by the  District to be non-responsible, and the specified period of suspension, revocation, denial, or non-responsibility remains in effect.

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

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

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

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

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

Such suspension or revocation shall not affect the vendor's obligations under any preexisting contract.
In the case of contract crimes, the vendor's  pre-qualified  status  under  this Rule shall be revoked indefinitely. For all violations of Rule 3.4(3)(a) other than for the vendor's conviction for contract crimes, the revocation, denial, or suspension of a vendor's pre-qualified status under this Rule shall be for a specific period of time based on the seriousness of the deficiency.

Examples of factors affecting the seriousness of a deficiency are:

Impacts on project schedule, cost, or quality of work;

Unsafe conditions allowed to exist;

111. Complaints from the public;

1v. Delay or interference with the bidding process;

v. The potential for repetition;

v1. Integrity of the public contracting process;

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

Specific Authority: §§ 190.011(5), 190 .011(15), Fla. Stat.
Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

Rule 3.5

(1)

(2)

Construction Contracts, Not Design-Build.

Scope. All contracts for the construction or improvement of any  building, structure, or other public construction works authorized by Chapter 190 of the Florida Statutes, the costs of which are estimated by the Distric.t 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.

If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to  Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

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

Hold all required applicable state professional licenses in good standing;

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

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

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

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to, reemployment assistance, safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a  District project.

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

Bids, proposals, replies, and responses, or the portions of which that  include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative  is present. The name of each bidder and the price submitted  in the  bid shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. Bids, proposals, replies, and responses shall be evaluated in

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

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

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

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

Notice of intent to award, including rejection of some or all bids,  proposals, replies, or responses, shall be provided in writing to all contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include  the  following  statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

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

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

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

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

Exceptions. This Rule is inapplicable when:

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

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

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

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

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.6

(1)

(2)

Construction Contracts, Design-Build.

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

Procedure.

(a) 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. If the process set forth in Rule 3.1 is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.

Compe titive 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 criteria by the following procedure:

A Request for Proposals shall be advertised  at least once in a newspaper of general circulation in the county in  which the District is located. The notice shall allow at least twenty-one (21) days for submittal of sealed proposals, unless the Board, for good cause, determines a  shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must  be noticed at least thirty (30) days prior to the date for submittal of proposals.

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

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 including but not limited to reemployment assistance, safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may

be considered ineligible by the District to submit a bid, response, or proposal for a District project.

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

The proposals, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. In consultation with the Design Criteria Professional, the Board shall evaluate the  proposals received based on evaluation criteria and procedures established prior to the solicitation of proposals, including but not limited to qualifications, availability, and past work of the firms and the partners and members thereof. The Board shall then select no fewer than three (3)  Design­ Build Firms as the most qualified.

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

If less than three (3) Responsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no Responsive Proposals are received, the District may proceed with the procurement of design-build services in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the design-build services without further competitive selection processes.

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service.  The notice shall include the following statement:  "Failure  to file a protest within the time prescribed in Rule 3.11· of the

Rules of the District shall constitute a  waiver  of proceedings under those Rules," or wording to that effect. Protests of the District's rankings under  this Rule shall be  in accordance with the procedures set forth in Rule 3.11.

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards.  Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the second most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the third most qualified firm. Should the Board be unable  to negotiate a satisfactory contract with the firm considered to be the third most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation  standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

After the Board contracts with a firm, the firm  shall bring to the Board for approval, detailed working drawings of the project.

The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and project construction with the Design Criteria Package and shall provide the Board with a report of the same.

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.

Emergencv Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified

Design-Build Firm available at the time. The fact that an  Emergency  Purchase  has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

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

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

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

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

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

Rule 3.7

(1)

(2)

Payment and Performance Bonds.

Scope. This Rule shall apply to contracts for the construction of  a  public  building, for the prosecution and completion of a public work, or for repairs  upon a public building or public work and shall be construed in addition to terms prescribed by any other Rule that may also apply to such contracts.

Required Bond. Upon entering into a contract for any of the services described in section (1) of this Rule in excess of $200,000, the Board should require that the contractor, before commencing the work, execute and record a payment and performance bond in an amount equal to the contract price. Notwithstanding the terms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.

(3)   Discretionary  Bond.   At the discretion·of the Board, upon entering into a contract for any of the services described in section (1) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

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

Rule 3.8

(1)

(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 terms of this Rule.  Contracts  for purchases of "goods, supplies, and materials" do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall  not  be divided  solely in order to avoid the threshold bidding requirements.

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

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice  shall also include  the amount of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

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

If the District has pre-qualified suppliers of goods, supplies, and materials, then, at the option of the District, only those persons who have been pre­ qualified will be eligible to submit bids, proposals, replies, or responses.

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

Hold all required applicable state professional licenses rn 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 Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. Bids, proposals, replies, and responses shall be evaluated in accordance  with the  respective  Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, and this Rule. Minor variations in the bids, proposals, replies, or responses may be waived by the Board. A variation  is minor if waiver  of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional  information may be requested and/or provided to evidence compliance, make non­ material modifications, clarifications, or supplementations,  and  as otherwise permitted by Florida law.

The lowest Responsive Bid, after taking into account the preferences provided for in this subsection, submitted by a  Responsive  and Responsible Bidder in response to an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be accepted. If the lowest R_esponsive 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

lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference of five (5) percent. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a  foreign state which grants a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference  equal to the preference granted by such foreign state.

To assure full understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be  accorded  fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

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

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

Notice of intent to award, including rejection of some or all  bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service.  The notice shall include the following statement:  "Failure to file   a protest within the time prescribed in Rule 3.11 of the Rules  of  the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of  goods, supplies, and materials under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

If less than three (3) Responsive Bids, Proposals, Replies,  or Responses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of  goods, supplies, and materials, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct

purchase of the goods, supplies, and materials without further competitive selection processes.

Goods, Suppli es. and Materials included in a Construction Contract Awarded Pursuant to Rule 3.5 or 3.6. There may be occasions where the District has undergone the competitive purchase of construction services which contract may include the provision of goods, supplies, or materials.  In  that  instance,  the District may approve a change order to the contract and directly purchase the goods, supplies, and materials. Such purchase of goods, supplies, and materials deducted from a competitively purchased construction contract shall be exempt from this Rule.

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

Renewal. Contracts for the purchase of goods, supplies,  and/or materials  subject to this Rule may be renewed for a maximum period of five (5) years.

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

Specific Authority: §§ 190.0ll(S), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.053, 190.033, 287.017, 287.084, Fla. Stat.

Rule 3.9	Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule if the cost exceeds the amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure. When a purchase of maintenance services is within the scope of this Rule, the following procedures shall apply:

The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located.  The notice shall also include  the amount  of the bid bond, if one is required. The notice shall allow at least seven (7) days for submittal of bids, proposals, replies, or responses.

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

If the District has pre-qualified suppliers of maintenance services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, and responses.

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

Hold all required applicable state professional licenses m 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.

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

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

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

entitled   to   recover   any   costs   of  bid,  proposal,	reply, or response preparation or submittal from the District.

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

U) Notice of intent  to  award,  including  rejection  of  some  or  all  bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules,11  or wording to that effect. Protests of the District's procurement of maintenance services under this Rule shall be in accordance with the procedures  set forth in  Rule 3.11.

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

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

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for a maximum period of five (5) years.

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

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

Specific Authority: §§ 190.011(5), 190.011(15), 190.033, Fla. Stat.
Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

Rule 3.10	Contractual Services.

Exemption from Competitive Purchase. Pursuant to Section 190.033(3) of the Florida Statutes, Contractual Services shall not be subject to competitive purchasing requirements. If an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to competitive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Invitation to Bid, Request for Proposals,  Invitation  to Negotiate, or Competitive Solicitation, no rights or remedies under  these  Rules,  including but not limited to protest rights, are conferred on persons, firms, or vendors proposing to provide Contractual Services to the District.

Contracts; Public Records. In accordance with Florida law, each contract for Contractual Services shall include provisions required by law that require the contractor to comply with public records laws.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119,0701, 190.011(3), 190.033, Fla. Stat.

Rule 3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6,
3.8, and 3.9.

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.

Filing.

With respect to a protest regarding qualifications, specifications, documentation, or other requirements contained in a Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation issued by the District, the notice of protest shall be filed in writing within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after the first advertisement of the  Request  for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within  seven  (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's intended  decision.  Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

Except for those situations covered by subsection (l)(a) of this Rule, any firm or person who is affected adversely by a District's  ranking  or intended award under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9 and desires to contest the District's ranking or intended award,  shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of  the notice of the District's ranking or intended award. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest  was  filed. For purposes of this Rule, wherever applicable, filing  will  be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's ranking or intended award. Failure to file a  formal  written protest shall constitute an abandonment of the protest proceedings  and shall automatically terminate the protest proceedings.

If the requirement for the posting of a protest bond and the amount of the protest bond, which may be expressed by a percentage  of the contract  to be awarded or a set amount, is disclosed in the District's competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3,

3.4, 3.5, 3.6, 3.8, or 3.9, any person who files a notice of protest must post the protest bond. The amount of the protest bond shall be determined by District staff after consultation with the Board and within the limits, if any, imposed by Florida law. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to·by the  District  and protestor.

The District does not accept documents filed by electronic mail  or facsimile transmission. Filings are only accepted during normal business hours.

Contract Execution. Upon receipt of a notice of protest which has been  timely filed, the District shall not execute the contract under protest until the subject of  the protest is resolved. However, if the District sets  forth  in writing  particular facts and circumstances showing that delay incident to protest proceedings will jeopardize the funding for the project, will materially increase the cost of the project, or will create an immediate and serious danger to  the  public  health, safety, or welfare, the contract may be executed.

Informal Proceeding, If the Board determines a protest does  not  involve  a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest.  Such informal  proceeding shall be at a time and place determined by the Board. Notice of such  proceeding  shall  be sent via facsimile, United States Mail, or hand delivery to the protestor and any substantially affected persons or parties not less than three (3) calendar days prior to such informal proceeding. Within thirty (30) calendar days following the informal proceeding, the Board shall issue a written decision setting forth the factual, legal, and policy grounds for its decision.

Fannal Proceeding, If the Board determines a protest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process provided for in section (3) of this Rule, the District shall schedule  a  formal hearing to resolve the protest. The Chairperson shall designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer to conduct the hearing. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

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

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.

Intervenors. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

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

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

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

Rule 4.0	Effective Date.

These  Rules shall  be effective-    -   -  -   -	20_, except that no election of officers required by these Rules shall be required until after the next regular election for the Board.

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

SECTION VI

RESOLUTION 2019-48

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT DESIGNATING A DATE, TIME, AND LOCATION OF A PUBLIC HEARING REGARDING THE DISTRICT'S INTENT TO USE THE UNIFORM METHOD FOR THE LEVY, COLLECTION, AND ENFORCEMENT OF NON-AD VALOREM SPECIAL ASSESSMENTS AS AUTHORIZED BY SECTION 197.3632, FLORIDA STATUTES; AUTHORIZING THE PUBLICATION OF THE NOTICE OF SUCH HEARING; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Rhodine Road North Community Development District (the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in unincorporated Hillsborough County, Florida; and

WHEREAS, the District pursuant to the provisions of Chapter 190, Florida Statutes, is authorized to levy, collect, and enforce certain special assessments, which include benefit and maintenance assessments and further authorizes the District's Board of Supervisors (the "Board") to levy, collect, and enforce special assessments pursuant to Chapters 170, 190 and 197, Florida Statutes; and

WHEREAS, the District desires to use the Uniform Method for the levy, collection and enforcement of non-ad valorem special assessments authorized by Section 197.3632, Florida Statutes, (the "Uniform Method").

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1.	A Public Hearing will be held to adopt the Uniform Method on
_   _   _   _   _   _   _   _   _   _  _  at_	p.m., at	, Florida 		_

SECTION 2.	The District Secretary is directed to publish notice of the hearing in accordance with Section 197.3632, Florida Statutes.

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

PASSED AND ADOPTED this 11th day of September 2019.

ATTEST:	RHODINE ROAD NORTH
COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

SECTION VII

RESOLUTION 2019-49

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT ADOPTING AND CONFIRMING THE AMENDED AND RE-STATED MASTER ASSESSMENT METHODOLOGY REPORT; ADOPTING AND CONFIRMING THE FIRST AMENDMENT TO THE  ENGINEER'S REPORT; DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE INFRASTRUCTURE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYED BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WHICH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE PAID; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.

WHEREAS, the Board of Supervisors (the "Board") of the Rhodine Road North Community Development District (the "District") previously determined to undertake the construction and maintenance of certain infrastructure improvements, (the "Improvements") and  evidenced  its intent to defray the cost of such Improvements through the levy and collection of assessments against property within the District benefitted by the Improvements pursuant to Resolutions 2019-40, 2019- 41, 2019-43, and 2019-44 (the Assessment Resolutions"); and

WHEREAS, On August 13, 2019, the Board of County Commissioners  of  Hillsborough County Florida approved Ordinance 19-18, amending the external boundaries of the District to include an additional 17.25 acres of land (the "Annexed Parcel" or "Cook Parcel"); and

WHEREAS, the Assessment Resolutions provided that upon annexation of additional  lands into the external boundaries of the District, the District will by separate resolution declare, levy, and impose special assessments upon the Annexed Parcel to provide for its proportionate share of the costs of the Improvements; and

WHEREAS, the District hereby determines to undertake, install, plan, establish, construct or reconstruct, enlarge or extend, equip, acquire, operate, and/or maintain the infrastructure Improvements described in the District's First Amendment to Engineer's Report dated April 2019, attached hereto as Exhibit A and incorporated herein by reference (the "Engineer's Report"); and

WHEREAS, the Engineer's Report details the scope and cost of public Improvements  necessary to serve the Annexed Parcel; and

WHEREAS, it is in the best interest of the District to pay the cost of the public Improvements by imposing and collecting special assessments pursuant to Chapter 190, Florida Statutes (the "Assessments") upon the Annexed Parcel; and

WHEREAS, the District is empowered by Chapter 190, the Uniform Community Development District Act, Chapter 170, Supplemental and Alternative Method of Making Local

1

Municipal Improvements, and Chapter 197, the Uniform Method for the Levy, Collection, and Enforcement of Non-Ad Valorem Assessments, Florida Statutes, to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain the Public Improvements and to impose, levy and collect the Assessments; and

WHEREAS, the District hereby determines that benefits will accrue to the Annexed Parcel, the amount of those benefits, and that special assessments will be made in proportion to the benefits received as set forth in the Amended and Restated Master Assessment Methodology  for  Rhodine Road North Community Development District, dated May 22, 2019, as supplemented by that Supplemental Assessment Methodology, dated June 21, 2019 (together, the "Assessment Report"), attached hereto as Composite Exhibit B and incorporated herein by reference and  on  file at  the office of the District Manager, c/o Governmental  Management  Services -  Central  Florida,  LLC, 135 West Central Boulevard, Suite 320, Orlando, Florida  32801  (the "District  Records  Office"); and

WHEREAS, the District hereby determines that the Assessments to be levied on the Annexed Parcel will not exceed the benefit to the property improved as set forth in the Assessment Report

NOW,	THEREFORE,	BE	IT	RESOLVED	BY	THE	BOARD	OF SUPERVISORS OF THE RHODINE ROAD NORTH:

Assessments shall be levied to defray a portion of the cost of the Improvements as specified in the Assessment Report.

The nature and general location of, and plans and specifications for,  the Improvements are described in Exhibit A, which is on file at the District Records Office.  Exhibit B  is also on file and available for public inspection at the same location.

The total estimated cost of the Improvements following annexation is $9,786,757 (the "Estimated Cost").

The Assessments will defray approximately $12,850,000, which includes the Estimated Cost, plus financing-related costs, capitalized interest and a debt service reserve.

The manner in which the Assessments shall be apportioned and paid is set forth in
Composite Exhibit B, including provisions for supplemental assessment resolutions.

The Assessments shall be levied, within the District, on all lots and lands adjoining and contiguous or bounding and abutting upon the Improvements or specially benefitted thereby and further designated by the assessment plat hereinafter provided for.

There is on file, at the District Records Office, an assessment plat showing the area to be assessed, with certain plans and specifications describing the Improvements and the estimated cost of the Improvements, all of which shall be open to inspection by the public.

Commencing with the year in which the Assessments are levied and confirmed, the Assessments shall be paid in not more than (30) thirty annual installments. The Assessments may be payable at the same time and in the same manner as are ad-valorem taxes and collected pursuant to

Chapter 197, Florida Statutes; provided, however, that in the event the uniform non-ad valorem assessment method of collecting the Assessments is not available to the District in any year, or if determined by the District to be in its best interest, the Assessments may be collected as is otherwise permitted by law.

The District Manager has caused to be made a preliminary assessment roll, in accordance with the method of assessment described in Composite Exhibit B hereto, which shows the lots and lands assessed, the amount of benefit to and the assessment against each lot or parcel of land and the number of annual installments into which the assessment may be divided, which assessment roll is hereby adopted and approved as the District's preliminary assessment roll.

The Board shall adopt a subsequent resolution to fix a time and place at which the owners of property to be assessed or any other persons interested therein may appear  before  the Board and be heard as to the propriety and advisability of the assessments or the making of the Improvements, the cost thereof, the manner of payment therefore, or the amount thereof to  be assessed against each property as improved.

The District Manager is hereby directed to cause this Resolution to  be  published twice (once a week for two (2) consecutive weeks) in a newspaper of general circulation within Hillsborough County and to provide such other notice as may be required by law or desired in the  best interests of the District.

This Resolution is intended to amend and supplement Resolutions 2019-25, 2019-32, 2019-33, 2019-40, 2019-41, 2019-43, and 2019-44, relating to the District's levy of special assessments on certain lands within the boundaries of the District benefitting from the Improvements. As such, all such prior resolutions, including but not limited to, Resolutions 2019-25, 2019-32, 2019- 33, 2019-40, 2019-41, 2019-43 and 2019-44, remain in full force and effect, except to the extent provided for herein.

This Resolution shall become effective upon its passage.

The invalidity or enforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

3

PASSED AND ADOPTED this 11th day of September 2019.

Attest:	RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A:

Comp. Exhibit B:

First Amendment to Engineer's Report dated December 2018, revised April 2019
Amended and Restated Master Assessment Methodology for Rhodine Road North Community Development District, dated May  22,  2019,  as supplemented by that Supplemental Assessment Methodology, dated June 21, 2019

EXHIBIT A

RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT

FIRST AMENDMENT TO ENGINEER'S REPORT DATED DECEMBER 2018

Prepared for:

BOARD OF SUPERVISORS RHODINE ROAD NORTH
COMMUNITY DEVELOPMENT DISTRICT

Prepared by:

ABSOLUTE ENGINEERING, INC.

APRIL2019

RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT

TABLE OF CONTENTS
PURPOSE	4
INTRODUCTION	4
Ill.	SCOPE	5
THE DEVELOPMENT	6
THE PROJECT	6
PROPOSED IMPROVEMENTS	7
Stormwater Management FaciHties	7
Roadway	8
Water and Wastewater Facilities	9
Off-site Improvements ........................................................................................................	10
Miscellaneous	I.O
PERMITTING	J J
VIIl.  RECOMMENDATION	12
REPORTMODIFICATION	12
CONCLUSION	13

LIST OF TABLES & EXHIBITS

TABLE 1 - Summary of Opinion of Probable Costs TABLE 2 -Summary of Proposed District Facilities

EXHIBIT 1 - Location Map EXHIBIT 2 - Overall Site Plan EXHIBIT 3 - Aerial Site Plan EXHIBIT 4 - Legal Description EXHIBIT 5 - Drainage Map EXHIBIT 6 - Utility Location Map EXHIBIT 7-Future Land Use Map EXHIBIT 8- Zoning Map

ENGINEER'S REPORT RHODINE ROAD NORTH

PURPOSE

The purpose of this report is to provide infonnation related to the expansion of the COD boundmy to include the adjacent Cook Parcel, totaling 17.25 acres to the existing COD. The existing Rhodine Road North CDD consists of 102.12 acres. The expanded boundary will total 119.37 acres. The existing Rhodine Road North COD is entitled through a planned development "PD" plan controlled zoning for 407 units, but construction pennitting is ongoing for 324 residential units and their associated infrastructure. The proposed expansion will include the adjacent "Cook Parcel", which is currently being zoned for 77 units. The expanded COD will have a total of 401 proposed units.

INTRODUCTION

The Rhodine Road North  Community  Development  District  (the "CDD" and also referred  to herein as the "Development")  is  located  along the north side of Rhodine Road, west of Balm Riverview Road, Hillsborough County, Florida. The District currently contains approximately 11937acres and is expected to consist (following the annexation of the Cook Parcel) of 401 single family  lots, recreation/  amenity areas, parks, and  associated infrastructure.

The COD will own and operate the stormwater management facilities, as well as the landscape, irrigation, signage, and recreational facilities within the Community. The roadways and water and sewer utilities will be dedicated to Hillsborough County for ownership and operation.

Improvements and facilities financed, acquired, and/or constructed by the CDD will be required to conform to regulatory  criteria  of Hillsborough  County,  SWFWMD,  and other applicable  agencies  with  regulatory  jurisdiction  over  the  development.  An overall estimate of probable cost is provided in Section 9 of this report.

The development plan prepared by the COD reflects the present intentions of the COD. It should be noted that the location of proposed facilities and improvements may be adjusted during the fmal design, permitting, and implementation phases.  It  should  also be  noted that these modifications are not expected to diminish the benefits received by the  COD.  The CDD reserves the right to make reasonable adjustments to the development plan to meet applicable regulatory requirements of agencies with jurisdiction over  the development, while maintaining comparable level of benefits to the CDD served by the improvements. Changes and  modifications  are  expected  as  changes  in  regulatory criteria are implemented.

Implementation of any proposed facilities or improvements outlined in this report requires written approval from the CDD's Board of Supervisors. Estimated costs outlined in this report were based on best available information, which includes but is not limited to previous experience with similar projects. Actual costs could be different than estimates because final engineering and specific field conditions may affect construction costs.

PURPOSE
The purpose of this report is to provide infonnation related to engineering support to fund improvements in the COD, The COD is entitled through PD controlled  zoning for 477 units, but construction permitting is ongoing for 401 residential units and their associated infrastructure. This report will identify the proposed capital improvements to  be constructed or acquired by the District along with an opinion of probable cost.

Contained within this report is a description of the public infrastructure to be constructed or acquired by the District (the "Capital Improvements"). The District will finance, construct, operate, and maintain specific portions of the proposed Capital Improvements. An assessment methodology consultant has been retained by the District, who will develop the assessment and financing methodology to be applied to this report.

The predominant portion of this report provides descriptions of the proposed public infrastructure improvements, detennination of estimated probable construction costs, and the corresponding benefits associated with the implementation of the described
improvements. Detailed site construction plans and specifications have been  completed and are currently being permitted through Hillsborough County, SWFMWD, and FDEP. The engineer has  considered,  and  in  specific  instances  has  relied  upon,  the information and documentation prepared or  supplied  by  others,  and  information  that may have been provided by public entities, public employees, the developer, site construction contractors, other engineering professionals, land surveyors, the  District Board of Supervisors, and its staff and consultants.

THE DEVELOPMENT

The Community will consist of 401 single  family  homes  and  associated infrastructure (the "Development"). The Development is a planned residential community located on the north side of Rhodine Road in Hillsborough County, Florida. The Development lies within, Section 33, To"1lship 30 South, Range 20 East, all within Hillsborough County, Florida. The Development received zoning approval on the eastern l 02.12 acre parcel by the Hillsborough County Planning Commission as a planned development, and has an underlying Future Land Use Designation of R-4. The western 17.25 acre  parcel  has  an  underlying  Future  Land  Use  Designation  of  R- 4  and  is  currently  being  zoned  through   Hillsborough   County  and   is  expected to be approved in May 2019. The Development will be constructed in two phases.

THE PROJECT

The Capital Improvements consist of public infrastructure. The primary portions of the Capital Improvements will entail stormwater pond construction, roadways built to an "urban" typical section, water and sewer facilities and off-site  improvements  including tum lanes.

There will also be stormwater structures and conveyance culverts within the Capital Improvements which will outfall into the on-site retention ponds. These structures and
. pond areas comprise the overall stormwater facilities of the Capital Improvements. Installation of the water distribution and wastewater collection  system will also occur at this time. Below ground installation of conduits for power, telecommunications, and cable TV, and street lights within the public right of way and in the adjacent utility easement will be funded by the District.

As a part of the recreational component of the Development, a public park wiU be constructed in the eastern portion of the Development and is accessed by the public roadways.

PROPOSED IMPROVEMENTS

The Capital Improvements include the following:

Stormwater Manuement Facilities
Stonnwater management facilities consisting of storm conveyance systems and retention ponds are contained within the District boundaries. Stormwater runs off via roadway curb and gutter to storm inlets. From that point storm culverts convey the runoff into the proposed retention ponds for water quality treatment and attenuation. The proposed stormwater systems will utilize wet detention for biological pollutant assimilation to achieve water quality treatment. The design criteria for the District's ·stormwater management systems is regulated by Hillsborough County and the Southwest Florida Water Management District (SWFWMD). There are surface waters or natural wetlands within the COD.

FEMA Community Panel No. 12057C-05089H (dated 08/28/2008) demonstrates that the property is located within Flood Zone A and X. The Development has been designed to provide adequate floodplain compensation for proposed floodplain encroachment.

During the construction of stormwater management facilities, utilities and roadway improvements, the contractor wiJI be required to adhere to a Storm.water Pollution Prevention Plan (SWPPP) as required by FDEP as delegated by the Environmental Protection Agency (EPA). The SWPPP will be prepared to depict for the contractor the proposed locations of required erosion control consisting of floating and staked turbidity barriers specifically along the down gradient side of any proposed construction activity and adjacent to the edge of the large borrow pond, surface water ditches,  wetland  edges and  the perimeter of the site. The site contractor will be required to provide the necessary reporting on various forms associated with erosion control, its maintenance  and  any rainfall events that occur during construction activity.

Roadways
The proposed public roadway sections are to be 50' R/W with 20' of asphalt and Miami curb and gutter on both sides. The proposed roadway section will consist of stabilized subgrade, crushed concrete or cement treated base and asphalt wearing surface. The proposed curb is to be 2' wide and placed along the edge of the proposed roadway section for purposes of protecting the integrity of the pavement and also to provide storrnwater runoff conveyance to the proposed storrnwater inlets. Underdrain is provided as necessary to control groundwater and protect the roadway base material.

The proposed roadways will require signing and pavement markings within the public rights-of-way, as well as street signs depicting street name identifications, and addressing, which will be utilized by the residents and public. As stated  above, the District's  funding of roadway construction will occur for all public roadways.

Water and Wastewater Facilities
A potable water system inclusive of water main, gate valves, fire hydrants and appurtenances will be installed for the Development. The water service provider  will  be the Hillsborough County Utilities Department. The water system will be  a  "looped" system consisting of 4", 6", and 8" diameter PVC water main. These facilities will be installed within the proposed public rights-of-way within the District. This water will provide the potable (domestic) and fire protection services which will serve the entire
District.

A domestic wastewater collection system inclusive of gravity sanitary sewer mains, sewer laterals, pump station and pressure force mains will be installed. The gravity sanitary  sewer mains will be 8" diameter PVC. The gravity sanitary sewer lines will be placed  inside of the proposed public rights-of-way, under the proposed paved roadways.  Branching off from these sewer lines will be laterals to serve the individual lots. Two (2) sanitary sewer pump station is currently proposed within the District to collect the gravity sanitary sewer and pump it to the existing Hillsborough County Force main system in the existing Rhodine Road right of way.

Reclaimed water is not available for this site. An irrigation well to be funded by the District will be installed onsite to provide irrigation within the public right of way. Any water, sewer, or reclaim water pipes or facilities placed on private property will not be publicly funded.

Off-Site Improvements
The District wiJI provide funding for the tum lanes on Rhodine Road at the Project entrances.

Upon completion of these improvements, inspection /  certifications  will  be  obta.ined from the Southwest  Florida  Water  Management  District  (SWFWMD)  and Hillsborough County.

Miscellaneous:
The stormwater improvements, landscaping and irrigation, mitigation area(s), and certain permits and professional fees as described in this report, are being financed by the District with the intention for benefiting all of the developable real property within  the District. The construction and maintenance of the proposed public Capital Improvements will benefit the Development for the intended use as a mixed use planned development.

PERMITTING
Required construction permits for the proposed improvements include the Southwest Florida Water Management District (SWFWMD) Environmental Recourse Pennit (ERP) and Hillsborough County Construction Plan Approval. Construction permits have been obtained for the Rhodine Road Subdivision located on the Rhodine Parcel. Construction permits are currently being obtained for the Rhodine Road West Subdivision located on the Cook Parcel. There are no Army Corps of Engineer  (ACOE)  jurisdictional  wetlands within the Development, therefore no pennits are required from that agency.

Following is a summary of required permits obtained and pending for the construction of the public Capital Improvements for the District:

Rbodine Road Subdivision (102.12 Ac.) (Cook Parcel)

Permits / Approvals	Approval / Date	
Zoning Approval (Hillsborough)	PD 18-0562 (7/25/18)	
Preliminary Plat (Hillsborough)	Pl 4343 (8/18/18)	
SWFWMDERP	ERP 43043678.001 (11/16/18)	
Construction Permits (Hillsborough)	PI# 4343 {11/29/18)	
FDEPWater	0125332-1894-DSGP (10/26/18)	
FDEPSewer	0369734-001-DWC (11/13/18)	
Rhodine Road West Subdivision (17.25 Ac.)

Permits / Approvals	Approval/ Date	
Zoning Approval (Hillsborough)	PD 18-1488 (expected May 2019)	
Preliminary Plat (Hillsborough)	(expected June 2019)	
SWFWMDERP	{expected August 2019)	
Construction Permits (Hillsborough)	(expected August 2019)	
FDEPWater	(expected August 2019)	
FDEP Sewer	(expected August 2019)	

VIIl. RECOMMENDATION

As previously described within  this report, the public Capital Improvements  as described is necessary for the development and functional operation as required by Hillsborough County, Florida. The site planning, engineering design and construction plans for the infrastructure are in accordance with the applicable requirements of the Hillsborough County and SWFWMD. It should be noted that the Capital Improvements  will provide their intended use and function so long as the construction and installation  is  in substantial· confonnance with the design construction plans and regulatory permits.

Items utilized in the Opinion of Probable Costs for this report are based upon current plan quantities for the infrastructure as shown on construction drawings incorporating specifications in the most recent review comments received from SWFWMD and Hillsborough County as well as estimated quantities for the future phases.

REPORT MODIFICATION

During development and implementation of the  public  Capital  Improvements  as described for the District, it may be necessary to make modifications and/or deviations for the plans. However, if such deviations and/or revisions do not change the overall primary objective of the plan for such improvements, then the costs differences would not  materially affect the proposed cost estimates.

CONCLUSION

It is our professional opinion that the public Capital Improvements costs for the District provided in this report are reasonable to complete the  construction  of  the infrastructure. Furthermore, the public infrastructure improvements will benefit and add value to lands within the District at least equal to the costs of such improvements.

The Opinion of Probable Costs  of the Capital Improvements  is only  an estimate and is not a guaranteed maximum price. The estimated costs are based upon unit prices currently experienced on an ongoing and similar basis for work in Hillsborough County. Furthermore, the quantities are a derivative of line items from specific construction documents and construction contracts as of this date. However, labor market, future costs of equipment, materials, changes to the regulatory permitting agencies' activities, and the actual construction processes employed by the chosen site contractor  are beyond the engineer's control. Due to this inherent  opportunity  for changes  (upward or downward) in the construction costs, the total, final construction cost may be more or less than this estimate.

Based upon the presumption that the construction of the Capital Improvements continues in a timely manner, it is our professional opinion that the proposed public Capital Improvements when constructed and built in substantial conformance with the approved plans and specifications, can be completed and used for their intended function. Be advised that we have utilized historical costs and direct unit costs from site contractors and consultants in Hillsborough County, which we believe to be necessary in order to facilitate accuracy associated with the Opinion of Probable Costs. Based upon the information above, it is our professional opinion that the acquisition and construction costs of the proposed Capital Improvements can be completed at the cost stated.

TABLE 1: SUMMARY OF OPINIO N OF
PROBABLE COS1.,S

TABLE 1

RHODINE ROAD NORTH
COMMUNITY DEVELOPMENT DISTRICT

Summary of Opinion of Probable Cost

umber of ts	m	77	401	
Infrastructure1113 1
"'	.B.bm!!!!!	.'92k	!!ml	
Offslte lmpr ovements1' 1	$	423,006	$	84,000	$	507,006	
Stormwater Management< 211>3< 5U 6J	$	4,094,054	$	962,232	$	5,056,286	
Utilities (Water, Sewer, & Street Lighting) 181	$	1,220,709	$	328,721	$	1,549,430	
Road way 141	$	989,387	$	223,645	$	1,213,032	
Entry Feature & Slgnagem	$	220,000	$	30,000	$	250,000	
Parks and Amenities	$	580,000	$	138,000	$	718,000	
Co nti ng ency	$	400,000	s	93,000	s	493,000	
TOTAL	$	7,927,156	s	1,859,598	$	,9 786,754	

Infrastructure consists of public roadway improvements, Stormwater management facilities, master sanitary sewer lift station and utilities, entry feature, landscaping and signage, and neighborhood parks. Any land or other acquisitions will be made at the lower of cost or fair market value.
Stormwater does not Include grading associated with building pads, both for initial construction and in conjunction with home construction.
Includes Stormwater pond excavation, and storage of fill, but not the cost of transporting the fill to private lots.
Includes sub-grade, base, asphalt paving, curbing, and clvll/slte engineering. All roadways will be public and accessible by public.
Includes subdivision infrastructure and civil/site engineering.

Estimates are based on 2018 costs.

Includes entry features, signage, hardscape, landscape, irrigation and fencing.

COD will enter into a Lighting Agreement with Tampa Electric for the street light poles and lighting service. Only undergroundlngof wires in public rights-of-way and on District land will be funded by the CDD.
Offsite Improvements Include turn lanes on Rhodlne Road at Project Access p oints.

TABL E 2:
SUMIVI AR Y OF PROPOSED DISTRI CT FACILITIES

RHODINE ROAD NORTH COMMUNITY DEVELOPMENT DISTRICT
TABLE 2 - SUMMARY OF PROPOSED DISTRICT FACILITIES

DISTRICT INFRASTRUCTURE	
CONSTRUCTION	
OWNERSHIP	
CAPITAL FINANCING	
OPERATION & MAINTENANCE	

ENTRY SIGNAGE AND FEATURES	
DISTRICT	
DISTRICT	
DISTRICT BONDS	
DISTRICT	

PARKS AND AMENITIES	
DISTRICT	
DISTRICT	
DISTRICT BONDS	
DISTRICT	

STORMWATER FACILITIES	
DISTRICT	
DISTRICT	
DISTRICT BONDS	
DISTRICT	

WATER AND SEWER UTILITIES	
DISTRICT	
HILLSBOROUGH COUNTY	
DISTRICT BONDS	
HILLSBOROUGH COUNTY	

STREET LIGHTING/CONDUIT	
DISTRICT	
DISTRICT	
DISTRICT BONDS	
TECO	

ROAD CONSTRUCTION	
DISTRICT	
HILLSBOROUGH COUNTY	
DISTRICT BONDS	
HILLSBOROUGH COUNTY	

OFFSITE ROADWAY	
DISTRICT	
HILLSBOROUGH COUNTY	
DISTRICT BONDS	
HILLSBOROUGH COUNTY	

E XHIBIT 1: LOCATION MAP

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LOCATION MAP RHODINE ROAD NORTH COD	

EXHIBIT 2: OVERALL SITE PL AN

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RHODINE ROAD NORTH CDD

B0PROW	PONr

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ACCESS   !     DINT	

RHODINE ROAD	

1000

500

0	

3o	
AalABSOLUTE L41.91ENGINEERING, INC.
( 8 1 3 )   221-1516  1B.	,cooN.    ASHI.EY DRIV,E  sum;925	SITE PLAN RHODINE ROAD NORTH COD
33-305-20£	0001.0002	ROA BY	:16-2019	S1ET
ISSiEC 'TfvWiiPi>FRI GE,-----i-:JiORONBUiwMBER.-------	---rnD;'=RAw= N -;..;--	-----=	-	-	-	J	
(813)34-40 1  00    FM	C.A.  N0.   28358	TAMPA,   Fk0R   I DA 3 3"02		

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EXHIBIT 3: AERIAL SITE PLAN

JfalABSOLUTE
L419JENGINEERING, INC.
(813) 221•1515  TEL	1000 N. ASHLEY ORIVE. SurTE 92S
{813)      0 100  FM	C.A.  N0.293$8	TAMPA. FLCR1DA 33&02	AERIAL SITE PLAN RHODINE ROAD NORTH COD	
	SEClWPRGE
33-30S-20E	JOB NUMBER
0001.0002	CRAWN BY
ROA	DA
04-16-2019	SHEET
1	

EXHIBIT 4: LEGAL DESC.RIP TION

SKETCH le DESCRIPTION -	NOT  A  SU,R IEY

LEGAL DESCRIPTION:

A PARCEL OF LAND LYING IN GOVERNMENT LOTS 1, 2 IN THE SOUTHEAST 1/4 OF SECTION 3.3, TOWNSHIP .30 SOUTH, RANGE 20 EAST AND GOVERNMENT LOT .3 IN THE SOUTHWEST 1/4 OF SECTION JJ, TOWNSHIP 30 SOUTH, RANGE 20 EAST BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AS A POINT OF REFERENCE COMMENCE AT THE SOUTHWEST CORNER OF GOVERNMENT LOT 2 AND THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, IN SECTION 33, TOWNSHIP JO SOUTH, RANGE 20 EAST HILLSBOROUGH COUNTY, FLORIDA AND PROCEED N 001'8'25" E, ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 2 AND THE EAST BOUNDARY OF SAID GOVERNMENT LOT 3, A DISTANCE OF 50.00 FEET TO A POINT ON THE NORTH RIGHT OF WAY
LINE OF RHOOINE ROAD AND THE SOUTHEAST CORNER OF THAT CERTAIN TRACT DESCRIBED IN OFFICIAL RECORDS BOOK 19528, PAGE 1461, OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA AND THE POINT or·
BEGINNING; THENCE CONTINUE N 00"08'25" E, ALONG THE WEST BOUNDARY OF SAID GOVERNMENT LOT 2 AND THE EAST BOUNDARY OF SAID GOVERNMENT LOT 3 AND THE EAST BOUNDARY OF SAID TRACT, A DISTANCE OF 755.07 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE N 89'51'10" W, ALONG THE NORTH BOUNDARY OF SAID TRACT, A DISTANCE OF 135.55 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 00'08'56"  W,  ALONG THE WEST BOUNDARY OF SAID TRACT, A DISTANCE OF 658.98 FEET; THENCE S 24"21'49" W, A DISTANCE OF 105.23 FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF RHODINE ROAD; THENCE N 89'48'49• W, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 31.51 FEET; THENCE N 25'01'20" E, A DISTANCE OF 105.61
FEET TO A POINT ON THE EAST BOUNDARY OF THE WEST 166 . 00 FEET OF THE EAST ¼ OF SAID GOVERNMENT LOT
3; THENCE N 00'10'37" E, ALONG SAID EAST BOUNDARY, A DISTANCE OF 1780.95 FEET TO A POINT ON THE SOUTH BOUNDARY OF THE NORTH .394.00 FEET OF THE EAST ¼ OF SAID GOVERNMENT LOT 3;  THENCE  S 89'58'48•  W, ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 166.00 FEET TO A POINT ON THE WEST BOUNDARY or THE EAST 1' OF SAID GOVERNMENT LOT :S; THENCE S 0010'16" W, ALONG SAID WEST BOUNDARY, A DISTANCE OF 1876.19 FEET
TO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF RHODINE ROAD;  THENCE N 89'48'49"  W. ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF :S.31.81 FEET TO A POINT ON THE \\£ST BOUNDARY OF THE
WEST½ OF THE EAST½ OF GOVERNMENT LOT 3; THENCE N 0012'38" E, ALONG SAID WEST BOUNDARY, A DISTANCE  OF 2268.99 FEET TO A POINT ON THE NORTH BOUNDARY OF SAID GOVERNMENT LOT :S ANO THE SOUTH BOUNDARY OF ESTUARY PHASE 3 AS RECORDED IN PLAT BOOK 121, PAGE 85 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE N 89'58'44" E, ALONG SAID NORTH AND SOUTH  BOUNDARIES,  A DISTANCE  OF 660.81 FEET TO THE NORTHEAST CORNER OF SAID GOVERNMENT LOT :S ANO THE NORTHWEST CORNER OF SAID
GOVERNMENT LOT 2; THENCE N 89'43'14" E, ALONG THE NORTH BOUNDARIES OF SAID GOVERNMENT LOTS 1 AND 2 AND THE SOUTH BOUNDARY OF SAID ESTUARY PHASE .3 AND THE SOUTH BOUNDARY OF ESTUARY PHASE 2 AS RECORDED IN PLAT BOOK 120, PAGE 211 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA AND THE SOUTH BOUNDARY OF ESTUARY PHASE 1 AND 4 AS RECORDED IN PLAT BOOK 119, PAGE  91 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA. A DISTANCE OF 1650.73 FEET TO A POINT ON THE WEST BOUNDARY OF TRACT A-DRAINAGE AS SHO ON SAID ESTUARY PHASE 1 AND 4; THENCE S 00'00'16" W, ALONG SAID WEST
BOUNDARY ANO THE WEST BOUNDARY. OF ESTUARY PHASE 5 AS RECORDED IN PLAT BOOK 12:S, PAGE .35 OF THE PUBLIC RECORDS or HILLSBOROUGH  COUNTY, FLORIDA  ANO THE WEST BOUNDARY OF MASSARO MINOR SUBDIVISION
AS RECORDED IN MINOR SUBDIVISION BOOK 1, PAGE 36 OF THE PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA, A DISTANCE OF 1170.14 FEET TO THE SOUTHWEST CORNER OF SAID MASSARO MINOR SUBDIVISION; THENCE N 89'50'36" E, ALONG THE SOUTH BOUNDARY OF SAID MASSARO MINOR SUBDIVISION, A DISTANCE OF 3.38.13 FEET; THENCE S 00'05'10" E, A DISTANCE Of 1125.65 FEET TO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF RHODINE ROAD; THENCE N 89".3.3'25" W, ALONG SAID NORTH RIGHT OF WAY LINE, A DISTANCE OF 1001.80 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN TRACT DESCRIBED IN OFFICIAL RECORDS BOOK 23196, PAGE
1916, PUBLIC RECORDS OF HILLSBOROUGH COUNTY, FLORIDA; THENCE N oo·os·oe" E, ALONG THE EAST BOUNDARY
OF SAID TRACT, A DISTANCE OF 290.86 FEET TO THE NORTHEAST CORNER OF SAID TRACT; THENCE N 89".38'48• W, ALONG THE NORTH BOUNDARY OF SAID TRACT, A DISTANCE OF 150.16 FEET TO THE NORTHWEST CORNER OF SAID TRACT; THENCE S 00'03'14" W, ALONG THE WEST BOUNDARY OF SAID TRACT, A DISTANCE OF 290.62 FEET TO THE SOUTHWEST CORNER OF SAID TRACT ANO A POINT ON THE AFOREMENTIONED NORTH RIGHT OF WAY LINE OF
RHODINE ROAO; THENCE N s9·33•2s" w, ALONG SAID NORTH RIGHT OF WAY LINE. A DISTANCE OF 844.25 FEET TO
THE POINT OF BEGINNING.

 	
Aaron  J. Murphy, PSM	Dote  Florido Professional Surveyor & Mapper  No.  6768 for Hamilton Engineering and Surveying, Inc.
Certificate of Authorization No. LB701.3	
I ,-HAMILTON
_F-	ENGINEERl!JG & SURVEYING, INC.
3409 W. LEMON STREET	TEL  (813) 250-3535
TAMPA. FLORIDA   33609	LBf7013	rAX  (813)  250-3636	RHODINE ROAD PROPERTIES
CDD  EXHIBIT
......... Hl.,t	l  g..., "Ll>I=	r <.!•U	
	33-30S-2OE	03056.0011	IAS SHOWN	

SKETCH le DESCRIPTION -	NOT A SURVEY	400
NORTl-1  BOUNDARY  O1F	'§
GOVERNMENT LOT 3
&  SOUTH  BOUNDARY	j   '	.:.
OF ESlUARY PHASE 3	Q 200
PLAT 121 PAGE 85	L14
L13
(.)
II)
NORTH BOUNDARIES OF GOVERNMENT LOTS	j l o
SOUTH BOUNDARY OF lHE	( 1 &: 2 AND lHE SOUlH BOUNDARY OF ES'TUARY
NORTH 394' OF THE EAST	PHASE 3
1/4  OF GOVERNMENT LOT 3	&: THE SOUTH BOUNDARY OF ESTUARY PHASE 2
PLAT BOOK 120, PAGE 211
IN THE SE 1/4 OF SECTION 33-30-20
NORTHEAST CORNER OF
l9		GOVERNMENT LOT 3 IN THE SW 1/4 OF SECTION 33-30-20
ANO NORTHWEST CORNER OF GOVERNMENT LOT 2 IN THE SE 1/4   OF SECTION 33-30	20

NW CORNER OF OFFICIAL
RECORDS BOOK 19528. PAGE 1461
NORTH BOUNDARY OF OFFICIAL
RECORDS BOOK 1952B. PAGE 1461	SOUTH BOUNDARY Of'
NE CORNER OF OFFICIAL	MASSARO MINOR SUB
r	RECORDS BOOK 19528, PAGE 1461	[     L18
SW CORNER OF ,
MASSARO MINOR SUB

PARC£l CONTAINS
:t719.J7 ACRES

,...
:::;
NW CORNER	NE CORNER
OR 23196, PAGE 1916	,,- OR  23196,  PAGE 1916

-uo
PQNT OF BEQNNINC	...
SE CORNER OF OR. 1 9528, PAGE 1461	-	/	NOR TH  RIGHT  Of'  WAY LINE
OF RHODINE ROAD
L11	,	L8/!3-	/ 		l22	/	ri:--   -   -   -   -   -   - L 1-8 	J
'-'I
SW CORNER ./	SE  CORNER
OR 23196, PAGE 1916	OR  23196.  PAGE 1916
POINT r, COMMENCEMENT

FOR FURTHER DESCRIBED AS PARCEL. SOUTHWEST CORNER OF" •GOVERNMENT LOT 2 & SOUTHEAST CORNER OF GOVERNMENT LOT 3 IN lHE SW 1/4 Of" SECTION 33-30-20	
..,.-1.1...I-HAMILTON
ENGINEERING  &   SURVEYING,  INC.

3409 W. LEMON STREET	•	11:L {813) 250-353!!
TAMPA, FLORIOA 33609	LSf7013	f'AX (813) 250-3636	RHODINE ROAD PROPERTIES
CDD  EXHIBIT	
	::,:;:\,,.  Y1'"' "C• .. ,t:	JOB -.1.1M <'l	I i.IM C
33-30S-20E	03056.0011	104 / 24 / 20 18	

LINE TABI.£	
LINEf	DIRECTION	LENGTH	
l1	N 00'08'25" E	so.oo·	
L2	N Oa'08'25" E	755.07'	
L3	N 89"51'10" W	135.55'	
L4	S 00'08'56" W	658.98'	
L5	S 24'21'49" W	105.23'	
L6	N 89'48'49" W	31.51'	
L7	N 25'01'20" E	105.61'	
L8	N 00'10'37" E	1780.95'	

LINE TH!l.E	
LINE#	DIRECTION	LENGTH	
L17	S 00'05'10" E	1125.65'	
L18	N 89'33'25" W	1001.80'	
L19	N 00'05'08" E	290.86'	
l20	N 89'38'48" W	150.16'	
L21	S 00'03'14" W	290.62'	
L22	N 89'33'25" W	844.25'	

LINE TABLE	
LINE#	DIRECTION	LENGTH	
l9	S 89'58'48" W	166.00'	
l10	S 00'10'16° W	1676.19'	
L11	N 69"48'49" W	331.81'	
L12	N 00'12'38" E	2268.99'	
L13	N 89"58'44" E	660.81'	
L14	N 89'43'14" E	1650.73'	
LIS	S 00'00'16" W	1170.14'	
L16	N 89'50'36" E	338.13'	

EXHIBIT 5:
DRAINAGE MAP

				
2000	

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l!						
j				1000		
j				
500		
A8S0LUT[ [NG/NffRING, /HC. MAX[S NO WARFWllY, REPRES[Wl'AnON OR						
GIJARANTff  AS  TO !Hf CONT[lfl,  SECUENC[,  ACCURACY,  nMELJNfSS, OR
i: COMPLrn:NESS OF ANY OF !Hf GEODATA INFORMATION PROVID[O HEREIN.				0		
AalABSOLUTE
mgj  ENOINEERING, INC.
(813}221.1516  TB..	1000 N. ASi-iLEV .rnv,JE, 6UJTE 82'6	ALAFIA RIVER STORM MODEL RHODINE ROAD NORTH COD	
	SECTWPRGE	JOB NUMBER	DRAWN BY	DATE	SHE	
(813} 344--0100 FAX	C.A NO. 28358	TAMPA, FLORrOA.33602	3330S20E	0001.0002	ROA	04-16-2019	1	

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EXHIBIT B