Narcoossee Community Development District

Agenda January 28, 2020

AGENDA

Narcoossee
Community Development District

January 21, 2020 Board of Supervisors
Narcoossee Community Development District

219 East Livingston Street, Orlando, FL 32801 Phone: 407-841-5524 – Fax: 407-839-1526

Dear Board Members:

The Board of Supervisors of the Narcoossee Community Development  District  will  meet  Tuesday, January 28, 2020 at 3:00 p.m. at the Offices of GMS-CF, LLC, 9145 Narcoossee Road, Suite A206, Orlando, Florida 32827. PLEASE NOTE THE LOCATION OF THE MEETING.
Following is the advance agenda for the meeting:

Roll Call
Public Comment Period
Approval of Minutes from the August 27, 2019 Meeting
Consideration of Resolution 2020-01 Setting a Public Hearing for Rulemaking
Consideration of Resolution 2020-02 Designating an Administrative Office
Ratification of Agreement with Berger, Toombs, Elam, Gaines & Frank to Provide Auditing Services for Fiscal Year 2019
Staff Reports
Attorney
Engineer
Update on Fence Project
District Manager’s Report
Approval of Check Register
Balance Sheet and Income Statement
Other Business
Supervisors Requests
Next Meeting Date – March 24, 2020
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.

The third order of business is the approval of the minutes from the August 27, 2019 Board of Supervisors meeting. The minutes are enclosed for your review.

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

The fifth order of business is consideration of Resolution 2020-02 designating an administrative office. A copy of the resolution is enclosed for your review.

The sixth order of business is ratification of agreement with Berger, Toombs, Elam, Gaines & Frank to provide auditing services for Fiscal Year 2019. A copy of the agreement is enclosed for your review.

Section B of the seventh order of business is the Engineer's Report. Section 1 is update on fence project. Section C is the District Manager's Report. Section 1 includes the check register being submitted for approval and Section 2 is the balance sheet and income statement for review.

The balance of the agenda will be discussed at the meeting. If you should have any questions, please contact me.

707

Sincerely,

Jason Showe District Manager

Cc:	Roy Van Wyk, District Counsel Rey Malave, District Engineer Darrin Mossing, GMS

MINUTES

MINUTES OF MEETING
NARCOSSEE COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Narcoossee Community Development District was held Tuesday, August 27, 2019 at 3:00 p.m. at the Orange County Public Library - Southeast Branch, 5575 South Semoran Boulevard, Orlando, Florida.

Present and constituting a quorum were:

Jeffrey Smyk Steve Giercyk James Gregoire Peter Wong Betsy Burgos

Chairman
Vice Chairman
Assistant Secretary by telephone Assistant Secretary by telephone Assistant Secretary

Also present were:

Jason Showe Roy Van Wyk Rey Malave Alan Scheerer

District Manager District Attorney District Engine.er Field Manager

FIRST ORDER OF BUSINESS	Roll Call
Mr. Showe called the meeting to order and called the roll.

SECOND ORDER OF BUSINESS	Public Comment Period
There being none, the next item followed.

TIDRD ORDER OF BUSINESS	Approval of the Minutes of June 25, 2019
Meeting

On MOTION by Ms. Burgos seconded by Mr. Giercyk with all in favor the minutes of the June 25, 2019 meeting were approved, as presented.

FOURTH ORDER OF BUSINESS	Public Hearing

August 27, 2019	Narcoossee CDD

On MOTION by Mr. Smyk seconded by Mr. Giercyk with all in favor the public hearing was opened.

Consideration of Resolution 2019-03 Adopting the Fiscal Year 2020  Budget and Relating to the Annual Appropriations
Mr. Showe stated the budget is pretty much the same as you saw in the proposed budget. We did send mailed notices out to G & H in accordance with Board direction to assess them for some of the operational expenses in La Vina. We did not hear from any of the landowners. We don't expect there to be any increases in landscaping or aquatic management service. Everyone else's assessment remains the same except for G & H they had a slight increase to accommodate the increase in maintenance.
Mr. Smyk stated I know as part of the calculation for the budget we have for G&H maintenance going up, but isn't their capital reserve fund quite hefty?
Mr. Showe stated it is not too bad. They are going from $80,000 to $66,000 based on the expenses we project for the fence project. We wanted their O&M to reflect  ongoing  maintenance, so we didn't have to raise them later. At this time I wanted to make sure  we captured the full cost of the admin and their ongoing maintenance.
Mr. Smyk stated if it starts to build up then we should probably do like we did before.
Mr. Showe stated we can do that.
Ms. Burgos stated on page 12, La Vina, the total projected is $142,583 but the proposed budget is $123,000.
Mr. Showe stated the $142,583 is what we projected to have as revenues at the end of 2019. We are projecting to spend $32,000 based on the fence project, which brings it down to
$109,000 and we are adding $13,000 extra.
Mr. Giercyk stated reclaimed water for La Vina is $8,160. How is that number being divided?
Mr. Scheerer stated I don't think there are any utilities divided up because your utilities
are basically Dowden Road.
Mr. Giercyk asked is Parcel G & H some portion of that reclaimed water?
Mr. Showe stated we took the total amount that was allocated for your maintenance and they are paying 20% of that portion.
We will note for the record that there are only Board Members and staff present.

August 27, 2019	Narcoossee CDD

On MOTION by Mr. Smyk seconded by Ms. Burgos with all in favor Resolution 2019-03 was approved.

Consideration of Resolution 2019-04 Imposing Special Assessments and Certifying an Assessment Roll.
Mr. Showe stated attached to the resolution will be the adopted budget and the assessment roll.
There are no members of the public present to provide comment.
Mr. Van Wyk stated you noted earlier that you provided notice to Parcels G & H. What we are finding in this resolution is that all the items listed in the budget are a benefit to all the properties located within the District and you are also making findings that the cost of those budgetary items are apportioned fairly and reasonably across the parcels located within the District.

On MOTION by Mr. Smyk seconded by Ms. Burgos with all in favor Resolution 2019-04 was approved.

On MOTION by Ms. Burgos seconded by Mr. Smyk with all in favor the public hearing was closed.

FIFTH ORDER OF BUSINESS	Consideration of Agreement for Landscape
Maintenance Services with SSS Down to Earth Opco, LLC
Mr. Showe stated the next item is a formal agreement with Down to Earth to continue their landscape services. There is no increase.
Mr. Scheerer stated they are not without challenges right now, but they are not the only ones, with all the wind and weather we are having everybody has been fighting the same thing.  It has been raining every day, they have been coming in on Saturday to mow.
Mr. Showe stated we did a bid about a year and a half ago and they were still the low bidder of all the bids we received.

On MOTION by Mr. Giercyk seconded by Mr. Smyk with all in favor the Agreement for Landscape Maintenance Services with SSS Down to Earth Opco, LLC was approved.

August 27, 2019	Narcoossee COD

SIXTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. Van Wyk stated there is a memorandum from us that outlines the statutory changes that were made this year and we are going to ask you to authorize us to commence rulemaking so that we adopt the new rules of procedure that reflect all those changes. That memo has been sent out and we will get a proposed resolution for the next Board meeting and hopefully, we will get those adopted before the end of the year.

Engineer
Mr. Malave stated we are working with the contractor to get him scheduled out here to start the fence work. He has signed the contract, they are ordering materials, but the rain hasn't helped with his schedule.
Mr. Giercyk asked how did we do on the discount?
Mr. Showe stated it went down but not as much as we had hoped. I think it went down to about $87,000.
Mr. Malave stated they need to provide us with the brick material so that someone can look at it and approve it.
Mr. Scheerer stated if it is close to what we have out there then it should be fine.
Mr. Giercyk stated we voted on a brick that was very close in color but not an exact
match.
Mr. Wong joined the meeting at this time by telephone.

On MOTION by Ms. Burgos seconded by Mr. Smyk with all in favor the check register was approved.

Balance Sheet and Income Statement
A copy of the balance sheet and income statement were included in the agenda package.

Presentation of Arbitrage Rebate Calculation Report

August 27, 2019	Narcoossee COD

Mr. Showe reviewed the rebate calculation report that is required by the trust indenture and stated there is no amount that needs to be on deposit so we are in compliance with all our bond provisions and we are not making more money than we are legally allowed to on tax­ exempt bonds.

Approval of Fiscal Year 2020 Meeting Schedule
Mr. Showe stated we have made a few changes to the schedule. GMS  has an office  inside the Narcoossee CDD now in the shopping center and there is a conference room so we can save the $25 per meeting that we pay to the library. We have rearranged the dates to mostly the fourth Monday of every month to accommodate the District Engineer and District Counsel who have meetings in the general area on that same day.
Mr. Smyk stated I can't make Mondays, but the Tuesdays work for me.

On MOTION by Mr. Smyk seconded by Mr. Giercyk with all in favor the Fiscal Year 2020 meeting schedule was approved reflecting the new meeting location and meetings on the following dates: November 19, 2019, January 28, 2020, March 24, 2020, May
19, 2020, July 28, 2020 and September 29, 2020.

SEVENTH ORDER OF BUSINESS	Other Business
There being none, the next item followed.

EIGHTH ORDER OF BUSINESS
There being none,

Supervisors Requests

On MOTION by Mr. Smyk seconded by Mr. Giercyk with all in favor the meeting adjourned at 3:22 p.m.

Secretary/Assistant Secretary	ChairmanNice Chairman

SECTION IV

RESOLUTION 2020-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE NARCOOSSEE 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, Narcoossee 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 the City of Orlando, Florida; and

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

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NARCOOSSEE COMMUNITY DEVELOPMENT DISTRICT:

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

Rules	of	Procedure	on

_ _ _

_   _   _	2020,	at	 	

.m.,	at

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

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

PASSED AND ADOPTED this 28th day of January, 2020.

ATTEST:		NARCOOSSEE COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Hopping Green & Sams
Attorneys and Counselors

MEMORANDUM

TO:

FROM: RE: DATE:

Narcoossee Community Development District Board of Supervisors

Roy Van Wyk

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

Please find attached to this memorandum an updated version of the Town of Kindred 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 RoyV@hgslaw.com, or via phone at 850-222-7500.

Costs Associated With Public Records Requests (Pages 8- 9)

Language was added to Rule 1.2(4) to reflect statutory language regarding calculation of special charges for responding to certain public records requests, and to state that the District  is  under no duty to produce requested records if the requestor has not paid the required costs or has outstanding charges. The language will help minimize expenses incurred by the District  in responding to public records requests.

Financial Disclosure Coordination (Page 9)

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

Agenda and Meeting Materials (Pae:e 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 Sou1h 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 Competitiv e 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 (Pages 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 1.10 ): This Rule has been amended to clarify requirements for Board members appointed or elected to elector seats. (Page 2).

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

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

Rules 1.3(1)(e). (l)(d), (l)(f); and 3.2(9): These Rules were amended to allow inclusion of language substantially similar to that recited in the Rules. (Pages 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 2.002)(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
--------------COMMUNITY  DEVELOPMENT  DISTRICT
TABLE OF CONTENTS

UI	Get1eR1l .. ..... ........... ............. ..... ......... ................ .. .. ......... .... .... ......... ..... ........... ......... ...	2
 	1.1	BoafEI of SUf!en•isoi'S; Offieei'S aaEI Votiag ..................................................	3
 	l.2	Distriet Offiees; PHhlie mfom1atioa IHIEI krnpeetioH ofReeoFEls; Polieies;
 	1.3	Puhlie Meeangs , Hearings, IHIEI 1.J.'orl,saops	IQ
HI	Relemaking PfBeeeaings	15
HI	C0Jnpe1ia•;e P1,1rehase	21
 	3.1	PreeeEllifB Under The Conseltants' Compeaa•;e Negotiation Aet	26
3.2	PreeeEllire Regaming A.-Haitor Seleeaoo	3G
 	3.3	Pereaase of lnsemnee	34
Constflleaon Goa tr-acts, Not Design BeilEI	39
Coastflleaoa ContFaets, Design "Beile	43
Pa,'ffleat ans Peffom10Hee "Bonas	48
Goods, Sepplies, OBa Materia:ls	49
}{eiRleReRee Ser.•iee:	53

 	3.11	

3.IG	CoRIF!lelual Ser.•iees .....................................................................................
Bffeeth•e Date	6G

EFFECTIVE AS OF _ _

_ _ _

_ _, 20  

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

TABLE OF CONTENTS
Rule 1.0 General.	3

Rule 1.1

Rule 1.2

Rule 1.3

Rule 1.4

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

Rule 2.0    Rulemaking Proceedings	17
Rule 3.0    Competitive Purchase	23

Rule 3.1

Rule 3.2

Rule 3.3

Rule 3.4

Rule 3.5

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.	28
Procedure Regarding Auditor Selection	32
Purchase of Insurance	37
Pre-qualification	39
Construction  Contracts, Not Design-Build	44
Construction Contracts, Design-Build	48
Payment and Performance Bonds	53
Goods, Supplies, and Materials	54
Maintenance Services	58
Contractual Services	62
Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5,
3.6, 3.8, and 3.9	64

Rule 4.0 Effective Date	67

Formatted: Heading 1, Left, Line spacing: 1.5 lines, Tab
stops: Not at 0.5'' + 1" + 6" + 6.5"

Formatted: Centered, Position: Hortzontal: Left, Relative to:

Rule  1.0	General.

(I)

The_ _ _

_ _ _

_ _ _

_  _	Community Development District (the

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

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

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

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

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

Formatted: Heading 2, Left, Tab stops: Not at -0.75"+
•0.5" + O" + 0.5' + !" + 1.5" + 2" + 2.5" + 2.75" + 3"
+ 3.5" + 4.06" + 4.5" + 5• + 5.5" + 6.06" + 6.5"

Formatted: Centered, Position: Horizontal: Left, Relative to:

Rule I.I

(I)

Board of Supervisors; Officers and Voting.

Board of Supervisors. The Board of Supervisors of the District (the "Board") shall consist of five (5) members. Members of the Board ("Supervisors") appointed by ordinance or rule or elected by landowners must be citizens of the United States of America and residents of the State of Florida. Supervisors elected or appointed by Fesideftt eleeteFsthe 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;-fiB(l 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 tenn(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	Formatted: Centered, Position: Horizontal: Left, Relative to:

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 oflnterest. 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-Jaw, 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 be 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.

Formatted: Heading 2, Left, Indent: Left: O", First line: O", Tab stops: Not at  •0.75"+  -0.5" + O" + 0.5'' + 1" + 1.5"
+  2" + 2.5" +  2.75" + 3" + 3.5" +  4.06" +  4.5" +  5" +
5.5" + 6.06" + 6.5"

Specific Authority: §§ 190.011(5), 190.0ll(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;

(t)	Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

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

District policies and rules;
G)	Fiscal year end audits; and
(k)	Adopted budget for the current fiscal year.

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

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other materia l, 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	Formatted: centered, Position: Honzontal: Left, Relative ID:
◄/	Column, Vertical: In hne, Relative ID: Margin, Width: Autn

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 resourcesor 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 individualJil 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 1he 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 tee-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 dutv to produ ce	Formatted: Centered, Position: Horizontal: Left, Relative to:

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

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-1.75", Left:+   -1.5", Left:+  ·1",  Left:+   1.75", Left:+  3.06",
Left:+  4", Left:+   5.06", Left:+  Not at   -0.75" +   2.75" + 3"
+ 4.06" + 5" + 6.06" + 6.5"

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  Fiorida Commission on Ethics ("C ommission" ). 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 chan l!es 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)J•• 119.07, 119.0701, 190.006, la.Stat.	 	
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·0.5" + O" + 0.5'' + 1" + 1.5" + 2" + 2.5" + 2.75" + 3"
+ 3.5" + 4.06" + 4.5" + 5" + 5.5" + 6.06" + 6.5"

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Rule 1.3

(1)

Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. "General circulation" means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. The annual meeting notice required to be published by Section
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 L_)
 		.If  you  are hearing or speech  impaired,  please contact
the Florida Relay Service at I (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."

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

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

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare a aetiee SH8 an agenda of the meeting/hearing/workshop. The aetiee !lfl8 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 se•reaty twe (72) ftffilfSseven 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 corivert 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

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Minutes. The Secretary shall be responsible for preparing and keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. The Secretary may work with  other  staff members in preparing draft minutes for the Board's consideration.

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

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

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

(I 0)  Particination  b   TeleconferenceNideoconference.   District  staff  may participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.

Board Authorization. The District has not adopted Robert's Rules of Order. For each agenda item, there shalJ be discussion permitted among the Board members during the meeting. Unless such procedureis waived by the Board, Al!J)proval or disapproval of resolutions and other proposed Board actions shalJ be in the form of a motion by one Board member, a second by another Board member, and an affinnative 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.

Attorne, -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 ettemeysattorney 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	Formatted: Centered, Position: Horizontal: Left, Relative to:

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

( 14 )   Security and Firesafery 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){al. Florida  Statutes.  are  exempt from the public meetinl! requirements an.d 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 meetin!!. room during such discussion. Any records of the Board's discussion of such matters, including recordings or minut es, 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:  §§ 189.069/2J(all6. 190.006, 190.007, 190.008, 286.0105, 286.011, 2. 86.0113, 286.0114, Fla. Stat.

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Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse

m	Internal Controls. The District shall establish and maintain internal controls designed to:

(a )

!bl
<cl

Prevent and detect "fraud," "waste" and "abuse" as those terms are defined in section 11.45(l l. Florida Statutes: and
Promote and encourage compliance with applicable laws, rules contracts. grant airreements. and best practices; and
Support economical and efficient operations: and

{d}	Ensure reliabilily of financial records and reports: and
(e)	Safeguard assets.

Ado ption. The internal controls to prevent fraud, waste and abuse shall be adopted and amended b the District in the same manner as District policies.

Spe<:ific Authori ty: §§ 190.011(5). 190.011(15), Fla. Stat. Law Im plemented: § 218 .33(31. Fla. Stat.

Formatted: Font: 12 pt
Formatted: Heading 1, Left, Tab stops: Not at O" + 0.5'' +
111  + 1.511  +  211  +  2.5" +  311  + 3.511  + 411  +  4 . 5"  +  5" +
5.5" + 6" + 6.5'

---
-

16	.I

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Rule2.0

(l)

(2)

Rulemaking Proceedings.

Commencement of Proceedines. 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 I 20.54(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

I

include  a statement  that  any affected  person  may  request  a public hearing	Formatted: centered, Position: Horizontal: Left, Relative to:
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'----'--------'---------"-'---J

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.  l'fotiee  will  the11 he mailed ta all fll!FSaes wham, et least femteee (14) days prier ta SHeh maili11g, ha ·e made Fe(ll:lests af the Distriet fer 11d•;a11ee 11atiee af its praeeedillgs.

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 .!!,_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.

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Rulemakin g 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 describe_d 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.	Formatted: Centered, Position: Horizontal: Left, Relative to:

(I 0)		Rulemaking Record. In all rulemaking proceedings, the District  shall  compile and maintain a rulemaking record. The record shall include, if applicable:

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

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

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

(t)	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 IO 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	Formatted: Centered, Position: Horizontal: Left, Relative to:

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

Administer oaths and affmnations;

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.

(t) 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 Chafl!.es . 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: §§ 190.0ll(S), 190.011(15), 190.035, F1a, Stat. Law Implemented: §§ 190.0ll(S), 190.035(2), Fla. Stat,

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Rule3.0

(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 ooetwo million dollars ($+2_,000,000), for a study activity when the fee for such Professional  Services  to the  District  does  not exceed  o	hundred thousand dollars ($ 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 Jot , 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.

(t)     "Design  Criteria Package" means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit Design-Build Firms to prepare a bid or a response to the District's Request for Proposals, or to permit the District to enter into a negotiated Design­ Build Contract. The Design Criteria Package must specify performance­ based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and past work of the firms, including the partners and members thereof.

"Design Criteria Professional" means a firm who holds a  current certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 471 of the Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect  services, landscape architect services, or engineering services in connection with  the preparation of the Design Criteria Package.

"Emergency Purchase" means a purchase necessitated by a sudden unexpected turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of
the Board  in the normal  conduct  of its business),  where  the Board finds	Formatted: Centered, Position: Horizontal: Left, Relative to :
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that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

	"Invitation to Bid" is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and defining the commodity or service involved. It includes printed instructions prescribing conditions for bidding, qualification, evaluation criteria, and provides for a manual signature of an authorized representative. It may include one or more bid alternates.

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

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

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

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

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

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

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

"Purchase" means acquisition by sale, rent, lease, lease/purchase, or installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State of
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"Request for Proposals" or "RFP" is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, qualifications, proposal instructions, work detail analysis, and evaluation criteria as necessary.

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

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"Responsive Bid," "Responsive Proposal," ''Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these Rules, and the cost components of which, if any, are apprc,priately 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.

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Rule 3.1

( l)

(2)

Procedure Under +hethe Consultants' Competitive Negotiations Act.

Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, ''Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
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 feaeral lieenses in geea stl¼lldieg, if a-ny;

(a)

Cb}
(c)

(d)

Weld all required applieable state professional licenses in good standing; Hold all required applicable federal licenses in Qo od 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. Coese-ltants vAie JlfB¥ide their
naFHe and  &ddfess  to  the Distriet  Manager  fof  inelasion  en  the  list shall reeei·,e	Formatted: Centered, Position : Horizontal: Left, Relative to:

aetises ey mail.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 anv 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	Formatted: Centered, Position: Horizontal: Left, Relative to:

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

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

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

Emere.ency 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.

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Rule3.2	Procedure Regarding Auditor Selection.

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

Definitions.

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

"Committee" means the fttfflHlluditor 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 !Mfffftauditor 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 Sftellfflshall include at least three individuals, some or allat least one of whoR! maywhich must also sef'.·e as H1effihersbc 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 Chaimerson of the Committee  must be a member of the Board. An employee, a chief executive officer, or a chief financial officer of the District mav not serve as a member of the Committee; provided however such individual may serve the Committee in an  adviso capacity.

Establishment of Minimum Qualifications and Evaluation Crite ria. 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:	Formatted: Centered, Position: Horizontal: Left, Relative to:

Hold all required applicable fedemlstate professional licenses in good standing,-#-aey;

Hold all required applicable ste.4e J!Fefessia1u1lfederal licenses in good standin&.if.filly;

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;

URElel'!ltllflEliag af seeJle ef werl.;

tt¥}	Ability to furnish the required services; and

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

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

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

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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 Proposa ls 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 fimr._Q! document in its public records the reason for not selecting the highest­ ranked qualified firm.

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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
.I

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

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

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Rule 3.3

(1)

(2)

Purchase oflnsurance.

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. Persens Vi'he J'lf8';ide their name afld address te the Disefot Manager fer ine!Hsiea ea the list saall reeei,•e netiees ay mail.The
District shall make reasonable efforts to provide copies of anv notices to such persons. but the failure to do so shall not give such consultants any bid protest or other ril!,hts 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 (l) 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	Fannatted: Centered, Position: Horizontal: Left, Relative to:
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offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.

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: §§ 190.0Jl (S),190.011(15), Fla . Stat . Law Implemented: § 112.08, Fla. Stat.

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Rule 3.4

(1)

(2)

Pre-qualification

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

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

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

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

The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall allow at least seven (7) days for submittal of qualifications for goods, supplies and materials, Contractual Services, maintenance services, and construction services under two hundred fifty thousand dollars ($250,000). The notice shall allow at least twenty-one (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

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

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

Hold theall required applicable state professional licenses in good standing;

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

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

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

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

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

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

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of
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W	(j)	Notice of intent to pre-qualify, including rejection of some or all• - qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail, hand delivery, facsimile, or  overnight  delivery  service.  The notice shall include the following statement: "Failure to file a protest within the time prescribed  in Rule 3.11 of the Rules of the District shall constitute  a waiver  of proceedings under those Rules," or wording to that effect. Protests of the District's pre-qualification decisions under this Rule shall  be in accordance  with the procedures set forth in Rule 3.11; provided however, protests related to the pre-qualification criteria and procedures for  construction  services  shall  be resolved in accordance  with section  (2)(b) of this Rule and Section  255.20(1)(b) of the Florida Statutes.

Suspension, Revocation. or Denial of Qualification
The District, for g.ood cause, mav 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 an District construction contract for which qualification is required. shall constitute a determination of non-responsib ility to bid on anv 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 followin2:

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

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

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.

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

The vendor's qualification to bid is suspended, revoked, or denied by an 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.

The vendor failed to comply with contract or warranty requirements or

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v11. The vendor failed  to timely furnish all contract documents  required  by the contract speci fications. special  provisions.  or  by  an v  state  or federal statutes or regulations. If the vendor fails to furnish anv of the subject   contract   documents   by   the   expiration   of   the   period   of suspension, revoca tion, or denial set forth above, the vendor's  pre­ qualified status shall remain suspended. revoked, or denied until the documents are furnished.

v111. 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 quali fication to bid by any other public or semi-public agency.

1x. The vendor did not pa its subcontractors or  suppliers  in  a  timelv manner or in compliance with contract documents.

The vendor has demonstrated instances of poor or unsatis factory performance, deficient manal!ement resulting in pro ject delay. poor qualit,v workmanshi p. a histo ry of payment of liquidated damages. untimely   com pletion    of   projec  ts.   uncooperative   attitude,   contract litigation, inflated claims or defaults.

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

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

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

2. The term "convicted" or "conviction" means a finding of guilt or a  conviction  of  a  contract  crime.  with  or  without  an  ad judica tion of guilt. in any federal or state trial court of record as a result of a jurv verdict. non jury trial, or entrv of a plea of guilty or nolo contendere.
(bl A denial. suspension. or revocation shall prohibit the vendor from being a subcontractor on District work during the period of denial. suspension . or revocation, except when a prime contractor's bid has used prices of a subcontractor who becomes disqualified after the bid. but before the request  for authorization to sublet is presented.
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{c) The District shall inform the vendor in writing of its intent to denv. sus pend. or revoke  its  pre-qualified  status  and  inform  the  vendor  of  its  right  to  a h earing, the procedure which must be followed. and the applicable time limits. Ifa hearin 2 is requested within 10 days after the receipt of the notice of intent. the hearing shall be held within 30 da ys after receipt bv the District of the request for the hearing. The decision shall be issued within 15 days after the hearing .

Such sus pension or revocation shall not affect the vendor's obligations under any preexist ing contract.

(el 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 deficiencv.

Exam ples of factors affecting the seriousness of a deficiency are:

Impacts on projec t schedule, cost. or quality of work:

Unsafe conditions allowed to exist:

Complaints from the public ;

Delav or interference with the bidding process:

The potential for repetition:

Inte izri1y of the public contracting process;

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

Specific Authority: §§ 190.0ll(S), 190.011(1S), Fla. Stat. Law Implemented: §§ 190.033, 255.052S, 255.20, Fla. Stat.

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  ule3.5	Construction Contracts, Not Design-Build.	.---{ Formatted: Heading 2 Char, Font: 10 pt, Not Bold

Scope. All contracts for the construction or improvement of any building, structure, or other public construction works authorized by Chapter 190 of the Florida Statutes, the costs of which are estimated by the District in accordance with generally accepted cost accounting principles to be in excess of the threshold amount for applicability of Section 255.20 of the Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and the procedures of Section 255.20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirement.s

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. Jf 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
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44

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

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

Hold theall required applicable state professional licenses in good standing;

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

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

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

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects  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.

(t)

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

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

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

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

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

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If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take wliate•,•ef steps reaseaably aeeesSflf)' i:ii effleF te proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District. which steps-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.

Emer l!ency 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 eeatFaetefcontract; or

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

I

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.

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Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§119.0701, 189.053, 190.033, 2S5.0518, 255.0525, 255.20, 287.055, Fla. StaL	 	

Rule 3.6	Construction Contracts, Design-Build.

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

Procedure.

The District shall utilize a Design Criteria Professional meeting the requirements of Section 287.055(2)(k) of the Florida Statutes, when developing a Design Criteria Package, evaluating the proposals and qualifications submitted by Design-Build Firms, and determining compliance of the project construction with the Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be the District Engineer selected by the District pursuant to Section
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.I. 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.

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Qualifications-Based Selection. If the process set forth in Rule 3.I is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.

Competitive Proposal-Based Selection. If the competitive proposal selection process is utilized, the Board, in consultation with the Design Criteria Professional, shall establish the criteria, standards and procedures for the evaluation of Design-Build Proposals based on price, technical, and design aspects of the project, weighted for the project. After a Design Criteria Package and the standards and
procedures   for  evaluation   of   proposals   have   been developed,	 	
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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 Jaws regarding subjects Slief½-tiS-including but not limited to reemployment
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unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

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

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

The Board shall have the right to reject all proposals i 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) prepeselsResponsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no pfopos elsResponsive Proposals are received, the District may take wlaate•,'tlf s eps Feasellaely lleeessacy ill erEl!!F ffi proceed with the procurement of design-build services in the manner the Board determines is in the best interests of the District. which steps-may include but is not limited to a direct purchase of the design-build services without further competitive selection processes.

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Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand
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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 detennines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the finn considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that finn must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. F&iliftg aeeereShould the Board be unable to negotiate a satisfactory contract with the- firm considered to be the second most qualified Hffll, tke Boars at a price considered by  the   Board   to   be  fair.   competitive.   and  reasonable. negotiations with that firm must tefflliaate aegotiatio RS. 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 b\ the Board to be fair. competitive, and reasonable. nel!.otiations 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.

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51

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

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

Exce ptions. This Rule is inapplicable when:

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

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

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

The District, after public notice, conducts a public meeting under Section
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.MOI, 189.053, 190,033,255.0518, 255.0525, 255.20, 28, 7 055, Fla. Stat.

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Rule3.7

(1)

(2)

Payment and Performance Bonds.

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

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

(3)   Discre  tionary Bond.  At the discretion of the Board, upon entering into a contract for any of the services described in section (I) 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. LawImplemented: § 255.05, Fla. Stat

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Rule 3.8

(I)

(2)

Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, shall be purchased  under the 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 bas pre-qualified suppliers of goods, supplies, and materials, then, at the option of the District, only those persons who have been pre­ qualified will be eligible to submit bids, proposals, replies, or responses.

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

Hold theall required applicable state professional licenses in good standing;

Hold  all required  applicable  federal  licenses in good standing, if any;	Formatted: Centered, Position: Horizontal: Left, Relative to:

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 Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which does not grant a preference in competitive purchase to
businesses  whose  principal  place  of  business  are  in  that  foreign state, the	Formatted: Centered, Position: Horizontal: Left, Relative tD:

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) eias, pfoposals, repliesResponsive Bids. Proposals. Replies, or respoasesResponses 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 tak:e whate\•er st8f3s reaseaaely aesessaey ia order to proceed with the procurement of goods,
supplies,  and materials,  in the manner the Board determines is in the best	Formatted: Centered, Position : Horizontal: Left, Relative to:

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

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

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a peried that may Het eileeed tbfee (3) ye!H'S er the te!ffl ef the erigiael eeHtoraet, vrHiehe·,•er peried is leHgera 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.

Specilic Authority: §§ 190.011(5), 190.011(15), Fla. Stat,
Law Implemented: §§ 189.053, 190.033, 287.017, 287.084, Fla. Stat.

Formatted: Heading 2, Tab stops: Not at O" + 0.5" + 1" +
1.5" + 2' + 2.5" +  3" + 3.5" + 4" +  4.5" + 5" +   5.5" +
6" + 6.5..

Formatted: Centered, Position: Horlzontai: Left:, Relative to:

RuJe 3.9	Maintenance Services.

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

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

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

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

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

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

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

Hold theall required applicable state professional licenses in good standing;

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

58	.I

Formatted: Cen , Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to; Margin, Width: Auto

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 Jaw.

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.

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

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received,  the  District  may  *al,e  wha.1:ever. s*eps  reas011ably 110eessllf)'  i11 enler *e proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District. which stefts-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 peried tha.1: may 110* e1teeed three (3) ye11rs er the *effil of the origillal e011treet, whiehever peried is l011ger. a maximum period of five (51 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.

Emeruency 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.

Column, Vertical: In line, Relative to: Margin, Width: Auto

Specific Authority:  §§ 190.011(5), 190.011(15), 190.033, Fla. Stat.	Formatted: Centered, Position: Horizontal: Left, Relative to:

Law Implemented: §§ 119,0701, 190.033, 287.017, Fla. Slat.

Formatted: Heading 2, Left, Tab stops: Not at O" + 0.5" +
l 11  +   1.5" +  211  +  2.511  +  3" +  3.5" +  4" +   4S' +  S" +
5.5" + 6 ' + 6.5"

Formatted: Centered, Position: Hortzontal: Left, Relative to:
Column, Vertical: In line, Relative to : Margin, Width: Auto

Rule3.10

(2)

Contractual Services.

Exem ption 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,

Formatted: Centered, Position: Horizontal: Left, RelatiVe to: Column, Vertica:l In line, Relative to: Margin, Width: Auto

 			PFetests Wi Respeet Te PreeeediBgs uBder Rules 3.11 3.2, 3.3,   	           3.4, 3.6, 3.6, 3.8, &Rd 3.9 - - - - - 

Fonnatted: Font: 10 pt. Not Bold
Formatted: Font: 9 pt, Bold

Fonnatted: Centered, Position: Horizontal: Left, Relative to:
Column, Vertical: In line, Relative to: Margin, Width: Auto

Rule 3.11	Protests
---with Respect to Proceedin gs 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,• --{	.._F_or_ma_tt_ec1:_1_nd_ent_: L_ett:_ o•_ _ _
, and 3.9 shall be in accordance with this Rule.

Filing.

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

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

_ _ _ _

_ -...J

(e)       If	(cl	If the requirement for the posting of a protest bond and the amount of the protest bond, which may be expressed by a percenta ge 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, 1'6-e lfo8fa fflll)' requiffl

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Column, Vertica:l In line, Relative to: Margin, Width: Auto

any person who files a notice of protest must post &the protest bond--m the. The amount e11uel to I% of the afttieipetea eoatmet Elff!ouflt that is tile f	the protest bond shall be determined by District staff after consultation with the Board and within the limits, if any, im posed by Florida law.  In the event  the protest is successful,  the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.

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

Contract Execution. Upon receipt of a notice of protest which has been timely filed, the District shall not execute the contract under protest until the subject of the protest is resolved. However, if the District sets forth in writing  particular facts and circumstances showing that delay incident to protest proceedings will jeopardize the funding for the project, will materiaJly 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.

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

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

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

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

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.

Re jection of all Qualifications. Bids, Prooosals, 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 Respons es are too hil!h, or if the Board  determines  it is _.  {_   "'"_m_ at_te_d: _te_xt          _
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.

_ _ _ _ _

_ _ _ ,

F atted: Heading 1, Tab stops: Nol at O" + 0.5" + 1" +

'

1.511 + 2" + 2.5 11 + 3.2 511 + 3. 511 + 411 + 4. 511 + 51 +
5.5" + 6"

Rule 4.0	Effective Date.

These Rules shall be effective _ _ _ _  _  , W-1-8--,lL  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 V

RESOLUTION 2020-02

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE NARCOOSSEE        COMMUNITY        DEVELOPMENT	DISTRICT DESIGNATING THE PRIMARY ADMINISTRATIVE OFFICE AND PRINCIPAL HEADQUARTERS OF THE DISTRICT AND PROVIDING AN EFFECTIVE DATE.

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

WHEREAS, the District desires to designate its primary administrative office as the location where the District's public records are routinely created, sent, received, maintained, and requested, for the purposes of prominently posting the contact information of the District's Record's Custodian in order to provide citizens with the ability to access the District's records and ensure that the public is informed of the activities of the District in accordance with Chapter 119, Florida Statutes; and

WHEREAS, the District additionally desires to specify the location of the District's principal headquarters for the purpose of establishing proper venue under the common law home venue privilege applicable to the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE NARCOOSSEE COMMUNITY DEVELOPMENT DISTRICT:

SECTION 1. The District's primary administrative office for purposes of  Chapter  119, Florida Statutes, shall be located at Governmental Management Services - Central Florida, LLC, 219 East Livingston Street, Orlando, Florida 32801.

SECTION 2. The District's principal headquarters  for  purposes  of  establishing  proper  venue shall be located at the Offices of GMS-CF, LLC, 9145 Narcoossee Road, Suite A206, Orlando, Florida 32827.

SECTION 3.	This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED this 28th day of January, 2020.

ATTEST:	NARCOOSSEE COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

SECTION VI

ti Berger, Toombs, Elam,
,	O,,	Gaines & Frank
Certified Public Accountants  PL
600 Citrus Avenue
Suite 200
Fort Pierce, Florida 34950

772/461-6120 // 461-1155
FAX: 772/468-9278

September 17, 2019

Narcoossee Community Development District Governmental Management·Services
135 W. Central Blvd., Suite 320
Orlando, FL 32801

The Objective and Scope of the Audit of the Financial Statements

You have requested that we audit the financial statements of Narcoossee Community Development District, which comprise governmental activities and each major fund for the General Fund as of and for the year ended September 30, 2019 which collectively comprise the basic financial statements. We are pleased to confirm our acceptance and our understanding of this audit engagement by means of this letter for the year ending September 30, 2019.

Our audit will be conducted with the objective of our expressing an opinion on the financial statements.

The Responsibilities of the Auditor

We will conduct the audit in accordance with auditing standards generally accepted in the United States of America and "Government Auditing Standards" issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements.

Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly planned and performed in accordance with generally accepted auditing standards. Also, an audit is not designed to detect errors or fraud that are immaterial to the financial statements.

Member AICPA

Fort Pierce / Stuart

Member AICPA Division for CPA Firms Private Compan ies practice Section

Member FICPA

&	Berger, Toombs, Elam,
C-oJ Gaines & Frank

Narcoossee Community Development District September 17, 2019
Page 2

In making our risk assessments, we consider internal control relevant to Narcoossee Community Development District's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in internal control relevant to the audit of the financial statements that we have identified during the audit.

We will also communicate to the Board any fraud involving senior management and fraud that causes a material misstatement of the financial statements that becomes known to us during the audit, and any instances of noncompliance with laws and regulations that we become aware of during the audit.

The funds that you have told us are maintained by Narcoossee Community Development District and that are to be included as part of our audit are listed below:

General Fund
Debt Service Fund
Capital Projects Fund

tftl Berger, Toombs, Elam,
'OJ	Gaines & Frank
Certifiedf'llblicAa:martants PL

Narcoossee Community Development District September 17, 2019
Page 3

The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework

Our audit will be conducted on the basis that management acknowledges and understands that it has responsibility:
For the preparation and fair presentation of the financial statements in accordance with accounting principles generally accepted in the United States of America;
To evaluate subsequent events through the date the financial statements are issued or available to be issued, and to disclose the date through which subsequent events were evaluated in the financial statements. Management also agrees that it will not evaluate subsequent events earlier than the date of the management representation letter referred to below;
For the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error; and
To provide us with:
Access to all information of which management is aware that is relevant to the preparation and fair presentation of the financial statements such as records, documentation and other matters;
Additional information that we may request from management for the purpose of the audit; and
Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit evidence.

As part of our audit process, we will request from management written confirmation concerning representations made to us in connection with the audit including among other items:

That management has fulfilled its responsibilities as set out in the terms of this letter; and;
That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole.

tKl Berger, Toombs, Elam,
'-0' Gaines & Frank

Narcoossee Community Development District September 17, 2019
Page4

Management is responsible for identifying and ensuring that Narcoossee Community Development District complies with the laws and regulations applicable to its activities, and for informing us about all known material violations of such laws or regulations. In addition, management is responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the entity involving management, employees who have significant roles in internal control, and others where the fraud could have a material effect on the financial statements. Management is also responsible for informing us of its knowledge of any allegations of fraud or suspected fraud affecting the entity received in communications from employees, former employees, analysts, regulators, or others.

The Board is responsible for informing us of its views about the risks of fraud within the entity, and its knowledge of any fraud or suspected fraud affecting the entity.

Narcoossee Community Development District agrees that it will not associate us with any public or private securities offering without first obtaining our consent. Therefore, Narcoossee Community Development District agrees to contact us before it includes our reports or otherwise makes reference to us, in any public or private securities offering.

Because Berger, Toombs, Elam, Gaines & Frank will rely on Narcoossee Community Development District and its management and Board of Supervisors to discharge the foregoing responsibilities, Narcoossee Community Development District holds harmless and releases Berger, Toombs, Elam, Gaines & Frank, its partners, and employees from all claims, liabilities, losses and costs arising in circumstances where there has been a known misrepresentation by a member of Narcoossee Community Development District's management, which has caused, in any respect, Berger, Toombs, Elam, Gaines & Frank's breach of contract or negligence. This provision shall survive the termination of this arrangement for services.

Records and Assistance

If circumstances arise relating to the condition of the Narcoossee Community Development District's records, the availability of appropriate audit evidence, or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent financial reporting, or misappropriation of assets, which in our professional judgment, prevent us from completing the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional standards, including declining to express an opinion, issuing a report, or withdrawing from the engagement.

During the course of our engagement, we may accumulate records containing data that should be reflected in the Narcoossee Community Development District books and records. The District will determine that all such data, if necessary, will be so reflected. Accordingly, the District will not expect us to maintain copies of such records in our possession.

2tl Berger, Toombs, Elam,
'O'	Gaines & Frank

Narcoossee Community Development District September 17, 2019
Page 5

The assistance to be supplied, including the preparation of schedules and analyses of accounts, has been discussed and coordinated with Teresa Viscarra. The timely and accurate completion of this work is an essential condition to our completion of the audit and issuance of our audit report.

Other Relevant Information

In accordance with Government Auditing Standards, a copy of our most recent peer review report has been provided to you, for your information.

Either party may unilaterally terminate this agreement, with or without cause, upon sixty (60) days written notice subject to the condition that the District will pay all invoices for services rendered prior to the date of termination.

Fees, Costs and Access to Workpapers

Our fees for the services described above are based upon the value of the services performed and the time required by the individuals assigned to the engagement, plus direct expenses. Invoices for fees will be submitted in sufficient detail to demonstrate compliance with the terms of this engagement. Billings are due upon submission. Our fee for the services described in this letter for the year ending September 30, 2019 will not exceed $3,000 for each year unless the scope of the engagement is changed, the assistance which Narcoossee Community Development District has agreed to furnish is not provided, or unexpected conditions are encountered, in which case we will discuss the situation with you before proceeding. All other provisions of this letter will survive any fee adjustment.

In the event we are requested or authorized by Narcoossee Community Development District or are required by government regulation, subpoena, or other legal process to produce our documents or our personnel as witnesses with respect to our engagement for Narcoossee Community Development District, Narcoossee Community Development District will, so long as we are not a party to the proceeding in which the information is sought, reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in responding to such requests.

The audit documentation for this engagement is the property of Berger, Toombs, Elam, Gaines, & Frank and constitutes confidential information. However, you acknowledge and grant your assent that representatives of the cognizant or oversight agency or their designee, other government audit staffs, and the U.S. Government Accountability Office shall have access to the audit documentation upon their request and that we shall maintain the audit documentation for a period of at least three years after the date of the report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested documentation will be provided under the supervision of Berger, Toombs, Elam, Gaines, & Frank audit personnel and at a location designated by our Firm.

®	Berger, Toombs, Elam,
'QI	Gaines & Frank
Certifiedl'Ublk:Accountants PL

Narcoossee Community Development District September 17, 2019
Page 6

Information Security- Miscellaneous Terms

Berger, Toombs, Elam, Gaines & Frank is committed to the safe and confidential treatment of Narcoossee Community Development District's proprietary information. Berger, Toombs, Elam, Gaines & Frank is required to maintain the confidential treatment of client information in accordance with relevant industry professional standards which govern the provision of services described herein. Narcoossee Community Development District agrees that it will not provide Berger, Toombs, Elam, Gaines & Frank with any unencrypted electronic confidential or proprietary information , and the parties agree to utilize commercially reasonable measures to maintain the confidentiality of Narcoossee Community Development District's information, including the use of collaborate sites to ensure the safe transfer of data between the parties.

If any term or provision of this arrangement letter is determined to be invalid or unenforceable, such term or provision will be deemed stricken and all other terms and provisions will remain in full force and effect.

Reporting

We will issue a written report upon completion of our audit of Narcoossee Community Development District's financial statements. Our report will be addressed to the Board of Narcoossee Community Development District. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement.

In addition to our report on Narcoossee Community Development District's financial statements, we will also issue the following types of reports:

Reports on internal control and compliance with laws, regulations, and the provisions of contracts or grant agreements. We will report on any internal control findings and/or noncompliance which could have a material effect on the financial statements;
Management letter required by the Auditor General, State of Florida; and
Attestation reports required by the Auditor General, State of Florida.

This letter constitutes the complete and exclusive statement of agreement between Berger, Toombs, Elam, Gaines, & Frank and Narcoossee Community Development District, superseding all proposals, oral or written, and all other communications, with respect to the terms of the engagement between the parties.

&	Berger, Toombs, Elam, Gaines & Frank
Certified Pllblk:/4ttri.Jnbnt1 PL

Narcoossee Community Development District September 17, 2019
Page 7

Please sign and return the attached copy of this letter to indicate your acknowledgment of, and agreement with, the arrangements for our audit of the financial statements including our respective responsibilities.

Sincerely,
2J1UJJ1v Jotmkxv ('jtJ;?,v
BERGq	,;   LA	& FRANK
J. W. Gaines, CPA

Confirmed on behalf of the addressee:

Judson  B. Baggett
MBA, CPA, CVA, Partner
Marci Reutimann
CPA, Partner

System Review Report

11 6815 Dairy Road
Zephyrhills, FL 33542
"')   (813) 788-2155
A   (813) 782-8606

To the Directors	November 2, 2016
Berger, Toombs, Elam, Gaines & Frank , CPAs PL
and the Peer Review Committee of the Florida Institute of Certified Public Accountants

We have reviewed the system of quality control for the accounting and auditing practice of Berger, Toombs, Elam, Gaines & Frank, CPAs PL (the firm), in effect for the year ended May 31, 2016. Our peer review was conducted in accordance with the Standards for Performing and Reporting on Peer Reviews established by the Peer Review Board of the American Institute of Certified Public Accountants. As a part of our peer review, we considered reviews by regulatory entities, if applicable, in determining the nature and extent of our procedures. The firm is responsible for designing a system of quality control and complying with it to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Our responsibility is to express an opinion on the design of the system of quality control, and the firm's compliance therewith based on our review. The nature, objectives, scope, limitations of, and the procedures performed in a System Review are described in the standards at www.aicpa.org/prsummary.

As required by the standards, engagements selected for review included engagements performed under Government Auditing Standards and audits of employee benefit plans.

In our opinion, the system of quality control for the accounting and auditing practice of Berger, Toombs, Elam, Gaines & Frank, CPAs PL in effect for the year ended May 31, 2016 has been suitably designed and complied with to provide the firm with reasonable assurance of performing and reporting in conformity with applicable professional standards in all material respects. Firms can receive a rating of pass, pass with deficiency(ies) , or fail. Berger , Toombs, Elam , Gaines & Frank, CPAs PL, has received a peer review rating of pass.

L P--.x=-.. ­
s a9 . R utimann & Associates, CPAs, PA

(BERGER_REPORT16)

lll,:,mh9r /;rr1 ric,:,n Institute of CNtif,cd PL•blJC Auount,:,11!:, (/.,ICPA) r111cl Flr,mlo lrnht11te of Cert1f1'c'd P!1f.l,r Accr::,untrint (f IC Pf,)
lfot1cmol 1-\:;,vciohon ,,f C Nl1fi,:,d Vol1_1c,l1011 /,n,Jly I:; (I !/\CV/\)

ADDENDUM TO ENGAGEMENT LETTER BETWEEN BERGER, TOOMBS, ELAM, GAINES AND FRANK AND NARCOOSSEE COMMUNITY DEVELOPMENT DISTRICT
(DATED SEPTEMBER 17, 2019)

Public Records. Auditor shall, pursuant to and in accordance with Section 119.0701, Florida Statutes, comply with the public records laws of the State of Florida, and specifically shall:

Keep and maintain public records required by the District to perform the services or work set forth in this Agreement; and

Upon the request of the District's custodian of public records, provide the District with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; and

Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the Agreement if the Auditor does not transfer the records to the District; and

Upon completion of the Agreement, transfer, at no cost to the District, all public records in possession of the Auditor or keep and maintain public records required by the District to perform the service or work provided for in this Agreement. If the Auditor transfers all public records to the District upon completion of the Agreement, the Auditor shall destroy any duplicate public records that are exempt or confidential and exempt from public disclosure requirements. If the Auditor keeps and maintains public records upon completion of the Agreement, the Auditor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the District, upon request from the District's custodian of public records, in a format that is compatible with the information technology systems of the District.

Auditor acknowledges that any requests to inspect or copy public records relating to this Agreement must be made directly to the District pursuant to Section 119.0701(3), Florida Statutes. If notified by the District of a public records request for records not in the possession of the District but in possession of the Auditor, the Auditor shall provide such records to the District or allow the records to be inspected or copied within a reasonable time. Auditor acknowledges that should Auditor fail to provide the public records to the District within a reasonable time, Auditor may be subject to penalties pursuant to Section 119.10, Florida Statutes.

IF THE AUDITOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AUDITOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT/CONTRACT, THE AUDITOR MAY CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR THE DISTRICT AT:

GMS-CF,LLC
135 W. Central Blvd., Suite 320
Orlando, FL 32801
TELEPHONE: 407-841-5524 EMAIL: GFLINT@GMSNF.COM

Auditor: J.W. Gaines	,.

District: Narcoossee CDD

<;Zrv

By:

Title:  Dir ector/	

::::::.

By:
Title:   DfS:\,.-s::

\- ffi Y\-Q. e<

Date: September 17, 2019

Date:	9/J-i/c q

SECTION VII

SECTION C

Narcoossee
Community Development District
Summary of Check Register

August 22, 2019 to December 31, 2019

	Fund	Date	Check No.'s	Amount	
General Fund		
9/6/19	
1835	
$	585.00	
		9/9/19	1836	$	5,584.36	
		9/13/19	1837-1839	$	9,486.33	
		9/16/19	1840-1841	$	22,870.00	
		9/20/19	1842	$	5,000.00	
		9/25/19	1843-1844	$	3,521.84	
		9/30/19	1845-1847	$	2,766.49	
		10/7/19	1848-1849	$	1,444.07	
		10/10/19	1850	$	5,517.42	
		10/16/19	1851	$	1,766.63	
		10/18/19	1852	$	916.92	
		10/23/19	1853	$	490.00	
		10/28/19	1854	$	8,203.33	
		11/6/19	1855	$	175.00	
		11/12/19	1856	$	5,504.38	
		11/13/19	1857	$	465.21	
		11/15/19	1858-1860	$	9,556.53	
		12/6/19	1861-1865	$	2,751.85	
		12/10/19	1866	$	5,503.32	
		12/12/19	1867	$	17,059.68	
		12/13/19	1868-1869	$	8,703.33	
		12/23/19	1870-1871	$	1,324.50	
				$	119,196.19	
Payroll		September 2019 Betsy Burgos	
50326	
$	184.70	
		James Gregoire	50327	$	184.70	
		Jeffrey Smyk	50328	$	184.70	
		Peter Wong	50329	$	184.70	
		Stephen Giercyk	50330	$	184.70	
				$	923.50	
				$	120,119.69	

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	1/21/20	PAGE	1
*** CHECK DATES 08/22/2019 - 12/31/2019 ***	NARCOOSSEE-GENERAL FUND
BANK A NARCOOSSEE-GENERAL
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...	VENDOR NAME	STATUS	AMOUNT	....CHECK.....
DATE	DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS	AMOUNT	#
9/06/19 00072	8/07/19 1720670	201908 310-51300-31100	*	585.00
GEN ENG/FENCE PLAN
DEWBERRY ENGINEERS INC.	585.00 001835

9/09/19 00043	9/01/19	
	9/01/19	
	9/01/19	
	9/01/19	
	9/01/19	
	9/01/19	
	9/01/19	
	9/01/19	
	9/01/19	

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 342	201909 310-51300-34000	*	3,689.58
MANAGEMENT FEES-SEP19
342	201909 310-51300-35100	*	141.67
INFORMATION TECH-SEP19
342	201909 310-51300-31300	*	83.33
DISSEMINATION FEE-SEP19
342	201909 310-51300-51000	*	17.80

201909 310-51300-42000	*	5.13	
201909 310-51300-42500	*	81.60	
201909 320-53800-12000	*	347.00	

OFFICE SUPPLIES 342
POSTAGE 342
COPIES 343
FIELD MANAGEMENT-SEP19
343	201909 330-53800-12000	*	846.33
FIELD MANAGEMENT-SEP19
343	201909 340-53800-12000	*	371.92
FIELD MANAGEMENT-SEP19
GOVERNMENTAL MANAGEMENT SERVICES	5,584.36 001836
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/13/19 00022	8/31/19 179694	201908 330-53800-46300	*	500.00
LA VINA AQUAT MNT-AUG19
8/31/19 179695	201908 330-53800-46300	*	348.00
NNA.CRST.AQUAT MGMT-AUG19
8/31/19 179697	201908 340-53800-46300	*	350.00
NNA.PRSV AQUAT MGMT-AUG19
APPLIED AQUATIC MANAGEMENT, INC.	1,198.00 001837
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/13/19 00069	9/01/19 45729	201909 330-53800-46200	*	4,050.00
LA VINA LNDSCP MNT-SEP19
9/10/19 45565	201909 340-53800-46200	*	2,450.00
NNA.PRSV.LNDSCP MNT-SEP19
9/10/19 45675	201909 320-53800-46200	*	1,703.33
NNA.CRST.LNDSCP MNT-SEP19
DOWN TO EARTH LAWNCARE II, INC	8,203.33 001838
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/13/19 00085	9/09/19 1503	201909 320-53800-46000	*	85.00
REPAIR STONE/ENTRY SIGN
HERITAGE SERVICE SOLUTIONS LLC	85.00 001839
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/16/19 00064	9/11/19 9477	201909 300-15500-10000	*	7,122.00
FY20 GEN.LIAB/PUBLIC OFFI
NARC -NARCOOSSEE -	IARAUJO

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	1/21/20	PAGE	2
*** CHECK DATES 08/22/2019 - 12/31/2019 ***	NARCOOSSEE-GENERAL FUND
BANK A NARCOOSSEE-GENERAL
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...	VENDOR NAME	STATUS	AMOUNT	....CHECK.....
DATE	DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS	AMOUNT	#
9/11/19 9477	201909 300-15500-10000	*	13,118.00
FY20 PROPERTY INSURANCE
EGIS INSURANCE ADVISORS, LLC	20,240.00 001840
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/16/19 00003	8/31/19 94045360 201908 310-51300-48000	*	2,630.00
NOT OF PUB HEAR 8/27/19
ORLANDO SENTINEL COMMUNICATIONS	2,630.00 001841
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/20/19 00043	9/15/19 344	201909 300-15500-10000	*	5,000.00
ASSESSMENT ROLL - FY2020
GOVERNMENTAL MANAGEMENT SERVICES	5,000.00 001842
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/25/19 00072	9/10/19 1733089	201908 310-51300-31100	*	1,218.68
GEN ENG/FENCE COOR
DEWBERRY ENGINEERS INC.	1,218.68 001843
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/25/19 00005	9/16/19 109858	201908 310-51300-31500	*	411.50
AMEND RULES/MEMORANDUM
9/16/19 109859	201908 310-51300-31500	*	1,891.66
PREP/ATTEND BOARD MTG
HOPPING GREEN & SAMS	2,303.16 001844
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/30/19 00069	9/24/19 46742	201909 340-53800-46400	*	746.37
NNA.PRSV IRRG.RPR-SEP19
9/26/19 46916	201909 330-53800-46000	*	1,000.00
MIRABELLA ROBELLINI INSTL
DOWN TO EARTH LAWNCARE II, INC	1,746.37 001845
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/30/19 00008	9/24/19 6-747-02 201909 310-51300-42000	*	25.62
DELIVERY DATE 9/13/19
FEDEX	25.62 001846
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 9/30/19 00005	8/22/19 109400	201907 310-51300-31500	*	994.50
AGREEMENT/FENCE/MAINT
HOPPING GREEN & SAMS	994.50 001847
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/07/19 00022	9/30/19 180345	201909 330-53800-46300	*	500.00
LA VINA AQUAT MGMT-SEP19
9/30/19 180346	201909 320-53800-46300	*	348.00
NNA.CRST.AQUAT MGMT-SEP19
9/30/19 180348	201909 340-53800-46300	*	350.00
NNA.PRSC AQUAT MGMT-SEP19
APPLIED AQUATIC MANAGEMENT, INC.	1,198.00 001848
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/07/19 00069	9/30/19 47261	201909 340-53800-46400	*	143.82
NNA.PRSV.IRRIG REP-SEP19
NARC -NARCOOSSEE -	IARAUJO

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	1/21/20	PAGE	3
*** CHECK DATES 08/22/2019 - 12/31/2019 ***	NARCOOSSEE-GENERAL FUND
BANK A NARCOOSSEE-GENERAL
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...	VENDOR NAME	STATUS	AMOUNT	....CHECK.....
DATE	DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS	AMOUNT	#
9/30/19 47262	201909 320-53800-46400	*	102.25
NNA.CRST. IRRIG REP-SEP19
DOWN TO EARTH LAWNCARE II, INC	246.07 001849

10/10/19 00043	10/01/19	
	10/01/19	
	10/01/19	
	10/01/19	
	10/01/19	
	10/01/19	
	10/01/19	
	10/01/19	

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 345	201910 310-51300-34000	*	3,689.58
MANAGEMENT FEES OCT19
345	201910 310-51300-35100	*	141.67
TECHNOLOGY FEES OCT19
345	201910 310-51300-31300	*	104.17
DISSEMINATION SRVC OCT19
345	201910 310-51300-51000	*	.63
OFFICE SUPPLIES
345	201910 310-51300-42000	*	9.30

201910	310-51300-42500	*	.30	
201910	310-51300-41000	*	6.52	

POSTAGE 345
COPIES 345
TELEPHONE
346	201910 320-53800-12000	*	1,565.25
FIELD MGMNT FEES OCT19
GOVERNMENTAL MANAGEMENT SERVICES	5,517.42 001850
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/16/19 00034	10/16/19 10162019 201910 300-20700-10500	*	1,766.63
TRANSFER OF TAX RCPTS
NARCOOSSEE CDD C/O US BANK	1,766.63 001851
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/18/19 00072	10/10/19 1753592	201909 310-51300-31100	*	916.92
GEN ENG SERV THRU 9/27/19
DEWBERRY ENGINEERS INC.	916.92 001852
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/23/19 00003	9/25/19 10806564 201909 310-51300-48000	*	490.00
NOT OF MTGS FY20
ORLANDO SENTINEL COMMUNICATIONS	490.00 001853
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 10/28/19 00069	10/10/19 47832	201910 340-53800-46200	*	2,450.00
NNA.PRSC.LNDSCP MNT-OCT19
10/10/19 47920	201910 320-53800-46200	*	1,703.33
NNA.CRST.LNDSCP MNT-OCT19
10/10/19 47944	201910 330-53800-46200	*	4,050.00
LA VINA LNDSCP MNT-OCT19
DOWN TO EARTH LAWNCARE II, INC	8,203.33 001854
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11/06/19 00067	10/01/19 74013	201910 310-51300-54000	*	175.00
SPECIAL DISTRICT FEE FY20
DEPARTMENT OF ECONOMIC OPPORTUNITY	175.00 001855
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
NARC -NARCOOSSEE -	IARAUJO

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	1/21/20	PAGE	4
*** CHECK DATES 08/22/2019 - 12/31/2019 ***	NARCOOSSEE-GENERAL FUND
BANK A NARCOOSSEE-GENERAL
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...	VENDOR NAME	STATUS	AMOUNT	....CHECK.....
DATE	DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS	AMOUNT	#

11/12/19 00043	11/01/19	
	11/01/19	
	11/01/19	
	11/01/19	
	11/01/19	
	11/01/19	

347	201911 310-51300-34000	*	3,689.58
MANAGEMENT FEES NOV19
347	201911 310-51300-35100	*	141.67
TECHNOLOGY FEES NOV19
347	201911 310-51300-31300	*	104.17
DISSEMINATION SRVC NOV19
347	201911 310-51300-51000	*	.21
OFFICE SUPPLIES
347	201911 310-51300-42000	*	3.50
POSTAGE
348	201911 320-53800-12000	*	1,565.25
FIELD MGMNT FEES NOV19
GOVERNMENTAL MANAGEMENT SERVICES	5,504.38 001856
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11/13/19 00034	11/12/19 11122019 201911 300-20700-10500	*	465.21
TRANSFER OF TAX RCPTS
NARCOOSSEE CDD C/O US BANK	465.21 001857
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11/15/19 00022	10/31/19 181038	201910 330-53800-46300	*	500.00
LA VINA AQUAT MGMT-OCT19
10/31/19 181039	201910 320-53800-46300	*	348.00
NNA.CRST.AQUAT MGMT-OCT19
10/31/19 181041	201910 340-53800-46300	*	350.00
NNA.PRSV.AQUAT MGMT-OCT19
APPLIED AQUATIC MANAGEMENT, INC.	1,198.00 001858
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11/15/19 00069	10/31/19 50879	201910 320-53800-46400	*	88.46
NNA.CRST. IRRIG REPAIRS
11/10/19 50128	201911 340-53800-46200	*	2,450.00
NNA.PRSC.LNDSCP MNT-NOV19
11/10/19 50200	201911 330-53800-46200	*	4,050.00
LA VINA LNDSCP MNT-NOV19
11/10/19 50231	201911 320-53800-46200	*	1,703.33
NNA.CRST.LNDSCP MNT-NOV19
DOWN TO EARTH LAWNCARE II, INC	8,291.79 001859
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 11/15/19 00008	10/29/19 6-822-71 201910 310-51300-42000	*	66.74
DELIVERY 10/21/19
FEDEX	66.74 001860
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/06/19 00022	11/30/19 181895	201911 320-53800-46300	*	348.00
NNA.CRST.AQUAT MGMT NOV19
APPLIED AQUATIC MANAGEMENT, INC.	348.00 001861
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/06/19 00069	11/22/19 51856	201911 330-53800-46400	*	1,027.89
LA VINA IRRIGATION REPAIR
NARC -NARCOOSSEE -	IARAUJO

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	1/21/20	PAGE	5
*** CHECK DATES 08/22/2019 - 12/31/2019 ***	NARCOOSSEE-GENERAL FUND
BANK A NARCOOSSEE-GENERAL
CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...	VENDOR NAME	STATUS	AMOUNT	....CHECK.....
DATE	DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS	AMOUNT	#
11/26/19 51969A	201911 340-53800-46400	*	230.20
NNA.PRSC.IRRIG REPAIRS
11/26/19 51970	201911 320-53800-46400	*	372.53
NNA.CRST.IRRIG REPAIRS
11/30/19 53592	201911 340-53800-46400	*	264.32
NNA.PRSC.IRRIG REPAIRS
DOWN TO EARTH LAWNCARE II, INC	1,894.94 001862
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/06/19 00072	11/12/19 1757453	201910 310-51300-31100	*	375.00
GEN ENG/FENCE PROJ/SURVEY
DEWBERRY ENGINEERS INC.	375.00 001863
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/06/19 00008	11/26/19 6-849-03 201911 310-51300-42000	*	40.91
DELIVERY 11/19/19
FEDEX	40.91 001864
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/06/19 00005	11/27/19 111373	201910 310-51300-31500	*	93.00
DISTRICT FEE/BENEFITS
HOPPING GREEN & SAMS	93.00 001865

12/10/19 00043	12/01/19	
	12/01/19	
	12/01/19	
	12/01/19	
	12/09/19	
	12/09/19	

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 349	201912 310-51300-34000	*	3,689.58
MANAGEMENT FEES-DEC19
349	201912 310-51300-35100	*	141.67
INFO TECH-DEC19
349	201912 310-51300-31300	*	104.17
DISSEMINATION-DEC19
350	201912 320-53800-12000	*	1,565.25
FIELD MANAGEMENT-DEC19
351	201912 310-51300-51000	*	.15
OFFICE SUPPLIES
351	201912 310-51300-42000	*	2.50
POSTAGE
GOVERNMENTAL MANAGEMENT SERVICES	5,503.32 001866
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/12/19 00034	12/12/19 112719-S 201912 300-20700-10500	*	17,059.68
TRANSFER OF TAX RECEIPTS
NARCOOSSEE CDD C/O US BANK	17,059.68 001867
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/13/19 00022	11/30/19 181894	201911 330-53800-46300	*	500.00
LA VINA AQUAT MGMT-NOV19
APPLIED AQUATIC MANAGEMENT, INC.	500.00 001868
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/13/19 00069	12/10/19 52858	201912 320-53800-46200	*	1,703.33
NNA.CRST.LNDSCP MNT-DEC19
12/10/19 52867	201912 330-53800-46200	*	4,050.00
LA VINA LNDSCP MNT-DEC19
NARC -NARCOOSSEE -	IARAUJO

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN	1/21/20	PAGE	6
*** CHECK DATES 08/22/2019 - 12/31/2019 ***	NARCOOSSEE-GENERAL FUND
BANK A NARCOOSSEE-GENERAL

CHECK	VEND#	.....INVOICE..... ...EXPENSED TO...	VENDOR NAME	STATUS	AMOUNT	....CHECK.....	
DATE	DATE	INVOICE	YRMO	DPT ACCT# SUB	SUBCLASS				AMOUNT	#	
12/10/19 52956	201912 340-53800-46200	*	2,450.00
NNA.PRSC.LNDSCP MNT-DEC19
DOWN TO EARTH LAWNCARE II, INC	8,203.33 001869
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/23/19 00072	12/11/19 1769006	201911 310-51300-31100	*	1,195.00
GEN ENG/FENCE/PERMIT
DEWBERRY ENGINEERS INC.	1,195.00 001870
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 12/23/19 00005	12/16/19 111620	201911 310-51300-31500	*	129.50
CAPITOL/AGENDA/AMEND 12
HOPPING GREEN & SAMS	129.50 001871
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
TOTAL FOR BANK A	119,196.19
TOTAL FOR REGISTER	119,196.19

NARC -NARCOOSSEE -	IARAUJO

SEC-TION 2

• • •

c·•=···=·•()

Nar coossee
Community Development District

Unaudited Financial Reporting December 31, 2019

Govemmental
._.anagement Semces -

Table of Contents

1	 	Balance Sheet 

2-3	 	General Fund 

 	Debt Service Fund 

 	Capital Reserves Fund - Nona Preserve 

Capital Reserve Fund - Parcels G&H

 	Capital Reserves Fund - Nona Crest 

Capital  Reserve  Fund - La Vina

9-10	 	Month to Month 

 	Long-Term Debt 

 	Assessment  Receipt Schedule 

Narcoossee
 	mmynillf  D!Jlel2gm1nu !;!istrlct	
Combined Balance Sheet
For the  Period  Ended December 31, 2019

 	Gox.crnmen:ti!I E!!Dd Tmei	

Assets:	
 	General		Debt
Service		Capital
Projects		
Totals		
Cash	$263,117				$263,117	
Cash-Nona Preserve			$38,268		$38,268	
Cash-Parcels G & H			$71,075		$71,075	
Cash-Nona Crest			$96,431		$96,431	
Cash-La Vina			$92,949		$92,949	
Custody-Excess Funds	$27,070				$27,070	
Secii:s ZQ13A-1/A-z
Reserve A-1		
$104,615			
$104,615	
Prepayment A-1		$292			$292	
Revenue		$136,393			$136,393	
ReserveA-2		$51,394			$51,394	
Excess Revenue		$0			$0	
Due from General Fund		$113,380			$113,380	
Total Assets	$290,187	$406,074	$298,724		$994,984	

Liabilities;						
Accounts Payable	$2,929				$2,929	
Due to Debt Service	$113,380				$113,380	
Due to Other	$716				$716	
Fynd Balances:						
Restricted for Debt Service		$406,074			$406,074	
Assigned for Capital Projects - Nona Preserve			$38,268		$38,268	
Assigned for Capital Projects- GH			$71,075		$71,075	
Assigned for Capital Projects - Nona Crest			$96,431		$96,431	
Assigned for Capital Projects - La Vina			$92,949		$92,949	
Assigned	$35,666					
Unassigned	$137,495				$137,495	
Total Liabilities and Fund Equity						
& Other Credits	$290,187	$406,074	$298,724		$959,318	

Narcoossee
Community Development District
General Fund
Statement of Revenues & Expenditures For the Period Ended December 31, 2019

Adopted	Prorated Budget	Actual
 	Bud et	Thru 12/31/19	Thru 12/31/19	Variance	

Revenues:		

Maintenance Assessments	$315,352	$129,514	$129,514	$0	
Interest	$0	$0	$118	$118	
Total Revenues	I 	$315,352	$129,514	$129,632		$118 I

Expenditures:
Administrative		
Supervisor Fees	$6,000	$1,500	$0	$1,500	
FICA	$459	$115	$0	$115	
Engineering	$10,000	$2,500	$1,570	$930	
Assessment Roll	$5,000	$5,000	$5,000	$0	
Attorney Fees	$17,000	$4,250	$223	$4,028	
Annual Audit	$3,000	$0	$0	$0	
Dissemination	$1,250	$313	$313	($0)	
Arbitrage	$600	$0	$0	$0	
Trustee Fees	$3,000	$0	$0	$0	
Management Fees	$44,275	$11,069	$11,069	($0)	
Information Technology	$2,900	$725	$425	$300	
Telephone	$100	$25	$7	$18	
Postage	$450	$113	$123	($10)	
Insurance	$20,750	$20,750	$20,240	$510	
Printing & Binding	$1,200	$300	$0	$300	
Legal Advertising	$1,200	$300	$1,381	($1,081)	
Other Current Charges	$500	$125	$157	($32)	
Property Appraiser	$780	$0	$0	$0	
Office Supplies	$150	$38	$1	$37	
Dues, Licenses & Subscriptions	$175	$175	$175	$0	
Contingency	$280	$70	$0	$70	

Total Administrative
Nona Crest

 	$119,069	$47,366	$40,683	$6,683 I

Field Management		$4,164	$1,041	$1,041	$0	
Landscape Maintenance		$26,053	$6,513	$5,110	$1,403	
Irrigation Repairs		$3,500	$875	$461	$414	
Lake Maintenance		$4,350	$1,088	$1,044	$44	
Wall Repairs/Cleaning		$2,500	$625	$0	$625	
Feature Lighting		$1,000	$250	$0	$250	
Miscellaneous Common Area		$1,349	$337	$0	$337	

•

Total Nona Crest	• 	$42,916	$10,729	$7,656	$3,073 I

Narcoossee
Community Development District
General Fund
Statement of Revenues & Expenditures For the Period Ended December 31, 2019

Adopted	Prorated Budget	Actual
 	Budget	Thru 12/31/19	Thru 12/31/19	Variance	

La Vina		
Field Management	$10,350	$2,588	$2,588	($1)	
Landscape Maintenance	$38,762	$9,691	$8,961	$730	
Irrigation Repairs	$4,000	$1,000	$1,028	($28}	
Lake Maintenance	$4,573	$1,143	$1,500	($357}	
Utilities	$8,340	$2,085	$1,373	$712	
Wall Repairs/Cleaning	$5,500	$1,375	$0	$1,375	
Salvino Streetlighting	$2,710	$678	$672	$5	
Capri Streetlighting	$3,850	$963	$956	$7	
Miscellaneous Common Area	$15,321	$3,830	$0	$3,830	

Total La Vina Nona Preserve

 	$93,405	$23,351	$17,078	$6,2741

Field Management		$4,463	$1,116	$1,116	($0)	
Landscape Maintenance		$29,400	$7,350	$7,350	$0	
Irrigation Repairs		$2,200	$550	$495	$55	
Lake Maintenance		$4,300	$1,075	$1,050	$25	
Miscellaneous Common Area		$1,510	$378	$0	$378	

•

Total Nona Preserve

 	$41,873	$10,468	$10,010		$4ss I

Parce/sG& H		
Field Management		$2,666	$667	$667	($1)	
Landscape Maintenance		$13,796	$3,449	$3,189	$260	
Lake Maintenance		$1,628	$407	$0	$407	

•

Total Parcels G & H	I 	$18,090	$4,522	$3,856		$666 I

Total Maintenance Expenses Total Expenditures
Other Sources !Uses)

 	$196,283	$49,071	$38,600		$10,4711
•
 	$315,352	$96,437	$79,283		$17,1541
•

Transfer Out	($35,666)	$0	$0	$0
Total Other Sources (Uses)	•	 	($35,666)	$0	$0		so I

Excess Revenues (Expenditures) Fund Balance - Beginning
Fund Balance - Ending

 	($35,666)	$50,349	
•

•

 	$35,666	$122,812	

 	$0		$173,161	
•

Narcoossee
Community Development District
Debt Service Fund
Statement of  Revenues & Expenditures For the Period Ended December 31, 2019

	Adopted	Prorated Budget	Actual			
	Bud et	Thru 12/31/19	Thru 12/31/19	Variance		

Revenues:							
Assessments -Tax Roll		$317,131	$130,440	$130,440		$0	
Interest		$1,000	$250	$1,201		$951	
Total Revenues	I	 	$318,131	$130,690	$131,642		$951I
Expenditures:

series 2013A-1
Interest Expense 11/01	$43,053	$43,053	$43,053	$0	
Principal 5/01	$125,000	$0	$0	$0	
Interest Expense 5/01	$43,053	$0	$0	$0	
series 2013A-2					
Interest Expense 11/01	$27,034	$27,034	$27,034	$0	
Principal 5/01	$50,000	$0	$0	$0	
Interest Expense 5/01	$27,034	$0	$0	$0	
Total Expenditures	I	 	$315,174	$70,087	$70,087		$0 I
Excess Revenues (Expenditures)	I	$2,957	$61,555
Fund Balance - Beginning	I	$184,168	$344,519
Fund Balance - Ending	I	$187,125	$406,074

Narcoossee
Community Development District Capital Reserve Fund - Nona Preserve Statement of Revenues & Expenditures For the Period Ended December 31, 2019

Adopted
Budget

Prorated Budget
Thru 12/31/19

Actual
Thru 12/31/19

Variance

Revenues;

Transfer In	$323	$0	$0	$0
Interest	$0	$0	$1	$1
Total Revenues	I	 	$323	$0	$1		$1 I
Expenditures:

Capital Projects	$2,500	$0	$0	$0
Total Expenditures	I	 	$2,500	$0	$0		$0 I
Excess Revenues (Expenditures)	I	($2,177)	$1
Fund Balance - Beginning	I	$38,267	$38,268
Fund Balance - Ending	I	$36,090	$38,268

Narcoossee Community Development District Capital Reserve Fund - Parcels G & H
Statement of Revenues & Expenditures For the Period Ended December 31, 2019

Adopted	Prorated Budget	Actual
Bud et	Thru 12/31/19	Thru 12/31/19	Variance

Revenues:

Transfer In	$5,447	$0	$0	$0 Interest		$0	$0	$2	$2
Total Revenues	I	 	$5,447	$0	$2		s2 I

Expenditures:		
Capital Projects	$0	$0	$0	$0	
Total Expenditures	I	 	$0	$0	$0		so I	
Excess Revenues (Expenditures)	I	$5,447	$2	
Fund Balance - Beginning	I	$60,761	$71,073
Fund Balance - Ending	I	$66,209	$71,075

Narcoossee
Community Development District Capital Reserve Fund - Nona Crest Statement of Revenues & Expenditures For the Period Ended December 31, 2019

Variance

Actual
Thru 12/31/19

Prorated Budget
Thru 12/31/19

Adopted
Budget

Revenues:

Transfer In	$7,518	$0	$0	$0 Interest		$0	$0	$2	$2
Total Revenues	I	 	$7,518	$0	$2		$2 I

Expenditures:		
Capital Projects	$0	$0	$0	$0	
Total Expenditures	I	 	$0		$0	$0		$0 I	
Excess Revenues (Expenditures)	I	$7,518	$2	
Fund Balance - Beginning	I	$96,428	$96,429
Fund Balance - Ending	I	$103,947	$96,431

Narcoossee
Community Development District Capital Reserve Fund - LaVina Statement of Revenues & Expenditures
For the Period Ended December 31, 2019

Adopted
Bud et

Prorated Budget
Thru 12/31/19

Actual
Thru 12/31/19

Variance

Revenues:

Transfer In	$13,973	$0	$0	$0 Interest		$0	$0	$2	$2
Total Revenues	I	 	$13,973	$0	$2		s2 I

Expenditures:					
Dowden Median Improvements	$50,000	$0	$0	$0	
Total Expenditures	I	 	$50,000	$0	$0		so I	
Excess Revenues (Expenditures)	I	($36,027}	$2	
Fund Balance - Beginning	I	$109,946	$92,947
Fund Balance - Ending	I	$73,919	$92,949

Narcoossee
Community Development District
 	Oct	Nov	Dec	Jan	Feb	Mar		Apr	Ma y	 Jun	Jul		AUJ	Sep	 Total	

Bmllllu;		

Maintenance Assessments	
$0	
$17,735	
$111,779	
$0	
$0	
$0	
$0	
$0	
$0	
$0	
$0	
$0	
$129,514	
Interest	$44	$40	$34	$0	$0	$0	$0	$0	$0	$0	$0	$0	$118	
Total Revenues	544	! 17, 775	s  111,a13	!l!	so	so	so	so	so	so	3ii	s   129,63z I

Expenditures;
Admiabtratb'c		
Supervisor Fees	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
FICA	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Engineering	$375	$1,195	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$1,570	
Assessment Roll	$5,000	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$5,000	
Attorney	$93	$130	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$223	
Annual Audit	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Dissemination	$104	$104	$104	$0	$0	$0	$0	$0	$0	$0	$0	$0	$313	
Arbitrage	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Trustee Fees	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Management Fees	$3,690	$3,690	$3,690	$0	$0	$0	$0	$0	$0	$0	$0	$0	$11,069	
Information Technology	$142	$142	$142	$0	$0	$0	$0	$0	$0	$0	$0	$0	$425	
Telephone	$7	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$7	
Postage	$76	$44	$3	$0	$0	$0	$0	$0	$0	$0	$0	$0	$123	
Insurance	$20,240	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$20,240	
Printing & Binding	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Legal Advertising	$260	$425	$696	$0	$0	$0	$0	$0	$0	$0	$0	$0	$1,381	
Other Current Charges	$51	$52	$54	$0	$0	$0	$0	$0	$0	$0	$0	$0	$157	
Property Appraiser	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Office supplies	$1	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$1	
Dues, Licenses & Subscriptions	$175	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$175	
Contingency	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	
Toto/ Admlmstratllle	$.JO,JIJ	$5,781	$4,689	$0	$0	$0	$0	$0	$0	$0	$0	i2	!S683I

&ht

Narcoossee

·

Community Development District

Oct	Nov	Dec	Jan	Feb	Mar	M!X	Jun	Jul	A!!J	see	Total

Field Management		$347		$347		$347	$0	$0	$0	$0	$0	$0	$0	so	$0	$1,041 landscape Maintenance	$1,703	$1,703	$1,703	$0	$0	so	$0	$0	$0	so	so	so	$5 ,110 Irrigation Repairs			$88		S373			$0	so	$0	$0                     $0                     $0                     $0                      $0                      so              $0                    $461 Lake Maintenance                                             $348                 $348                 $348                  $0                  $0                      so              $0                   so           so            so            so            $0              $1,044 Wall Repairs/Cleaning                                          $0                        $0                        $0                    $0                     $0                        so             so             $0                     $0                      so             $0                      $0                       $0  Feature Lighting                                        $0                     $0                        $0                    so           $0                        $0                        $0                   so           so            so             so            $0                     $0 Miscellaneous Common Area $0 $0 $0 $0 $0 $0 $0 so $0 $0 so $0 $0
TallJI Nano crest	$2,487	 	$2,771		$Z398	 	$0	 $0	 $0	 $0	 $0	 $0	 $0	 $0	 $0     	s1.,S& 1

la Vina
Field Management	$863	$863	$863	$0	$0	$0	$0	$0	$0	$0	$0	$0	$2,588
Landscape Maintenance	$2,987	$2,987	$2,987	$0	$0	$0	$0	$0	$0	$0	$0	so $8 ,961
Irrigation Repairs	$0	$1,028	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	Sl,028
Lake Maintenance	$S00	$S00	$S00	$0	$0	$0	$0	$0	$0	so	$0	$0	$1,500
Utilities	S295	$S39	$540	$0	$0	$0	$0	$0	$0	$0	$0	$0	$1,373 Wall Cleaning		$0		so		$0	so	$0	$0	$0	$0	$0	$0	so	$0		$0 Salvino Streetlighting	S224	$224	$224	$0	so	$0                            $0                    $0                      $0                      $0                        $0                       $0                 SGn
Capri Streetlightlng	$319	S319	$319	$0	$0	$0	$0	$0	$0	$0	$0	$0	$9S6
Miscellaneous Common Area	$0	$0	so	$0	$0	$0	so	$0	$0	$0	$0	$0	$0
To111/LaVln11	$5,117	$6,459	ss143z               $0	$0	$0	$0	$0	$0	$0	$0	$0 $ 17.078 1

Nona ereserve
Field Management	$372	$372	$372	$0	$0	$0	$0	$0	$0	$0	$0	$0	$1,116
Landscape Maintenance	$2,450	$2,450	$2,450	$0	$0	$0	$0	$0	$0	$0	$0	$0	$7,350 Irrigation Repairs			$0		$49S			$0	$0	$0	$0	$0	so	$0	$0	so	$0		$49S Lake Malntenace		$350		$350		$3S0	$0	so	$0                 $0                  $0                  $0                  so            $0                  so        $1,050 Miscellaneous Common Area                                       $0                        $0                       $0                  $0                   $0                      $0                        $0                     $0                   so            $0                    so            $0                so
Tami Nana Preserve	$3,172	$3,666              $3,172	$0	$0	$0	$0		$0              $0	$0	$0 $0 s10.010 1

Parcels§& H
Field Management	$222	$222	$222	so	$0	$0	$0	$0	so	$0	so	$0	$667
Landscape Maintenance	$1,063	$1,063	$1,063	$0	$0	$0	$0	$0	$0	$0	$0	$0	$3,189
Lake Maintenace	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	$0	so	$0
Total Para,/s Ga ff	$!;285	 	$1,285		f1.Z85	 	$0	$0	$0	$0	$0	$0	$0	$0	$0	$312  6 1

TallJI Expenditures	$42,344	$19,963	$16,976	$0	$0	$0	$0	$0	$0	$0	$0	$0		

 Qlt!t:C EIDiHld!lB S,g11rg1 [L!i I	
Transfer Out	

$0	

$0	

$0	

$0	

$0	

$0	

$0	

$0	

$0	

$0	

$0	

$0	

$0	

f79 83I

Excess Rewnues (Expenditures)	IS42e  1	l!Z,1881	$94,837	$0	$0	$0	$0	$0	$0	$0	$0	$50,349 1

10

Narcoossee
Community Development District
LONG TERM DEBT REPORT

SERIES 2013A-1, SPECIAL ASSESSMENT REFUNDING BONDS	
MATURITY DATE:	5/1/2033	
RESERVE FUND DEFINITION	50% OF MAXIMUM ANNUAL DEBT SERVICE	
RESERVE FUND REQUIREMENT	$104,615	
RESERVE FUND BALANCE	$104,615	
BONDS OUTSTANDING - 9/30/13	$2,885,000	
LESS: PRINCIPAL PAYMENT 5/1/14	($110,000)	
LESS: PRINCIPAL PAYMENT 5/1/15	($110,000:	
LESS: PRINCIPAL PAYMENT 5/1/16	($110,000)	
LESS: PRINCIPAL PAYMENT 5/1/17	($115,000)	
LESS: PRINCIPAL PAYMENT 5/1/18	($115,000]	
LESS: PRINCIPAL PAYMENT 5/1/19	($120,000)	
CURRENT BONDS OUTSTANDING	$2,205,000	

SERIES 2013A-2, SPECIAL ASSESSMENT REFUNDING BONDS	
MATURITY DATE:	5/1/2033	
RESERVE FUND DEFINITION	50% OF MAXIMUM ANNUAL DEBT SERVICE	
RESERVE FUND REQUIREMENT	$51,394	
RESERVE FUND BALANCE	$51,394	
BONDS OUTSTANDING - 9/30/13	$1,295,000	
LESS: PRINCIPAL PAYMENT 11/1/13	($70,000	
LESS: PRINCIPAL PAYMENT 5/1/14	($35,000]	
LESS: PRINCIPAL PAYMENT 5/1/15	($35,000)	
LESS: PRINCIPAL PAYMENT 5/1/15	($10,000)	
LESS: PRINCIPAL PAYMENT 5/1/16	($40,000)	
LESS: PRINCIPAL PAYMENT 5/1/17	($40,000]	
LESS: PRINCIPAL PAYMENT 5/1/18	($45,000)	
LESS: PRINCIPAL PAYMENT 5/1/19	($45,000	
CURRENT BONDS OUTSTANDING	$975,000	

11

NARCOOSSEE COMMUNITY DEVELOPMENT DISTRICT
Special Assessment Receipts Series 2013
Fiscal Year 2020

Gross Assessments	$335,455.07	$337,855.13	$673,310 .20	
TOTAL ASSESSMENT LEVY Net Assessments	$315,327.n	$317,583.82	$632,911.59	

DATE
RECEIVED

GROSS
ASSESSMENTS

DISC/PENALTY

INTEREST

NET AMOUNT
RECEIVED

ASSESSED THROUGH COUNTY
49.82%	50.18"'

DESCRIPTION

COMMISSIONS

O&MPortlon

DSF Portion

100.00%
Total	I

11/12/19
11/21/19
11/14/19
12/12/19
12/05/19
12/19/19

OS/12/19-10/25/19
11/6/19 • 11/12/19
10/26/19 - 11/5/19
11/21/19 -11/25/19
11/13/19 - 11/20/19
11/26/19-11/27/19

$1,686.65
$21,806.27
$13,608.41
$54,715.94
$164,387.06
$14,463.11

$0.00
$0.00
$0.00
$0.00
$0.00
$0.00

$88.55
$872.20
$544.31
$2,188.53
$6,575.31
$578.49

$0.00
$0.00
$0.00
$133.62
$0,00
$0.00

$1,598.10
$20,934.07
$13,064.10
$52,661.03
$157,811.75
$13,884.62

$796.20
$10,429.72
$6,508.77
$26,236.66
$78,624.61
$6,917.56

$801.90
$10,504,35
$6,555.33
$26,424.37
$79,187.14
$6,967.06

$1,598.10
$20,934.07
$13,064.10
$52,661.03
$157,811.75
$13,884.62

TOTAL

$270,667.44

$0.00

$10,847.39

$133.62

$259,953.67

$129,513.52

$130,440.15

$259,953.67

42'6

Grass Percent Colle

 	$402,642.76	Balance Remaining to Coll 

12