Storey Creek Community Development District

Agenda September 9, 2019

-.·--=-·	-   -	-

Storey Creek

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

September 2, 2019

Board of Supervisors Storey Creek
Community Development District
Dear Board Members:

The meeting of the Board of Supervisors of the Storey Creek Community Development District will be held Monday, September 9, 2019 at 12:30 p.m. at the Oasis Club at ChampionsGate, 1520 Oasis Club Blvd., ChampionsGate, Florida. Following is the advance agenda for the meeting:
Roll Call
Public Comment Period
Approval of Minutes of the August 5, 2019 Board of Supervisors Meeting and Acceptance of Minutes of the August 5, 2019 Landowners' Meeting
Consideration of Professional Engineering Services Agreement with Boyd Civil Engineering, Inc.
Public Hearings
Rules of Procedure
Consideration of Resolution 2019-21 Adopting the District's Rules of Procedure
Uniform Method of Collection
Consideration of Resolution 2019-22 Expressing the District's Intent to Utilize the Uniform Method of Collection
Fiscal Year 2019-2020 Budget
Consideration of Resolution 2019-23 Adopting the Fiscal Year 2019-2020 Budget and Relating to the Annual Appropriations
Staff Reports
Attorney
Engineer
District Manager's Report
Ratification of Funding Request #2
Supervisor's Requests & Audience Comments
Adjournment

The second order of business of the Board of Supervisors 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 of the August 5, 2019 Board of Supervisors meeting and acceptance of the minutes of the August 5, 2019 landowners' meeting. The minutes are enclosed for your review.

The fourth order of business is the consideration of the professional engineering services agreement with Boyd Civil Engineering, Inc. A copy of the agreement is enclosed for your review.

The fifth order of business  opens the public hearings. Section A opens the public hearing for the Rules of Procedure. Sub-Section 1 is the consideration of Resolution 2019-21 adopting the District's Rules of Procedure. A copy of the Resolution and proposed rules  are  enclosed for  your review. Section B opens the public hearing for the Uniform Method of Collection. Sub­ Section 1 is the consideration of Resolution 2019-22 expressing the District's intent to utilize the uniform method of collection. A copy of the Resolution is enclosed for your review. Section C opens the public hearing for the Fiscal Year 2019-2020 budget adoption. Sub-Section 1 is the consideration of Resolution 2019-23 adopting the Fiscal Year 2019-2020 budget and relating to the annual appropriations. A copy of the Resolution and proposed budget  are enclosed  for your review.

The sixth order of business is Staff Reports. Section 1 of the District Manager's Report is the ratification of Funding Request #2. A copy of the funding request and supporting documentation is enclosed for your review.

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

r�	� s

Sincerely,
'--
George S. Flint District Manager

Cc:	Jan Carpenter, District Counsel Steve Boyd, District Engineer Steve Sanford, Bond Counsel Jon Kessler, Underwriter Stacey Johnson, Trustee

Enclosures

MINUTES

MINUTES OF MEETING STOREY CREEK
COMMUNITY  DEVELOPMENT  DISTRICT

The regular meeting of the Board of Supervisors of the Storey Creek Community Development District was held Monday, August 5, 2019 at 12:40 p.m. at the Oasis Club at ChampionsGate, 1520 Oasis Club Blvd., Championsgate, Florida 33896.
Present and constituting a quorum were:

Adam Morgan Lane Register Rob Bonin
Also present were:
George Flint Andrew d'Adesky Steve Boyd
Alan Scheerer Nora Schuster

FIRST ORDER OF BUSINESS

Chairman Vice Chairman
Assistant Secretary

District Manager District Engineer Interim District Engineer GMS
Lennar Homes

Roll Call

Mr. Flint called the meeting to order and called the roll.

SECOND ORDER OF BUSINESS	Public Comment Period
Mr. Flint opened the meeting up for public comment period. There being none, the next item followed.
THIRD ORDER OF BUSNESS	Organizational Matters
Administration of Oaths of Office to Newly Elected Supervisors
Mr. Flint: We have three board members that I will administer the Oath of Office to. As citizens of the State of Florida and of the United States of America and as officers of the Storey Creek Community Development District, do you hereby solemnly swear or affirm you will support the Constitution of the United States and of the State of Florida?
Mr. Morgan: I do. Mr. Bonin: I do.

August 5, 2019	Storey Creek CDD

Mr. Register: I do.
Mr. Flint: Thank you, welcome to the Board. Since you are on other boards, I won't go over everything. We have provided you with information on Community Development Districts and with information on being a public official. We have also provided you with a copy of Chapter 190 of the Florida Statutes.

Consideration of Resolution 2019-15 Canvassing and Certifying the Results of the Landowners' Election
Mr. Flint: Resolution 2019-15 canvasses and certifies the results of the landowners'
election and we fill in the 5 individuals that were elected; Mr. Bonin, Mr. Morgan, Mr. Register, Mr. Catanzariti, Mr. Lewellen. Mr. Bonin and Mr. Morgan received 300 votes and Mr. Register, Mr. Catanzariti, and Mr. Lewellen received 299 votes.

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor, Resolution 2019-15 Canvassing and Certifying the Results of the Landowners' Election, was ratified.

Election of Officers
Mr. Flint: Previously, Mr. Morgan was Chairman, Mr. Bonin was Vice Chairman, and the other three supervisors were Assistant Secretaries. I was an Assistant Secretary and Ariel Lovera was Treasurer.
Consideration of Resolution 2019-16 Electing Officers
Mr. Flint: Do you want to keep the previous offices? Mr. Morgan: That's perfect.

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor, Resolution 2019-16 Electing Officers, was approved.
FOURTH ORDER OF BUSINESS	Approval of Minutes of the July 1, 2019
Meeting
Mr. Flint: Are there any comments, corrections, or question on the July 1, 2019 Minutes.
Mr. Morgan: They look accurate.

2

August 5, 2019	Storey Creek CDD

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor, the Minutes of the July 1, 2019 Meeting were approved, as presented.
Mr. Sheerer: For the record, as part of the organizational matters s ection of the agenda we are going to amend the agenda to add two additional resolutions. We are adding Resolution 2019- 19 and 2019-20 to declare assessments on two separate areas.
FIFTH ORDEROFBUSINESS	Ranking	of	Proposals	for	District
Engineering Services and	Selection of District Engineer
Mr. Flint: Under the Consultants Competitive Negotiation Act we are required to bid these services out. We received one response from Boyd Civil Engineering. When you only receive one bid you have the ability to reject and rebid or accept the proposal.

On MOTION by Mr. Register seconded by Mr. Morgan with all in favor, the Ranking ofProposals for District Engineering Services and Selection of District Engineer Boyd Civil Engineering, was approved.

SIXTH ORDEROFBUSINESS
AssessmentArea1

FinancingMatters- Item Revised

Consideration of Engineer's Report
Mr. Flint: The desire is to break the District up into two assessment area and impose assessments separately on each area. It is anticipated that there will be two separate bond issues. Assessment Area 1, you have a consideration of Engineer's Report, a Master Assessment Methodology, and the two resolutions that Andrew referenced. We would go through the same process for Assessment Area 2. On page two of the Engineer's Report you can see the acres of each area and the proposed development plan for each area. On page 5, Steve broke out the probable cost estimates for district infrastructure in both areas.
Mr. Boyd: Table 1 is a summary of the land areas included in each Assessment Area. The boundary between to two Assessment Areas is on a large open stormwater tract, so that can be adjusted without affecting the units. The units will be fixed. Table 2 provides the lot mix for each

3

August 5, 2019	Storey Creek CDD

area and the lot totals. Table 3 provides the Engineer's opinion of probably cost. Are there any questions?
Mr. Morgan: So, we are doing Phase 1, Phase 2B? Mr. Boyd: Phase 1 then Phase 2A.
Mr. Morgan: I see that now, then 2B.

Consideration of Master Assessm ent Methodology for Assessm ent Areal
Mr. Morgan: Lane, are those unit numbers correct? Mr. Register: Yes, they are appropriate.
Mr. Flint: This information crune out of the Engineer's Report. Table 2 is the development plan. Table 3 is the bond sizing, and this assumes we are going to fund 100% of the infrastructure. These are conservative bond assumptions on interest rates and capitalized interest. Table 4 breaks up the costs per unit. Table 5 is the par debt per unit of$51,306. We don't anticipate we are going to issue that much. You have the preliminary assessment roll, it's showing all the units paying the same understanding that when we get the product type break down that will vary. Are there any questions on the methodology?
Consideration of Resolution2019-17 DeclaringSpecialAssessm ents
Mr. d'Adesky: Resolution 2019-17 approves the engineer's report and the methodology provided.

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor, Resolution 2019-17 Declaring Special Assessments, was approved.
Consideration of Resolution 2019-18 Setting a Public H earing for SpecialAssessm ents
Mr. d'Adesky: This resolution sets the public hearing.
Mr. Flint: We are suggesting holding the meeting at the October 7th meeting at our current location at 12:30 p.m.

4

August 5, 2019	Storey Creek COD

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor, Resolution 2019-18 Setting a Public Hearing for Special Assessments on October 7th at the Oasis Club at ChampionsGate at 12:30 p.m., was approved.

Assessm entArea2
Consid eration of Engineer's Report
Mr. Flint: Assessment Area 2 Engineer's Report is the same as Assessment Area 1.

Consid eration of Master Assessm ent Method ology for Assessm ent Area2
Mr. Flint: The only different in the Methodologies is that Assessment Area 2 is a little
small. There are 482 units in this area.

Consid eration of Resolution2019-19 DeclaringSpecialAssessm ents
Mr. D'Adesky: Resolution 2019-19 declares Special Assessments for Assessment Area 2.

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor, Resolution 2019-19 Declaring Special Assessments, was approved.

Consid eration of Resolution 2019-20 Setting a Public H earing for SpecialAssessm ents
Mr. d'Adesky: The public hearing would take place on October 7th, 2019 at 12:30 at the
Oasis Club.

On MOTION by Mr. Register seconded by Mr. Morgan with all in favor, Resolution 2019-20 Setting a Public Hearing for Special Assessments on October 7th, 2019 at 12:30 at Oasis Club at ChampionsGate, was approved.
SEVENTH ORDEROFBUSINESS	Acceptance	of	Utility Conveyances -
Ad d ed
Mr. Flint: A new item, number eight, was added to the agenda.
Mr. Scheerer: I provided the conveyance information as well as the final form of the Acquisition Agreement. This confirms that Lennar is able to get reimbursed for everything they are transferring to Toho.

5

August 5, 2019	Storey Creek COD

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor, the Utility Conveyances were accepted.

EIGHTH ORDER OF BUSINESS	Staff Reports
Attorney
Mr. d'Adesky: The Validation Complaint is filed. After they've finished the assessment process, we will probably amend the complaint to add the assessment if they haven't ended the case before then to protect the assessments.
Engineer
Mr. Boyd: I have nothing further to report.

District Manager's Report
There being none, the next item followed.

NINTH ORDER OF BUSINESS	Supervisor's Requests
Mr. Flint: Are there any other requests? Hearing none, we will move on.

TENTH ORDER OF BUSINESS	Adjournment
Mr. Flint adjourned the meeting at 12:51 p.m.

On MOTION by Mr. Morgan seconded by Mr. Register with all in favor the meeting was adjourned at 12:51 p.m.

Secretary/Assistant Secretary	Chairman/Vice Chairman

6

MINUTES OF MEETING STOREY CREEK
COMMUNITY DEVELOPMENT DISTRICT

The Landowners' Meeting of the Storey Creek Community Development District was held Monday, August 5, 2019 at 12:30 p.m. at the Oasis Club at ChampionsGate, 1520 Oasis Club Blvd., Championsgate, Florida 33896.

Present were:
Adam Morgan Lane Register Rob Bonin George Flint Andrew d'Adesky Steve Boyd
Alan Scheerer Nora Schuster

FIRST ORDER OF BUSINESS	Determination of Number of Voting Units
Represented
Mr. Flint: I have a landowner proxy naming Adam Morgan as the proxy holder signed by
Mark McDonald who is an authorized officer of the entity that owns all the land within the district. It represents 383.39 acres or 384 authorized votes.

SECOND ORDER OF BUSINESS	Call to Order
Mr. Flint called the meeting to order.

THIRD ORDER OF BUSINESS	Election of Chairman for the Purpose of
Conducting Landowners' Meeting
Mr. Morgan: I designate Mr. Flint as Chairman.

FOURTH ORDER OF BUSINESS	Nominations	for	the	Positions	of
Supervisors (5)
Mr. Flint: Mr. Morgan has provided me with a ballot reflecting Mr. Morgan, Mr. Bonin,
Mr. Lewellen, Mr. Catanzariti Jr., and Mr. Register. Are there any other nominations?
Mr. Morgan: Not at this time.

August 5, 2019	Storey Creek COD

FIFTH ORDEROFBUSINESS	Casting of Ballots
Mr. Flint: The ballot that Mr. Morgan provided reflects 300 votes for Mr. Morgan, 300 votes for Mr. Bonin, and 299 votes for Mr. Register, Mr. Lewellen, and Mr. Catanzariti.

SIXTH ORDEROFBUSINESS	Tabulation of Ballots and Announcement
of Results
Mr. Flint: Are there any other questions? Hearing none, we will adjourn the meeting.

SEVENTH ORDEROFBUSINESS	Adjournment
The meeting was adjourned at 12:35.

2

(·

SECTION IV

AGREEMENT BETWEEN THE STOREY CREEK COMMUNITY DEVELOPMENT DISTRICT AND BOYD CIVIL ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES
TIDS AGREEMENT made and entered into this _ day of --------
20 l 9, by and between:
Storey Creek Communi ty Development Di stri ct, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in Osceola County, Florida (the "District"); and
Boyd Ci vi l Engi neeri ng,  Inc., a  Florida corporation,  with  a  mailing  address  of 68 16 Hanging Moss Road, Orlando, Florida 32807 (the "Engineer").
WHEREAS, the District is a local unit of special-purpose government established and existing pursuant to the Uniform Community Development District Act of 1980, as codified in Chapter 190, Florida Statutes ("Uniform Act"), by ordinance of Osceola County, Florida; and
WHEREAS, the District is authorized to plan, finance, construct, install, acquire and/or maintain improvements, facilities and services in conjunction with the development of the lands within the District; and
WHEREAS, pursuant to sections 190.033 and 287.055, Florida Statutes, the District solicited proposals from qualified firms to provide professional engineering services on a continuing basis; and
WHEREAS, Engineer submitted a proposal to serve in this capacity; and
WHEREAS, the District's Board of Supervisors ranked Engineer as the most qualified firm to provide professional engineering services for the District and authorized the negotiation of a contract pursuant to section 287.055, Florida Statutes; and
WHEREAS, the District intends to employ Engineer to perform engineering, construction administration, environmental management and permitting, financial and economic studies, as defined by a separate work authorization or work authorizations; and
WHEREAS, the Engineer shall serve as District's professional representative in each service or project to which this Agreement applies and will give consultation and advice to the District during performance ofthese services.
NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the acts and deeds to be performed by the parties and the payments by the District to

1

the Engineer of the sums of money herein specified, it is mutually covenanted and agreed as follows:

Art icle1 .	Scope of Services
The Engineer will provide general engineering services, including:

Preparation of any necessary reports and attendance at meetings of the District's Board of Supervisors.
Providing professional engineering services including, but not limited to, review and execution of documents under any of the District's Trust Indentures and monitoring of District projects.
Any other items requested by the Board of Supervisors.

Engineer shall, when authorized by the Board, provide general services related to construction of any District projects including, but not limited to:

Periodic visits to the site, or full-time construction management of District projects, as directed by District.
Processing of contractors' pay estimates.
Preparation   of,   and/or   assistance   with,   the   preparation   of   work authorizations, requisitions, change orders and acquisitions for review by the District Manager, District Counsel and the Board.
Final inspection and requested certificates for construction including the final certificate of construction.
Consultation and advice during construction, including performing all roles and actions required of any construction contract between District and any contractor(s) in which Engineer is named as owner's representative or "Engineer."
Any other Activity related to construction as authorized by the Board.

With respect to maintenance of the facilities, Engineer shall render such services as authorized by the Board.

Art icle2.	Meth od  of Auth orzi  at ion.  Each service or project shall be authorized in
writing by the District. The written authorization shall be incorporated in a work authorization which shall include the scope of work, compensation, project schedule, and special provisions or conditions specific to the service or project bring authorized ("Work Authorization"). Authorization of services or projects under the contract shall be at the sole option ofthe District.

Art icle3 .        C ompens at ion.     It  is  understood  and  agreed  that  the  payment  of compensation for services under this contract shall be stipulated in each Work Authorization. One ofthe following methods will be utilized:

2

Lump Sum Amount - The District and Engineer shall mutually agree to a lump sum amount for the services to be rendered payable monthly in direct proportion to the work accomplished. For any lump-sum or cost-plus-a-fixed-fee professional service contract over the threshold amount provided in Section 287.017 of the Florida Statutes for CATEGORY FOUR, the District shall require the Engineer 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. The price for any lump sum Work Authorization, and any additions thereto, will be adjusted to exclude any significant sums by which the District determines the Work Authorization was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such adjustments must be made within 1 year following the completion of the work contemplated by the lump sum Work Authorization.
Hourly Personnel Rates - For services or projects where the scope of services is not clearly defined or recurring services or other projects where the District desires the use of the hourly compensation rates outlined in Ex hi bi t"A." The District and Engineer may agree to a "not to exceed" amount when utilizing hourly personnel rates for a specific work authorization.
Arti cle4. Rei m bursable Ex penses. Reimbursable expenses consist of actual expenditures made by Engineer, its employees, or its consultants in the interest of the project for the incidental expenses as listed as follows:
Expenses of transportation and living when traveling in connection with a project, for long distance phone calls and telegrams, and fees paid for securing approval of authorities having jurisdiction over the project. All expenditures shall be made m accordance with Chapter 112, Florida Statutes, and with the District's travel policy.
Expense of reproduction, postage and handling of drawings and specifications.
Arti cle5. T erm of Contract. It is understood and agreed that the term of this contract will be from the time of execution of this contract by the parties until terminated in accordance with its terms.
Arti cle6. Speci al Consultants. When authorized in writing by the District, additional special consulting services may be utilized by Engineer and paid for on a cost basis.
Arti cle7. Books and Record s. Engineer shall maintain comprehensive books and records relating to any services performed under this Agreement, which shall be retained by Engineer for a period of at least four (4) years from and after completion of any services hereunder, or such further time as required under Florida's public records law. The District, or

3

its authorized representative, shall have the right to audit such books and records at all reasonable times upon prior notice to Engineer.
Article8.	Ow nersh ip of Documents.
All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Engineer pursuant to this Agreement (the "Work Product") shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.
The Engineer shall deliver all Work Product to the District upon completion thereof unless it is necessary for Engineer in the District's sole discretion, to retain possession for a longer period of time. Upon termination of Engineer's services hereunder, Engineer shall deliver all such Work Product whether complete or not. The District shall have all rights to use any and all Work Product. Engineer shall retain copies of the Work Product for its permanent records, provided the Work Product is not used without the District's prior express written consent. Engineer agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise materialized, would be reasonably identifiable with the District. If said work product is used by the District for any purpose other than that purpose which is intended by this Agreement, the District shall indemnify Engineer from any and all claims and liabilities which may result from such re-use, in the event Engineer does not consent to such use.
The District exclusively retains all manufacturing rights to all materials or designs developed under this Agreement. To the extent the services performed under this Agreement produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the District as the author, creator, or inventor thereof upon creation, and the District shall have all rights therein including, without limitation, the right of reproduction, with respect to such work. Engineer hereby assigns to the District any and all rights Engineer may have including, without limitation, the copyright, with respect to such work. The Engineer acknowledges that the District is the motivating factor for, and for the purpose of copyright or patent, has the right to direct and supervise the preparation of such copyrightable or patentable materials or designs.
Ar ticle9. Accounting Recor d s. Records of Engineer pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles and shall be available to the District or its authorized representative for observation or audit at mutually agreeable times.
Ar ticle10 . Ind epend ent Contr actor . Engineer and District agree that Engineer is and shall remain at all times an independent contractor and shall not in any way claim or be
4

considered an employee of the District.	Engineer shall not have authority to hire persons as employees of District.

Art icel  11.	Re use	of	Docume nt s.	All	documents	including	drawings	and
specifications furnished by Engineer pursuant to this Agreement are instruments of service. They are not intended or represented to be suitable for reuse by District or others on extensions of the work for which they were provided or on any other project. Any reuse without specific written consent by Engineer will be at the District's sole risk and without liability or legal exposure to Engineer. All documents including drawings, plans and specifications furnished by Engineer to District are subject to reuse in accordance with section 287.055( 10), Florida Statutes.

Art icel  12.	Estim ate  of Cost.   Since Engineer has no control over the cost of labor,
materials or equipment or over a contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable cost provided as a service hereunder are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry, but Engineer cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost prepared by him. If the District wishes greater assurance as to the construction costs, it shall employ an independent cost estimator at its own expense. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and justify additional fees.

Art icel   13.	Insurance. Engineer shall, at its own expense, maintain insurance during
the performance of its services under this Agreement, with limits of liability not less than the following:

Workers Compensation
General Liability
Bodily Injury (including Contractual) Property Damage (including Contractual)
Automobile Liability
Bodily Injury/Property Damage
Professional Liability for Errors and Omissions

Statutory

$1 ,000,000/$2,000,000
$1,000,000/$2,000,000

Combined Single Limits $1 ,000,000

$1 ,000,000

The District, its officers, supervisors, agents, staff, and representatives shall be named as additional insured parties (except  on Professional Liability for Errors and Omissions).	The
5

Engineer shall furnish the District with the Certificate of Insurance evidencing compliance with the requirements of this Article. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the state of Florida.

If Engineer fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, Engineer shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District's obtaining the required insurance.

Article14.      Contingent  Fee.   The  Engineer  warrants  that  it  has not  employed  or retained any company or person, other than a bona fide employee working solely for the Engineer, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

Article15 . Au d it. The Engineer agrees that the District or any of its duly authorized representatives shall, until the expiration of three years after expenditure of funds under this Agreement, have access to and the right to examine any books, documents, papers, and records of the Engineer involving transactions related to the Agreement. The Engineer agrees that payment made under the Agreement shall be subject to reduction for amounts charged thereto that are found on the basis of audit examination not to constitute allowable costs. All required records shall be maintained until an audit is completed and all questions arising therefrom are resolved, or three years after completion of all work under the Agreement.

Article16.       Ind em nifi cation.  The Engineer agrees, to the fullest extent permitted by law, to indemnify, defend, and hold the District harmless of and from any and all liabilities, claims, causes of action, demands, suits, or losses arising from the negligent acts, errors or omissions of the Engineer, Engineer's agents or employees, in the performance of professional services under this Agreement. Engineer agrees and covenants that nothing herein shall constitute or be construed as a waiver of the District's sovereign immunity pursuant to section 768.28, Florida Statutes.
Article17.      Pu blic   Record s.     Engineer  understands  and  agrees  that  all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Engineer agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 1 19.0701, Florida Statutes. Engineer acknowledges that the designated public records custodian for the District is George Flint ("Public Records Custodian"). Among other requirements and to the extent applicable by

6

law, the Engineer shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 11 9, Florida Statutes; 3) ensure that public records which 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 the contract term if the Engineer does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Engineer's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Engineer, the Engineer shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.
IF THE ENGINEER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STA TUTES, TO THE ENGINEER' S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 841-5524, GFLINT@GMSCFL.COM, OR C/O GOVERNMENTAL MANAGEMENT SERVICES, CENTRAL FLORIDA, 135 W. CENTRAL BLVD., SUITE 320, ORLANDO, FLORIDA 32801.
Article 18. Employment Verification. The Engineer agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance ofthis Agreement.
Article 19. Controlling Law; Jurisdiction and Venue. The Engineer  and  the District agree that this Agreement shall be controlled and governed by the laws of the State of Florida. Jurisdiction and venue for any proceeding with respect to this Agreement shall be in Osceola County, Florida
Article 20. Notices. All notices, requests, consents and other communications under this Agreement ("Notices") shall be in writing and shall be delivered, transmitted by electronic mail (e-mail) and mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:
If to the District:	Storey Creek Community Development District
135 West Central Boulevard, Suite 320
Orlando, Florida 32801 Attn: District Manager
7

Wi th a copy to:

If to Engi neer:

Latham, Shuker, Eden & Beaudine 111 N. Magnolia Avenue, Suite 1400
Post Office Box 3353; 32802
Orlando, Florida 32801 Attn: Jan A. Carpenter
Boyd Civil Engineering, Inc. 6816 Hanging Moss Road Orlando, Florida 32807
Attn: Steven N. Boyd

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non­ business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for District and counsel for Engineer may deliver Notice on behalf of District and Engineer, respectively. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.
Arti cle21 . Assi gnm ent. Neither the District nor the Engineer shall assign, sublet, or transfer any rights under or interest in this Agreement without the express written consent of the other. Nothing in this paragraph shall prevent the Engineer from employing such independent professional associates and consultants as Engineer deems appropriate, pursuant to the terms of this Agreement.
Arti cle22. T ermi nati on. The District may terminate this Agreement for cause immediately upon notice to Engineer. The District or the Engineer may terminate this Agreement without cause upon thirty (30) days written notice. At such time as the Engineer receives notification of the intent of the District to terminate the contract, the Engineer shall not perform any further services unless directed to do so in writing by the District. In the event of any termination or breach of any kind, the Engineer shall not be entitled to consequential or other damages of any kind (including but not limited to lost profits), but instead the Engineer's sole remedy will be to recover payment for services rendered to the date of the notice of termination, subject to any offsets.
Arti cle23. Recovery of Cos ts and Fees. In the event either party is required to  enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys' fees.
8

Arti cle24.	Acceptance.  Acceptance of this Agreement is indicated by the signature of the authorized representative of the District and the Engineer in the spaces provided below.
IN WITNESS WHEREOF, the parties hereto have caused these present to be executed the day and year first above written.

STOREY CREEK COMMU NITY DE VELOPMEN T DIST RIC T 

Secretary

Witness

ChairNice Chair, Board of Supervisors

BOY DCIVIL ENG INEE RING, INC., a Florida
corporation

By: -	---------------

Its:

_ 	_	 	

 	_ 	_

Ex hi bi tA: Hou rly Rate

9

WORK AUTHORIZAT ION NUMBER1

_	___ 	_, 2019

Storey Creek Community Development District Osceola County, Florida
Subject:	W or kAuthoriz ati on Number 1
S tor eyCreek Communi ty Devel opment Distri ct
Dear Chairman, Board of Supervisors:
Boyd Civil Engineering, Inc., is pleased to submit this work authorization to provide engineering services for the Storey Creek Community Development District. We will provide these services pursuant to our current agreement dated _ __ __J 2019
("Engineering Agreement") as follows:

S cope of W or k 
Storey Creek Community Development District will engage the services of Boyd Civil Engineering, Inc., as Engineer to prepare any necessary reports and attend and participate in meetings of the District's Board of Supervisors as requested by the District.

Fees
Storey Creek Community Development District will compensate Boyd Civil Engineering, Inc., pursuant to the hourly rate schedule contained in the Engineering Agreement in accordance with the terms of the Engineering Agreement. The District will reimburse Boyd Civil Engineering, Inc., all direct costs which include items such as printing, drawings, travel, deliveries, et cetera, pursuant to the Engineering Agreement.

This proposal, together with the Engineering Agreement, represents the entire understanding between the Storey Creek Community Development District and Boyd Civil Engineering, Inc., with regard to the referenced work authorization. If you wish to accept this work authorization, please sign both copies where indicated, and return one complete copy to our office. Upon receipt, we will promptly schedule our services.
Thank you for considering Boyd Civil Engineering, Inc. We look forward to working with you.

Sincerely,

David Reid, P.E.
Boyd Civil Engineering, Inc.

APPROVED AND ACCEPTED

By	­
Authorized Representative of
Storey Creek Community Development District
Date: -----------

-	SECTION V

SECTION A

SECTION 1

R ESOL UT ION2019-21
A RESOL UT ION OF TH E BOARDOF SUPERVISOR S OF TH E   STOR  EY      CREEK  COMM    UNITY		DEVELOPM ENT DIST RICT	ADOPT    ING	RUL ES	OF			PROCED URE; PROVIDING		A	SEVERABIL  ITY		CLAUSE;	AND PROVIDING ANE FFECT IVE DAT E.
WH EREAS, the Storey Creek Community Development District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in the Osceola County, Florida; and
WH ER EAS, Chapter 190, Florida Statutes, authorizes the District to adopt rules to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of District business; and
WH EREAS, the Board of Supervisors finds that it is in the best interests of the District to adopt by resolution the Rules of Procedure attached hereto as Ex hi bit Afor immediate use and application, and to replace those Rules ofProcedure previously adopted by the District; and
WH EREAS, the Board of Supervisors has complied with applicable Florida law concerning rule development and adoption.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE STOREY CREEK COMMUNITY DEVELOPMENT DISTRICT:
SECT ION1. The attached Rules of Procedure are hereby adopted. These Rules of Procedure shall stay in full force and effect until such time as the Board of Supervisors may amend these rules in accordance with Chapter 190, Florida Statutes, and shall replace and supersede any previously adopted Rules of Procedure.
SECT ION2 . This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.
PASSEDANDADOPT EDthis 9th day of September, 2019.

ATTEST:

Print Name:-----	--
SecretaryIAssistant Secretary
Ex hibit A:	Rules of Procedure

STOREY CREEK COMMUNITY DEVELOPMENT DISTRICT

ChairNice Chair

RUL ESOF PROCEDU RE STOREY CREEK
COMMU NITY DEVELOPMENT DIST RICT
TABL EOF  CONT   ENT S

1 .0	General ............................ ............................................................ .......................... .....	2

1. 1
1.2

1.3

Board of Supervisors; Officers and Voting ...................................................	3
District Offices; Public Information and Inspection of Records; Policies;
Service Contract Requirements................ ........... ........................ ............... ....	7
Public Meetings, Hearings, and Workshops ......................... ................ .........	10

2.0
3.0

4.0

Rulemaking Proceedings ............. .............................. .................................. .. ............   15
Competitive Purchase ............ .................................................. ..... .............................   21
3.1 Procedure Under The Consultants' Competitive Negotiation Act ................ 26 3.2 Procedure Regarding Auditor Selection ........................................................ 30 3.3  Purchase of Insurance ....................................................................................  34 3.4 Pre-qualification.............................. ........ . ..................... ......... . ... .................... 36 3.5 Construction Contracts, Not Design-Build ....................................................
3.6	Construction Contracts, Design-Build ......................:....................................	43
3.7	Payment and Performance Bonds. ..................................... ................ ............	48
Goods, Supplies, and Materials .......... .................................... .......................	49
3.9	Maintenance Services .............................. ........................ ..............................
3.10	Contractual Services .................. ............................... ..... ................. ...............	56
3. 11 Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4,
3.5, 3.6, 3.8, and 3.9................................................................................... ....	57
Effective Date ....... ...................... ............................................................... ................	60

1

Rule 1.0
(1) 

(2)

(3)

(4)

General.
The Storey Creek 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.

2

Rule1 .1

(1)

(2)

Boar d  of Superv is ors; Offi  cers a nd  Voti ng .
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 by resident electors must be citizens of the United States of America, residents of the State of Florida and of the District, registered to vote with the Supervisor of Elections of the county in which the District is located, and qualified. The Board shall exercise the powers granted to the District under Florida law.

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

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

Action taken by the Board shall be upon a majority vote of the members present, unless otherwise provided in the Rules or required by law. Subject to Rule 1 .3(10), a Board member participating in the Board meeting by teleconference or videoconference shall be entitled to vote and take all other action as though physically present.

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (l)(c) of this Rule.

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

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District's behalf. The Chairperson shall convene and conduct all meetings of the Board. In the event the Chairperson is unable to attend a meeting, the Vice-Chairperson shall convene and conduct the

3

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 le ast 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 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 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 ofthe District.

4

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.

Meetine:s. 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 ofthe Board and Committees serving an advisory function shall be open to the public in accord withthe provisions of Chapter 286 ofthe Florida Statutes.

Voting Conflict of lnterest. The Board shall comply with Section 112.3 143 ofthe 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 Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member's special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and
daughter-in-law.

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

Ifthe 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

5

Board member is prohibited from voting on the matter at issue. In the event that the Board member intends to abstain or is prohibited from voting, such Board member shall not participate in the discussion on the item subject to the vote.

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

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

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

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

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

6

Rule 1.2

(1) 

District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements.
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 ofthe Board;
Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;

Adopted engineer's reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;
Limited Offering Memorandum for each financing undertaken by the District;

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

District policies and rules;

Fiscal year end audits; and
Adopted budget for the current fiscal year.

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

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

7

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

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

Fees: Copies. Copies of public records shall be made available to the requesting person at a charge of $0. 15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches. For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1 .00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of an individual who is qualified to perform the labor. For purposes of this Rule, the word "extensive" shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in the 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. After the request has been fulfilled, additional payments or credits may be due.

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

8

Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.
Specific Authority: §§ 190.011(5), 190.01 1(15), Fla. Stat. Law Implemented: §§ 190.006, 1 19.07, Fla. Stat.

9

Rule1.3
(1)

Publi cMeeti ngs, H eari ngs, and Wo rksho ps.
Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. "General circulation" means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general public. The annual meeting notice required to be published by Section
1 89.41 7 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 language: "Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at 407-841-5524. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955- 8770, who can aid you in contacting the District Office."

The following 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."

10

The following 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 notice and an agenda of the meeting/hearing/workshop. The notice and agenda shall be available to the public at least seventy-two (72) hours before the meeting/hearing/workshop except in an emergency. For good cause, the agenda may be changed after it is first made available for distribution. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.

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

Call to order Roll call
Public comment Organizational matters Review of minutes
Specific items of old business Specific items of new business Staff reports
District Counsel
District Engineer
District Manager
Financial Report
Approval of Expenditures Supervisor's requests and comments Public comment
Adjournment

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

Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office.

11 

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 ifthe Chairperson is unavailable, may convene an emergency meeting of the Board without first having complied with sections (1) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District's website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.
Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The portion of the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.
Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
190.008 of the Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.
Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.
Participation by TeleconferenceNideoconference. District staff may participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment ofthe Board extraordinary circumstances exist; provided however,

12 

at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.

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

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

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

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

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

Attorney-Client Sessions. An Attorney-Client Session is permitted when the District's attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District's attorneys must request such session at a public meeting. Prior to holding the Attorney-Client Session, the District must give reasonable public notice ofthe time and date of the session and the names of the persons anticipated to attend the session. The session must commence at an open meeting in which the Chairperson or Vice-Chairperson announces the commencement of the session, the estimated length ofthe session, and the names of the persons who will be attending the session. The discussion during the session is confined to settlement negotiations or strategy related to litigation expenses or as may be authorized by law. Only the Board, the District's attorneys (including outside counsel), the District Manager, and the court reporter may attend an Attorney-Client Session. During the session, no votes may be taken and no fmal 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

13 

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.

Specific Authority: §§ 190.01 1(5), 1 90.011(15), Fla. Stat.
Law Implemented: §§ 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0114, Fla. Stat.

14 

Rule 2.0
(I)

(2)

Rulemaking Proceedings.
Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A "rule" is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the District ("Rule"). Nothing herein shall be construed as requiring the District to consider or adopt rules unless required by Chapter 1 90 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice ofRule 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
(3) of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subject area to be addressed by rule development, provide a short, plain explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

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

Notice of Proceedings and Proposed Rules.

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

15 

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 ofnotice.

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. Notice will then be mailed to all persons whom, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its proceedings.

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.

16 

Rulemaking Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment ofthe 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 ofthe facts and circumstances justifying the proposed rule;

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

The published notice.

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

Emergencv 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.

17 

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

The texts of the proposed rule and the adopted rule; 

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

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

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

All notices and findings pertaining to an emergency rule. (1 1)	Petitions to Challenge Existing Rules.
Any person substantially affected by a rule may seek an administrative determination of the invalidity of the rule on the ground that the rule is an invalid exercise of the District's authority.

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

The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agreement of the parties. The failure of the District to follow the applicable rulemaking procedures or requirements in this Rule shall be presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner and the fairness ofthe 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

18 

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

Administer oaths and affirmations;

Rule upon offers ofproof and receive relevant evidence;

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

\Enter orders; and

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

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

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

Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person, and when application of the rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes ofthis 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

19 

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

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

The Board shall grant or deny a petition for variance or waiver, and shall announce such disposition at a publicly held meeting of the Board, within sixty (60) days after receipt ofthe original petition, the last item oftimely requested additional material, or the petitioner's written request to finish processing the petition. The District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

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

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

20

Rule 3.0
(1) 

(2)

(3)

Competitive Purchase.
Purpose and Scope.	In order to comply with Sections 1 90.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply to the purchase of Professional Services, insurance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.

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

Definitions.

"Competitive Solicitation" means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award ofa 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 one million dollars ($1 ,000,000), for a study activity when the fee for such Professional Services to the District does not exceed fifty thousand dollars ($50,000), or for work ofa specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

"Contractual Service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes, and these Rules. Contractual Services also do not include any contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of any facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 ofthe Florida Statutes, and Rules 3.� or 3.6.

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

21 

"Design-Build Firm" means a partnership, corporation or other legal entity that:
Is certified under Section 489.119 of the Florida Statutes, to engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or
Is certified under Section 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section
481 .219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 of the Florida Statutes, to practice or to offer to practice landscape architecture.
"Design Criteria Package" means concise, performance-oriented drawings or specifications for a public construction proj ect. 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 proj ect, 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 proj ect, cost or budget estimates, design and construction schedules, site development requi rements, 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 ofthe firms, including the partners and members thereof.
"Design Criteria Professional" means a firm who holds a current certificate of registration under Chapter 481 of the Florida Statutes, to practice architecture or landscape architecture, or a firm who holds a current certificate as a registered engineer under Chapter 471 of the Florida Statutes, to practice engineering, and who is employed by or under contract to the District to provide professional architect services, landscape architect services, or engineering services in connection with the preparation of the Design Criteria Package.
"Emergency Purchase" means a purchase necessitated by a sudden unexpected turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances

22

where the · time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

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

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

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

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

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

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

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

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

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

23

"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 ofthe entity/individual for the District and in other professional employment;

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

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

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

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

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

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

24

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

Specific Authority: §§ 190.01 1(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.

25

Rule3 .1

(1) 

Pro ced ure Und er Th eCo nsutl ant s' Co m peti ti ve Negotiatio ns Act.
Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
287.017 of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

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

Hold all required applicable federal licenses in good standing, ifany;

Hold all required applicable state professional licenses in good standing;

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. Consultants who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail. The Board has the right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not

26

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) qualification packages, including packages indicating a desire not to provide Professional Services on a given Project, are received.

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

Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all

27

consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall includ� the following statement: "Failure to file a protest within the time prescribed in Rule 3.1 1 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's ranking decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11. 

Competitive Negotiation.

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

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

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

Should the District be unable to negotiate a satisfactory agreement with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

28

(7)

(8)

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

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

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

Specific Authority: §§ 190.01 1 (5), 1 90.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 190.01 1(3), 190.033, 287.055, Fla. Stat.

29

Rul e3.2	Proced ure Reg ard ing Audi tor Sel ect ion.
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.

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 audit selection committee appointed by the Board as described in section (2) ofthis Rule.

Establishment of Audit Committee. Prior to a public announcement under section
(4) of this Rule that Auditing Services are required, the Board shall establish an audit 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 should include at least three individuals, some or all of whom may also serve as members of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting ofthe Board.

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

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

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

Hold all required applicable state professional licenses in good standing;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with

30

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;

Understanding of scope of work;

Ability to furnish the required services; and

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

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

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

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals ("RFP"). The RFP shall provide information on how proposals are to· be evaluated and such other information the Committee determines is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

Committee's Evaluation of Proposals and Recommendation. The Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals and may, as part of

31 

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 finn shall be undertaken. The Board may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms' respective  competence  and  qualifications.   Negotiations  shall  continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

Where compensation was selected as a factor used in evaluating the proposals, the Board shall select the highest-ranked qualified firm.

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

32

both parties. The written contract shall include all provisions and conditions of the procurement ofsuch 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 July 1 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. No contract shall continue, or allow the contract to be renewed, for a period of more than three years from the date of its execution. A renewal may be done without the use of the auditor selection procedures provided in this Rule, but must be in writing.

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

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.1 1 of the Rules of the  District  shall  constitute  a  waiver  of proceedings  under  those  Rules,11      or wording to that effect. Protests regarding the award of contracts under this Rule shall be as provided for in Rule 3.1 1. No proposer shall be entitled to recover any costs ofproposal preparation or submittal from the District.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 119.07, 218.391, Fla. Stat.

33 

Rule 3.3
(1) 

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

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

The Board shall cause to be prepared a Notice of lnvitation 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. Persons who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail.

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

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

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

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

34

Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3 .11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3.11. 

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 1 12.08, Fla. Stat.

35

Rule3 4.
(1) 

(2)

Pre-q uailfi cati on
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 ofthe 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 naihe 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

36

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 the required applicable state professional licenses in good standing;
Hold all required applicable federal licenses in good standing, if any;
Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the vendor is a corporation; and
Meet any special pre-qualification requirements set forth in the Request for Qualifications.
Evidence of compliance with these Rules must be submitted with the qualifications if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the qualifications.
Qualifications shall be presented to the Board, or a committee appointed by the Board, for evaluation in accordance with the Request for Qualifications and this Rule. Minor variations in the qualifications may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature.
All vendors determined by the District to meet the pre-qualification requirements shall be pre-qualified. To assure full understanding of the responsiveness to the requirements contained in a Request for Qualifications, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion and revision of qualifications. For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the project.
The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of qualification preparation or submittal from the District.

37

G) Notice of intent to pre-qualify, including rej ection of some or all qualifications, 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 pre-qualification decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.1 1; 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(l)(b) ofthe Florida Statutes.

Specific Authority: §§ 190.01 1(5), 1 90.01 1(15), Fla. Stat.
Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

38

Rule3 5.
(1)

(2)

Const ruct ionC ont racts, Not Desi gn-Bui ld.
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 ofthe Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and the procedures of Section 255.20 of the Florida Statutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.

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

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

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the District and in the county in which the District is located. The notice shall also include the amount of the bid bond, if one is required. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, proposals, replies, or responses, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of bids, proposals, replies, or responses. If the Board has previously pre-qualified contractors pursuant to Rule 3.4 and determined that only the contractors that have been pre-qualified will be permitted to submit bids, proposals, replies, and responses, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation need not be published. Instead, the Notice of Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.

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

39

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 the required applicable state professional licenses in good standing;

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

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

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

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding  subjects such as safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

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

Bids, proposals, replies, and responses, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1 .3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting, and shall be made available upon
request. Minutes should be taken at the meeting and maintained by the District. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals,

40

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.

G) 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 3.1 1 of the
Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3 .11. 

41 

(k) 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 whatever steps reasonably necessary in order to proceed with the procurement of construction services, which steps may include a direct purchase ofthe construction services without further competitive selection processes.
Sole Source: Government. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by governmental agencies are exempt from this Rule. This Rule shall not apply to the purchase of construction services, which may include goods, supplies, or materials, that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules. A contract for construction services is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the. appropriation process.
Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.
Emergency Purchases. The District may make an Emergency Purchase without complying with these rules. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting.
Exceptions. This Rule is inapplicable when:
The project is undertaken as repair or maintenance of an existing public facility;
The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;
The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or
The District, after public notice, conducts a public meeting under Section
286.0 11 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the proj ect using its own services, employees, and equipment.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 189.4221, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

42

Ru le3.6
(1) 

(2)

Const ru cti onCont racts,  Design-Bui ld.
Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board determines that use ofsuch contract is in the best interest ofthe District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

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

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

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications based selection process pursuant to Rule 3 .1. 

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

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

43

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

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 ofreceipt of the proposals:

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

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

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

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

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

44

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

The proposals, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1 .3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting, and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. In consultation with the Design Criteria Professional, the Board shall evaluate the proposals received based on evaluation criteria and procedures established prior to the solicitation of proposals, including but not limited to qualifications, availability, and past work of the firms and the partners and members thereof. The Board shall then select no fewer than three (3) Design­ Build Firms as the most qualified.

The Board shall have the right to reject all proposals if 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) proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no proposals are received, the District may take whatever steps reasonably necessary in order to proceed with the procurement of design-build services, which steps may include a direct purchase of the design-build services without further competitive selection processes.

Notice of the rankings adopted by the Board, including the reje"ction of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement:   "Failure to file a protest within the time prescribed in Rule 3.1 1 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's rankings under this Rule shall be in accordance with the procedures set forth in Rule 3 .1 1. 

45

(3)

(4)

(5)

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Failing accord with the second most qualified firm, the Board must terminate negotiations. The Board shall then undertake negotiations with the third most qualified firm. 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 offirms is exhausted.
After the Board contracts with a firm, the finn shall bring to the Board for approval, detailed working drawings ofthe project.
The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and proj ect construction with the Design Criteria Package, and shall provide the Board with a report ofthe same.
Contracts: Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.
Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified Design-Build Finn available at the time. The fact that an Emergency Purchase has occurred shall be noted in the minutes of the next Board meeting.
Exceptions. This Rule is inapplicable when:
The project is undertaken as repair or maintenance of an existing public facility;
The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;

46

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

The District, after public notice, conducts a public meeting under Section
286.011 ofthe 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: §§ 1 19.07, 189.4221, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.

47

Ru le3.7
(1) 

(2)

(3)

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

Required Bond. Upon entering into a contract for any ofthe 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.

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

Specific Authority: §§ 190.01 1(5), 190.01 1(15), Fla. Stat. Law Implemented: § 255.05, Fla. Stat.

48

Rule3 8.

(1) 

(2)

Goo d s, Suppil es, and Mat eri al s.
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 ofthis 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 ofbids, proposals, replies, or responses.

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

Ifthe District has pre-qualified suppliers ofgoods, 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 the required applicable state professional licenses m good standing;

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

49

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 ofthe Florida Statutes, ifthe 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 ofcompliance 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 �y 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 talcing 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. Ifthe 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

50

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.

G)

(k)

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) bids, proposals, replies, or responses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take whatever steps reasonably necessary in order to proceed with the procurement of goods, supplies, and materials, which steps may include a

51 

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 period that may not exceed three (3) years or the term of the original contract, whichever period is longer.

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

Specific Authority: §§ 190.011 (5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.4221, 190.033, 287.017, 287.084, Fla. Stat.

52

R ule3 .9
(1) 

(2)

M aint en ance Servi ces .
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.

Ifthe 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 the required applicable state professional licenses m good standing;

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

53

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

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

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

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

The lowest Responsive Bid submitted in response to an Invitation to Bid by a Responsive and Responsible Bidder shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate or Competitive Solicitation the Board shall select the Responsive Proposal, Reply, or Response submitted by a Responsive and Responsible Vendor which is most advantageous to the District. To assure fuH 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

54

entitled to recover any costs of bid, proposal, reply, or response preparation or submittal fromthe 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 .1 1 of the Rules of the
District shall constitute a waiver of proceedings under those Rules," or wording  to  that  effect.    Protests  of  the  District's  procurement  of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.1 1. 

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take whatever steps reasonably necessary in order to proceed with the procurement of maintenance services, which steps may include 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 period that may not exceed three (3) years or the term of the original contract, whichever period is longer.

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

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

Specific Authority: §§ 190.011 (5), 190.01 1(15), 190.033, Fla. Stat.
Law Implemented: §§ 11 9.07, 190.033, 287.017, Fla. Stat.

55 

Rule3.10
(1)

(2)

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

Specific Authority: §§ 190.01 1(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 190.011(3), 190.033, Fla. Stat.

56

Ruel 3 1 1	Prote st sW ith Re spe ct  T oProcee ding sun de r Ruel  s3 1, 3 2, 3 3,
3 4, 3 5, 3 6, 3.8, an d 3 9.
The resolution of any protests with respect to proceedings under Rules 3.1, 3 .2, 3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule. 

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

Except for those situations covered by subsection (1 )(a) of this Rule, any firm or person who is affected adversely by a District's ranking or intended award under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9 and desires to contest the District's ranking or intended award, shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of the notice of the District's ranking or intended award. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's ranking or intended award. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.

If disclosed in the District's competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9, the Board may require any person who files a notice of protest to post a protest bond in the amount equal to 1 % ofthe anticipated contract amount

57

that is the subject of the protest. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall . be distributed as agreed to by the District and protestor.

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

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

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

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 ofthe 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 ofproof and receive relevant evidence;

Regulate the course ofthe hearing, including any pre-hearing matters;
Enter orders; and

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

58

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 (1 5) 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 j oin the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.
Rejection of all Qualifications. Bids, Proposals, Replies and Responses after Receipt of Notice ofProtest. Ifthe Board determines there was a violation of law, defect or an irregularity in the competitive solicitation process, or if the Board determines it is otherwise in the District's best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.
Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.
Specific Authority: §§ 190.011 (5), 190.011(15), Fla. Stat. Law Implemented: § 190.033, Fla. Stat.

59

Rule4 0	Eff ecti ve Dat e

These Rules shall be effective ---------� 201 9, 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), 190.01 1(15), Fla. Stat.
Law Implemented: §§ 190.01 1 (5), 190.011(15), Fla. Stat.

SECTION 8

SECTION 1

RESOL UT ION2019-22
RESOL UT ION OF TH E BOARD OF SUPERVISORS OF  TH E STOREY    CREEK    COMMUNITY	DEVELOPMENT D IST RICT EXPRESSING	IT S	INT ENT		TO		UT IL IZ E	TH E U NIFORM METHODOFL EVY ING, COLL ECT ING, AND ENFORC ING NON AD   VALOREM  ASSESSMENT  S WH  ICH   MAY     BE LE  VIED BY TH E	STOREY		CREEK	COMMU                        NITY	DEVELOPMENT DIST RICT	IN		ACCORDANCE         W ITH	SECT ION	197.3632, FLORIDA STAT UT ES; PROVIDING A SEVERABIL ITY CLAUSE; ANDPROVIDING AN EFFECT IVE DAT E.
WHE REAS, the Storey Creek Community Development District ("District") was established pursuant to the provisions of Chapter 190, Florida Statutes, which authorizes the District to levy certain assessments that include benefit and maintenance assessments, and further authorizes the District to levy special assessments pursuant to Chapters 170 and 197, Florida Statutes, for the acquisition, maintenance, construction, or reconstruction of assessable improvements authorized by Chapter 190, Florida Statutes; and

WH EREAS, the above referenced assessments are non-ad valorem in nature and, therefore, may be levied and collected under the provisions of Section 197.3632, Florida Statutes, in which the State of Florida has provided a uniform method for the levying, collecting, and enforcing such non-ad valorem assessments ("Uniform Method"); and
WHE REAS, pursuant to Section 197.3632, Florida Statutes, the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Osceola County for four (4) consecutive weeks prior to such hearing; and

WH EREAS, the District has held a public hearing pursuant to Section 197.3632, Florida Statutes, and received testimony from the public and landowners regarding the use of the Uniform Method; and
WHE REAS, the District desires to use Uniform Method for the levy, collection and enforcement of non-ad valorem special assessments authorized by Section 197.3632, Florida Statutes, for special assessments, including benefit and maintenance assessments, over the lands described in Exhibit A.
NOW, THE REFORE, BE IT RESOL VED BY TH E BOARD OF SUPERVISORS OF TH E  STOREY CREEK COMMUNITY DEVELOPMENT DIST RICT:
SECT ION1 . The Storey Creek Development District, upon conducting its public hearing as required by Section 197.3632, Florida Statutes, hereby expresses its intent to use the Uniform Method of collecting assessments imposed by the District as

Page 1 of 2

provided in Chapters 1 70 and 190, Florida Statutes, each of which are non-ad valorem assessments which may be collected annually pursuant to the provisions of Chapter 190, Florida Statutes, for the purpose of paying principal and interest on any and all of its indebtedness and for the purpose of paying the cost of operating and maintaining its assessable improvements. The legal description of the boundaries of the real property subject to a levy of assessments is attached and made a part of this Resolution as Ex hibit
The non-ad valorem assessments and the District's use of the Uniform Method of collecting its non-ad valorem assessment(s) may continue in any given year when the Board of Supervisors determines that use of the Uniform Method for that year is in the best interests of the District.
SECT ION2 . This Resolution shall become effective upon its passage and the District's Secretary is authorized and directed to provide the Property Appraiser and Tax Collector of Osceola County and the Department of Revenue of the State of Florida with a copy of this Resolution.
SECT ION3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.
SECT ION4 . This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.
PASSE DANDADOPTE Dthis 9th day ofSeptember, 2019.

ATTEST:

Secretary/Assistant Secretary Print Name
Ex hibitA:	Legal Description

STOREY	CREEK	COMMUNITY DE VELOPME NT DIST RICT

ChairNice Chair, Board of Supervisors

Page 2 of 2

LEGAL DESCRIPTION
PARCEL NO. 1
ALL OF GOVERNMENT LOT FOUR (4) OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 28 EAST, IN OSCEOLA COUN1Y, FLORIDA, EXCEPT THE FOLLOWING TWO TRACTS: (TRACT NO, 1) BEGINNING AT THE NORTHWEST CORNER OF THE SE 1/4 (GOVERNMENT LOT 4) OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 28 EAST, AND RUN THENCE SOUTH 649 FEET; EAST 1221 FEET; NORTH 649 FEET AND WEST 1221 FEET TO POINT OF BEGINNING. (TRACT NO. 2) ALL OF LOTS G-7, H-8, I-9, K-11, L-12 ACCORDING TO THE OFFICIAL PLAT OF MARY B. MORGAN'S SUBDMSION OF LOT 4 OF SECTION 1, TOWNSHIP 26 SOUTH, RANGE 28 EAST, RECORDED AMONG THE PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, IN PLAT BOOK A, PAGE 43.
PARCEL NO. 2
�LL OF GOVERNMENT LOT 1, IN SECTION 12, TOWNSHIP 26 SOUTH, RANGE 28 EAST. ALSO KNOWN AS THE NE 1/4 OF THE NE 1/4 OF SECTION 12, TOWNSHIP 26 SOUTH, RANGE 28 EAST, OSCEOLA COUNTY, FLORIDA.
LESS AND EXCEPT: THAT PORTION LYING IN THE RIGHT OF WAY OF SHADOW DRIVE AS DEPICTED ON THE PLAT OF CYPRESS SHADOWS PHASE ONE, AS RECORDED IN PLAT BOOK 8, PAGE 149 AND 150, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.
AND LESS AND EXCEPT: THAT PORTION LYING IN RIGHT OF WAY OF S.R. 535, ACCORDING TO ROAD MAP BOOK 1, PAGE 97, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.
AND LESS AND EXCEPT: THAT PORTION LYING IN RIGHT OF WAY OF S.R. 535, BY VIRTUE OF STIPULATED ORDER OF TAKING RECORDED IN OFFICIAL RECORDS BOOK 2872, PAGE 306, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA AND BY VIRTUE OF TRUSTEE'S DEED RECORDED IN OFFICIAL RECORDS BOOK 3254, PAGE 1471, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA.
PARCEL NO. 3
THE NE 1/4 OF THE SW l/4 AND THE S l/2 OF THE SW 1/4 OF SECTION 6, TOWNSHIP 26 SOUTH, RANGE 29 EAST, (LESS AND EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 24, ORANGE BLOSSOM ACRES, AS RECORDED IN PLAT BOOK 2, PAGE 40, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, RUN WEST ON A PROJECTION OF THE CENTERLINE OF CITRUS STREET, 202.16 FEET TO THE POINT OF BEGINNING; CONTINUE WEST 477.84 FEET; RUN THENCE SOUTH 395.0 FEET; RUN THENCE EAST
477.84 FEET; RUN THENCE NORTH 395.00 FEET TO THE POINT OF BEGINNING. ALSO LESS: BEGINNING AT THE SOUTHWEST CORNER OF LOT 24, ORANGE BLOSSOM ACRES, AS RECORDED IN PLAT BOOK 2, PAGE 40, PUBLIC RECORDS OF OSCEOLA COUNTY, FLORIDA, RUN WEST ON A PROJECTION OF THE CENTERLINE OF CITRUS STREET, 202.16 FEET; THENCE SOUTH 395.00 FEET; RUN THENCE EAST, 202.16 FEET TO THE WEST LINE OF SAID SUBDIVISION OF ORANGE BLOSSOM ACRES; THENCE NORTH, ALONG THE SAID WEST LINE, 395.0 FEET TO THE POINT OF BEGINNING).
PARCEL NO. 4
THE EAST 1/2 OF THE NW 1/4 AND THE NW 1/4 OF THE NW 1/4 OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 29 EAST.
AND
THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 AND THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 7, TOWNSHIP 26 SOUTH, RANGE 29 EAST, OSCEOLA COUNTY, FLORIDA..

8

CONTAINI('JG 389.39± ACRES

- ' BOYD CML	 	
E N G I N E E R I N G

r-

STOREY CREEK COD EXHIBIT 2

,	tlttHanQMIMN,11Nd,
Drwdo.,L JllGJ
40'U94-HN,_,.

DATE: 8/4/2016 
PROJECT NO.: 1007.003

 	LEGAL DESCRIPTION	

SECTl-"ON·C

SECTION 1

RESOL  UT ION2019-23
TH E ANNUAL APPROPRIAT ION RE SOL UT ION OF TH E STOREY CREEK COMMUNITY  DEVELOPMENT  DIST RICT ( TH E" DIST RICT") RELAT ING TO TH E ANNUAL APPROPRIAT IONS AND ADOPT ING TH E BUDG ET   FOR  TH E FISCAL  Y EARS BEG INNING  OCTOBER 1, 2018 AND ENDING  SEPT EMBER30, 2019 ANDBEG INNING OCTOBER
1, 2019 AND ENDING SEPT EMBER30, 2020 .
WHE REAS, the District Manager has submitted to the Board of Supervisors (the "Board") a proposed budget for the current budget year along with an explanatory and complete financial plan for each fund of the Storey Creek Community Development District, pursuant to the provisions ofSection 190.008(2)(a), Florida Statutes; and
WH EREAS, prior to the adoption of the proposed annual budget (the "Proposed Budget"), the District filed a copy of the Proposed Budget with the local governing authorities having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and
WH EREAS, the Board set September 9, 2019, as the date for a public hearing thereon and caused notice of such public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and
WH EREAS, the District Manager posted the Proposed Budget on the District's website at least two days before the public hearing; and
WH EREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the District Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year; and
WH EREAS, the District Manager has prepared a Proposed Budget, whereby the budget shall project the cash receipts and disbursements anticipated during a given time period, including reserves for contingencies for emergency or other unanticipated expenditures during the fiscal year.
NOW, TH EREFORE, BE IT RESOL VED BY TH E  BOARD  OF SUPERVISORS  OF  TH E  STOREY  CREEK   COMMUNITY DEVELOPMENT DIST RICT:
Sect ion1 .	Bud get
That the Board of Supervisors has reviewed the District Manager's Proposed Budget, a copy of which is on file with the office of the District Manager and at the District's Records Office, and hereby approves certain amendments thereto, as shown in Section 2 below.

1

That the District Manager's Proposed Budget, attached hereto as Exhibit "A," as amended by the Board, is hereby adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes, and incorporated herein by reference; provided, however, that the comparative figures contained in the adopted budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures for Fiscal Years 2018 and/or revised projections for Fiscal Year 2019 and 2019 and/or revised projections for Fiscal Year 2020.

That the adopted budget, as amended, shall be maintained in the office of the District Manager and at the District's Records Office and identified as "The Budget for the Storey Creek Community Development District for the Fiscal Years Ending September 30, 2019 and September 30, 2020," as adopted by the Board of Supervisors on September 9, 2019.

The final adopted budget shall be posted by the District Manager on the District's official website within thirty (30) days after adoption.

Section 2.	Appropriations
There is hereby appropriated out of the revenues of the Storey Creek Community Development District, for the fiscal year beginning October 1, 2018, and ending September 30, 2019 and the fiscal year beginning October 1, 2019, and ending September 30, 2020, the sum of
$	from the General Fund, to be funded by a Developer Funding Agreement,
raised by the levy of assessments, or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year.

Section 3.	Supplemental Appropriations
Pursuant to Section 1 89.418(6), Florida Statutes, the following provisions govern amendments to the budget(s) for any particular fund(s) listed above:

	The Board may authorize an increase or decrease in line item appropriations within a fund by motion recorded in the minutes if the total appropriations of the fund do not increase.

	The District Manager or Treasurer may authorize an increase or decrease in line item appropriations within a fund if the total appropriations of the fund do not increase and if the aggregate change in the original appropriation item does not exceed $10,000 or 10% ofthe original appropriation.

	By resolution, the Board may increase any appropriation item and/or fund to reflect receipt of any additional unbudgeted monies and make the corresponding change to appropriations or the unappropriated balance.

2

	Any other budget amendments shall be adopted by resolution and consistent with Florida law.
The District Manager or Treasurer must establish administrative procedures to ensure that any budget amendments are in compliance with this Section 3 and Section 1 89.4 18 of the Florida Statutes, among other applicable laws.
Introduced, considered favorably, and adopted this 9th day of September, 20 19.

ATTEST:

Secretary/Assistant Secretary

STOREY	CREEK	COMMUNITY DEVELOPMENT	D IST RICT

Chairperson, Board of Supervisors

Ex hibitA:	Fiscal Years 201 8/2019 & 201 9/2020 Budget

3

•	•	•	•	•	•

• • • • • ••

Storey Creek Community Development District

Proposed Budget
FY 2019 & FY 2020

•	•	•	•	•	•

Table of Contents

1	 	General  Fund

 	General Fund Narrative

Storey Creek	

Proposed Budget		

Proposed Budget	
Description	FY2019 		FY2020	
Revenues				
Developer Contributions	$28 ,081 		$87 ,800	
Total Revenues	$28,081 		$87,800	
Expenditures				
Administrative				
Supervisor Fees	$0		$0	
FICA Expense	$0		$0	
Engineering*	$3,000		$12 ,000	
Attorney*	$6,250		$25,000	
Management Fees*	$8,750		$35,000	
Website Creation	$2,275		$0	
Information Technology*	$300		$1 ,200	
Telephone*	$75		$300	
Postage*	$250		$1 ,000	
Insurance*	$1 ,375		$5,500	
Printing & Binding*	$250		$1 ,000	
Legal Advertising	$5,000 		$5,000	
Other Current Charges*	$250		$1 ,000	
Office Supplies*	$1 56		$625	
Dues, Licenses & Subscriptions	$1 50		$1 75	
Total Expenditures	$28,081 		$87,800	

Excess Revenues/(Expenditures)	
$0 		
 	$ 0 	
*FY19 Prorated amount represents 3 months of fiscal year.				

Commu n ity Development District

Storey Creek
Community Development District
GENERAL FUND BUDGET

REVENUES:

Oeve/Qper Contributions
The District will enter into a Funding Agreement with the Developer to fund the General Fund expenditures for the Fiscal Year.

EXPENDITURES:

Administrative:

Supervisor Fees
Chapter 190, Florida Statutes, allows for each Board member to receive $200 per meeting, not to exceed $4,800 per year paid to each Supervisor for the time devoted to District business and meetings. No expense for this line item is anticipated at this time.

FIC A Exoense
Represents the Employer's share of Social Security and Medicare taxes withheld from Board of Supervisor checks.

Engineering
The District's engineer will be providing general engineering services to the District,
e.g. attendance and preparation for monthly board meetings, review invoices, etc.
Attornev
The District's legal counsel will be providing general legal services to the District,
e.g. attendance and preparation for monthly meetings, preparation a nd review of agreements, resolutions, etc.

Management Fees
The District receives Management, Accounting and Administrative services as part of a Management Agreement with Governmental Management Services.

Website Creation
Represents an estimated cost to create the initial District website and ensure District meets ADA compliance guidelines.

2

Storey Creek
Community Development District
GENERAL FUND BUDGET

Informati o n Technoloqv
Represents costs related to the District's accounting and information systems, District's website creation and maintenance, electronic compliance with Florida Statutes and other electronic data requirements.
Telephone
Telephone and fax machine.
Postage
Mailing of agenda packages, overnight deliveries, correspondence, etc.
Insurance
The District's general liability, public officials liability and property insurance coverages.
Printing & Binding
Printing and Binding agenda packages for board meetings, printing of computerized checks, stationary, envelopes etc.
LegalAdvertising
The District is required to advertise various notices for monthly Board meetings, public hearings, etc in a newspaper of general circulation.
Other Current Charges
Bank charges and any other miscellaneous expenses incurred during the year.
Office Supplies
Miscellaneous office supplies.
Dues, License s & Subscriptions
The District is required to pay an annual fee to the Florida Department of Economic Opportunity for $175. This is the only expense under this category for the District.

3

-	-- --- 

SECllON VI

.
SECTt-·ON -C

SECTION 1

Storey Creek
Community Development District

Payee

1	Boyd Civil Engineering
Inv# 02380 - Professi onal Services -July 2019

Z	Department of Economic Opportunity
lnvlt73045 - Prorated FY2019 Special District Fee -July 2019

Governmental Management Services-CF, LLC
Inv# 1 - Management Fees -July 2019 Inv# 2 - Management Fees - August 2019

Latham, Shuker, Eden & Beaudine, LLP Inv# 86529 - General Counsel -June 2019 lnv#87269 - General Counsel -July 2019

FV19 Funding Request #2 August 30, 2019

General Fund

$	607,90

$	100.00

$	2,916.67
$	2,916.67

$	2,730.50
$	1,653.30

Please make check payable to:

Storey Creek Community Development District
1408 Hamlin Avenue, Unit E
St.Cloud, FL 34771

Tota l:

$	10,925.04

� BOYD CIVIL	6818 Hanging Moss Road • Orlando, Florida 32807

rE  N  G  I  N  E  E  R  I  N  G

INVOICE 

407-494-2693 • www.BoydCivil.com

August 5, 20 19 

SMtro.rGeyeoCrrgeeekFliCntDD

CInvoontricea:ct
w3

01 21 43800.000

S1t.40C8loHuadm, lFinL A34vnenul e, Unit E

BY· -------------

\-�O-S\'?,- 3.l
(n,	' O)� k3

July I, 20 1 9- July 28, 20 19 

Re:	SMtiosrceeyllaCnereoeuks CHDouDrly Tasks as Requested

Description

$	185.00  $	555.00

Professional Services:

Da7t/e1d/19

S. Boyd - District Engineer - Attending Initial COD Meeting

Hours

3

Hourly Rate Total Fee

Total	3.00	$	555.00

Reimbursable Expenses:
Date	IDescrrptlon	I	Miles	R0a.5t8e	Ii   Am$5o2u.9n0tJ!	
7/1/2019	j St r y Creek COD Meeting ·-·--- - ..
I
jTotal Reimbursable Expenses	2	0.58	l	$0.oo l	
				
---		I	-� -�---	I	$52.901
I	

Total Amount Due:	$ 607.90

Q  U  A  L  I T Y	•	E X P E R I E N C E	•	R E S P O N S I V E N E S S  

Florida Department of Economic Opportunity, Special District Accountability Program FY 2018/2019 Special District Fee Invoice and Update Form
Required by Sections 189.064 and 1 89.018, Florida Statutes, and Chapter 73C-24, Florida Administrative Code
  Invoice No.: 73045				 Annual Fee: $100.00	Late Fee: $0.00	Received: $0.00	Total Due. Postmarked b ·
STEP 1: Review the following Information, make changes directly on the form, and sign and date:
Special District's Name, Registered Agent's Name, and Registered Office Address:

Storey Creek Community Development District Ms. Jan Albanese Carpenter
Latham Shuker Eden and Beaudine, LLP 111 North Magnolia Avenue, Suite 1400
Orlando, FL 32801

FLORIDA. OEPAATMENT</ ECONOMIC OPPORTUNITY

5Y

# L1 
I -0\o -�r3 -
FYl9 �cict.l\)Ls\vid f«_

Telephone:
Fa1t:
E;niall:
Status:
Governing Body:
Website Address:
County(ies):
Functlon(s):
1 0. Boundary Map on FIie:
1 �. Creation Document on File:
1 2. Date Establlshed:
1 3. Creation Method:
Local Governing Authority:
. Creation Document(s):
Statutory Authority:
Authority to Issue Bonds:
Revenue Source(s):
Most Recent Update:·

{407) 481 -5800
(407)  481-5801

Elected

jcarpenter@lseblaw.com Independent
Not on file - please provide,b 1  CfA3tJ-;}.(;;.L)
Osceola
Community Development 07/26/2019 
07/26/2019 
06/1 9/20 19 
Local Ordinance Osceola County
County Ordinance 1 9-56 Chapter 190, Florida Statutes Yes
Assessments 07/29/2019

BY:______________

I do hereby certify that the Information above (changes noted if necessa ) Is accurate and complete asf'_f this date.

Registered Agent's Signature: --

:_:::;

"'---=-------- Date _i_)_5_!_11 '                 1	

:z:::==
STEP 2: Pay the annual fee or certify eligibility for

fC;,,"

Pay the Annual Fee: Pay the annual fe online by following the instructions at www.Floridajobs.org/SpecialDlstrictFee or by check payable to the Department of Economic Opportunity.
Or, certify Ellglblllty for the Zero Fee: By Initialing each of the following items, I, the above signed registered agent, do hereby certify that to the best of my knowledge and belief, ALL of the following statements contained herein and on any attachments hereto are true, correct, complete, and made in good faith as of this date. I understand that any Information I give may be verified.
1 . 	This special district and Its Certified Public Accountant determined the special district is not a component unit of a local general-purpose government.
 	 This special district is in compliance with the reporting requirements of the Department of Financial Services.
 	 This special district reported $3,000 or less in annual revenues to the Department of Financial Services on its Fiscal Year 20 1 7/2018 Annual Financial Report (if created since then, attach an income statement verifying $3,000 or less in revenues).
Department Use Only: Approved: 	Denied: 	Reason:	­
STEP 3: Make a copy of this form for your records.
STEP 4: Mail this form and payment (if paying by check) to the Department of Economic Opportunity, Bureau of Budget Management, 1 07 E. Madison Street, MSC 120, Tallahassee, FL 32399-41 24. Direct any questions to (850) 71 7-8430.

1001 Bradford Way

GMS--Central Florida, LLC
Kingi;:ton TN 37763

BIii To:
Storey Creek CDD

Invoice
Invoice #: 1 Invoice Date: 7/1/19
Due Date: 7/1/19 Case:
P.O. Number;

Description
Management Fees - July 2019 
it I �Hd)
l • 3\o-'o\1'.i ·'3'i
n� t-e�", - Ju.\.\�

HourslQty

Rate	Amount
2,916.67	2,916.67

	Total	$2,916.67	
	Payments/Credits	$0.00	
	Balance Due	$2,916.67	

GMS-Central Florida, LLC
1001 Bradford Way
Kingston TN 377153

Bill To:
Storey Creek COD

b : _ -

., :t	.J

Invoice

Invoice #: 2 Invoice Date: 8/1/19
Due Date: 8/1/19
Case:
F>.O. Number:

Description
Management Fees - August 201 9

t;\  (\-{,() 
\-3lt.., �S\� ·n"'\
��"'  ��- A�l9

Hours/Qty	Rate	Amount
2,916.67	2,916.67

	Total	$2,916.67	
	Payments/Credits	$0.00	
	Balance Due	$2,91 6.67	

LATHAM, SHUAKTET ORR,NEEDY SEANT &L ABW EAUDINE, LLP

July 17, 2019
Storey Creek CDD

111 N. MAONOUA AVE, STE 1400 ORLANDO, FLORIDA 32801
POST OFFICE BOX 3353
ORLANDO, FLORIDA 32802
TELEPHONE;   (407) 481-SS00
FACSIMILE:   (407) 481-5801

tj);!l��:,�m
BY: _____________
�Q

c/o Governmental ManagementSErvices -CFL, LLC 1 35 W. Central Blvd, Suite 320

1 ·)\<... ·Sn '' \.S

Orlando, FL 32801	�- °3�,Ydcc,s/CUl

�II �

Matter ID: 7595-001
General

For Professional Services Rendered:

IN V OICE 

I nvolce # 86529
Federal JD # 59-3366512 

"°(

06/1212019 	ACD	sRpeevcieiawl wanardracontmy pdieleedpr,oepnegrtinyeceorsnvceeyrta,nowcenselirsst;aeffimdavl itEanngidnetaxer;adgrraeftemqueitntcflaoirm,	3.90hr	$955.50	
06/1 9/201 9	ACD	fRoervmieewetoinrgga. nizational meeting agenda; review initial drafts of documents; transmit	4.70 hr	$1,151 .50	

parcels to be transferred to the COD.

06121/2019 ACD	Review and comment on form of District Engineer; finalize pending conveyances.	0.80 hr 06/25/2019 JAC	Work on documents for initial board meeting; related emails	1 .20hr
Total Professional Services:

$1 96.00
$426.00
$2, 729. 00

For Disbursements Incurred:

06/30/2019	Document Reproduction Expense

INVOICE SUMMARY

Total Disbursements Incurred:

$1 .50
$1.50

Billed Through: June 30, 2019

For Professional Services:	10. 60 Hours For Disbursements Incurred:
Total Due:

$2, 729.00
$1.50
$2, 730.50

Page 1

LATHAM, SHUKER, EDEN & BEAUDINE, LLP
ATTORNEYS  AT LAW 

August 20, 2019
Storey Creek COD

111 N. MAGNOUA AVE, STE 1400
ORLANDO, FLORIDA 32801 POST OFFICE BOX 3353 ORLANDO, FLORIDA 32802
TELEPHONE: (407) 481-5800
FACSIMlLE:   (407) 481-5801

# Q(\-iO:,
, -om-sr?,-315
��  � /CMllf) /Doc�.

c/o Governmental Management SErvlces -CFL, LLC 135 W. Central Blvd, Suite 320
Orlando, FL 32801	BY: -----·--------
IN V OI CE 

Matter ID: 7595-001
General

For Professional Services Rendered:

Invoice # 87269
Federal ID # 59-3366512

07/01/201 9 ACD	Prepare for and attend meeting; follow up on action items	2.40 hr
07/08/2019 ACD	Follow up emails on lnterlocal agreement; update county	0.40 hr

$588,00
$98.00

07/09/201 9    jms	dFoocllouwmeunptswfrithomCoOurntaynoiznastiiognnaeldMreeotirnded Ordinance and follow up on executed	0.20 hr

$15.00

g	g

07/30/2019  ACD	Review and revise utility conveyances; emails with developer	2.20hr
07/30/2019    jms	Ratteovrnieweyed"s caaglenddarasnd provided notes on attorney related ltems; updated	0.20hr 07/31/2019 KAH	Draft special warranty deed and other documetns for transfer of lift station tract.	1.60 hr
Total Professional Services:

$539.00
$15.00
$392.00
$1,647.00

For Disbursements Incurred:
07/3112019	Document Reproduction Expense

Total Disbursements Incurred:

$6.30
$6.30

Page 1

August 20, 2019

Matter ID: 7595-001

Invoice # 87269
Federal ID # 59-3366512 
INVOICE SUMMARY

For Professional Services; For Disbursements Incurred:

7.00 Hours	$1,647.00
$6.30

_	_	__N_ew_C__arg_es_thl_s_ln_v_o_ic_e:_ 	_(.a..::�"""'1�.        .        .	

Previous Balance: Less Payment and Credits Received:

$2, 730.50
$0.00

BIiied Through: July 31 , 2019

Plus

Outstanding Balance: New Charges this Invoice:
Total Due:

$2, 730. 50
$1,653.30
$4,383.80

Page 2