Rules of Procedure
1
RULES OF PROCEDURE
JULINGTON CREEK PLANTATION COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS
Page
1.0 General....................................................................................................................... 2
1.1 Board of Supervisors; Officers and Voting ................................................... 3
1.2 District Offices; Public Information and Inspection of Records; Policies;
Service Contract Requirements...................................................................... 7 1.3 Public Meetings, Hearings, and Workshops.................................................. 10
2.0 Rulemaking Proceedings ........................................................................................... 15
3.0 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.................................................... 39
3.6 Construction Contracts, Design-Build........................................................... 43
3.7 Payment and Performance Bonds. ................................................................. 48
3.8 Goods, Supplies, and Materials ..................................................................... 49
3.9 Maintenance Services .................................................................................... 53
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
4.0 Effective Date ............................................................................................................ 60
2
Rule 1.0 General.
(1) The Julington Creek Plantation 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.
(2) Definitions located within any section of these Rules shall be applicable within all
other sections, unless specifically stated to the contrary.
(3) 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.
(4) 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.
3
Rule 1.1 Board of Supervisors; Officers and Voting.
(1) 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.
(a) 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.
(b) Three (3) members of the Board shall constitute a quorum for the purposes
of conducting business, exercising powers and all other purposes. A
Board member shall be counted toward the quorum if physically present at
the meeting, regardless of whether such Board member is prohibited from,
or abstains from, participating in discussion or voting on a particular item.
(c) 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.
(d) 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 (1)(c) of this Rule.
(2) 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.
(a) The Chairperson must be a member of the Board. If the Chairperson
resigns from office or ceases to be a member of the Board, the Vice-
Chairperson shall act as the Chairperson until such time as the Board can
hold an election of officers. 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
4
to attend a meeting, the Vice-Chairperson shall convene and conduct the
meeting. The Chairperson or Vice-Chairperson may delegate the
responsibility of conducting the meeting to the District’s manager
(“District Manager”) or District Counsel, in whole or in part.
(b) 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.
(c) The Secretary of the Board serves at the pleasure of the Board and need
not be a member of the Board. The Secretary shall be responsible for
maintaining the minutes of Board meetings and may have other duties
assigned by the Board from time to time. An employee of the District
Manager may serve as Secretary. The Secretary shall be bonded by a
reputable and qualified bonding company in at least the amount of one
million dollars ($1,000,000), or have in place a fidelity bond, employee
theft insurance policy, or a comparable product in the amount of one
million dollars ($1,000,000) that names the District as an additional
insured.
(d) 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.
(e) 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.
5
(f) The Board may assign additional duties to District officers from time to
time, which include, but are not limited to, executing documents on behalf
of the District.
(g) The Chairperson, Vice-Chairperson, and any other person authorized by
District Resolution may sign checks and warrants for the District,
countersigned by the Treasurer or other persons authorized by the Board.
(3) 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.
(4) 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.
(5) Meetings. For each fiscal year, the Board shall establish a schedule of regular
meetings, which shall be published in a newspaper of general circulation in the
county in which the District is located and filed with the local general-purpose
governments within whose boundaries the District is located. All meetings of the
Board and Committees serving an advisory function shall be open to the public in
accord with the provisions of Chapter 286 of the Florida Statutes.
(6) Voting Conflict of Interest. The Board shall comply with Section 112.3143 of the
Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on
matters coming before the Board for a vote. For the purposes of this section,
"voting conflict of interest" shall be governed by 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.
(a) 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.
6
If the Board member was elected at a landowner’s election or appointed to
fill a vacancy of a seat last filled at a landowner’s election, the Board
member may vote or abstain from voting on the matter at issue. If the
Board member was elected by electors residing within the District, the
Board member is prohibited from voting on the matter at issue. In the
event that the Board member intends to abstain or is prohibited from
voting, such Board member shall not participate in the discussion on the
item subject to the vote.
The Board’s Secretary shall prepare a Memorandum of Voting Conflict
(Form 8B) which shall then be signed by the Board member, filed with the
Board’s Secretary, and provided for attachment to the minutes of the
meeting within fifteen (15) days of the meeting.
(b) 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.
(c) 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.
(d) 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.
7
Rule 1.2 District Offices; Public Information and Inspection of Records; Policies;
Service Contract Requirements.
(1) 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:
(a) Agenda packages for prior 24 months and next meeting;
(b) Official minutes of meetings, including adopted resolutions of the Board;
(c) Names and addresses of current Board members and District Manager,
unless such addresses are protected from disclosure by law;
(d) Adopted engineer’s reports;
(e) Adopted assessment methodologies/reports;
(f) Adopted disclosure of public financing;
(g) Limited Offering Memorandum for each financing undertaken by the
District;
(h) Proceedings, certificates, bonds given by all employees, and any and all
corporate acts;
(i) District policies and rules;
(j) Fiscal year end audits; and
(k) Adopted budget for the current fiscal year.
The District Manager shall ensure that each District records office contains the
documents required by Florida law.
(2) Public Records. District public records include all documents, papers, letters,
maps, books, tapes, photographs, films, sound recordings, data processing
software, or other material, regardless of the physical form, characteristics, or
means of transmission, made or received in connection with the transaction of
official business of the District. All District public records not otherwise
restricted by law may be copied or inspected at the District Manager’s office
during regular business hours. Certain District records can also be inspected and
copied at the District’s local records office during regular business hours. All
written public records requests shall be directed to the Secretary who by these
8
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.
(3) 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.
(4) 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.
(5) Records Retention. The Secretary of the District shall be responsible for retaining
the District’s records in accordance with applicable Florida law.
9
(6) 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), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.006, 119.07, Fla. Stat.
10
Rule 1.3 Public Meetings, Hearings, and Workshops.
(1) Notice. Except in emergencies, or as otherwise required by statute or these Rules,
at least seven (7) days, but no more than thirty (30) days public notice shall be
given of any public meeting, hearing or workshop of the Board. Public notice
shall be given by publication in a newspaper of general circulation in the District
and in the county in which the District is located. “General circulation” means a
publication that is printed and published at least once a week for the preceding
year, offering at least 25% of its words in the English language, qualifies as a
periodicals material for postal purposes in the county in which the District is
located, is for sale to the public generally, is available to the public generally for
the publication of official or other notices, and is customarily containing
information of a public character or of interest or of value to the residents or
owners of property in the county where published, or of interest or of value to the
general public. The annual meeting notice required to be published by Section
189.417 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:
(a) The date, time and place of the meeting, hearing or workshop;
(b) A brief description of the nature, subjects, and purposes of the meeting,
hearing, or workshop;
(c) 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
(d) 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 (904) 940-5850. 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.”
(e) 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.”
11
(f) 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.”
(2) 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.
(3) 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
(a) District Counsel
(b) District Engineer
(c) District Manager
1. Financial Report
2. Approval of Expenditures
Supervisor’s requests and comments
Public comment
Adjournment
(4) 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.
(5) 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.
12
Such persons shall furnish a mailing address in writing and shall be required to
pre-pay the cost of the copying and postage.
(6) Emergency Meetings. The Chairperson, or Vice-Chairperson if the 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.
(7) 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.
(8) 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.
(9) 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.
(10) Participation by Teleconference/Videoconference. District staff may participate
in Board meetings by teleconference or videoconference. Board members may
also participate in Board meetings by teleconference or videoconference if in the
good judgment of the Board extraordinary circumstances exist; provided however,
13
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.
(11) 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 of a motion by one Board member, a second by
another Board member, and an affirmative vote by the majority of the Board
members present. Any Board member, including the Chairperson, can make or
second a motion.
(12) Continuances. Any meeting or public hearing of the Board may be continued
without re-notice or re-advertising provided that:
(a) The Board identifies on the record at the original meeting a reasonable
need for a continuance;
(b) The continuance is to a specified date, time, and location publicly
announced at the original meeting; and
(c) 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.
(13) 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 of the time and date of the session
and the names of the persons anticipated to attend the session. The session must
commence at an open meeting in which the Chairperson or Vice-Chairperson
announces the commencement of the session, the estimated length of the session,
and the names of the persons who will be attending the session. The discussion
during the session is confined to settlement negotiations or strategy related to
litigation expenses or as may be authorized by law. Only the Board, the District’s
attorneys (including outside counsel), the District Manager, the General Manager
and the court reporter may attend an Attorney-Client Session. During the session,
no votes may be taken and no final decisions concerning settlement can be made.
Upon the conclusion of the session, the public meeting is reopened and the
Chairperson or Vice-Chairperson must announce that the session has concluded.
The session must be transcribed by a court-reporter and the transcript of the
14
session filed with the District Secretary within a reasonable time after the session.
The transcript shall not be available for public inspection until after the
conclusion of the litigation.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0114, Fla. Stat.
15
Rule 2.0 Rulemaking Proceedings.
(1) Commencement of Proceedings. Proceedings held for adoption, amendment, or
repeal of a District rule shall be conducted according to these Rules. Rulemaking
proceedings shall be deemed to have been initiated upon publication of notice by
the District. A “rule” is a District statement of general applicability that
implements, interprets, or prescribes law or policy, or describes the procedure or
practice requirements of the District (“Rule”). Nothing herein shall be construed
as requiring the District to consider or adopt rules unless required by Chapter 190
of the Florida Statutes. Policies adopted by the District which do not consist of
rates, fees, rentals or other monetary charges may be, but are not required to be,
implemented through rulemaking proceedings.
(2) Notice of Rule Development.
(a) 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.
(b) All rules as drafted shall be consistent with Sections 120.54(1)(g) and
120.54(2)(b) of the Florida Statutes.
(3) Notice of Proceedings and Proposed Rules.
(a) 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 twentyone
(21) days after publication of the notice. The notice shall additionally
include a statement that any affected person may request a public hearing
16
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.
(b) The notice shall be published in a newspaper of general circulation in the
District and each county in which the District is located not less than
twenty-eight (28) days prior to the intended action. The proposed rule
shall be available for inspection and copying by the public at the time of
the publication of notice.
(c) 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.
(4) 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.
(5) 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.
17
(6) Rulemaking Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall
provide, upon request and payment of the cost of copies, the following materials:
(a) The text of the proposed rule, or any amendment or repeal of any existing
rules;
(b) A detailed written statement of the facts and circumstances justifying the
proposed rule;
(c) A copy of the statement of estimated regulatory costs if required by
Section 120.541 of the Florida Statutes; and
(d) The published notice.
(7) 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.
(8) Emergency Rule Adoption. The Board may adopt an emergency rule if it finds
that immediate danger to the public health, safety, or welfare exists which
requires immediate action. Prior to the adoption of an emergency rule, the District
Manager shall make reasonable efforts to notify a newspaper of general
circulation in the District. Notice of emergency rules shall be published as soon as
possible in a newspaper of general circulation in the District. The District may
use any procedure which is fair under the circumstances in the adoption of an
emergency rule as long as it protects the public interest as determined by the
District and otherwise complies with these provisions.
(9) 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.
18
(10) Rulemaking Record. In all rulemaking proceedings, the District shall compile
and maintain a rulemaking record. The record shall include, if applicable:
(a) The texts of the proposed rule and the adopted rule;
(b) All notices given for a proposed rule;
(c) Any statement of estimated regulatory costs for the rule;
(d) A written summary of hearings, if any, on the proposed rule;
(e) All written comments received by the District and responses to those
written comments; and
(f) All notices and findings pertaining to an emergency rule.
(11) Petitions to Challenge Existing Rules.
(a) 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.
(b) 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.
(c) The petition shall be filed with the District. Within 10 days after receiving
the petition, the Chairperson shall, if the petition complies with the
requirements of subsection (b) of this section, designate any member of
the Board (including the Chairperson), District Manager, District Counsel,
or other person as a hearing officer who shall conduct a hearing within 30
days thereafter, unless the petition is withdrawn or a continuance is
granted by agreement of the parties. The failure of the District to follow
the applicable rulemaking procedures or requirements in this Rule shall be
presumed to be material; however, the District may rebut this presumption
by showing that the substantial interests of the petitioner and the fairness
of the proceedings have not been impaired.
(d) Within 30 days after the hearing, the hearing officer shall render a
decision and state the reasons therefor in writing.
(e) 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
19
existing rule is an invalid exercise of District authority as to the objections
raised. The hearing officer may:
(i) Administer oaths and affirmations;
(ii) Rule upon offers of proof and receive relevant evidence;
(iii) Regulate the course of the hearing, including any pre-hearing
matters;
(iv) Enter orders; and
(v) Make or receive offers of settlement, stipulation, and adjustment.
(f) 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.
(12) 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:
(a) Variances and waivers shall be granted when the person subject to the rule
demonstrates that the purpose of the underlying statute will be or has been
achieved by other means by the person, and when application of the rule
would create a substantial hardship or would violate principles of fairness.
For purposes of this section, "substantial hardship" means a demonstrated
economic, technological, legal, or other type of hardship to the person
requesting the variance or waiver. For purposes of this section, "principles
of fairness" are violated when the literal application of a rule affects a
particular person in a manner significantly different from the way it affects
other similarly situated persons who are subject to the rule.
(b) 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:
(i) The rule from which a variance or waiver is requested;
(ii) The type of action requested;
(iii) The specific facts that would justify a waiver or variance for the
petitioner; and
20
(iv) The reason why the variance or the waiver requested would serve
the purposes of the underlying statute.
(c) The District shall review the petition and may request only that
information needed to clarify the petition or to answer new questions
raised by or directly related to the petition. If the petitioner asserts that any
request for additional information is not authorized by law or by Rule of
the District, the District shall proceed, at the petitioner’s written request, to
process the petition.
(d) 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 of the original petition, the last item of timely
requested additional material, or the petitioner's written request to finish
processing the petition. The District’s statement granting or denying the
petition shall contain a statement of the relevant facts and reasons
supporting the District's action.
(13) 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.
21
Rule 3.0 Competitive Purchase.
(1) Purpose and Scope. In order to comply with Sections 190.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply
to the purchase of Professional Services, insurance, construction contracts,
design-build services, goods, supplies, and materials, Contractual Services, and
maintenance services.
(2) 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.
(3) Definitions.
(a) “Competitive Solicitation” means a formal, advertised procurement
process, other than an Invitation to Bid, Request for Proposals, or
Invitation to Negotiate, approved by the Board to purchase commodities
and/or services which affords vendors fair treatment in the competition for
award of a District purchase contract.
(b) “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 of a specified nature as outlined in the contract with
the District, with no time limitation except that the contract must provide a
termination clause (for example, a contract for general District engineering
services). Firms providing Professional Services under Continuing
Contracts shall not be required to bid against one another.
(c) “Contractual Service” means the rendering by a contractor of its time and
effort rather than the furnishing of specific commodities. The term applies
only to those services rendered by individuals and firms who are
independent contractors. Contractual Services do not include auditing
services, Maintenance Services, or Professional Services as defined in
Section 287.055(2)(a) of the Florida Statutes, and these Rules.
Contractual Services also do not include any contract for the furnishing of
labor or materials for the construction, renovation, repair, modification, or
demolition of any facility, building, portion of building, utility, park,
parking lot, or structure or other improvement to real property entered into
pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.
(d) “Design-Build Contract” means a single contract with a Design-Build
Firm for the design and construction of a public construction project.
22
(e) “Design-Build Firm” means a partnership, corporation or other legal entity
that:
(i) 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
(ii) 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.
(f) “Design Criteria Package” means concise, performance-oriented drawings
or specifications for a public construction project. The purpose of the
Design Criteria Package is to furnish sufficient information to permit
Design-Build Firms to prepare a bid or a response to the District’s Request
for Proposals, or to permit the District to enter into a negotiated Design-
Build Contract. The Design Criteria Package must specify performancebased
criteria for the public construction project, including the legal
description of the site, survey information concerning the site, interior
space requirements, material quality standards, schematic layouts and
conceptual design criteria of the project, cost or budget estimates, design
and construction schedules, site development requirements, provisions for
utilities, stormwater retention and disposal, and parking requirements
applicable to the project. Design Criteria Packages shall require firms to
submit information regarding the qualifications, availability, and past
work of the firms, including the partners and members thereof.
(g) “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.
(h) “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
23
where the time to competitively award the project will jeopardize the
funding for the project, will materially increase the cost of the project, or
will create an undue hardship on the public health, safety, or welfare.
(i) “Invitation to Bid” is a written solicitation for sealed bids with the title,
date, and hour of the public bid opening designated specifically and
defining the commodity or service involved. It includes printed
instructions prescribing conditions for bidding, qualification, evaluation
criteria, and provides for a manual signature of an authorized
representative. It may include one or more bid alternates.
(j) “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.
(k) “Negotiate” means to conduct legitimate, arm’s length discussions and
conferences to reach an agreement on a term or price.
(l) “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.
(m) “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:
(i) 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;
(ii) The most responsive to the Request for Proposals, Invitation to
Negotiate, or Competitive Solicitation as determined by the Board;
and
(iii) For a cost to the District deemed by the Board to be reasonable.
(n) “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.
24
(o) “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.
(p) “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:
(i) The ability and adequacy of the professional personnel employed
by the entity/individual;
(ii) The past performance of the entity/individual for the District and in
other professional employment;
(iii) The willingness of the entity/individual to meet time and budget
requirements;
(iv) The geographic location of the entity’s/individual’s headquarters
or office in relation to the project;
(v) The recent, current, and projected workloads of the
entity/individual;
(vi) The volume of work previously awarded to the entity/individual;
(vii) Whether the cost components of the bid or proposal are
appropriately balanced; and
(viii) Whether the entity/individual is a certified minority business
enterprise.
25
(q) “Responsive Bid,” “Responsive Proposal,” “Responsive Reply,” and
“Responsive Response” all mean a bid, proposal, reply, or response which
conforms in all material respects to the specifications and conditions in the
Invitation to Bid, Request for Proposals, Invitations to Negotiate, or
Competitive Solicitation document and these Rules, and the cost
components of which, if any, are appropriately balanced. A bid, proposal,
reply or response is not responsive if the person or firm submitting it fails
to meet any material requirement relating to the qualifications, financial
stability, or licensing of the bidder.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.033, 255.20, 287.055, Fla. Stat.
26
Rule 3.1 Procedure Under The Consultants' Competitive Negotiations Act.
(1) 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.
(2) Qualifying Procedures. In order to be eligible to provide Professional Services to
the District, a consultant must, at the time of receipt of the firm’s qualification
submittal:
(a) Hold all required applicable federal licenses in good standing, if any;
(b) Hold all required applicable state professional licenses in good standing;
(c) 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
(d) Meet any qualification requirements set forth in the District’s Request for
Qualifications.
Evidence of compliance with this Rule may be submitted with the qualifications,
if requested by the District. In addition, evidence of compliance must be
submitted any time requested by the District.
(3) Public Announcement. Except in cases of valid public emergencies as certified
by the Board, the District shall announce each occasion when Professional
Services are required for a Project or a Continuing Contract by publishing a notice
providing a general description of the Project, or the nature of the Continuing
Contract, and the method for interested consultants to apply for consideration.
The notice shall appear in at least one (1) newspaper of general circulation in the
District and in such other places as the District deems appropriate. The notice
must allow at least fourteen (14) days for submittal of qualifications from the date
of publication. The District may maintain lists of consultants interested in
receiving such notices. These consultants are encouraged to submit annually
statements of qualifications and performance data. 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
27
receiving a contract award shall not be entitled to recover from the District any
costs of qualification package preparation or submittal.
(4) Competitive Selection.
(a) 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:
(i) The ability and adequacy of the professional personnel employed
by each consultant;
(ii) Whether a consultant is a certified minority business enterprise;
(iii) Each consultant’s past performance;
(iv) The willingness of each consultant to meet time and budget
requirements;
(v) The geographic location of each consultant's headquarters, office
and personnel in relation to the project;
(vi) The recent, current, and projected workloads of each consultant;
and
(vii) The volume of work previously awarded to each consultant by the
District.
(b) 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.
(c) If the selection process is administered by any person or committee other
than the full Board, the selection made will be presented to the full Board
with a recommendation that competitive negotiations be instituted with the
selected firms in order of preference listed.
(d) Notice of the rankings adopted by the Board, including the rejection of
some or all qualification packages, shall be provided in writing to all
28
consultants by United States Mail, hand delivery, facsimile, or overnight
delivery service. The notice shall include the following statement:
"Failure to file a protest within the time prescribed in Rule 3.11 of the
Rules of the District shall constitute a waiver of proceedings under those
Rules," or wording to that effect. Protests of the District’s ranking
decisions under this Rule shall be in accordance with the procedures set
forth in Rule 3.11.
(5) Competitive Negotiation.
(a) 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.
(b) 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."
(c) 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.
(d) 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.
29
(6) 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.
(7) Continuing Contract. Nothing in this Rule shall prohibit a Continuing Contract
between a consultant and the District.
(8) Emergency Purchase. The District may make an Emergency Purchase without
complying with these Rules. The fact that an Emergency Purchase has occurred
or is necessary shall be noted in the minutes of the next Board meeting.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 190.011(3), 190.033, 287.055, Fla. Stat.
30
Rule 3.2 Procedure Regarding Auditor Selection.
In order to comply with the requirements of Section 218.391 of the Florida Statutes, the
following procedures are outlined for selection of firms or individuals to provide
Auditing Services and for the negotiation of such contracts.
(1) Definitions.
(a) "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.
(b) "Committee" means the audit selection committee appointed by the Board
as described in section (2) of this Rule.
(2) 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 of the Board.
(3) 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.
(a) 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:
(i) Hold all required applicable federal licenses in good standing, if
any;
(ii) Hold all required applicable state professional licenses in good
standing;
(iii) Hold a current and active Florida corporate charter or be
authorized to do business in the State of Florida in accordance with
31
Chapter 607 of the Florida Statutes, if the proposer is a
corporation; and
(iv) 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.
(b) Evaluation Criteria. The factors established for the evaluation of Auditing
Services by the Committee shall include, but are not limited to:
(i) Ability of personnel;
(ii) Experience;
(iii) Understanding of scope of work;
(iv) Ability to furnish the required services; and
(v) 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.
(4) Public Announcement. After identifying the factors to be used in evaluating the
proposals for Auditing Services as set forth in section (3) of this Rule, the
Committee shall publicly announce the opportunity to provide Auditing Services.
Such public announcement shall include a brief description of the audit and how
interested firms can apply for consideration and obtain the RFP. The notice shall
appear in at least one (1) newspaper of general circulation in the District and the
county in which the District is located. The public announcement shall allow for
at least seven (7) days for the submission of proposals.
(5) 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.
(6) 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
32
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.
(7) Board Selection of Auditor.
(a) Where compensation was not selected as a factor used in evaluating the
proposals, the Board shall negotiate with the firm ranked first and inquire
of that firm as to the basis of compensation. If the Board is unable to
negotiate a satisfactory agreement with the first ranked firm at a price
deemed by the Board to be fair, competitive, and reasonable, then
negotiations with that firm shall be terminated and the Board shall
immediately begin negotiations with the second ranked firm. If a
satisfactory agreement with the second ranked firm cannot be reached,
those negotiations shall be terminated and negotiations with the third
ranked firm shall be undertaken. The Board may reopen formal
negotiations with any one of the three top-ranked firms, but it may not
negotiate with more than one firm at a time. If the Board is unable to
negotiate a satisfactory agreement with any of the selected firms, the
Committee shall recommend additional firms in order of the firms’
respective competence and qualifications. Negotiations shall continue,
beginning with the first-named firm on the list, until an agreement is
reached or the list of firms is exhausted.
(b) Where compensation was selected as a factor used in evaluating the
proposals, the Board shall select the highest-ranked qualified firm.
(c) 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.
(d) 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.
(8) 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
33
both parties. The written contract shall include all provisions and conditions of
the procurement of such services and shall include, at a minimum, the following:
(a) A provision specifying the services to be provided and fees or other
compensation for such services;
(b) A provision requiring that invoices for fees or other compensation be
submitted in sufficient detail to demonstrate compliance with the terms of
the contract;
(c) 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;
(d) 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.
(e) Provisions required by law that require the auditor to comply with public
records laws.
(9) Notice of Award. Once a negotiated agreement with a firm or individual is
reached, or the Board authorizes the execution of an agreement with a firm where
compensation was a factor in the evaluation of proposals, notice of the intent to
award, including the rejection of some or all proposals, shall be provided in
writing to all proposers by United States Mail, hand delivery, facsimile, or
overnight delivery service. The notice shall include the following statement:
"Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of
the District shall constitute a waiver of proceedings under those Rules," or
wording to that effect. Protests regarding the award of contracts under this Rule
shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any
costs of proposal preparation or submittal from the District.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 218.391, Fla. Stat.
34
Rule 3.3 Purchase of Insurance.
(1) 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.
(2) Procedure. For a purchase of insurance within the scope of these Rules, the
following procedure shall be followed:
(a) The Board shall cause to be prepared a Notice of Invitation to Bid.
(b) 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.
(c) 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.
(d) Bids shall be opened at the time and place noted in the Invitation to Bid.
(e) 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.
(f) The Board has the right to reject any and all bids and such reservations
shall be included in all solicitations and advertisements.
(g) Simultaneously with the review of the submitted bids, the District may
undertake negotiations with those companies that have submitted
reasonable and timely bids and, in the opinion of the District, are fully
qualified and capable of meeting all services and requirements. Bid
responses shall be evaluated in accordance with the specifications and
criteria contained in the Invitation to Bid; in addition, the total cost to the
District, the cost, if any, to the District officers, employees, or their
dependents, the geographic location of the company’s headquarters and
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
35
Invitation to Bid best meets the overall needs of the District, its officers,
employees, and/or dependents.
(h) Notice of the intent to award, including rejection of some or all bids, shall
be provided in writing to all bidders by United States Mail, by hand
delivery, or by overnight delivery service. The notice shall include the
following statement: "Failure to file a protest within the time prescribed
in Rule 3.11 of the Rules of the District shall constitute a waiver of
proceedings under those Rules," or wording to that effect. Protests of the
District’s procurement of insurance under this Rule shall be in accordance
with the procedures set forth in Rule 3.11.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: § 112.08, Fla. Stat.
36
Rule 3.4 Pre-qualification
(1) 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.
(2) Procedure. When the District seeks to pre-qualify vendors, the following
procedures shall apply:
(a) The Board shall cause to be prepared a Request for Qualifications.
(b) For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed prequalification
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.
(c) 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).
(d) The District may maintain lists of persons interested in receiving notices
of Requests for Qualifications. The District shall make a good faith effort
to provide written notice, by electronic mail, United States Mail, hand
delivery, or facsimile, to persons who provide their name and address to
the District Manager for inclusion on the list. However, failure of a
person to receive the notice shall not invalidate any pre-qualification
determination or contract awarded in accordance with these Rules and
shall not be a basis for a protest of any pre-qualification determination or
contract award.
(e) 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
37
responses in response to the applicable Invitation to Bid, Request for
Proposals, Invitation to Negotiate, or Competitive Solicitation.
(f) In order to be eligible to submit qualifications, a firm or individual must,
at the time of receipt of the qualifications:
(i) Hold the required applicable state professional licenses in good
standing;
(ii) Hold all required applicable federal licenses in good standing, if
any;
(iii) 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
(iv) 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.
(g) 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.
(h) 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.
(i) 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.
38
(j) Notice of intent to pre-qualify, including rejection of some or all
qualifications, shall be provided in writing to all vendors by United States
Mail, hand delivery, facsimile, or overnight delivery service. The notice
shall include the following statement: "Failure to file a protest within the
time prescribed in Rule 3.11 of the Rules of the District shall constitute a
waiver of proceedings under those Rules," or wording to that effect.
Protests of the District’s pre-qualification decisions under this Rule shall
be in accordance with the procedures set forth in Rule 3.11; provided
however, protests related to the pre-qualification criteria and procedures
for construction services shall be resolved in accordance with section
(2)(b) of this Rule and Section 255.20(1)(b) of the Florida Statutes.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.
39
Rule 3.5 Construction Contracts, Not Design-Build.
(1) Scope. All contracts for the construction or improvement of any building,
structure, or other public construction works authorized by Chapter 190 of the
Florida Statutes, the costs of which are estimated by the District in accordance
with generally accepted cost accounting principles to be in excess of the threshold
amount for applicability of Section 255.20 of the Florida Statutes, as that amount
may be indexed or amended from time to time, shall be let under the terms of
these Rules and the procedures of Section 255.20 of the Florida Statutes, as the
same may be amended from time to time. A project shall not be divided solely to
avoid the threshold bidding requirements.
(2) Procedure. When a purchase of construction services is within the scope of this
Rule, the following procedures shall apply:
(a) The Board shall cause to be prepared an Invitation to Bid, Request for
Proposals, Invitation to Negotiate, or Competitive Solicitation.
(b) 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.
(c) 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.
40
(d) 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.
(e) 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:
(i) Hold the required applicable state professional licenses in good
standing;
(ii) Hold all required applicable federal licenses in good standing, if
any;
(iii) 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
(iv) 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.
(f) 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,
41
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.
(g) 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.
(h) 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.
(i) 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.
(j) Notice of intent to award, including rejection of some or all bids,
proposals, replies, or responses, shall be provided in writing to all
contractors by United States Mail, hand delivery, facsimile, or overnight
delivery service. The notice shall include the following statement:
"Failure to file a protest within the time prescribed in Rule 3.11 of the
Rules of the District shall constitute a waiver of proceedings under those
Rules," or wording to that effect. Protests of the District’s purchase of
construction services under this Rule shall be in accordance with the
procedures set forth in Rule 3.11.
42
(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 of the construction services without further competitive selection
processes.
(3) 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.
(4) 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.
(5) 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.
(6) Exceptions. This Rule is inapplicable when:
(a) The project is undertaken as repair or maintenance of an existing public
facility;
(b) 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;
(c) The District has competitively awarded a project and the contractor has
abandoned the project or the District has terminated the contractor; or
(d) The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board
that it is in the public’s best interest to perform the project using its own
services, employees, and equipment.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 189.4221, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.
43
Rule 3.6 Construction Contracts, Design-Build.
(1) Scope. The District may utilize Design-Build Contracts for any public
construction project for which the Board determines that use of such contract is in
the best interest of the District. When letting a Design-Build Contract, the District
shall use the following procedure:
(2) Procedure.
(a) The District shall utilize a Design Criteria Professional meeting the
requirements of Section 287.055(2)(k) of the Florida Statutes, when
developing a Design Criteria Package, evaluating the proposals and
qualifications submitted by Design-Build Firms, and determining
compliance of the project construction with the Design Criteria Package.
The Design Criteria Professional may be an employee of the District, may
be the District Engineer selected by the District pursuant to Section
287.055 of the Florida Statutes, or may be retained pursuant to Rule 3.1.
The Design Criteria Professional is not eligible to render services under a
Design-Build Contract executed pursuant to the Design Criteria Package.
(b) A Design Criteria Package for the construction project shall be prepared
and sealed by the Design Criteria Professional. If the project utilizes
existing plans, the Design Criteria Professional shall create a Design
Criteria Package by supplementing the plans with project specific
requirements, if any.
(c) 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.
(i) Qualifications-Based Selection. If the process set forth in Rule 3.1
is utilized, subsequent to competitive negotiations, a guaranteed
maximum price and guaranteed completion date shall be
established.
(ii) 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:
44
1. A Request for Proposals shall be advertised at least once in
a newspaper of general circulation in the county in which
the District is located. The notice shall allow at least
twenty-one (21) days for submittal of sealed proposals,
unless the Board, for good cause, determines a shorter
period of time is appropriate. Any project projected to cost
more than five hundred thousand dollars ($500,000) must
be noticed at least thirty (30) days prior to the date for
submittal of proposals.
2. 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.
3. In order to be eligible to submit a proposal, a firm must, at
the time of receipt of the proposals:
a. Hold the required applicable state professional
licenses in good standing, as defined by Section
287.055(2)(h) of the Florida Statutes;
b. Hold all required applicable federal licenses in good
standing, if any;
c. Hold a current and active Florida corporate charter
or be authorized to do business in the State of
Florida in accordance with Chapter 607 of the
Florida Statutes, if the proposer is a corporation;
d. 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.
45
Evidence of compliance with these Rules must be
submitted with the proposal if required by the District.
Failure to submit evidence of compliance when required
may be grounds for rejection of the proposal.
4. 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.
5. 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.
6. 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.
7. Notice of the rankings adopted by the Board, including the
rejection of some or all proposals, shall be provided in
writing to all consultants by United States Mail, hand
delivery, facsimile, or overnight delivery service. The
notice shall include the following statement: "Failure to
file a protest within the time prescribed in Rule 3.11 of the
Rules of the District shall constitute a waiver of
proceedings under those Rules," or wording to that effect.
Protests of the District’s rankings under this Rule shall be
in accordance with the procedures set forth in Rule 3.11.
46
8. 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 of firms is exhausted.
9. After the Board contracts with a firm, the firm shall bring
to the Board for approval, detailed working drawings of the
project.
10. The Design Criteria Professional shall evaluate the
compliance of the detailed working drawings and project
construction with the Design Criteria Package, and shall
provide the Board with a report of the same.
(3) 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.
(4) Emergency Purchase. The Board may, in case of public emergency, declare an
emergency and immediately proceed with negotiations with the best qualified
Design-Build Firm available at the time. The fact that an Emergency Purchase
has occurred shall be noted in the minutes of the next Board meeting.
(5) Exceptions. This Rule is inapplicable when:
(a) The project is undertaken as repair or maintenance of an existing public
facility;
(b) 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;
47
(c) The District has competitively awarded a project and the contractor has
abandoned the project or the District has terminated the contractor; or
(d) The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board
that it is in the public’s best interest to perform the project using its own
services, employees, and equipment.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 189.4221, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.
48
Rule 3.7 Payment and Performance Bonds.
(1) 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.
(2) Required Bond. Upon entering into a contract for any of the services described in
section (1) of this Rule in excess of $200,000, the Board should require that the
contractor, before commencing the work, execute and record a payment and
performance bond in an amount equal to the contract price. Notwithstanding the
terms of the contract or any other law, the District may not make payment to the
contractor until the contractor has provided to the District a certified copy of the
recorded bond.
(3) Discretionary Bond. At the discretion of the Board, upon entering into a contract
for any of the services described in section (1) of this Rule for an amount not
exceeding $200,000, the contractor may be exempted from executing a payment
and performance bond.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: § 255.05, Fla. Stat.
49
Rule 3.8 Goods, Supplies, and Materials.
(1) 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.
(2) Procedure. When a purchase of goods, supplies, or materials is within the scope
of this Rule, the following procedures shall apply:
(a) The Board shall cause to be prepared an Invitation to Bid, Request for
Proposals, Invitation to Negotiate, or Competitive Solicitation.
(b) 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.
(c) 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.
(d) If the District has pre-qualified suppliers of goods, supplies, and materials,
then, at the option of the District, only those persons who have been prequalified
will be eligible to submit bids, proposals, replies, or responses.
(e) 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:
(i) Hold the required applicable state professional licenses in good
standing;
(ii) Hold all required applicable federal licenses in good standing, if any;
50
(iii) 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
(iv) Meet any special pre-qualification requirements set forth in the
Invitation to Bid, Request for Proposals, Invitation to Negotiate, or
Competitive Solicitation.
Evidence of compliance with these Rules must be submitted with the bid,
proposal, reply or response if required by the District. Failure to submit
evidence of compliance when required may be grounds for rejection of the
bid, proposal, reply, or response.
Any firm or individual whose principal place of business is outside the
State of Florida must also submit a written opinion of an attorney at law
licensed to practice law in that foreign state, as to the preferences, if any or
none, granted by the law of that foreign state to business entities whose
principal places of business are in that foreign state, in the letting of any or
all public contracts. Failure to submit such a written opinion or
submission of a false or misleading written opinion may be grounds for
rejection of the bid, proposal, reply, or response.
(f) 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 nonmaterial
modifications, clarifications, or supplementations, and as
otherwise permitted by Florida law.
(g) The lowest Responsive Bid, after taking into account the preferences
provided for in this subsection, submitted by a Responsive and
Responsible Bidder in response to an Invitation to Bid, Request for
Proposals, Invitation to Negotiate, or Competitive Solicitation shall be
accepted. If the lowest Responsive Bid is submitted by a Responsive and
Responsible Bidder whose principal place of business is located in a
foreign state which does not grant a preference in competitive purchase to
businesses whose principal place of business are in that foreign state, the
51
lowest Responsible and Responsive Bidder whose principal place of
business is in the State of Florida shall be awarded a preference of five (5)
percent. If the lowest Responsive Bid is submitted by a Responsive and
Responsible Bidder whose principal place of business is located in a
foreign state which grants a preference in competitive purchase to
businesses whose principal place of business are in that foreign state, the
lowest Responsible and Responsive Bidder whose principal place of
business is in the State of Florida shall be awarded a preference equal to
the preference granted by such foreign state.
To assure full understanding of the responsiveness to the solicitation
requirements contained in an Invitation to Bid, Request for Proposals,
Invitation to Negotiate, or Competitive Solicitation, discussions may be
conducted with qualified vendors. Vendors shall be accorded fair
treatment prior to the submittal date with respect to any opportunity for
discussion, preparation, and revision of bids, proposals, replies, and
responses.
(h) 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.
(i) 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.
(j) 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.
(k) 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
52
direct purchase of the goods, supplies, and materials without further
competitive selection processes.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
53
Rule 3.9 Maintenance Services.
(1) 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.
(2) Procedure. When a purchase of maintenance services is within the scope of this
Rule, the following procedures shall apply:
(a) The Board shall cause to be prepared an Invitation to Bid, Request for
Proposals, Invitation to Negotiate, or Competitive Solicitation.
(b) 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.
(c) 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.
(d) If the District has pre-qualified suppliers of maintenance services, then, at
the option of the District, only those persons who have been pre-qualified
will be eligible to submit bids, proposals, replies, and responses.
(e) 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:
(i) Hold the required applicable state professional licenses in good
standing;
(ii) Hold all required applicable federal licenses in good standing, if any;
54
(iii) 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
(iv) 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.
(f) 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.
(g) The lowest Responsive Bid submitted in response to an Invitation to Bid
by a Responsive and Responsible Bidder shall be accepted. In relation to
a Request for Proposals, Invitation to Negotiate or Competitive
Solicitation the Board shall select the Responsive Proposal, Reply, or
Response submitted by a Responsive and Responsible Vendor which is
most advantageous to the District. To assure full understanding of the
responsiveness to the solicitation requirements contained in a Request for
Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions
may be conducted with qualified vendors. Vendors shall be accorded fair
treatment prior to the submittal date with respect to any opportunity for
discussion, preparation, and revision of bids, proposals, replies, or
responses.
(h) 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
55
entitled to recover any costs of bid, proposal, reply, or response
preparation or submittal from the District.
(i) 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.
(j) Notice of intent to award, including rejection of some or all bids,
proposals, replies, or responses shall be provided in writing to all vendors
by United States Mail, hand delivery, facsimile, or overnight delivery
service. The notice shall include the following statement: "Failure to file
a protest within the time prescribed in Rule 3.11 of the Rules of the
District shall constitute a waiver of proceedings under those Rules," or
wording to that effect. Protests of the District’s procurement of
maintenance services under this Rule shall be in accordance with the
procedures set forth in Rule 3.11.
(k) If less than three (3) Responsive Bids, Proposals, Replies, or Responses
are received, the District may purchase the maintenance services or may
reject the bids, proposals, replies, or responses for a lack of
competitiveness. If no Responsive Bid, Proposal, Reply, or Response is
received, the District may 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.
(3) 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.
(4) 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.
(5) 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.
(6) 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), 190.033, Fla. Stat.
Law Implemented: §§ 119.07, 190.033, 287.017, Fla. Stat.
56
Rule 3.10 Contractual Services.
(1) Exemption from Competitive Purchase. Pursuant to Section 190.033(3) of the
Florida Statutes, Contractual Services shall not be subject to competitive
purchasing requirements. If an agreement is predominantly for Contractual
Services, but also includes maintenance services or the purchase of goods and
services, the contract shall not be subject to competitive purchasing requirements.
Regardless of whether an advertisement or solicitation for Contractual Services is
identified as an Invitation to Bid, Request for Proposals, Invitation to Negotiate,
or Competitive Solicitation, no rights or remedies under these Rules, including
but not limited to protest rights, are conferred on persons, firms, or vendors
proposing to provide Contractual Services to the District.
(2) Contracts; Public Records. In accordance with Florida law, each contract for
Contractual Services shall include provisions required by law that require the
contractor to comply with public records laws.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.07, 190.011(3), 190.033, Fla. Stat.
57
Rule 3.11 Protests With Respect To Proceedings under Rules 3.1, 3.2, 3.3,
3.4, 3.5, 3.6, 3.8, and 3.9.
The resolution of any protests with respect to proceedings under Rules 3.1, 3.2,
3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.
(1) Filing.
(a) 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.
(b) 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.
(c) 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% of the anticipated contract amount
58
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.
(d) The District does not accept documents filed by electronic mail or
facsimile transmission. Filings are only accepted during normal business
hours.
(2) 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.
(3) 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.
(4) Formal Proceeding. If the Board determines a protest involves disputed issues of
material fact or if the Board elects not to use the informal proceeding process
provided for in section (3) of this Rule, the District shall schedule a formal
hearing to resolve the protest. The Chairperson shall designate any member of the
Board (including the Chairperson), District Manager, District Counsel, or other
person as a hearing officer to conduct the hearing. The hearing officer may:
(a) Administer oaths and affirmations;
(b) Rule upon offers of proof and receive relevant evidence;
(c) Regulate the course of the hearing, including any pre-hearing matters;
(d) Enter orders; and
(e) Make or receive offers of settlement, stipulation, and adjustment.
59
The hearing officer shall, within thirty (30) days after the hearing or receipt of the
hearing transcript, whichever is later, file a recommended order which shall
include a caption, time and place of hearing, appearances entered at the hearing,
statement of the issues, findings of fact and conclusions of law, separately stated,
and a recommendation for final District action. The District shall allow each
party fifteen (15) days in which to submit written exceptions to the recommended
order. The District shall issue a final order within sixty (60) days after the filing
of the recommended order.
(5) Intervenors. Other substantially affected persons may join the proceedings as
intervenors on appropriate terms which shall not unduly delay the proceedings.
(6) Rejection of all Qualifications, Bids, Proposals, Replies and Responses after
Receipt of Notice of Protest. If the 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.
(7) 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.
60
Rule 4.0 Effective Date.
These Rules shall be effective January 14, 2014, except that no election of officers
required by these Rules shall be required until after the next regular election for the Board.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.