Rules of Procedure

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

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.

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.

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

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.

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.

(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.

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.

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.

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;

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

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.

(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.

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;

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.”

(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

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.

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,

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

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

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.

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

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.

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.

(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;

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.

(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;

(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.

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

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

(iv) The reason why the variance or the waiver requested would serve

the purposes of the underlying statute.

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.

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.

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.

(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

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.

(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.

(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.

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;

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

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.

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

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."

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.

(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.

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

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

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.

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

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;

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.

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.

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

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.

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.

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

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.

(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.

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.

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 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,

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.

(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;

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.

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.

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:

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.

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.

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;

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.

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.

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.

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;

(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

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

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.

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