Exhibit A
Rules of Procedure
RULES OF PROCEDURE
LAKESIDE PRESERVE COMMUNITY DEVELOPMENT DISTRICT
TABLE OF CONTENTS

1.0	General .......................................................................................................................	2
1.1	Board of Supervisors; Officers and Votin g ...................................................	3
1.2	DstrictOffices; Public Information and Inspecionof Records; Policies;
Service Contract Requirements......................................................................	7
1.3	Public Meetings, Hearings, and Workshops...........,...................................... 	10

2.0
3.0

Rulemaking Proceedin gs ...........................................................................................	15
Competitive Purch ase................................................................................................	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.............................................................................................
3.5	Construction Contracs, Nol Design-Build....................................................	39

4.0

3.6	Construction Contracts, Design-Build...........................................................	43
3.7	Payment and Pe1formance Bonds. ................................................................ ,	48
3.8	Goods, Supplies, and Materials.....................................................................	49
MaintenanceServices....................................................................................	53
3.10	Conttactual Services ......................................................................................	56
3.11	Protests with Respect to Proceed ingsunder Rules 3.1, 3.2, 3.3 , 3.4,
3.5, 3.6, 3.8, and 3.9.......................................................................................	57
Effective Date............................................................................................................	60

Rule 1.0

(1)

(2)

(3)

(4)

General.
The Lakeside Preserve Community Development District (the "District") was created pursuant to the provisions ofChapter 190 ofthe Florida Statutes, and was established to provide for the ownership, operation, maintenance, and provision of various capital facilities and services within its jurisdiction. The purpose of these rules (the "Rules") is to describe the general operations of the District.
Definitions located within any section of these Rules shall be applicable within all other sections, unless specifically stated to the contrary.

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

A Rule of the District shall be effective upon adoption by affirmative vote of the District Board. After a Rule becomes effective, it may be repealed or amended only thJOugh 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. ln the event that a Rule conflicts with Florida Jaw 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 Jaw. 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. Stnt. Lnw Implemented: §§ 190.011(5), 190.011(15), Fla. Stat.

Ruic 1.1

(I)

Board of Supervisors; Officers and Voting.

Board ofSupervisors. 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 ofthe State of Florida ru1d of the District, registered to vote with the Supervisor of Elections of the county in which the District is located, and qualified. The Board shall exercise the powers granted to the District under Florida law.

Supervisors shaLI 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 te1m(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.

Tluee (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other purposes. A Board member shall be counted toward the quorum ifphysically present at the meeting, regardless ofwhether such Board member is prohibited from, or abstai11s from, parlicipating in discussion or voting on a paiticular item.

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

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediatjon session on behalf of the Board. Any agreement resulting from such mediation sessjon must be approved pursuant to subsection (1)(c) of this Rule.

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

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District's behalf. The Chairperson shall convene and conduct all meetings of the Board. ln 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, i11 whole or in part.

The Vice-Chairperson shall be a member ofthe 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 ofthe Board.

The Secretary of the Board serves at the pleasure of the Board and need not be a member of the Board. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. An employee of the District Manager may serve as Secrotary. 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 mi I lion dollars ($1 ,000,000) that names the District as an additional insured.

The Treasurer need not be a member of the Board but must be a resident of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3) of the Florida Stat"lJtes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasmer shall either be bonded by a reputable and quali fied 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 ($ l ,000,000) that names the District as an additional insured.

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

The Board may assign additiohal duties to District officers from time to time, which include, but are not limited to, executing documents on behalf oftbe District.

The Chairperson, Vice-Chairperson, and any other person authorized by District Resolution may sign checks and warrants for the District, countersigned by the Treasurer or other persons authorized by the Board.

Committees. The Board may establish committees of the Board, either on a permanenl or temporary basis, to perform specifically designated functions. Committees may include individuals who are not members of the Board. Such functions may include, but ate not limited to, teview of bids, proposals, and quali fications, contract negotiations, personnel matters, and budget preparation.

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

Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation in the county in which the District is located and filed with the local general-purpose
goverm11ents within whose boundaries the District is located. All meetings of the Board and Committees serving an advisory ftmction shall be open to the public in accord with the provisions of Chapter 286 ofthe Florida Statutes.

Voting Conflict of I nterest. The Board shall comply with Section 11 2.3 143 ofthe Florida Statutes, so as to ensure the proper disclosure of conflicts of i nterest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by Chapters 1 12 and 1 90 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 i nw·e to the Board member's special private gain or loss or the Board member knows would i nure to U1e special pri vate gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary ofa corporate principal, a business associate, or a relative jucluding only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-i11-law, and daughter-in-law.

When a Board member knows the member has a conflict of i nterest on a matter coming before the Board, the member should noti fy the Board's Secretary prior to patiicipating in any discussion with the Board on the matter. The member shall publicly announce the conflict of interest at the meeting. This aMouncement shall appear in the minutes.

lf 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 voie or abstain from voting on the matter at issue. Jf the Board member was cJected by electors residing with.in lhe District, the Board member is prohlbited from voting on the matter at issue. ln the event that the Board member i ntends 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 sig11ed by the Board member, filed with the

Board's Secretary, and provided for atiachment to the minutes of the meeting within fifteen (1 5) days ofthe meeting.
) If a Board member inadvertently votes on a matter and later learns he or she has a conflict on the matter, the member shall immediately notify the Board's Secretary. Within fifteen (1 5) days of the notification, the member shal] file the appropriate Memorandum of Voting Conflict, which will bo attached to the minutes ofthe 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.

lt is not a conflict of interest for a Board member, the District Manager, or an employee of the District to be a stockholder, officer or employee of a landowner or of an entity affiliated wiU1 a landowner.
In the event that a Board member elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner's election, has a continuing conflict of interest, such Board member is permitted to file a Memorandum of Voting Conflict at any time in which it shall state the nature of the contjnuing 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), 190.01 1(1 5), Ji'la. Stilt.
Law Implemented: §§ 112.3143, 190.006, 190.007, Fin. Stnt.

Rule 1.2

District Offices; Public Iuformation and Inspection of Records; Policies; Service Contract Requirements.
District OfGces. Unless otheJ"wise designated by the Board, the official District office shall be the District Manager's office identified by the District Manager. Jr the District Manager's office js 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, bul nol be limited to, the fol lowing documents:
Agenda packages for prior 24 months and next meeting;
Official minutes ofmeetings, including adopted resolutions of U-\e Board;
Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by law;
Adopted engineer's reports;
Adopted assessment rnethodologies/repods;
)	Adopted disclosure of public financing;
Limited  Offering  Memorandum  for  each  financing  undertaken  by  the District;
Proceedings, certificates, bonds given by aJl employees, and any and al I corporate acts;
District policies and rules;
U)	Fi scal year end audits; and
(k)	Adopted budget for the ctu-rent fiscal year.
The District Manager shall ensure that each District records office contains the documents required by F lorida law.

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software,  or  other  material,  regardless  of the  physical  form,  characteristics,  or
means of transm.ission1 made or received in com1ection 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. Cenain District records can also be inspected and copied at the District's local records office during regular business hours. All written p11blic records requests shall be directed to the Secretary who by these rules is appointed as the District's records custodian. Regardless or the form of the request, any Board member or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary

for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.

Service Contracts. Any contract for services, regardless of cost, shall include provisions required by law that require the contractor to comply with public records l aws. The District Manager shall be responsible for initially enforcing all
contract provisions rel ated to a contractor's duty to comply with public records Jaws.
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 shaJI 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 U,e 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 Distrjct by consultants employed in
ful filling the request.  In cases where the special service charge is based in whole
or in pa1t 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 detennined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in the section shall apply. lf the total fees, including but not limited to special service charges, are antici pated to exceed twenty-five dol lars ($25.00), then, prior to commencing work on the request, the District wilt infonn  the person  making the  public  records  request of the estimated cost, with the understanding that the final cost may vary from that estimate. lf 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 ful filled, additional payments or credits may be due.

Records Retention. The Secretary of the District shall be responsible for retaining the District's records in accordance with applicable Florida law.
Policies. The Board may adopt policies related to the conduct of its business and the provision ofservices either by rcsolt1tion or 1notion.
Specific Authority: §§ 190.011(5), 190,011(1 5), Fla. Stat.
Lnw Implcme11tcd: §§ 1 19.0701, 190.006, 11 9.07, Fla. Stat.

Rule 1.3

(1) 

Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven ( 7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public notice shall be given by publication in a newspaper of ge11eral 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 vallle to the residents or owners of propc1ty in the county where published, or of i11terest or of value to the general public. The annual meeting notice required to be published by Section
189. 015 of the Flodda Statutes, shall be published in a newspaper not of l imited subject matter, which is published at least five days a week, unless the only newspaper in the county is (Jublished less than five days a week. Each Notice shall state, as applioable:
The date, time and place of the meeting, hearing or workshop�
A brief description of the natw·e, subjects, and purposes of the meeting, hearing, or workshop;
The District office address for the submission of requests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and

(cl) 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 contac6ng the DistTict Manager at Governmental Management
Services-Central Florida, LLC, 135 W. Central Boulevard, Suite 320, Orlando, Florida 32801 or (407) 841 -5524. If you are hearing or speech impaired, please contact the Florida Relay Service at l (800) 955-8770, who can aid you in contacting the District Office."
(c) 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 ensw·e that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based.1'
(f) Tbe following language: "The meeting [or hearing or workshop] may be continued in progress without additional notice to a time, date, and location stated on tho record."

Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board al its next properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.
Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare a notice and an agenda of the meeting/hearing/workshop. The notice and agenda shall be available to the public at least seventy-two (72) hours before the meeting/hearing/workshop except in an emergency.   For good  cause,  the agenda may be changed  after it is  fu'st made available for distribution. The requirement of good cause shall be liberally construed to allow the District to efficjently 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 cal.I
Public comment Organizational matters Review of minutes
Specific items of old business Specific items of new business Staff reports
District Counsel
District Engineer
District Manager
l. Financial Report
2. Approval of Expenditures Supervisor's requests and comments Public comment
Adjournment

Minutes. The Secretary shall be responsible for preparing and keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting. The Secretary may wot·k with other staff members in preparing draft minutes for the Board's consideration.
Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the DistTiet Office. Such persons shall furnish a mailing address in writing and shaJI be required to pre-pay the cost of the copying and postage.
Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavaiJable, 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 n1eeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before as1d after the meeting on the Distl'ict's website, if it has one. Whenever an emergency meeting is called, the
Disttict Manager shall be responsible for notifying at least one newspaper of general  circulatjon  in  the  District.  After an emergency meeting, the Board  shal I
publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.
Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shaJI be permitted to provide comment on any proposition before the Board. The portion of the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.
Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 1 90.008 of the Florida Statutes. Once adopted in accord with Section
1 90.008 of the Florida Statutes, the annual budget(s) may be amendod from ti.me to time by action of the Board. Approval of invoices by the Board in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.
Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be majJed and published as required by Florida law. The District Manager shall ensm·e that all such notices, whether mailed or published, contain the information required by Florida Jaw 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.
(1 0)     Participation  by TeleconferenceNideoconfcrence.   District staff may patticipate 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 quonu11. Such extraordinary circumstances shall be presumed when a Board member pa1ticipates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.

Board Authorization. The District has not adopted Robert's Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting. Approval or disapproval of resolutions and other proposed Board actions shall be in the form of a motio11 by one Board member, a second by

anothei- Board member, and an affirmative vote by the majority of the .Board members present. Ai1y Board member, including the Chairperson, can make or second a motion.

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

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

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

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

(l 3) 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 ofthe 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, I.he estimated lengih 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 altomeys (including outside counsel), the Disb·icl 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 h·anscript shall not be available for public inspection until after the conclusion of the litigation.

Specific Authority: §§ 190.011 (5), 190.0J I( I S), Fla. Stat.
L11w lmplerncntcd: §§ 190.006, 1 90.007, 190.008, 286.0105, 286.01 1, 286.01 14, Fla. Stat.

Rule 2.0
(1) 

(2)

(3)

Rulemaking Proceedings.
Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rnle shall be conducted according to these Rules. Rulemak.ing proceedings shall be deemed to have been initiated upon publication of notice by the District. J\ ''rule" is a rnstTict statement of general applicabili ty 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 lhe District to consider or adopt rules unless required by Chapter 190 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice of Rule Development.

Except when the intended action is the repeal of a Rule, the District shall ptovide notice of the development of a proposed rule by publication of a Nolice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section
of this Rule. Consequently, the Notice of Rulo 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 shott, plain explanation of the pu1vose 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 prel iminary draft, if available.

All rules as drafted shall be consistent with Sections 1 20.54( ! )(g) and
l 20.54(2)(b) of the Florida Statutes. Notice of Proceedings and Proposed Rules.
Prior to the adoption, amendment, or repeal of any rnle other than an emergency rule, the District shall give notice ofits i ntended action, setting fo11h a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pUJsuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, i nterpreted, or made specific. The notice shall include a summary of lhe District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 1 20.54 1 (2) ofthe Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory altemative as provided by Section 1 20.541 (1 ), must do so in writing within twenty­ one (2 1) days after publication of the noUce. The notice shall additionally include a statement that any affected person may request a public heru-ing by submitting a written request within twenty-one (21) c.lays after the date of publication of the notice. Except when i ntended 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 req uired by section (2) of this Rule appeared.

The notice shall be published in a newspaper of general circulation in the DistTict and each county ih which the District is located not Jess than twenty-eight (28) days priot to the intended action. The proposed rule shall be available for inspection and copying by the public at the time of the publication ofnotice.

The notice shall be mailed to all persons named in the proposed .rule and to all persons who, at least fotu·teen (1 4) days prior to such maili ng, have made requests of the District for advance notice of its rulcmaking p1'oceedings. Any person may nle a written request with the District Manager to receive notice by mail of District proceed ings 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 al l persons whom, at least fourteen ( 1 4) days prior to such mailing, have made requests of the Di.strict for advance notice of its proceedings.

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

Petitions to Initiate Rulemaking. All Petitions to Initiate Rulemaking proceedings must contain tho name, address, and telephone number of the petitioner, tbe specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, (he text of the proposed rule, and  the facts  showing tl1at the
petitioner is regulated by the DistJ.'ict, 01' has substantial i nterest 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 pllblic 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.

Ru.lemaldng Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make avai Iable fot public inspection and shall provide, upon request and payment ofthe cost ofcopies, the following materials:

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

(b)

(c)

(d)

A detailed written statement ofthe facts and circumstancesjustifying the proposed rnle;
A copy of the statement of estimated reg1tlatory costs if required by Section 1 20.541 of the Florida Stat11tes; and
The published notice.

Hearing. The District may, or, upon the written request of any affected person received within twenty-one (2 1 ) days after the date of publication of the notice described in section (3) of this Rule, shall, provide a public heating 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) ofthis 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 heat'ing. 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 ruJemaking record.
Emergency Rule Adoption. The Board may adopt an emergency rnle 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 ofemergency 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 a11 emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.
Negotiated Rulemaking. The Disb·ict may use negotiated rulemaking in developing and adopting rules pursuant to Section 1 20.54(2)(d) of the Florida Statutes, except that any notices required under Section 1 20.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the
county in which the District is located.
Rulemaking Record. In al l rulemaking proceedings, the District shall compile and maintain a rulemaking record. The record shall include, if applicable:
The texts of the proposed rule and the adopted rule;
All notices given for a proposed rule;
(o)	Any statement of estimated regulatory costs for the rule;

(d)	A written sumn1ary of hearings, if any, on the proposed rule;

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

(f)	All notices and findings pertaining to an emergency rule.

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

The petition seeking an administrative determination must state with pa11icularity the provisions alleged to be invalid with  sufficient explanation of the facts or grounds for the alleged invalidity and facts sufficient  to  show  that  the  person  challenging  a  rule  is  substantially affected by it.

The petition shall be filed with the Disttict. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection  (b) of this section, designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance is granted by agTeement of the parties. The failme 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.

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

Hearings held under this secUon shall be de nova 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 U,e obj ections raised. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

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

Enter ordel'S; and

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

( f) The petitioner and the Disttict shall be adverse parties. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.
Variances and Waivers. A "variance" means a decision by the District to grant a modification to all or part of the literal requirements of a rule to a person who is subject to the rule. A "waiver" means a decision by the District not to apply all or part of a rule Lo a person who is subject to the rule.  Variances and waivers from District rules may be granted subject to tho following:
Variances and waivers shall be granted when the person subject to the mle 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  affocts  a particular person in a manner significantly di fferent from the way it affects other similarly situated persons who are subject to the rule.

A person who is subject to regulation by a District Rule may file a petition with the District, requesting a variance or waiver from the District's Rule. Each petition shall specify:

The rule from which a variance or waiver is requested;
The type ofaction requested;
The specific facts that would justify a waiver or variance fol' the petitioner; and
The reason why the variance or the waiver requested would sorvc the purposes of the underlying statute.
The District shaII review the petition and may request only that information needed to clarify the petition or to answer new questions raised by or dh·ectly related to the petition. If the petitioner asserts that any request for additional information is not authodzed by law or by Rule of the District, the District shall proceed, at the petitioner's written request, to process the petition.
The Board shall grant or deny a petition for variance or waiver, and shall annou nce such disposition at a publicly held meeting of the Board, within sixty (60) days after receipt ofthe original petition, the last item of Limely tequested additional material, or the pe6tioner's written request to finish processing the petition. The District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

Rates, Fees, Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemak.ing 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: §§ 190.0 11 (5), 190.01 1(15), 190.035, Fla. Stat.
Lnw Implemented: §§ 190.0 11 (5), 1 90.035(2), Fin. Stat.

Rule 3.0

(l) 

(2)

(3)

Competitive Purchase.
Purpose and Scope. In order to comply with Sections 1 90.033(1) through (3), 287 .055 and 287. 0 J 7 of the Florida Statutes, the following provisions shall apply 1o the purchase of Professional Services, insu rance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.
Board Authorization. Except in cases of an Emergency Purchase, a competitive purchase governed by these Rules shall only be undertaken after authorization by Lhc Board.
Definitions.
"Competitive Sol icitation" means a formal, advertised procurement process, other than an Tnvitation to Rid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.
"Continuing Contract" means a contract for Professional Setvices 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 fot· work of a specified nat1.1re as outlined in the contract with the District, with no time limitation excepl that the contract must prnvide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

"Contractual Service'' means the rendering by a contractor of its time and effort rather than the fornishing of speci (ic commodities.  The te1·m 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 lhese Rules. Contractual Services also do not include any contract for the f·urnishing of labor or materials for the construction, renovatjon, repair, modification, or demolition of any facility, build ing, portion of building, utility, park, parking lot, or structure 01· other improvement to real property entered into pursuant to Chapter 255 ofthe Florida Statutes, and Rules 3.5 or 3.6.

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

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

Is certified under Section 489.1 19 of the Florida Statutes, to engage in contracting through a certified or registered general contractor or a certified or registered builcilng conh·actor as the qualifying agent; or
Is certified under Section 471 .023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section 48 1 .219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 48 1 .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 performance­ based criteria for the public construction project, including tJ1e 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 ofthe firms, including the partners and members thereor.
"Design Criteria Professional" means a firm who holds a current certificate of registration under Chapter 48 1 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   Dist r.ict   to   provide   professional   archi tect   services, landscape architect services, or engineering services in connection with the preparation ofthe Design Criteria Package.
"Emergency P urchase" 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 i nterests of the Dist1:ict. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the f1mding for the project, wi ll materially increase the cost of the proj ect, or will create an undue hardship on the public health, safety, or welfare.
	"Invitation to Bid" is a written solicitation for sealed bids with the title, date, and hour of the public bid opening designated specifically and

de.fining 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.

U) "Invitation to Negotiate'' means a written solicitation for competitive sealed replies to select one or more vendors with which to commence negotiations for the proc1.1rement ofcommodi lies or services.
	"Negotiate" means to conduct legitimate, arm's length discussions and conferences lo reacb an agreement on a term or price.
"Professional Services" means those servjces within the scope of the practice of architecture, professional engineering, landscape architecture, or registered s\.uveying and mapping, as defined by the laws or Florida, or those services performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper, in connection with the firm's or individual's professional employment or practice.
''Proposal (or Reply or Response) Most Advantageous to the District,, means> as determined in the sole discretion of the Board, the proposal, reply) or response that is:
Submitted by a person or firm capable and qualified in all rospccts to perform fully the contract requirements, who has the integrity and reliability to assure good faith performance;
The most responsive to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation as detetmined by the Board; a11d
For a cost to the District deemed by the Board to be reasonable.
"Purchase" means acquisition by sale, rent, lease, lease/purchase, or installment sale. It does not include transfer, sale, or exchange of goods, supplies, or materials between the District and any federal, state, regional or local governmental entity or political subdivision of the State of Florida.
"Request  for  Proposals"  or  "RFP"  is  a  written  solicitation  for  sealed proposals with the title, date, and hour of the public opening designated and requiring the manual signature ofan authorized representative. It may provide general infonnation, applicable laws and rules, statement ofwork, functional or gene1·al specifications, qualifications, proposal instrnctions, work detail analysis, and evaluation criteria as necessary.
"Responsive and Responsible Bidder" means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract

requirements and the integrity and reliability that wi ll assure good faith performance. "Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response that confotms in aH material respects to the Request for Proposals, lnvitation to Negotiate, OI" Competitive Sol icitation and has the capability in all respects to fully perform the contract requirements and the i ntegrity and reliability that will assure good faith performance. Ln determining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in lbe Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:
The ability and adequacy of the professional personneJ employed by the entity/individual;
The past performance of the entity/individual for the District and in other professional empJoyment;
The willingness of the entity/individual to meet time and budget requirements;
The geographic location of the entity's/individual's headquarters or office in relation to the project;

The	recent,	current,	and	projected	workloads	of	the entity/individual;
The volume ofwork previously awarded to the entity/individual;
Whethet· the cost components of the bid or proposal arc appropriately balanced; and
Whether the entity/individual 1s a certified minority business enterprise.
"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these R.t1les, and the cost components of which, if any, !.ire appropriately balanced.  A bid, proposal, reply or response is not responsive if the person OJ firm submitting it fails to meet any material requirement relati11g to the qualifications, financial stability, or licensing ofthe bidder.
Specific Author'ity: §§ 190.0 11 (5), 190.0 11 ( 15), r'la. Stnt.
Lnw lmplcrncritcd: §§ 190.033, 255.20, 287.055, Fin. Stnt.

Rule 3.1
(1)

(2)

Procedure Under The Consultants' Competitive Negotiations Act.
Scone. The following procedures are adopted for the selectlon of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of sucb 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 tlu-eshold 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 287.0 17 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

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

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

Hold aJI required applicable state professional li censes in good standing;

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

M eet 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. 1n addition, evidence of compliance must be submitted any time requested by the District.

Public Announcement. Except in cases of valid public emergencies as certified by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply for consideration. The notice shall appear in at least one (l) newspaper of general circulation in the District and in such other places as Lhe District deems appropriate. 'l he notice must allow at least fourteen (l 4) 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 amrnally 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 a.nd all qualifications, and such reservation shall be included in the pub] ished notice. Consultants not receiving a contract award shall nol be entitled to recover from the District any costs of qualificationpackage preparation or submittal.

Competitive Selection.
The Board shall review and eval uate 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 fi le. The Board shall conduct discussions with, and may require public presentation by consultants regarding their quaJifications, approach to the Project, and abili ty to furnish the required services. The Board shall then select and  list  the  consultants,  in order of preference,  deemed  to  be the most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:

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

(i i)	Whether a consultant is a certified minority business ente1vrise;

Each consultant's past performance;

The wilJingness of each consultant to meet time and budget requirements;

The geographic location of each consultant's headq ua1ters, office and personnel in relation to the proj ect;

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

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

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

lf the selection process is admin istered by any person or committee other than the fl.ill 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 ofpreference listed.
Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shal I 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 proscribed in Rule 3 .11 of the Rules of the District shall constitute a waiver of proceedings under those Rt1les, 11 or word ing to that effect. Protests of the District's rankit1g

decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.1 1. 
Competitive Negotiation.

(a)

(b)

After the Board has authorized the beginning of competitive negotiations, the District may begin such negotiations with the firm li sted as most qualified to perform the required Professional Services at a rate or a\11ount of compensation which the Board determines is fair, competitive, and reasonable.
In negotiating a lump-sum or cost-plus-a-fixed-fee professional conli-act for more than the tlu-eshold amount provided in Section 287.0 17 of the Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that "wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of contracting.'' In addition, any professional service contract under which such a certificate is required, shall contain a provision that "the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs."

Should the District be unable to negotiate a satisfactory agreement with the firm determined to be the most qualified at a price deemed by the District to be fair, competitive, and reasonable, then negotiations with that furn shall be terminated and the District shall immediately begin negotiations with the second most qualdied fmn. If a satisfactory agreement with the second firi11 cannot be reached, those negotiations shall be terminated and negotiations with the third most qualified firm shall be undertaken.
Should the District be unable to negotiate a satisfactory agreement with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qua]iftcations. Negotiations shall continue, beginning with the first-named firm on the list, tmtil an agreement is reached or the list of firms is exhausted.

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

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

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

Specific Authority: §§ 190.011(5), 190.01 1(15), Fla, Stnl.
Lnw Implemented: §§ 119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

Rule 3.2	Procedure Regarding Auditor Selection.

In order to comply with the rcquitements of Section 21 8.39 1 of the Florida Statutes, the following procedures are outlined for selection of fim1s or individuals to provide Auditing Services and for the negot iation ofsuch contracts.
( 1 )	Definitions.
'1Auditing Services" means those services wilhin the scope of the practice of a ceitified public accounting firm licensed under Chapter 473 of the Florida Statutes, and quaJified to conduct audits in accordance with government auditing standards as adopted by the Florida Board of Accountancy.
"Committee" means the audit selection committee appointed by the Board as described in section (2) of this Ruic.
Establislunent ofAudit Committee.  Prior to a public announcement under sect.ion
(4) of this Rule that Auditing Services are required, the Board shall establish an audit selection commi ttee ("Committee"), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 21 8.39 of the Florida Statutes. The Committee should include at least three individuals, some or all of whorn may also serve as members of the Board. The establishme11t and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board.
Establishment of Minimum Qualifications and EvaJuation Criteria. Prior to a public announcement under section (4) of this RuJe 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 Auditi.ng 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 Flo1ida Board of Accountancy.

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

Hold all rcqt1ired applicable federal licenses in good standing, if any;

Hold all required applicable state professional licenses m good standing;
IIold a current and active Florida corporate charter or be authorized Lo do business in the State of Florida in accordance with Chapter 607 of the Florida Statutes, if the proposer is a corporation; and

Meet	any	pre-qualification	reqttirements	established	by	the Commi ttee and set forth in the RFP ot other specifications.
If requested in the RFP or other specifications, evidence of compliance with the minimum qLtalifications as established by the Committee must be submitted with the proposal.
Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:
Ability of personnel;
Experience;
Understanding ofscope ofwork;
Ability to furnish the required services; and
Such other factors as may be determined by the Commi ttee to be applicable to its particular requirements.
The Committee may also choose to consider compensation as a factor. If the Committee establishes compensation as one of the factors, compensation shall not be the sole or predominant factor used to evaluate proposals.
Public Announcement. After identifying the factors to be used jn evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly aru1ounce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one ( l) newspaper of general circulation in the District and the county in which the District is l ocated. The public announcement shall allow for at least seven (7) days for the submission ofproposals.

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals ("RF:P"). The RFP shal l provide information on how proposals  are  to  be  evaluated  and   such  other   information   the   Committee
determi nes is necessary for the firm to prepare a proposal. The RFP shall state the tunc:i and place for submitting proposals.

Committee's Evaluation of Proposals and Recommendation. The Committee shall meet at a publicly held meeting that is publicly noticed for a reasonable time in advance of the meeting to evaluate all qualified proposals and may, as part of the evaluation, require that each intorostcd firm provide a public presentation where the Committee may conduct discussions with the firm, and where the film may present information, regarding U1e firm's qualifications. At the public meeting1 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 pl1rsuant to subsection

(3)(6) of this Ruic. If fewer than three firms respond to the RJ7P 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 r�jeoted.

Board Selection of Auditor.
Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the finn ranked first and inquire of that firm as to the basis of compensation. If tho Board is unable to negotiate a satisfactory agreement with the first ranked fom 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 11egotiations 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 fom on the list, until an agreement is reached or the list offirms is exhausted.
Where compensation was selected as a factor used jn evaluating the proposals, the Board shall select the highest-ranked q ualified firm.
In negotiations with firms under this Rule, the Board may  allow the D isb:ict Manager, DistTict Counsel, or other designee to conduct negotiations on its behalf.
NotwiU1standing the foregoing, the Board may r�ject 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 21 8.39 of the Plorida Statutes, and the needs of the District.

Conh-act. Any agreement reached under this Rule shall be evidenced by a written contract, whioh may take the form ofan engagement letter signed and executed by both parties. The written contract shall include al I provisions and conditions of the procurement of such services and shall include, al a minimum, the following:

A provision specifying the services to be provided and fees or other compensation for such services;

A provision requiring that invoicos for fees or other compensation be submi tted in sufficient detail to demonstrate compliance with the terms of the conlract;

A provision setting forth deadli nes for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than July 1 of the fiscal year that follows the fiscal year for which the audit is being conducted;
A provision specifying the contrnct 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 selectjon procedures provided in this Rule, but must be in writing.
Provisions required by law that require the auditor to comply with public records laws.
Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimi le, or overnight delivery service. The notice shaJI include the following statement: "Failure to file a protest within the time prescribed in Rule 3.1 I 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 Ru.le 3 .11. No proposer shall be entitled to recover any costs ofproposal preparation or submittal from the D istrict.

Specific Authority: §§ 190.011 (5), 190.011 (15), Fla. Stat. LRW lmptcmentecJ: §§ 119.0701, 218.391, fi'la. Stnt.

S77°47'44"E 40 1.01 feet to the Point of Curvature of a curve concaved to the Northerly having a Radius of 975.00 feet, a Central Angle of 1 1 °24'13 ", a Chord Bearing of S83°29'5 1 "E and a Chord Distance of 1 93 .74 feet, thence along said curve 1 94.06 feet POINT OF BEGINNING. LESS AND EXCEPT; The maintained right of way for Pipkin Dairy Road and LESS AND EXCEPT; That certain parcel as described in Official Record Book 6341, Page 2006, of the Public Records of Polk County, Florida.
CONTAINING: 16,961,856 SQ. FT. OR 389.39 ACRES ±

Page 4 of 4

Ruic 3.3

(1) 

(2)

Purchase of Insurance.

Scope. The purchases of Ii fe, health, accident, hospitalizalion, legal expense, or annuity insurance, or al l of any kinds of such insurance for the officers and employees of the District, and for heallh, accident, hospitalization, and legal expenses upon a group insurance plan by the District, shall be govemed 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 liabil ity insurance, property insurance, and directors and officers insurance. Nothing in this Rule shall require the District to purchase insurance.
Procedure.	For a purchase of insw·ance within the scope of these Rules, the following procedLJre shall be followed:
The Board shall cause to be prepared a Notice of invitation to Bid.
Notice of U1e Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least fomteen (14) days for submittal ofbids.
The District may maintain a list of persons i nterested in receiving notices of Invitations to Bid. Persons who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail.
Bids shall be opened at the time and place noted in the Invitation to Bid.
If only one (1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessat)' in order to proceed with the purchase.

The Board has the right to rej ect any and all bids and sucb reservations shall be included in all solicitations and advertisements.

Simultaneously with the review of the submit1ed bids, the District may w1de1take 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 cont.ract to purchase insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.
Notice of the intent to award, including rejection of some or all bids, shall

be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight deli very service. The notice shall include the following statement: "Fail ure to file a protest within the time prescribed in Rule 3. 1 1 of the Rules of the District shall constitute a waiver of proceedings under those Rules, 11 or wording to that effect. Protests of the District's procurement of insurance under this Rule shall be in accordance with the procedures set forth in Rule 3 .11. 
S[JcciOc Authority: §§ J90.01 J (5), 190.011(15), Fla. Stat. Lnw Im plemented: § 112.08, Fla. Stat.

Ru le 3.4

(1 )

(2)

Pre-qualification
Scope. In its discretion, the District may undertake a pre-qualification process in accordance with this Rule for vendors to p1'0vide construction services, goods, supplies, and materials, Contractual Services, and maintenance services.
Procedure.	When   the   Dislr.icl  seeks  to  pre-qualify  vendors,   the   following procedures shall apply:

The Board shall cause to be prepared a Request for Qualifications.
For construction services exceeding the thresholds described in Section
255.20 of the Florida Statutes, the Board must advertise the proposed pre­ qualification  criteria  and  procedures  and  a.llow  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 ofthe Request for Qualifications for construclion services.
The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the District and within the county in whjch 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 fift-y thousand dollars ($250,000). The notice shall allow at least twenty-one (21) days for submittal or quali fications for construction services estimated to cost over two hundred fifty thousand dollars ($250,000) and thirty (30) days for construction services estimated to cost over five hundred thousand dollars ($500,000).
The District may maintain l ists of persons interested in receiving notices of Requests for QuaJi fications. The District shall make a good faith effort
to provide wr.itten 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 contrnct awarded in accordance with these Ru les and shall not be a basis for a protest of any pre-qualification delermination or contract awiu-d.
lf the District has pre-qualified vendors for a particular category of purchase, at the option ofthe District, only those persons who have been pre-qualified will be el igible to submit bids, proposals, replies or responses in response to the applicable Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Sol icitation.

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

Hold the required applicable state professional licenses in good standing;

Hold all required applicable federal licenses in good stru1ding, if any;

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

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

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

Qualifications shall be presented to the Board, or a commit.toe 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 natme.

Al.I  vendors  determ.ined  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  w.ith  qualified  vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for d iscussion and revision of qualifications. For construction services, any contractor pre-qualified and considered eligible by the Department of Transportation to bid to perform the type of work the project entails shall be presumed to be qualified to perform the project.

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if reject.ion 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.

U) 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 w.ithin tJ1e time prescribed in Rule 3.11 of the Rules of the District shall constitute a

waiver of proceedings under those Rules," or wording to thal 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-qua.li fication criteria and procedures for construction services shall be resolved in accordance with section (2)(b) of this Rule and Section 255.20( 1 )(b) ofthe Florida Statutes.
Specific Authority: §§ 190.0 11 (5), 1 90.01 1(1 5), Fin. Stat.
Law Implcmcntctl:  §§ 190.033, 255.0525, 255.20, Fin. Stnl'.

Rule 3.5

(1) 

(2)

Construction Contracts, Not Design-Build.
Sco}2Q:. All contracts for the construction or improvement of any build i ng, structure, or other public construction works authorized by Chapter 1 90 of the Florida Stat1.1tes, the costs of which are estimated by the District in accordance with general ly accepted cost accounting principles to be in excess of the tlu·eshold amount for applicabi lity of Section 255.20 of the Florida Statutes, as that amount may be i ndexed or amended from time to time, shall be let under the terms of these  Rules and the procedures of Section 255.20  of the fi'lorida  Stalutes, as the same may be amended from time to time. A project shall not be divided solely to avoid the threshold bidding requirements.
Procedure. When a purchase of construction services is within the scope of this Rule, the following ptocedures shall apply:
The  Board  shall  cause to  be prepared  an  Invitation  to  Bid,  Request for Proposals, Invitation to Negotiate, or Competitjve Solicitation.

Notice of the invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation in the Di strict and in the county in which the DistTict is located. The notice shall also include the amount ofthe bid bond, if one is required. The notice shall allow at least twenty-one (2 1) days for submittal of sealed bids, prnposals, replies, or responses, unless the Board, for good cause, determines a sho1ier period of time is appropriate. Any project projected to cost more than five hundred thousand dol lars ($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-q ualified contractors pursuant to Rule 3.4 and determined that on Jy the contractors that have  been pre-q ualified  will  be permitted to submit bids, proposals, repl ies, 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 ProposaJs, Invitation to Negotiate, or Competitive Solicitation shall be sent to the pre-qualified contractors by United States Mail, hand delivery, facsimile, or overnight delivery service.
The District may maintain l ists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive  Solicitations.   The  District  shall  make  a good  faith effort  to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the Distiict Manager for inclusion on the list. However, failure of a petson to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall nut be a basis for a protest of any contract award.
If the District has pre-qualified providers of construction services, thon, at the option of the District, only those persons who have been pre-qual ified

will be eligible to submit bids, proposals, repl ies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.
In order to be chgible to submit a bid, proposal, reply, or response, a firm or individual must, at the time of receipt of the bids, proposals, replies, or responses:

Hold the required applicable state professional licenses in good standing;

Hold all required appllcablc federal licenses in good standing, if any;
(Hi) 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, w1employment 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 pl'oposal 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. Failme to submit evidence of compliance when required may be grounds for rejection ofthe bid, proposal, reply, or response.

Bids, proposals, repUes, 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, lnvitation to Negotiate, or Competitjve 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 ofpricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening;

provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications,
clarifications, or supplementations, and as otherwise permitted by Florida law.
The lowest Responsive Bid submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid shall be accepted. In relation to a Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the Board shall select the Responsive Proposal, Reply, or Response submil1ed by a Responsive and Responsible Vendor which is most advantageous lo the District. To assw-e full u nderstanding 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, repl ies, and responses.
The Board shall have the right to rejecl all bids, proposals, replies, or responses because tl1ey exceed the amount of funds budgeted for U1e purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest ofthe District. No contractor shal I be entitled to recover any costs of bid, proposal, response, or reply preparation or submittal from the District.

)  The  Board  may  require  potential  contractors  to  furnish  bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.
Notice of intent to award, including rej ection of some or all bids, proposals, replies, or responses, shall be provided in writing to aJI contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall in.elude the following statement:
''Failme to file a protest within the time prescribed in Rule 3.1 1 of the Rules of the District shall constitute a waiver of proceedings undci- those Rules," or wording to tbat 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. 
lf less than three (3) Responsive B1ds, Proposals, Replies, or Responses are received, the District may purchase constrnction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Roply, 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)

(4)

(5 )

(6)

Sole Source; Government. Construction services that are only available from a single  source  arc  exempt  from  this  Rule.    Construction  services  provided  by governmental agencies are exempt frorn this Rule. This Rule shall not apply to the purchase of construction services, which may include goods, supplies, or materials, that arc purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or locaJ govemment in a mannet' consistent with the material procurement requirements ofthese Rules. A contract for construction services is exempt fron1. this RL1le if state or federal law prescribes with whom the District must contract or if the rate of payment is establ ished during the appropriation process.
Contracts; Public Records. 1n accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.
Emergency Purchases. The District may make an Emergency Purchase without complying with these rnles. The fact that an Emergency Purchase has occurred or is necessary shall be noted in the minutes of the next Board Meeting.
Exceptions. This Rule is inapplicable when:
The proj ect is unde1taken as repair or maintenance of an existing public facility;
The funding source of the proj ect will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the funding source must be spent;
The District has competitively awarded a project and the contractor has abandoned the project or the District has terminated the contractor; or
The District, after public notice, conducts a public meeting under Section
286.01 1 of the Florida Statutes, and finds by a majority vote of the Board that it is in tbe public's best i nterest to perform the project using its own services, employees, and equipment.

Specific Authorily: §§ 190.011(5), 190.0 l 1(15), Fla. Stat.
Lnw Implcmcntctl: §§ I 19.0701, 189.053, 190.033, 255.05 18, 255.0525,255.20, 287.055, Fin. Stut.
Rule 3.6	Construction Contracts, Design-Build.
)  Scope.   The   District  may   utilize  Dcsign-Bttild   Contrnots   for  any public construction project for which the Board determines Lhat use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.
The District shall ulilize 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-Bui Id Firms, and detenni11ing compliance of the project construction with lhe Design Criteria Package. The Design Criteria Professional may be an employee of the District, may be U1e District Et1gineer selected by the District pursuant to Section 287 .055 of the Florida Statutes, or may be retained pmsuant to Rule 3 .1. The Design Criteria Professional is not eligible to render services under a Design-Build Contract executed pursuant to the Design C1iteria Package.
A Design Criteria Package for the construction project shall be prepared and sealed by the Design Criteria Professional. II the project utilizes existing plans, the Design Criteria Professional shall create a Design Criteria Package by supplementing the plans with project specific requirements, if any.

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications based selection process pursua11t to Rule 3. 1. 

Qualifications-Based Selection. Ifthe process set fotih in Rule 3 .1 is utilized, subsequent to competitive negotiations, a guaranteed maximum price and guaranteed completion date shall be established.
Competitive Proposal-Based Selection. Ifthe competitive proposal selection process is utilized, the Board, in consultation with the Design Criteria ProfcssionaJ, shall establish the criteria, standards and procedm-es for the evaluation of Design-Build Proposals based on pl'ice, 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 fol lowing procedure:
A Request for Proposals shall be advertised at .least 011ce in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least twenty-one (2 1) days for submittal of sealed proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than Live hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal ofproposals.

The District may maintain lists of persons interested in receiving notices of Requests for Proposals. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or racsimile, to persons who provide their name and address to

the District Manager for inclusion on the l ist. However, failure of a person to receive the notice shall nol invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest ofany contract award.
In order to be eligible to submit a proposal, a firm mus!, al the time of receipt of the proposals:
I Iold the required applicable stat�  professional l icenses jn good standing, as defined by Section 287.055(2)(h) ofthe Flotida Statutes;
Hold al l required applicable federal l icenses in good standing, ifany;
I lold a current and active Florida corporate charter or be authorized to do busi ness in the State of Florida in accordance with Chapter 607 of the Florida Statutes, ifthe proposer is a corporation;
Meet any special pre-qualification requirements set forth in the Request for Proposals and Design Criteria Package.

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regard ing
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 compl iance with these Rules must be submitted with the proposal if required by the District. Failure to submit evidence of compliance when required may be grounds for rejection of the proposal.
The proposals, or the po1tions of which that include the price, shall be pub]icly opened at a meeting noticed in accordance with Ruic 1 .3, and at which at least one district representative is present. The name ofeach bidder and the price submitted in the bid shall be announced at such meeting, and shall be inade available upon request. Minutes should be taken at the meet ing and maintai ned 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 quali fications, avai lability, and pasl work

of the firms and the partners and members thereof The Board shall then select no fewer than three (3) Design­ Build Firms as the most qualified.

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

If less than three (3) proposals are received, the District may purchase design-build services or may rej ect 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 pw:chase of the design-build services without further competitive selection processes.

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

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Boan.J determines is fair, competitive and reasonable. Should the 13oard be wiable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by 1he 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
:fitms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

After the Board contracts with a firm, the firm shall bring to the Board for approval, detailed working drawings of the project.
I 0. The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and projecl construction with the Design Criteria Package, and shall provide the Board with a repo1t of the same.
Contracts; Public Records. In accordance with Florida law, each contract entered into pursuant to this Rule shall include provisions required by law that require the contractor to comply with public records laws.
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.
Exceptions. This Rule is inapplicable when:

The project is undertaken as repair or maintenance of an existing public facility;
The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the (1mding source must be spent;

The District has competitively awarded a project and the contractor has abandoned the project or the District has te,minated the contractor; or
The District, after public notice, conducts a public meeting under Section 286.0l 1 of the Florida Statutes, and finds by a majority vote ofthe Board that it is in the public's best i nterest to perform the project using its own ser:vices, employees, and equipment.

Specific Authority: §§ 190.01 1(5), 190.011 ( 15), Fin. St11t.
Law Tmplcmentecl: §§ I19.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stnt.

RlllC 3.7

{ l) 

(2)

(3)

Payment and Performance Bonds.
Scope, This Rule shall apply to contracts for the construction of a public building, for the prosecution and completion ofa public work, or for repairs upon a public building or public work, and shall be constrned in addition to terms prescribed by any other Rule that may also apply to such contracts.
Required Bond. Upon entering into a contract for any of the services described in section (1) ofthis Rule in. excess of $200,000, the Board should require that the contractor, before conuncncing the work, execute and record a payment and performance bond in an amount equal to the contract price. Notwithstanding the te1ms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.
Discretionary Bond. At the discretion of the Board, upon entering into a contract for any of the services described in section (1) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

Specific Authority: §§ 190.011 (5), 190.011(15), li'IR. Stat. Law Implemented: § 255.05, Fin. Stnt.

Rule 3.8

(I) 

(2)

Goods, Supplies, and Materials.
Purpose and Scope. /.\ll purchases of goods, supplies, or materials exceeding the amount provided in Section 287.0 17 of the Florida Statutes, for CATEGORY
FOUR, shall be purchased under the terms or this Rule. Contracts for purchases
of ''goods, supplies, and materials" do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.
Procedure. When a purchase of goods, suppliesi or materials is within the scope of this Rule, the following procedures shall apply:
The Board shall cause to be prepared an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.
Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located.   The notice sha.11  also include the amount of the bid bond, ifone is required. The notice shall allow at least seve11 (7) days fr>r submittal of bids, proposals, replies, or responses.
The District may maintain lists of persons interested in receiving notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, or Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with tllis Rule and shall not be a basis for a protest of any contract award.
If the District has pre-qualified suppliers of goods; supplies, and materials, then, at the option of the District, only those persons who have been pre­ qualified will be eligible to submit bids, proposals, replies, or responses.
111 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:

Bold the requi red applicable state ptofessional licenses in good standing;
I lold all requi red applicable federal licenses jn good standing, if any;

Hold a current and active Florida corporate charter or be authorized to do business in the State of Florida in accordance with Chapter 607 ofthe Florida Statutes, if the vendor is a corporation; and
Meet any special pre-quali !ication requirements set faith 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 ofcompliance when required may be gro1mds for rejection of the bid, proposal, reply, or response.
Any firm or individual whose principal place of busi ness 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, ifany 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. Fail ure to submit such a written opinion or submission of a false or misleading written opinion may be grounds for r�jection of the bid, proposal, reply, or response.
(i) 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 Solici tation. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation
to Bid, Request for Proposals, Tnvitation 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 ofthe 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 a fter opening; provided however, additional information
may be requested and/or provided to evidence compliance, make non­ material modifications, cJariJications, or supplementations, and as otherwise permitted by F lorida law.

The lowest Responsive Bid, after taking into account the preferences provided   for   in   this   subsection,   submitted   by   a   Responsive   and Responsible Bidder in response to an Invitation to Bid, Request for
Proposals, Invitation to Negotiate, or Competitive Solicitation shall be accepted. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which does not grant a preference in competitive purchase to businesses whose principal place of business are in U1at foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shal I be awarded a preference of five (5) pe1·cent. Jf the l owest 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 put·chase to businesses whose pdncipal 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 f·ull understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

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

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

G) Notice of intent to award, including rejection of some or al) bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery
service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.1 t of the Rules of the Districl shall constitute a waiver of proceedings under those Rules,1' or wording to that effect. Protests of the District's purchase of goods, supplies, and matetials under this Rule shall be in accordance with the procedures set forth in Rule 3.1 1.

(k) ]fless than tlu-cc (3) bids, proposals, replies, or responses are received, the Disttict 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.

Goods, Supplies, and Materials included in a Construction Contract Awarded Pursuant to Rule 3.5 01· 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 cont ract and directly purchase the

goods, supplies, and materials. Such purchase of goods, supplies, and materials deducted from a competitively purchased construction contract sha ll be exempt from this Rule.

Exemption. Goods, supplies, and materials that are only available from a sjngle source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from th.is 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 U1e rate of payment is established dut'i11g the appropriation process. This Rule shall not apply to the purchase of goods, supplies or materials that ate purchased under a federal, state, or local government contrnct that has been competitively procured by such federal, stale, or local government in a maru1er consistent with the material procurement requirements of these Rules.

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a period that may not exceed tlu·ee (3) years or the term ofthe original contract, whichever period is longer.

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

Specific Authority: §§ 190.0l l(S), 190.0 J J( JS), Fla. Stilt.
Law Implemented:  §§ 189.053, 190.033, 287.017, 287.084, Fla. StRt.

Rule 3.9
( 1 )

(2)

Maintenance Services.
Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule jf the cost exceeds the amount provided in Section
287.0 17 of the Florida Statutes, for CATEGORY FOOR. A contract involving goods, supplies, and materials plus maiJ.1tenance services may, in the discretion of the Board, be treated as a conti-act for maintenance sei·vices. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

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

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

Notice of the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be advertised at least once in a newspaper of general cii-culation within tb.e District and within the county in whicb 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, rep! les, or responses.

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

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

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

Hold the required applicable state professional licenses 111 good standing;

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

Hold a current and active Florida corporate cha1'ter 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; i:u;d

Meet any special pre�qualification requirements set forth in the Invitation to Bid, Request for Proposals, lnvitalion to Negotiate, or Competitive Sollcitation.
Evidence of compliance with these Rules must be submitted with the bid, proposal, reply, or response if required by the Disttict. Fai lure to submit evidence ofcompliance when required may be grounds for rejection ofthe bid., proposal, reply, or response.
Bids, proposals, replies, and responses shall be publicly opened at the time and place noted on the Invitatio11 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, Tnvitation to Negotiate, or Competitive Solicitation, and these Rules. Minor variations in the bids, proposals, replies, and responses may be waived by the Board. A variation is minor if waiver of the variation does not create a competitive advantage or disadvantage of a material nature. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids and proposals may not be modified or supplemented after opening; provided however, additional information may be requested and/or provided to evidence compliance, make non-material modifications, clarifications, or supplementations, and as otherwise permitted by Florida law.
The lowest Responsive Bid submitted in response to an invitation to Bid by a Responsive and Responsi ble Bidde1· 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 lhe solicitation requirements contained in a Request for Proposals, Invitation lo Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded fair treatment prior to the submittal elate with respect to any opportunity for
discussion, preparation) and revision of bids, proposals, replies, or responses.

The Board shall have the right to rej ect all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are nol 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 subrnittaJ from the District.
The Board may require bidders and proposers to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be aJJproved by the Board.

U) Notice of intent to award, including rejection of some or all  bids, proposals, replies, or responses shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in R,ule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's procurement of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.1 1.

(k) If less than three (3 ) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may rej ect the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take whatever steps reasonably necessary in order to proceed with the procurement of maintenance services, which steps may include a direct pmchase of the mainlenance services without further competitive selection. processes.

(3) 

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

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for a period that may not exceed three (3) years or the te1m ofthe originaJ contract, whichever period is longer.

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

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

Specific Authority: §§ 190.011(5), 190.0JJ(J S), 190.033, Fla. Stat. Law Implemented: §§ l t 9.070 I, 190.033, 287.017, Fla. Stnt.

Rule 3.10

(]) 

(2)

Contractual Services.
Exemption from Competitive Ptll'chase. Pmsuant to Section 1 90.033(3) or the Florida Statutes, Contractual Services shall not be subject to competitive purchasing req uirements. lf an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to compet itive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Tnvitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, no rights or remedies under these Rules, including but not lim ited to protest rights, are conferred on persons, finns, or vendors proposing to provide Contractual Services to the District.

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

Spccirlc Authority: §§ 190.011(5), 190.0 .1 1(15), Fin. Stnt.
Lnw Implemented: §§ 119.070 1, 190.011 (3), 190.033, Fin. St11t.

Rule 3.11	Protests With Respect To P t·occedings under Rules 3. 1, 3.2, 3.3,
3.4, 3.5, 3.6, 3.8, and 3.9.

The resolution of any protests with respect to proceedings under Rules 3 .1 , 3 .2, 3.3, 3.4, 3.5, 3. 6, 3.8, and 3.9 shall be in accordance with this Ruic.
Filing.
With respect to a protest regarding qualifications, specifications, docume11tation, or other requirements contained in a Request for Qualifications, Request for Proposals, Invitation to Bid, or Competitive Solicitation issued by the District, the notice of protest shall be filed in writing within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after the fast advertisement of the Request
for Quali fications, Request for Proposals, Invitation to Bid, or Competitive Solicitation. A formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was tiled. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's intended decision. Failure to file a formal written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.
Except for those situations covered by subsection  ( l)(a) of tl1is Rule, any firm or person who is affected adversely by a District's ranking or intended award under Rules 3. 1, 3.2, 3.3, 3.4, 3.5, 3 .6, 3. 8, or 3.9 and desires to contest the District's ranking or intended award, shall file with the District a written notice of protest within seventy-two (72) calendar hours (excluding Saturdays, Sundays, and state holidays) after receipt of the notice of the District's ranking or i ntended awi1rd. A formal protest setti11g forth with pruticularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days (including Saturdays, Sundays, and state holidays) after the initial notice of protest was filed. For pttrposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to file a notice of protest shall constitute a waiver of all rights to protest the District's  ranking  or  i ntended  award.    l•'ailure  to  fi le  a  for1nal  written protest shall constitute an abandonment of the protest proceedings and shall automatically terminate the protest proceedings.
[f disclosed in the District's competitive sol icitation documents for a particular purchase under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3 .6, 3.8, or 3.9, the Board may require any person who ft!es a notice of protest to post a protest bond jn the amount equal to l % of the anticipated conti-act amount that is the subject of the protest. ln the event the protest is successfol, the protest bond shall be refunded to the protester. Jn the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs,

expenses, and attorney's fees associated with hearing and defending lhe protest. ln the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protcstor.
The District does not accept documents filed by electronic mail or facsimile transmission. Filings are only accepted during normal business hours.
Contract Execution. Upon receipt of a notice of protest which has been timely filed, the Disttict shall not execute the contract under protest until the subject of the protest is resolved. However, if the District sets forth in writing partiCl.d.ar facts and ci rcwnstances showing U1at delay incident to protest proceedings will jeopardize the funding for the proj ect, will materially i ncrease the cost of the project, or will create an immediate and serious danger to tbe public health, safety, or welfare, the contract may be executed.
Informal Proceeding. ff the Board determines a protest does not involve a disputed issue of material fact, the Board may, but is not obligated to, schedule an informal proceeding to consider the protest. Such informal proceed ing shall be at a time and place determined by the Board. Notice of such proceeding shall be sent via facsimile, United States Mail, or hand delivery to the protestor and any substantially affected persons or parties not less than three (3) calendar days prior to such informal proceeding. Within thirty (30) calendar clays following the informal proceeding, the Board shall issue a written decision set1ing forth the factual, legal, and policy grounds for its decision.
Formal Proceeding. lf the Board determines a ptotest involves disputed issues of material fact or if the Board elects not to use the informal proceeding process
provided  for  in  section  (3)  of  this  Rule,  the  District  shall  schedule  a  formal hearing to resolve the protest. The Chairperson shall designate any member ofthe Board (including the Chairperson), District Manager, Dish'ict Counsel, or other
person as a hearing officer to conduct the hearing. The hearing officer may:
Administer oaths and affitmations;
Rule upon offers ofproof and receive relevant evidence;
Regulate the course ofthe hearing, including any pre-hearing matters;
Enter orders; and
Make or receive offers of settlement, s(iplllation, and adj ustment.
The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, tile a recommended order which shall incl ude a caption, time and place of hearing, appearances entered at tbe hearing, statement of the issues, findings of fact and conclusions of law, separate ly stated, and a recommendalion for final District action. The District shall allow each

party fifteen (1 5) days in which to submit written exceptions to the recommended order. The District shall issue a final order within sixty (60) days after the filing of the recommended order.

Intervenors.  Other  substantially  affected  persons  may Jorn  the  proceedings  as intervenors on appropriate terms which shall not unduJy delay the proceed ings.

Rejection of all Qualifications. Bids. Proposals. Replies and Responses after Receipt ofNotice ofProtest. If the Board determines there was a violation of law, defect or an in-egulatity in the competitive solicitation process, or if the Board determines it is otherwise in the District>s best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. lf the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitaOon process anew, any pending protests shall automatically terminate.

Settlement. Nothing herein shall preclude the settlement ofany protest under this Ruic at any time.
Specific Authority: §§ 190.01 1 (5), 190.01 1( 15), Fin. Stnt. Lnw Implemented: § 190.033, Fla. Stat.

Rule 4.0	Effective Date.
These Rules shall be effective March 8, 2018, except that no election of officers required by these Rules shall be required until after the next regular election for the Board.
Specific Authority: §§ 190,01 1(5), 190.011(15), ma. Stat.
Law Imp lemented: §§ 190.0 1 1(5), 190.011(15), Fla. Stnt.