Tapestry Community Development District

Agenda October 13, 2021

A GENDA

Tapestry
Community Development District

219 E. Livingston Street, Orlando, Florida 32801 Phone: 407-841-5524- Fax: 407-839-1526

October 6, 2021

Board of Supervisors Tapestry Community Development District

Dear Board Members:

The meeting of the Board of Supervisors of Tapestry Community Development District will be held Wednesday, October 13, 2021 at 11:30 AM at the Hart Memorial Central Library, 211 E. Dakin Avenue, Room 120, Kissimmee, Florida. Following is the  advance  agenda  for  the meeting:

RollCall
Public Comment Period
Organizational Matters
Administration of Oath of Office to Newly Elected Supervisor
Appointment of Individuals to Fulfill Vacancies in Seats #4 & #5
Election of Officers
Consideration of Resolution 2022-02 Electing Officers
Approval of Minutes of the August 11, 2021 Meeting
Public Hearing
Consideration of Resolution 2022-01 Adopting the Amended and Restated Rules of Procedure
Consideration of Agreement with Grau & Associates to Provide Auditing Services for  the Fiscal Year 2021
Consideration of Landscape Maintenance Agreement with Yellowstone Landscape
Staff Reports
Attorney
Engineer
District Manager's Report
Approval of Check Register
Balance Sheet and Income Statement
Supervisor's Requests
General Audience Comments
Adjournment

The second order of business is the Public Comment where the public has an opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items.

The third order of business is the Organizational Matters. Section A is the administration of the Oath of Office to the newly elected supervisor. Section Bis the appointment of individuals to fulfill the vacancies in Seats #4 and #5. Section C is the election of officers and Section D is the

consideration of Resolution 2022-02 electing officers. A copy of the Resolution is enclosed for your review.

The fourth order of business is approval of minutes of the August 11, 2021 meeting.  The minutes are enclosed for your review.

The fifth order of business opens the public hearing for the adoption rules. Section A is the consideration of Resolution 2022-01 adopting the amended and restated Rules of Procedure. A copy of the Resolution and proposed rules are enclosed for your review.

The sixth order of business is the consideration of agreement with Grau & Associates to provide auditing services for the Fiscal Year 2021. A copy of the agreement is enclosed for your review.

The seventh order of business is the consideration of landscape maintenance agreement with Yellowstone Landscape . A copy of the agreement is enclosed for your review.

Section C of the eighth order of business is the District Manager's Report. Sub-Section 1 is the approval of the check register and Sub-Section 2 includes the balance sheet and income statement for your review.

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

Sincerely,
l;;sF. t
District Manager

CC:	Lindsay Whelan, District Counsel Mark Vincuntonis, District Engineer Darrin Mossing, GMS

Enclosures

SECTION D

=--·-		·a

.      . . .. ·.	.,	-==-·

RESOLUTION 2022-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TAPESTRY COMMUNITY DEVELOPMENT DISTRICT ELECTING THE OFFICERS OF THE DISTRICT AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the Tapestry Community Development District (the "District") is a  local unit of special purpose government created and existing pursuant to Chapter 190, Florida  Statutes; and

WHEREAS, the Board of Supervisors of the District ("Board") desires to elect the Officers of the District.

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

Section 1.

_ _ _ _ _ _ _

_  _  _	is elected Chairperson.

Section 2.	 	is elected Vice-Chairperson.

Section 3.

_ _ _ _ _ _ _

_  _  _	is elected Secretary.

Section 4.

- - - - - - - - - -
- - - - - - - - - -

is elected Assistant Secretary. is elected Assistant Secretary.

----------is elected  Assistant Secretary.
----------is elected Assistant Secretary.

Section 5.

Section 6.

- - - - - - - - - -
- - - - - - - - - -

is elected Treasurer.

is elected Assistant Treasurer.

Section 7.	This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 13th day of October, 2021.

ATTEST:	TAPESTRY COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice-Chairperson

M INUTES

,,,.·-:-E .;:-	•- ··

MINUTES OF MEETING TAPESTRY
COMMUNITY DEVELOPMENT DISTRICT

The regular meeting of the Board of Supervisors of the Tapestry Community Development District was held Wednesday, August 11, 2021 at 11:30 a.m. at the Hart Memorial Central Library, 211 E. Dakin Avenue, Roseada Room, Kissimmee, Florida

Present and constituting a quorum were:

Chuck Bell Thomas Franklin Duane Owen

Chairman Assistant Secretary Assistant Secretary

Also present were:

George Flint Carl Eldred Pete Glasscock

District Manager District Counsel District Engineer

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

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

THIRD ORDER OF BUSINESS	Organizational Matters
Administration of Oath of Office to Newly Elected Supervisor
Appointment of Individuals to Fill Vacancies in Seats 4 & 5
Consideration of Resolution 2021-07 Electing Officers
This item was tabled.

FOURTH ORDER OF BUSINESS	Approval of the Minutes of the June 9, 2021
Meeting

On MOTION by Mr. Franklin seconded by Mr. Bell with all in favor the minutes of the June 9, 2021 meeting were approved as presented.

August 11, 2021	Tapestry CDD

FIFTH ORDER OF BUSINESS	Public Hearing

On MOTION by Mr. Franklin seconded by Mr. Bell with all in favor the public hearing was opened.

Consideration of Resolution 2021-08 Adopting the Fiscal Year 2022 Budget and Relating to the Annual Appropriations
Mr. Flint stated the first resolution is 2021-08 and attached to that is the budget for Fiscal Year 2022. You previously approved a proposed budget and set today as the date, place, and time of the public hearing for its final consideration. There have been no substantial changes to this since you last saw it other than we updated the actuals through June 30th and projected the last three months of the current year. The administrative costs have gone up by about $2,000 part of that is a 3% increase in management fees, part is insurance and some various other increases. The operation and maintenance budget has gone down by $2,000 to balance the budget; we reduced the contingency slightly from $13,650 to $11,426. The total budget remains the same at $203,354 and the per unit assessment amounts remain the same as the current fiscal year.
There are no members of the public present to provide comment or testimony.

On MOTION by Mr. Franklin seconded by Mr. Bell with all in favor Resolution 2021-08 was approved.

Consideration of Resolution 2021-09 Imposing Special Assessments and Certifying an Assessment Roll
Mr. Flint stated the second part of the public hearing is Resolution 2021-09 imposing special assessments and authorizing the certification of the assessment roll to Osceola County for inclusion on the annual tax bill. Exhibit A attached to the resolution is the budget you just adopted and exhibit B is the assessment roll that lists all the properties in the District and the per unit assessment amounts.
There are no members of the public present to provide comment or testimony.

On MOTION by Mr. Franklin seconded by Mr. Bell with all in favor Resolution 2021-09 was approved.

On MOTION by Mr. Bell seconded by Mr. Owen with all in favor the public hearing was closed.

August 11, 2021	Tapestry CDD

SIXTH ORDER OF BUSINESS	Review and Acceptance of the Fiscal Year
2020 Audit Report
Mr. Flint stated next is review and acceptance of the Fiscal Year 2020 audit report. The CDD as a governmental entity is required to have an annual audit and you engaged Grau & Associates for that purpose. The audit report has been submitted to the State of Florida prior to June 30th as required. We are asking the Board to ratify our actions in transmitting to the State and as part of that motion to accept the audit. There are no current or prior year findings or recommendations and we have complied with the provisions of the Auditor General and it is a clean audit.

On MOTION by Mr. Franklin seconded by Mr. Bell with all in favor the Fiscal Year 2020 audit report was accepted and staffs actions in transmitting the audit report to the State of Florida was ratified.

SEVENTH ORDER OF BUSINESS	Consideration of Resolution 2021-10 Setting a
Public	Hearing	to   Adopt   Amended	and Restated Rules of Procedure
Mr. Flint stated at the last meeting you scheduled a rule hearing for today, we had an issue with the notice for the rule hearing. The proposed rule changes were just a cleanup of the rules of procedures, there were no specific issues that required them to be amended other than the updating in accordance to changes in the statutes. We included Resolution 2021-10 in the agenda package, canceling the public hearing for today and scheduling a new date for a public hearing and I left that date blank. The Board meets on an as needed basis so you have flexibility in the date you choose to do that. It needs to be sometime after September 15th• The second Wednesday in October is October 13th.

On MOTION by Mr. Bell seconded by Mr. Franklin with all in favor Resolution 2021-10 canceling the public hearing for today and setting a public hearing on the amended and restated rules of procedure for October 13, 2021 at 11:30 a.m. was approved.

EIGHTH ORDER OF BUSINESS	Staff Reports
Attorney
There being none, the next item followed.

Engineer

August 11, 2021	Tapestry CDD

There being none, the next item followed.

Manager
Approval of Check Register
Mr. Flint presented the check register from June 1, 2021 through August 3, 2021 in the amount of $36,611.06.

On MOTION by Mr. Bell seconded by Mr. Franklin with all in favor the check register was approved.

Balance Sheet and Income Statement
A copy of the balance sheet and income statement were included in the agenda package.
There was no Board action required.

Approval of Fiscal Year 2022 Meeting Schedule

On MOTION by Mr. Bell seconded by Mr. Owen with all in favor the notice indicating that the Board will meet on an as needed basis in Fiscal Year 2022 was approved.

NINTH ORDER OF BUSINESS	Supervisors Requests
There being none, the next item followed.

TENTH ORDER OF BUSINESS
There being none,

ELEVENTH ORDER OF BUSINESS
There being none,

General Audience Comments

Adjournment

On MOTION by Mr. Bell seconded by Mr. Franklin with all in favor the meeting adjourned at 11:44 a.m.

Secretary/Assistant Secretary	Chairman/Vice Chairman

S ECTION V

S ECTION A

RESOLUTION 2022-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TAPESTRY COMMUNITY DEVELOPMENT DISTRICT ADOPTING AMENDED AND RESTATED RULES OF PROCEDURE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WllEREAS, Tapestry Community Development District ("District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Osceola County, Florida; and

WHEREAS, Chapter 190, Florida Statutes, authorizes the District to adopt rules to govern the administration of the District and to adopt resolutions as may be necessary for the conduct of District business; and

WHEREAS, the District has previously adopted Rules of Procedure to govern the administration of the District; and

WHEREAS, to provide for efficient and effective District operations and to maintain compliance with recent changes to Florida law, the Board of Supervisors finds that it is in the best interests of the District to adopt by resolution the Amended and Restated Rules of Procedure attached hereto as Exhibit A for immediate use and application; and

WHEREAS, the Board of Supervisors has complied with applicable Florida law concerning rule development and adoption.

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

SECTION 1. The attached Amended and Restated Rules of Procedure are hereby adopted pursuant to this resolution as necessary for the conduct of District business. These Amended and Restated Rules of Procedure replace all prior versions of the Rules of Procedure, and shall stay in full force and effect until such time as the Board of Supervisors may amend these rules in accordance with Chapter 190, Florida Statutes.

SECTION 2. If any provision of this resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 3. This resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 13th day of October, 2021.

ATTEST:	TAPESTRY COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman/Vice Chairman, Board of Supervisors

Exhibit A:	Amended and Restated Rules of Procedure

EXHIBIT A:
AMENDED AND RESTATED RULES OF PROCEDURE

AMENDED AND RESTATED RULES OF PROCEDURE

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COMMUNITY DEVELOPMENT DISTRICT

Tl.BLE OF CONTENTS

U l	GeAerAI ................ .............. ....... ...................................... ..... ...................................... .	2
 	1.1	80aF0 ef SllperYisel'S; Offieel'S aHcl Veting ...................................................	3
 	1.2	Distfiet Offiees; P1:1blie lflfeffflfttien and Inspeetiefl ef ReeOFas; Pelieies;
Serviee Centrael Reijt1ifefflem s.......... ................ .................................... ........	7
 	1.3	P1:1blie Meetings, HeariBgs, ana WOFl,sheps ............. .....................................
2.G	Riilefflal,ieg    Preeeeaiegs   ...........................................................................................
3.G	C0H1petiti·,•e P1:1rehase ..........................................................................•·•··•••••••·•····•···	21
 	3.1	Preee01:1re Unser The Censl:l!taHts' Cempetitive Negetiatien Aet	20
 	3.2	Preee0\lfl! Regarcliflg A1:10iter Seleetien ........................................................
 	3.3	Pllfehase ef lnSl:lfl}flee	34
 	:'.: l	Pre ijl:IBlifiea1i0H•. .•• .. ...... .... ....... ...... .. ...... ......... ..... .... ..• ... .. ....... .... .... ...... ..•	36
 	3.S	Censtrtietiee Gef!ffl!ets, J>fot Design 81:1il0	39
 	3.e	CenstrtietieH  Cef!ffilets, Design 811il0	43
3.7	Payment ana PerfeRHaHOO Benes	48
3.8	G000s, Sllflplies, !!HB Materials ....................................................................

 	3.9	}.4aintenaHee Sep,•iees ....... .......................... ...................................................
 	3.W	Ceetroetllal    SeNiees  ......................................................................................

53
'.ie

3.11	Pretests v;ith Respeet te Preeeeaings Hnaer R1:1les 3.1 , 3.2, 3.3, 3.4,
3.5, 3.e, J.8, aAEI 3.9	S7

 4.G	

Bffeeti·,·e Date	eG

EFFECTIVE AS OF  	

20_

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

TABLE OF CONTENTS
Rule  1.0   General.	3

Rule 1.1

Rule 1.2

Rule 1.3

Rule 1.4

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

Rule 2.0    Rulemaking Proceedings	17
Rule 3.0    Competitive Purchase	23

Rule 3.1

Rule 3.2

Rule 3.3

Rule 3.4

Rule 3.5

Rule 3.6

Rule 3.7

Rule 3.8

Rule 3.9

Rule 3.10 Rule3.ll

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

Rule 4.0 Effective Date	67
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Rule  1.0	General.

(1)

The._ _

_ _ _ _ _

_ _ _

_	Community Development District (the

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

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

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

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

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

Formatted: Heading 2, Left, Tab stops: Not at -0.75" +
-0.5" + 0" + 0.5'' + 1" + 1.5" + 2" + 2.5" + 2.75" + 3"
+ 3.5" + 4.06" + 4.5" + 5" + 5.5" + 6.06" + 6.5''

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Rule 1.1

(I)

Board of Supervisors; Officers and Voting.

Board of Supervisors. The Board of Supervisors of the District (the "Board") shall consist of five (5) members. Members of the Board ("Supervisors") appointed by ordinance or rule or elected by landowners must be citizens of the United  States of America and residents of the State of Florida. Supervisors elected or awointed by FesieeRt eleeteFsthe Board to elector seats must be citizens of the United States of America, residents of the State of Florida and of the District; and registered to vote with the Supervisor of Elections of the county in which the District is located;-tlflEi and for those elected, shall also be qualified to run by the Supervisor of Elections. The Board shall exercise the powers granted to the District under Florida law.

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

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

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

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

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

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and
contracts  on   the  District's  behalf.     The  Chairperson   shall  convene  and	Formatted: Centered, Position: Horizontal: Left, Relative to:

conduct all meetings of the Board. In the event the Chairperson is unable to attend a meeting, the Vice-Chairperson shall convene and conduct the meeting. The Chairperson or Vice-Chairperson may delegate the responsibility of conducting the meeting to the District's manager ("District Manager") or District Counsel, in whole or in part.

The Vice-Chairperson shall be a member of the Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. The Vice-Chairperson has the authority to execute resolutions and contracts on the District's behalf in the absence of the Chairperson. If the Vice-Chairperson resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairperson. The Vice-Chairperson serves at the pleasure of the Board.

The Secretary of the Board serves at the pleasure of the Board and need not be a member of the Board. The Secretary shall be responsible for maintaining the minutes of Board meetings and may have other duties assigned by the Board from time to time. An employee of the District Manager may serve as Secretary. The Secretary shall be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

The Treasurer need not be a member of the Board but must be a resident of the State of Florida. The Treasurer shall perform duties described in Section 190.007(2) and (3) of the Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of the Board. The Treasurer shall either be bonded by a reputable and qualified bonding company in at least the amount of one million dollars ($1,000,000), or have in place a fidelity bond, employee theft insurance policy, or a comparable product in at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, resolu tions, and other documents approved by the Board at such meeting. In the event that the Chairperson and Vice-Chairperson are both unavailable to execute a document previously approved by the Board, the Secretary or any Assistant Secretary may execute such document.
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The Board may assign additional duties to District officers from time to time, which include, but are not limited to, executing documents on behalf of the District.

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

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

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

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

Votin!! Conflict of Interest. The Board shall comply with Section 112.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida Constitution and Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member's special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

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

If the Board member was elected at a landowner's election or appointed to fill a vacancy of a seat last filled at a landowner's election, the Board member may vote or abstain from voting on the matter at issue. If the Board member was elected by electors residing within the District, the Board member is prohibited from voting on the matter at issue. In the event that the Board member intends to abstain or is prohibited from voting, such Board member shall not participate in the discussion on the item subject to the vote.

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

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

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

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

Formatted: Heading 2, Left, Indent: Left: O", First line: O", Tab stops: Not at  -0.75" +  -0.5" +  O" +  0.5'' +  1" + 1.5"
+  211  +   2.5'' +   2.75" +  311  +  3.5'' + 4.06" +  4.5" +  5" +
5.5" + 6.06" + 6.5"

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

Rule 1.2

(!)

(2)

District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements: Financial Disclosure Coordination.

District Offices. Unless otherwise designated by the Board, the official District office shall be the District Manager's office identified by the District Manager. If the District Manager's office is not located within the county in which the District is located, the Board shall designate a local records office within such county which shall at a minimum contain, but not be limited to, the following documents:

Agenda packages for prior 24 months and next meeting;

Official minutes of meetings, including adopted resolutions of the Board;

Names and addresses of current Board members and District Manager, unless such addresses are protected from disclosure by Jaw;

Adopted engineer's reports;

Adopted assessment methodologies/reports;

(t)	Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

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

District policies and rules;

Fiscal year end audits; and

Adopted budget for the current fiscal year.

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

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

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

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

Fees: Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches. For copies of public records in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost ofreproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of the individual.(§)_ who is/are qualified to perform the labor, taking into account the nature or volume of the public records to  be  inspected or copied. The charge may include the labor costs of supervisorv and/or clerical staff whose assistance is required to complete the records reyuest, in accordance with Florida law. For purposes of this Rule, the  word "extensive" shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in the-this section shall apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance.
Should the person fail to  pa\  the estimate.  the District is under no duty to produce	Formatted: Centered, Position: Horizontal: Left:, Relative to:

the requested records. After the request has been fulfilled, additional payments or credits may be due. The District is under no duty to produce records in resnonse to future records requests if the person making the request owes the District for past unpaid duplication chart!es. special service charges.  or other required payments or credits .

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

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+  4.06" +    5" +   6.0611  +  6.5"

Policies. The Board may adopt policies related to the conduct of its business and the provision of services either by resolution or motion.

Financial Disclosure Coordination. Unless specificallv desi1mated by Board resolution otherwise. the Secretary shall serve as the Financial Disclosure Coordinator (" Coordinator") for the District as required bv the Florida Commission on Ethics ("C ommission"). The Coordinator shall create, maintain and update a list of the names. e-mail addresses, physical addresses. and names of the agenc1 of. and the office or position held bv. all Supervisors and other persons required b Florida law to file a statement of financial interest due to his or her affiliation with the District (" Reporting Individual"). The Coordinator shall provide this list to the Commission by Februarv 1 of each year, which list shall be current as of December 31 of the prior year. Each Supervisor and Reportine Individual shall promptly notify the Coordinator in writing if there are anv changes to such person's name. e-mail address. or phvsical address. Each Supervisor and Reportin E1. Individual shall prornntly noti fy the Commission in the manner prescribed bv the Commission if there are anv chanl!es to such person's e­ mail address.

Specific Authority: §§ 190.011(5), 190.011(15),Fla. Stat.
Law Implemented:  §§ 112.3144§(3), )123145(8)/a)J, 119.07, 119.0701, 190,006,    Fla.Stat.	 	
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Rule 1.3

(1)

Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board. Public  notice shall be given by publication in a newspaper of general circulation in the District and in the county in which the District is located. "General circulation" means a publication that is printed and published at least once a week for the preceding year, offering at least 25% of its words in the English language, qualifies as a periodicals material for postal purposes in the county in which the District is located, is for sale to the public generally, is available to the public generally for the publication of official or other notices, and is customarily containing information of a public character or of interest or of value to the residents or owners of property in the county where published, or of interest or of value to the general  public.   The  annual meeting  notice required  to be published  by Section
189.015 of the Florida Statutes, shall  be published in  a newspaper  not of limited
subject matter, which is published at least five days a week, unless the only newspaper in the county is published less than five days a week.  Each Notice shall state, as applicable:

The date, time and place of the meeting, hearing or workshop;

A brief description of the nature, subjects, and purposes of the meeting, hearing, or workshop;

The District office address for the submission of requests for copies of the agenda, as well as a contact name and telephone number for verbal requests for copies of the agenda; and

The following or substantially similar language:- "Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at ( )
 	.Ifyou  are  hearing or speech impaired,  please contact
the Florida Relay Service at I (800) 955-8770 or 1 (800) 955-8771. who can aid you in contacting the District Office."

The following or substantially similar language: "A person who decides to appeal any decision made at the meeting/hearing/workshop with respect to any matter considered at the meeting/hearing/workshop is advised that person will need a record of the proceedings and that accordingly, the person may need to ensure that a verbatim record of the proceedings is made including the testimony and evidence upon which the appeal is to be based."

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

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

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare a aotise aael an agenda of the meeting/hearing/workshop. The Hotiee aael agenda and any meetinl! materials available in an electronic format excludin!!. anv confidential and any confidential and exempt information, shall be available to the public at least se•,.eaty two (72) ftffllffiSeven da vs before the meeting/hearing/workshop, except in an emergency. Meeting materials shall be defined as. and limited to. the acenda. meeting  minutes, resolutions, and acrre ements of the District that District staff deems necessa ry for Board armroval. Inclusion of additional materials for Board consideration other than those defined herein as "meeting materials" shall not convert such materials into "meetin l!. materials." For good cause, the agenda may be changed after it is first made available for distribution. and additional materials may be added or pro vided under separate cover at the meeting. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.

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

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

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

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

Emergency Meetings. The Chairperson, or Vice-Chairperson if the Chairperson is unavailable. upon consultation with the District Mana er and District CounseL if available, may convene an emergency meeting of the Board without first having complied with sections (1) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District's website, if it has one. Whenever an emergency meeting is called, the District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary. and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each meeting for public comment and members of the public shall be permitted to provide comment on any proposition before the Board. The portion  of  the meeting generally reserved for public comment shall be identified in the agenda. Policies governing public comment may be adopted by the Board in accordance with Florida law.

Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with Section 190.008 of the Florida Statutes. Once adopted in accord with Section
190.008 of the Florida Statutes, the annual budget(s) may be amended from time to time by action of the Board. Approval of invoices  by the Board  in excess of the funds allocated to a particular budgeted line item shall serve to amend the budgeted line item.

Public Hearin!!s. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain
the  information  required  by  Florida  law  and  these  Rules  and  are mailed and	Formatted: Centered, Position: Horizontal: Left, Relative to:

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

Partici1 ation bv TeleconferenceNideoconference. District staff may participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment of the Board extraordinary circumstances exist; provided however, at least three Board members must be physically present at the meeting location to establish a quorum. Such extraordinary circumstances shall be presumed when a Board member participates by teleconference or videoconference, unless a majority of the Board members physically present determines that extraordinary circumstances do not exist.

(l l) 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. Unless such procedure is waived by the Board. Afillproval or disapproval of resolutions and other proposed Board actions shall be in the form of a motion by one Board member, a second by another Board member, and an affirmative vote by the majority of the Board members present. Any Board member, including the Chairperson, can make or second a motion.

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

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

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

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

Attomev-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 ettemeysattomey must request such session at a public meeting.- Prior to holding the Attorney-Client Session, the District must give reasonable public notice of the time and date of the session and the names of the persons anticipated to attend the session.  -The session must commence at an open meeting in which the Chairperson or Vice­ Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session. The
discussion  during  the session  is confined  to settlement  negotiations or strategy	Formatted: Centered, Position: Horizontal: Left, Relative to:
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14	◄'

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

(14 } Securi11 and Firesafety Board Discussions. Portions ofa meeting which relate to or  would  reveal  a  securiLv  or  firesafe1y ,s, stem plan  or  portion  thereof  made confidential and exempt by section l 19.071(3J(a), Florida Statutes. are exempt from the public meetinl! requirements and other requirements of section 286.011, Florida Statutes. and section 24{bl, Article 1 of the State Constitution. Should the Board wish to discuss such matters. members of the public shall be required to leave the meetin!! room during such discussion . Anv records of the Board's discussion of such matters. includinl! recordings or minutes,  shall  be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.069f2l(a)16.190.006, 190.007, 190.008, 286.0105, 286.0l l, 286. 0114, Fla. Stat.

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15

Rule 1.4	Internal Controls to Prevent Fraud. Waste and Abuse

Ill	Internal Controls. The District shall establish and maintain internal controls desiened to:

(a')	Prevent and detect "fraud." "waste" and "abuse" as those terms are defined in section 11.45( I l. Florida Statutes; and

!bl

(c)
(dl

Promote and encourage compliance with applicable laws, rules contracts, grant al'Teements, and best practices; and
Support economical and efficient operations; and Ensure reliability of financial records and reports: and

( e )	Safeguard assets.

Adoption. The internal controls to preventfraud, waste and abuse shall be adopted and amended bv the District in the same manner as District policies.

Specific Authority: §§ 190.011(51, 190.01105). Fla. Stat. Law Im plemented: !;- 218.33 j3 ). Fla. Stat.

Formatted: Font: 12 pt

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/

Rule 2.0

(1)

(2)

Rulemaking Proceedings.

Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District. A "rule" is a District statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of the District ("Rule"). Nothing herein  shall be construed as requiring the District to consider or adopt rules unless required by Chapter 190 of the Florida Statutes. Policies adopted by the District which do not consist of rates, fees, rentals or other monetary charges may be, but are not required to be, implemented through rulemaking proceedings.

Notice of Rule Development.

Except when the intended action is the repeal of a Rule, the District shall provide notice of the development of a proposed rule by publication of a Notice of Rule Development in a newspaper of general circulation in the District before providing notice of a proposed rule as required by section
of this Rule. Consequently, the Notice of Rule Development shall be published at least twenty-nine (29) days prior to the public hearing on the proposed Rule. The Notice of Rule Development shall indicate the subject area to be addressed by rule development, provide a short, plain  explanation of the purpose and effect of the proposed rule, cite the specific legal authority for the proposed rule, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

All  rules  as  drafted  shall  be  consistent  with  Sections  120.54(l)(g)  and l 20.54(2)(b) of the Florida Statutes.

Notice of Proceedinl!s and Proposed Rules.

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.S41(2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.S41(1), must do so in writing within twenty­ one (21) days after publication of the notice. The notice shall additionally
include a statement  that any affected person  may request a public hearing	Formatted: Centered, Position: Horizontal: Left, Relative to:
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I

by submitting a written request within twenty-one (21) days after the date of publication of the notice.  Except when  intended  action is the repeal of a rule, the notice shall include a reference to both the date on which and the place where the Notice of Rule Development required by section (2) of this Rule appeared.

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

The notice shall be mailed to all persons named in the proposed  rule and  to all persons who, at least fourteen (14) days  prior  to  such  mailing,  have made requests of the District for advance notice of its  rulemaking proceedings. Any person may file a written request  with  the  District Manager to receive notice  by  mail  of  District  proceedings  to  adopt, amend, or repeal a rule. Such persons  must furnish  a mailing  address and may be required  to pay the cost of copying  and  mailing.  fotiee  vAII thea Ile mC1ileEI to CIII fl0FSOBS vihom, Cit leC1st fouFteeH (14) Ela,'S f)fioF Jae suek mC1iling, B:C1¥e fflCIEle fBEjUests of the Distriet fer aEl¥C1Hee Hotiee of its f)FoeeeEliHgs.

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

Petitions to Initiate Rulemakine. All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action requested, the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District, or has LSubstantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to consider whether the public interest is served adequately by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rule. However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

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Rulemakinu Materials. After the publication of the notice referenced in section
(3) of this Rule, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the following materials:

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

A detailed written statement of the facts and circumstances justifying the proposed rule;

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

The published notice.

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

Emergency Rule Adoption. The Board may adopt an emergency rule if it finds that immediate danger to the public health, safety, or welfare exists which requires immediate action. Prior to the adoption of an emergency rule, the District Manager shall make reasonable efforts to notify a newspaper of general circulation in the District. Notice of emergency rules shall be published as soon as possible in a newspaper of general circulation in the District. The District may use any procedure which is fair under the circumstances in the adoption of an emergency rule as long as it protects the public interest as determined by the District and otherwise complies with these provisions.

Ne1w tiated Rulemakinl!. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120.54(2)(d) of the Florida Statutes, except that any notices required under Section 120.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the
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Rulemakinl!. Record. In all rulemaking proceedings, the District shall  compile and maintain a rulemaking record. The record shall include, if applicable:

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

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

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

All notices and findings pertaining to an emergency rule.

Petitions to Challenl!e Existinl!. Rules.

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

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

The petition shall be filed with the District. Within 10 days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member  of the Board (including the Chairperson), District Manager, District Counsel, or other person as a hearing officer who shall conduct a hearing within 30 days thereafter, unless the petition is withdrawn or a continuance  is granted by agreement of the parties. The failure of the District to follow the applicable rulemaking procedures or requirements in this Rule shall be presumed to be material; however, the District may rebut this presumption by showing that the substantial interests of the petitioner and the fairness of the proceedings have not been impaired.

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

Hearings held under this section shall be de novo in nature. The petitioner
has  a  burden  of  proving  by  a  preponderance  of  the  evidence that  the	Formatted: Centered, Position: Horizontal: Left, Relative to:

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

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

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

Enter orders; and

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

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

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

Variances and waivers shall be granted when the person subject to the rule demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person, and when application of the rule would create a substantial hardship or would violate principles of fairness. For purposes of this section, "substantial hardship" means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver. For purposes of this section, "principles of fairness" are violated when the literal application of a rule affects a particular person in a manner significantly different from the way it affects other similarly situated persons who are subject to the rule.

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

The rule from which a variance or waiver is requested;

The type of action requested;

The specific facts that would justify a waiver or variance for the petitioner; and

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

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

The Board shall grant or deny a petition for variance or waiver, and shall announce such disposition at a publicly held meeting of the Board, within
   ninety (90) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. The District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

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

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

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+ 3.5" + 4.06" + 4.5" + 5" + 5.5" + 6.06" + 6.5"

Rule3.0

(1)

Competitive Purchase.

Purpose and Scope. In order to comply with Sections 190.033(1) through (3),
287.055 and 287.017 of the Florida Statutes, the following provisions shall apply to the purchase of Professional Services, insurance, construction contracts, design-build services, goods, supplies, and materials, Contractual Services, and maintenance services.

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

Definitions.

"Competitive Solicitation" means a formal, advertised procurement process, other than an Invitation to Bid, Request for Proposals, or Invitation to Negotiate, approved by the Board to purchase commodities and/or services which affords vendors fair treatment in the competition for award of a District purchase contract.

"Continuing Contract" means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed 0ft8two million dollars (s+J,000,000), for a study activity when the fee for such Professional  Services  to  the  District  does  not exceed  o	hundred thousand dollars ($W200,000), or for work of a specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example,  a contract for general District engineering services). Finns providing Professional Services under Continuing Contracts shall not be required to bid against one another.

"Contractual Service" means the rendering by a contractor of its time and effort rather than the furnishing of specific commodities. The term applies only to those services rendered by individuals and firms who are independent contractors. Contractual Services do not include auditing services, Maintenance Services, or Professional Services as defined in Section 287.055(2)(a) of the Florida Statutes, and  these  Rules. Contractual Services also do not include any contract for the furnishing of labor or materials for the construction, renovation, repair, modification, or demolition of any facility, building, portion of building, utility, park, parking lot, or structure or other improvement to real property entered into pursuant to Chapter 255 of the Florida Statutes, and Rules 3.5 or 3.6.

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

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

Is certified under Section 489.119 of the Florida Statutes, to  engage in contracting through a certified or registered general contractor or a certified or registered building contractor as the qualifying agent; or

Is certified under Section 471.023 of the Florida Statutes, to practice or to offer to practice engineering; certified under Section
481.219 of the Florida Statutes, to practice or to offer to practice architecture; or certified under Section 481.319 of the Florida Statutes, to practice or to offer to practice landscape architecture.

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

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

"Emergency Purchase" means a purchase necessitated by a sudden unexpected tum of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of
the  Board  in  the  normal  conduct  of  its  business),  where  the Board finds	Formatted: Centered, Position: Horizontal: Left, Relative to:

that the delay incident to competitive purchase would be detrimental to the interests of the District. This includes, but is not limited to, instances where the time to competitively award the project will jeopardize the funding for the project, will materially increase the cost of the project, or will create an undue hardship on the public health, safety, or welfare.

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

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

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

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

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

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

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

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

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

"Responsive and Responsible Bidder" means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. "Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response that conforms in all material respects to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In detennining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:

The ability and adequacy of the professional personnel employed by the entity/individual;

The past performance of the entity/individual for the District and in other professional employment;

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

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

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

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

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

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

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

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Rule 3.1

(I)

(2)

Procedure Under '.+fiethe Consultants' Competitive Negotiations Act.

Scope. The following procedures are adopted for the selection of firms or individuals to provide Professional Services exceeding the thresholds herein described, for the negotiation of such contracts, and to provide for protest of actions of the Board under this Rule. As used in this Rule, "Project" means that fixed capital outlay study or planning activity when basic construction cost is estimated by the District to exceed the threshold amount provided in Section
of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

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

Hold all required applicable federal lieenses in good standing, ifc1By;
(a)	Hole all 'R!ftUired Bflf!lieoele state professional licenses in good standing;

fbl

Hold all required applicable federal licenses in good standine:. if any:

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

Meet any qualification requirements set forth in the District's Request for Qualifications .

Evidence of compliance with this Rule may be submitted  with the qualifications, if requested by the District. In addition, evidence of compliance must  be submitted any time requested by the District.

Public Announcement. Except 'in cases of valid public emergencies  as certified by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply  for consideration. The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate . The notice must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. Consultants who 13ro•,ide their
name  am! aedress  to  tho  Distriet  Manager  fer  inelusion  on  the  list shall Feeeive	Formatted: Centered, Position: Horizontal: Left, Relative to:

aotiees by mail.The District shall make reasonable efforts to provide copies  of  anv notices to such consultants. but the failure to do so shall not flive such consultants any bid protest or other rights or otherwise disqualif anv otherwise valid procurement process. The Board has the right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover  from the District any costs of qualification package preparation or submittal.

Competitive Selection.

The Board shall review and evaluate the data submitted in response to the notice described in section (3) of this Rule regarding qualifications and performance ability, as well as any statements of qualifications on  file. The Board shall conduct discussions with, and may require public presentation by consultants regarding their qualifications, approach to the Project, and ability to furnish the required services. The Board shall then select and list the consultants, in order of preference, deemed to be the most highly capable and qualified to perform the required Professional Services, after considering these and other appropriate criteria:

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

Whether a consultant is a certified minority business enterprise;

Each consultant's past performance;

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

The geographic location of each consultant's headquarters, office and personnel in relation to the project;

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

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

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

If the selection process is administered by any person or committee other
than  the  full Board, the selection  made  will  be presented  to the full Board	Formatted: Centered, Position: Horizontal: Left, Relative to:

with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed.

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

Competitive Nel.\otiation.

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

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

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

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

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

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

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

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

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Rule3.2	Procedure Regarding Auditor Selection.

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

Definitions.

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

"Committee" means the atieHauditor selection committee appointed by the Board as described in section (2) of this Rule.

Establishment of -AtieHAuditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an atieHauditor selection committee ("Committee"), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee Sfiel:Heshall include at least three individuals, some Of allat least one of whom maywhich must also serve as mem!JeFsbe a member of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must  be a member of the Board. An emplo vee . a chief executive officer. or a chief financial officer of the District mav not serve as a member of the Committee:
provided however such individual mav serve the Committee in an advisory
capacity.

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

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

Hold all required applicable state professional licenses in good standing,	if-aey;

Hold all required applicable smte prefessiooalfederal licenses in good standin&if.@y;

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

Meet any pre-qualification requirements established by the Committee and set forth in the RFP or other specifications.

If requested in the RFP or other specifications, evidence of compliance with the minimum qualifications as established by the Committee must be submitted with the proposal.

Evaluation Criteria. The factors established for the evaluation of Auditing Services by the Committee shall include, but are not limited to:

Ability of personnel;

Experience;

UHderst,mdiHg ef se0J3e ef werk;

fwt------Ability to furnish the required services; and

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

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

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one (1) newspaper of general circulation in the District and the county in which the District is located. The public announcement shall allow for at least seven (7) days for the submission of proposals.
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Request for Proposals. The Committee shall provide interested firms with a Request for Proposals ("RFP"). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee determines is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

Committee's Evaluation of 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 alt qualified proposals and may, as part of the evaluation, require that each interested firm provide a public presentation where the Committee may conduct discussions with the firm, and where the firm may present information, regarding the firm's qualifications. At the public meeting, the Committee shall rank and recommend in order of preference no fewer than three firms deemed to be the most highly qualified to perform the required services after considering the factors established pursuant to subsection (3}(b} of this Rule. If fewer than three firms respond to the RFP or if no firms respond to the RFP, the Committee shall recommend such firm as it deems to be the most highly qualified. Notwithstanding the foregoing, the Committee may recommend that any and all proposals be rejected.

Board Selection of Auditor.

Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shalt immediately begin negotiations with the second ranked firm. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shalt be terminated and negotiations with the third ranked firm shall be undertaken. The Board may reopen formal negotiations with any one of the three top-ranked firms, but it may not negotiate with more than one firm at a time. If the Board is unable to negotiate a satisfactory agreement with any of the selected firms, the Committee shall recommend additional firms in order of the firms' respective competence and qualifications. Negotiations shall continue, beginning with the first-named firm on the list, until an agreement is reached or the list of firms is exhausted.

(b} Where compensation was selected as a factor used in evaluating the proposals, the Board shall select the highest-ranked qualified finn,_QJ: document in its public records the reason for not selecting the highest­ ranked qualified firm.

34	• .1

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In negotiations with firms under this Rule, the Board may allow the District Manager, District Counsel, or other designee to conduct negotiations on its behalf.

Notwithstanding the foregoing, the Board may reject any or all proposals. The Board shall not consider any proposal, or enter into any contract for Auditing Services, unless the proposed agreed-upon compensation is reasonable to satisfy the requirements of Section 218.39 of the Florida Statutes, and the needs of the District.

Contract. Any agreement reached under this Rule shall be evidenced by a written contract, which may take the form of an engagement letter signed and executed by both parties. The written contract shall include all provisions  and conditions of the procurement of such services and shall include, at a minimum, the following:

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

A provision requiring that invoices for fees or other compensation be submitted in sufficient detail to demonstrate compliance with the terms of the contract;

A provision setting forth deadlines for the auditor to submit a preliminary draft audit report to the District for review and to submit a final audit report no later than June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;

A provision specifying the contract period, including renewals. and conditions under which the contract may be terminated or renewed. The maximum contract period includinl! renewals shall be five (5} years. A renewal may be done without the use of the auditor selection procedures provided in this Rule, but must be in writing.

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

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of  the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests regarding the award of contracts under this Rule

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

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

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Rule 3.3

(1)

Purchase of Insurance.

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

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

The Board shall cause to be prepared a Notice oflnvitation to Bid.

Notice of the Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least fourteen (14) days for submittal of bids.

The District may maintain a list of persons interested in receiving notices
of Invitations to Bid. PerssHs who flFO¥iae fueiF HIHBe aHa aaaFess to the Disaiet MaHager for iHelesioH OH fue list shall reeei·,e Hotiees ey mail.The District shall make reasonable efforts to provide copies of anv notices to
such persons. but the failure to do so shall not gjve such consultants  any  bid protest or other rights or otherwise disqua lify any otherwise valid procurement process .

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

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

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

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

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

SpeciOc Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 112.08, Fla. Stat.

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5" + 5.5"

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Rule3.4

(I)

(2)

Pre-qualification

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

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

The Board shal1 cause to be prepared a Request for Qualifications.

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

The Request for Qualifications shal1 be advertised at least once in a newspaper of general circulation within the District and within the county in which the District is located. The notice shall allow at least seven (7) days for submittal of qualifications for goods, supplies and materials, Contractual Services, maintenance services, and construction services under two hundred fifty thousand dollars ($250,000). The notice shall allow at least twenty-one (21) days for submittal of qualifications for construction services estimated to cost over two hundred fifty thousand dol1ars ($250,000) and thirty (30) days for construction services estimated to cost over five hundred thousand dol1ars ($500,000).

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

If the District has pre-qualified vendors for a particular category of purchase, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies or

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

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

Hold -theall required applicable state professional licenses in good standing;

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

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

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

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

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

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

The Board shall have the right to reject all qualifications if there are not enough to be competitive or if rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of
qualification preparation or submittal from the District.	Formatted: Centered, Position: Horizontal: Left, Relative to:

W	(j)	Notice of intent to pre-qualify, including rejection of some or all•- qualifications, shall be provided in writing to all vendors by United States Mail, electronic mail. hand  delivery,  facsimile,  or  overnight  delivery  service.  The notice shall include the following statement:  "Failure  to file a protest  within  the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver
of proceedings under those Rules," or wording to that effect. Protests of the District's pre-qualification decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11; provided however, protests related to the pre-qualification criteria and procedures for construction services shall  be resolved in accordance with section (2)(b) of this Rule and Section 255.20(1)(b)  of the Florida Statutes.

( 3 )	Suspension , Revocation. or Denial of Qualification

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(a\ The District, for l.!Oo d cause, mav denv. sus pend , or revoke a pregualified vendor's pre- quali fied status. A suspension. revocation, or denial for good cause shall prohibit the vendor from biddinl? on any District construction contract for which qualifica tion is required. shall constitute a determination of non-responsibili 1v to bid on any other District construction or maintenance contract. and shall prohibit the vendor from actinl! as a material supplier or subcontractor on any District contract or pro jec t during the period of suspension, revocation. or denial. Good cause shall include the followin g:
1. One of the circumstances specified under Section 337.16 (2l. Fla. Stat., has occurred.

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

The vendor made or submitted false. deceptive. or fraudulent statements. certifications. or materials in any claim for paymen t or anv information required b y an y District contract.

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

The vendor's quali fication to bid is suspended . revoked, or denied by an v other nublic or semi-pub lic entity. or the vendor has been the sub ject  of  a  civil  enforcement  proceedin g  or  settlement  involving  a public or semi-public entitv .

v1. The vendor failed to complv with contract or warrantv reouirements or
failed to foIJow District direction in the performance of a contract.	Formatted: Centered, Position: Hortzontat: Left, Relative to:

The vendor failed to timely furnish all contract documents required b, the contract specifications. special provisions.  or bv anv  state  or federal statutes or regulations. If the vendor fails to furnish anv of the subje ct contract documents bv the expiration of the period of suspension. revoca tion. or denial set forth above, the vendor's pre­ qualified status shall remain suspended. revoked. or denied until the documents are furnished.

The vendor failed to notify the District within 10 days of the vendor. or anv of its affiliates. beine declared in default or otherwise not completing work on a contract or being suspended from qualification to bid or denied qualification to bid by any other public or semi- public agency.

1x. The vendor did not pa\ its subcontractors or supoliers in a timely manner or in compliance with contract documents.

The vendor has demonstrated instances of poor or unsatis facton performance.  deficient  manal!ement resultim1.  in  proiect delav,  poor quali ty workmanship. a historv of payment of liquidated damaees. untimely completion of proiects. uncooperative attitude. contract litigation. inflated claims or defaults.

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

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

The term "contract crime" means any violation of state or federal antitrust laws with respect to a public contract or any violation of anv state or federal law involvinl! fraud. bribery, collusion, conspiracy. or material misrepresentation  with respect to a public contract.
The term "convicted" or "conviction" means a findine of l!uil t or  a  conviction  of  a  contract  crime.  with  or  without  an  ad judication of guil t. in any federal or state trial court of record as a result of a jurv verdict. non jurv trial. or emr. of a plea of guiltv or nolo contendere.

(bl A denial. suspension, or revocation shall prohibit the vendor from being a subcontractor on District work durin!l the period of denial. suspension. or revocation, except when a prime contractor's bid has used prices of a subcontractor who becomes disqualified after the bid. but before the request for authorization to sublet is presented.
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( c ) The District shall inform the vendor in writing of its intent to deny. suspend, or revoke its pre-qualified status and inform the vendor of its ri11ht to a hearing. the procedure which must be followed. and the applicabletime limits. If a hearing is requested within 10 davs after the receipt of the notice of intent, the hearing shall be held within 30 days after receipt by the District of the request for the hearin!;!. The decision shall be issued within 15 days after the hearing.

(d) Such suspension or revocation shall not affect the vendor's obligations under anv preexistinl! contract.

{el In the case of contract crimes. the vendor's  pre-qualified  status  under this Rule shall be revoked indefinitely. For all violations of Rule 3.4(3)(a) other than for the vendor's conviction for contract crimes. the revocation. denial. or suspension of a vendor's pre-qualified status under this Rule shall be for a specific period of time based on the seriousness of the deficiencv.

Examples of factors affecting the seriousness of a deficienc  are:

1.     Impacts on pro ject schedule. cost. or gualiL\   of work;

11. Unsafe conditions allowed to exist: iii. Complaintsfrom the public:
iv. Delay or interference with the bidding process; v. The potential for repetition;
Intee:ritv of the public contractinl! process;

Effect on the health, safet) . and welfare of the public.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.

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Bule3.5	Construction  Contracts, Not Design-Build.	-{ Formatted: Heading 2 Char, Font: 10 pt, Not Bold

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

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

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

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

The District may maintain lists of persons interested in receiving  notices of Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail. hand delivery, or facsimile, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure  of  a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any
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If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

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

Hold theall required applicable state professional licenses in good standing;

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

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

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

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects soolHlsincluding but not limited to, reemployment assistance, safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

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

(t) Bids, proposals, replies, and responses,  or  the  portions  of  which  that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted in the bid shall be announced at such meeting, and shall be made available upon request. Minutes should be taken at the meeting and maintained by the
District.  Bids,  proposals,  replies,  and  responses  shall  be  evaluated  in	Formatted: Centered, Position: Horizontal: Left, Relative to:

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

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

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

The Board may require potential contractors to furnish bid bonds, performance bonds, and/or other bonds with a responsible surety to be approved by the Board.
G) Notice of intent to award, including rejection of  some  or  all  bids, proposals, replies, or responses, shall be provided in writing to all contractors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement:
"Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's purchase of construction services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.
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(k)  If  less  than  three  (3) Responsive  Bids, Proposals,  Replies, or Responses are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take wliate¥er ste13s reasonaely neeessary in onler to proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District, which ;;teps--may include but is not limited to a direct purchase of the construction services without further competitive selection processes.

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

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

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

Exceptions. This Rule is inapplicable when:

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

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

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

The District, after public notice, conducts a public meeting under Section
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the project using its own
services,  employees, and equipment.	Formatted: Centered, Position: Horizontal: Left:, Relative to:

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.	 	
Rule 3.6	Construction Contracts, Design-Build.	Formatted: Heading 2, Left, Tab stops: Not at O" + 0.5'' +
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Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

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

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

The Board may either choose to award the Design-Build Contract pursuant to the competitive proposal selection process set forth in Section 287.055(9) of the Florida Statutes, or pursuant to the qualifications--::based selection process pursuant to Rule 3.1.

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

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

A Request for Proposals shall be advertised at least once in a newspaper of general circulation in the county in which the District is located. The notice shall allow at least twenty-one (21) days for submittal of sealed proposals, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than five hundred thousand dollars ($500,000) must be noticed at least thirty (30) days prior to the date for submittal of proposals.

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

In order to be eligible to submit a proposal, a firm must, at the time ofreceipt of the proposals:

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

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

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

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

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects Stl€ft-aSincluding but not limited to reemployment
assistance, safety, tax withholding, worker's compensation,	Formatted: Centered, Position: Horizontal: Left:, Relative to:

unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

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

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

The Board shall have the right  to reject all proposals i	[ Formatted: text, Font color: Dark Blue
proposals are too hil!h. or rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of proposal preparation or submittal from the District.

If less than three (3) flFBflBSalsResponsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no flFBf!esalsResponsive Proposals are received, the District may take v,<ha-te •er slef!s feaseaaal)• aeeessary ia efder te proceed with the procurement of design-build services. in
the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase 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
I
50	◄·'

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delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to  file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's rankings under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Feilmg fteeefE!Should the Board be unable to negotiate a  satisfacto rv contract with the- firm considered to be the second most qualified fiffil, the Boafd at a price considered by  the  Board   to  be   fair,   competitive.   and  reasonable, ne ll.otiations with that firm must teffilmate aegotiations. be terminated. The Board shall then undertake negotiations with the third most qualified firm. Should the Board be unable to neuotiate a satisfactorv contract with the firm considered to be the third most qualified at a price considered bv the Board to be fair. competitive, and reasonable, ne11.otiations with that firm must be terminated. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

After the Board contracts with a firm, the firm shall bring to the Board for approval, detailed working drawings of the project.

The Design Criteria Professional shall evaluate the compliance of the detailed working drawings and project construction with the Design Criteria Package, and shall provide the Board with a report of the same.

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

Emeruency 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 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 I of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the project using its own services, employees, and equipment.

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§119.0701, 189.053, 190.033, 255.0518, 255.0525, 255.20, 287.055, Fla_- Stat.

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0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5" + 4" + 4.5" +
5" + 5.5"

Rule 3.7

(1)

(2)

Payment and Performance Bonds.

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

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

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

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 255.05, Fla. Stat.

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0.5" + 1" + 1.5" + 2" + 2.5" + 3" + 3.5'' + 4" + 4.5" +
511+ 5.5'1

Rule3.8

(1)

(2)

Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, shall be purchased under the terms of this Rule. Contracts for purchases of"goods, supplies, and materials" do not include printing, insurance, advertising, or legal notices. A contract involving goods, supplies, or materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely  in order to avoid the threshold bidding requirements.

Procedure. When a purchase of goods, supplies, or materials  is within the scope of this Rule, the following procedures shall apply:

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

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

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

If the District 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.

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

Hold Hieall required applicable state professional licenses in good standing;

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

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

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

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

Any firm or individual whose principal place of business is outside the State of Florida must also submit a written opinion of an attorney at law licensed to practice law in that foreign state, as to the preferences, if any or none, granted by the law of that foreign state to business entities whose principal places of business are in that foreign state, in the letting of any or all public contracts. Failure to submit such a written opinion  or submission of a false or misleading written opinion may be grounds for rejection of the bid, proposal, reply, or response.

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

The lowest Responsive Bid, after taking into account the preferences provided for in this subsection, submitted by a Responsive and Responsible Bidder in response to an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation shall be accepted. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which does not grant a preference in competitive purchase to
businesses  whose  principal  place of  business  are in that  foreign  state, the	Formatted: Centered, Position: Horizontal: Left, Relative to:

lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference of five (5) percent. If the lowest Responsive Bid is submitted by a Responsive and Responsible Bidder whose principal place of business is located in a foreign state which grants a preference in competitive purchase to businesses whose principal place of business are in that foreign state, the lowest Responsible and Responsive Bidder whose principal place of business is in the State of Florida shall be awarded a preference equal to the preference granted by such foreign state.

To assure full understanding of the responsiveness to the solicitation requirements contained in an Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, discussions may be conducted with qualified vendors. Vendors shall be accorded  fair treatment prior to the submittal date with respect to any opportunity for discussion, preparation, and revision of bids, proposals, replies, and responses.

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

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

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

(k) If less than three (3) bids, prnfJesals,  Fefllies Responsive Bids.  Proposals , Replies, or FBSflBHsesResponses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may take whate•,er stefls re11ser1ably r1eeessar/ ir1 eFEleF Jee proceed with the procurement of goods,
supplies, and materials,  in the manner the Board  determines is in the best	Formatted: Centered, Position: Horizontal: Left, Relative to:

interests of the District. which steps-may include but is not limited to a direct purchase of the goods, supplies, and materials without further competitive selection processes.

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

Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from this Rule. A contract for goods, supplies, or materials is exempt from this Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropnat10n process. This Rule shall not apply to the purchase of goods, supplies or materials that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules.

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a periee that may 110t eiteeee three (3) years er the tefff! ef the 0rigi11al e011traet, whiehever periee is l011gera maximum period of five (5) years.

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

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

Formatted: Heading 2, Tab stops: Not at O" + 0.5" + 1" +
1.511  +  2 11  +  2.511   +  311  +  3.5'' +  411  +  4.511   +   511  +    5.511  +
6" +   6. 511

Rule 3.9	Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be set under the terms of this Rule if the cost exceeds the amount provided in Section 287.0l 7 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

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

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

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

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

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

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

Hold theall required applicable state professional licenses in good standing;

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

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

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

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

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

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

The Board shall have the right to reject all bids, proposals, replies, or responses because they exceed the amount of funds budgeted for the purchase, if there are not enough to be competitive, or if rejection is determined to be in the best interest of the District. No Vendor shall be

entitled to recover any costs of bid, proposal, reply, or response preparation or submittal from the District.

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

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

(Jc)		If less than  three  (3)  Responsive  Bids,  Proposals,  Replies, or  Responses are received, the District may purchase the maintenance services  or may reject the bids, proposals, replies, or  responses  for  a  lack  of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may tal,e wlurte·1eF stejls Feesonably neeessf!l)' in oFee£ ta proceed with the procurement of maintenance services, in  the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the
maintenance services without further competitive selection processes.

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

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed fore 13eriae that mey net ei,eeee three (3) yeefs Of the tefHI of the original eontraet, v.'f!iehe •er Jlerioe is !anger. a maximum period of five (5) \'ears.

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.

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

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

Specific Authority:  §§ 190.011(5), 190.011(15),190.033, Fla, Stat.	/ Fonnatted: Centered, Position: Horizontal: Left, Relative lo:

Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

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

Rule3.10	Contractual Services.

Exemption from Competitive Purchase. Pursuant to Section 190.033(3) of the Florida Statutes, Contractual Services shall not be subject to competitive purchasing requirements. If an agreement is predominantly for Contractual Services, but also includes maintenance services or the purchase of goods and services, the contract shall not be subject to competitive purchasing requirements. Regardless of whether an advertisement or solicitation for Contractual Services is identified as an Invitation to Bid, Request for Proposals, Invitation  to Negotiate, or Competitive Solicitation, no rights or remedies under these Rules,  including but not limited to protest rights, are conferred on persons, firms, or vendors proposing to provide Contractual Services to the District.

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

Specific Authority:§§ 190.011(5), 190.011(15), Fla, Stat.
Law Implemented: §§ 119.0701, 190.011(3), 190.033, Fla. Stat.

Formatted: Centered, Posltlon: Holizontal: Left:, Relative to:

.Rule 3.11	P,01ests With Resf!eet Te PreeeediBgs 11nder R11les 3.1, 3.2..l.J., 
3.4, 3.§, 3.(i, 3.8, end 3.9 	

Formatted: Font: 10 pt, Not Bold

Formatted: Font: 9 pt, Bold

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

Rule 3.11	Protests
---with Respect to Proceedings under Rules 3.1. 3.2. 3.3. 3.4, 3.5, 3.6. 3.8. and 3.9.

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, --   ..._[F_ o _r m_ at_te_d_:_I n_d_en_t:_L_eft: _O" _
, and 3.9 shall be in accordance with this Rule.

Filing.

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

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

_ _ _ _

_   _	 	,

(e)	If	( cl	If the req uirement for the posting of a  protest bond  and  the  amount  of  the  protest   bond.  which  ma,   be  expressed  by a
percenta ll.e of the contract to be awarded or a set amount. is disclosed in the District's  competitive solicitation  documents for a particular purchase
under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9, tho Boara may reEtHiro	Formatted: Centered, Position: Horizontal: Left, Relative to:

any person who files a notice of protest iemust post athe protest bond--Hl the. The amount eEjaal ta 1% ef the afttieipated eefttfaet E!fflellftt that is the f	the protest bond shall be determined bv District staff after consultation with the Board and within the limits. if anv. imposed by Florida law. In the event the protest is successful,  the protest  bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.

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

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

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

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

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

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

Formatted: Centered, Position: Hor1zontal: Left, Relative to:

Enter orders; and

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

The hearing officer shall, within thirty (30) days after the hearing or receipt of the hearing transcript, whichever is later, file a recommended order which shall include a caption, time and place of hearing, appearances entered at the hearing, statement of the issues, findings of fact and conclusions of law, separately stated, and a recommendation for final District action. The District shall  allow  each party fifteen (15) days in which to submit written exceptions to the recommended order. The District shall issue a final order within sixty (60)  days after the filing of the recommended order.

Intervenors. Other substantially affected persons may join the proceedings as intervenors on appropriate terms which shall not unduly delay the proceedings.

Re ject ion of all Qualifications. Bids. Proposals, Replies and Responses after Receipt of Notice of Protest. If the Board determines there was a violation oflaw,
defect.  or  an  irregularity   in   the  competitive   solicitation   process.   the  Bids.	 	

Proposals. Replies. and Responses are too high. or if the Board determines it is otherwise in the District's best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.

[ Formatted: text

Settlement. Nothing herein shall preclude the settlement of any protest under this Rule at any time.

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

Formatted: Heading 1, Tab stops: Not at O" + 0.5'' + 1" +
1.5" + 2" + 2.5" + 3.25" + 3.5" + 4" + 4.5" + 5" +
5.5" + 6"

Rule4.0	Effective Date.

These Rules shall be effective _  _  _  _ _ _J	lQ_, except that no election of
officers required by these Rules shall be required until after the next regular election for the Board.

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

S ECTION VI

Grau & Associates
CERTIFIED   PUBLIC ACCOUNTANTS

September 22, 2021 Board of Supervisors
Tapestry Community Development District c/o GMS - CFL, LLC
219 E. Livingston Street Orlando, FL 32801

951 Yamato Road • Suite 280 Boca Raton, Florida 33431 (561) 994-9299 • (800) 299-4728
Fax (561) 994-5823
www.graucpa.com

We are pleased to confirm our understanding of the services we are to provide Tapestry Community Development District, City of Kissimmee, Florida ("the District") for the fiscal year ended September 30, 2021. We will audit the financial statements of the governmental activities and each major fund, including the related notes to the financial statements, which collectively comprise the basic financial statements of Tapestry Community Development District as of and for the fiscal year ended September 30, 2021. In addition, we will examine the District's compliance with the requirements of Section 218.415 Florida Statutes. This letter serves to renew our agreement and establish the terms and fee for the 2021 audit.
Accounting standards generally accepted in the United States of America provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement the District's basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board who considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to the District's RSI in accordance with auditing standards generally accepted in the United States of America. These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit of the basic financial statements. We will not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance.
The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited:
Management's Discussion and Analysis.
Budgetary comparison schedule
Audit Objectives
The objective of our audit is the expression of opinions as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the supplementary information referred to in the second paragraph when considered in relation to the financial statements as a whole. Our audit will be conducted in accordance with auditing standards generally accepted in the United States of America and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the District and other procedures we consider necessary to enable us to express such opinions. We will issue a written report upon completion of our audit of the District's financial statements. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the financial statements is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or issue a report, or may withdraw from this engagement.
We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and grant agreements, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and on compliance and other matters will include a paragraph that states (1) that the purpose of the report is solely to describe the scope of testing of internal control and compliance, and the results of that testing, and not to provide an opinion on the effectiveness of the District's internal control on compliance, and (2) that the report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the District's internal control and compliance. The paragraph will also state that the report is not suitable for any other purpose. If during our audit we become aware that the District is subject to an audit requirement that is not encompassed in the terms of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards

Tapestry Community Development District	Page2

and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory, or contractual requirements.
Examination Objective
The objective of our examination is the expression of an opinion as to whether the District is in compliance with Florida Statute
218.415 in accordance with Rule 10.556(10) of the Auditor General of the State of Florida. Our examination will be conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants and will include tests of your records and other procedures we consider necessary to enable us to express such an opinion. We will issue a written report upon completion of our examination of the District's compliance. The report will include a statement that the report is intended solely for the information and use of management, those charged with governance, and the Florida Auditor General, and is not intended to be and should not be used by anyone other than these specified parties. We cannot provide assurance that an unmodified opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion or add emphasis-of-matter or other-matter paragraphs. If our opinion on the District's compliance is other than unmodified, we will discuss the reasons with you in advance. If, for any reason, we are unable to complete the examination or are unable to form or have not formed an opinion, we may decline to express an opinion or issue a report, or may withdraw from this engagement.
Other Services
We will assist in preparing the financial statements and related notes of the District in conformity with U.S. generally accepted accounting principles based on information provided by you. These non-audit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming management responsibilities.
Management Responsibilities
Management is responsible for the financial statements and all accompanying information as well as all representations contained therein. Further, management is responsible for compliance with Florida Statute 218.415 and will provide us with the information required for the examination. The accuracy and completeness of such information is also management's responsibility. As part of the audit, we will assist with preparation of your financial statements and related notes in conformity with U.S. generally accepted accounting principles based on information provided by you. These nonaudit services do not constitute an audit under Government Auditing Standards and such services will not be conducted in accordance with Government Auditing Standards. You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior to their issuance and have accepted responsibility for them. In addition, you will be required to make certain representations regarding compliance with Florida Statute 218.415 in the management representation letter. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior management, who possesses suitable skill, knowledge, or experience; evaluate the adequacy and results of those services; and accept responsibility for them.
Management is responsible for establishing and maintaining effective internal controls, including evaluating and monitoring ongoing activities, to help ensure that appropriate goals and objectives are met; following laws and regulations; and ensuring that management is reliable and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with U.S. generally accepted accounting principles, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements.
Management is also responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, (2) additional information that we may request for the purpose of the audit, and (3) unrestricted access to persons within the government from whom we determine it necessary to obtain audit evidence.
Your responsibilities include adjusting the financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. As part of our engagement, we may propose standard adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of the proposed entries and the impact they have on the financial statements.
You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, granters, regulators, or others. In addition, you

Tapestry Community Development District	Page 3

are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants and for taking timely and appropriate steps to remedy fraud and noncompliance with provisions of laws, regulations, contracts or grant agreements, or abuse that we report.
Management is responsible for establishing and maintaining a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying and providing report copies of previous financial audits, attestation engagements, performance audits or other studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits, attestation engagements, performance audits, or other studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for the timing and format for providing that information.
With regard to the electronic dissemination of audited financial statements, including financial statements published electronically on your website, you understand that electronic sites are a means to distribute information and, therefore, we are not required to read the information contained in these sites or to consider the consistency of other information in the  electronic site with the original document.
Audit Procedures-General
An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse.
Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us, even though the audit is properly planned and performed in accordance with U.S. generally accepted auditing standards and Government Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. Our responsibility as auditors is limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors.
Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, funding sources, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required by generally accepted auditing standards.
Audit Procedures-Internal Control
Our audit will include obtaining an understanding of the government and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards.
An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under AICPA professional standards and Government Auditing Standards.
Audit Procedures-Compliance
As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the District's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards.
Engagement Administration, Fees, and Other
We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing.

Tapestry Community Development District	Page4

The audit documentation for this engagement is the property of Grau & Associates and constitutes confidential information. However, subject to applicable laws and regulations, audit documentation and appropriate individuals will be made available upon request and in a timely manner to a cognizant or oversight agency or its designee, a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Grau & Associates personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. Notwithstanding the foregoing, the parties acknowledge that various documents reviewed or produced during the conduct of the audit may be
public records under Florida law. The District agrees to notify Grau & Associates of any public record request it receives that involves audit documentation.

Furthermore, Grau & Associates agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Auditor acknowledges that the designated public records custodian for the District is the District Manager ("Public Records Custodian"). Among other requirements and to the extent applicable by law, Grau & Associates shall 1) keep and maintain public records required by the District to perform the service;
upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if Auditor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Grau & Associate's possession  or,  alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by Grau & Associates, Grau & Associates shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF GRAU & ASSOCIATES HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ITS DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE PUBLIC RECORDS CUSTODIAN AT C/O GOVERNMENTAL MANAGEMENT SERVICES - CENTRAL FLORIDA, LLC, 219 EAST LIVINGSTON STREET ORLANDO, FLORIDA 32801, OR RECORDREQUEST@GMSCFL.COM, PH: (407) 841-5524.

Our fee for these services will not exceed $3,600 for the September 30, 2021 audit. The fee for each annual renewal will be agreed upon separately.

This agreement provides for a contract period of one year. This agreement may be renewed for two additional one-year terms subject to the mutual agreement by both parties to all terms and fees. The fee for each annual renewal will be agreed upon separately. If the District agrees to subsequent renewals, the fees for fiscal year 2022 and 2023 will not exceed $3,700 and
$3,800, respectively, unless there is a change in activity by the District which results in additional audit work or if additional Bonds are issued.

We will complete the audit within prescribed statutory deadlines, which requires the District to submit its annual audit to the Auditor General no later than nine (9) months after the end of the audited fiscal year, with the understanding that your employees will provide information needed to perform the audit on a timely basis.

The audit documentation for this engagement will be retained for a minimum of five years after the report release date. If we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation.

Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. Invoices will be submitted in sufficient detail to demonstrate compliance with the terms of this agreement. In accordance with our firm policies, work may be suspended if your account becomes 60 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate.

The District may terminate this agreement, with or without cause, upon thirty (30) days written notice of termination to Grau & Associates. Upon any termination of this agreement, Grau & Associates shall be entitled to payment of all work and/or services rendered up until the date of the notice of termination subject to any offsets the District may have against Grau & Associates.

Tapestry Community Development District	Page 5

We will provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2019 peer review report accompanies this letter.

We appreciate the opportunity to be of service to Tapestry Community Development District and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us.

Very truly yours, Grau & Associates

Antonio J. Grau RESPONSE:
This letter correctly sets forth the understanding of Tapestry Community Development District.

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

Title_: _ _

_ _ _

_ _ _

_ _ _

_ _ _

_ _ _ _ _

Date_: _ _

_ _ _

_ _ _

_ _ _

_ _ _

_ _ _ _ _

Tapestry Community Development District	Page6

FICPA Peer Review Program Admlnlstered in Florida
Ill/.The Florida lnstmite orCPAs

AICPI(

AICPA Peer R•VWN Program
Administered  InFlorida
by the Florida lnsb'lute of CPA$

February 20, 2020

Anton.io Grau Grau & Associates
951 Yamato Rd Ste 280 Boca Raton, FL 3343·1-1809

Dear Antonio Grau:

It is my pleasure to notify you that on February 20, 2020, the Florida Pe.er Review Committee accepted the report on the most recent SVstem Review of your firm. The due date for your next review is December 31, 2022. This is the date .by which aH r evi ew documents should be completed and ubmitted to the administering entity.

As you know, the report had a pe.er review rating· of pass. The Committee asked me to convey its
.congratulations to the firm.

Thank you for your cooperation.

Sine ·

rf<.fft p.,.	-
Peer Review Team
FlCPA Peer Review Committee paul@ficpa.org
800-342-3197 ext 251

Florida Institute of CPAs

cc: Daniel Hevia, Racquel McIntosh

Firm Number. 900004390114	ReviewNumber: 571202

3800'1':sptanade Way, Suite 210 l Tallahassee Fl 323111800342.3197.lnFlonda 1850.22.4.2727 ! Fax:850.22281.SO j W'VIIW.licpa.org

AGREEMENT FOR LANDSCAPE MAINTENANCE SERVICES BETWEEN TAPESTRY COMMUNITY DEVELOPMENT DISTRICT AND YELLOWSTONE LANDSCAPE-SOUTHEAST, LLC

THIS AGREEMENT (the "Agreement") is made and entered into this 1st day of October, 2021, by and between:

Tapestry Community Development District, a local unit of special-purpose government located in Kissimmee, Florida,' and whose mailing address is 219 E. Livingston Street, Orlando, Florida 32801 (the "District"); and

Yellowstone Landscape-Southeast, LLC a Florida limited liability company, whose address is P.O. Box 849, Bunnell, Florida 32110 (the "Contractor").

RECITALS

WHEREAS, the District was established pursuant to Chapter 190, Florida Statutes, as amended, for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure improvements; and

WHEREAS, the District owns, operates and maintains the stormwater management pond banks identified as Ponds 1 and 5 and the South, East and Carrol Street fence buffers on the attached Exhibit A; and

WHEREAS, the District desires to retain an independent contractor to provide landscape maintenance services for such pond banks, the scope of which is as more particularly described in the attached Exhibit B, which is incorporated herein by this reference (the "Services"); and

WHEREAS, Contractor represents that it is qualified, willing and able  to  provide landscape maintenance services and desires to provide the Services to the District; and

WHEREAS, the District and Contractor warrant and agree that they have all right, power and authority to enter into and be bound by this Agreement.

Now, THEREFORE, in consideration of the recitals, agreements, and mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, the parties agree as follows:

SECTION 1. RECITALS. The recitals so  stated  are  true  and  correct  and  by  this reference are incorporated into and form a material part of this Agreement.

SECTION 2.	DESCRIPTION OF WORK AND SERVICES.

The duties, obligations, and responsibilities of the Contractor are to provide the services, labor and materials necessary for the provision of landscape maintenance services within the District as described herein and in Exhibit B.

This Agre ment grants to Contractor the right to enter the lands that are subject to this Agreement, for those purposes described in this Agreement, and Contractor hereby agrees to comply with all applicable laws, rules, ordinances and regulations affecting the provision of the Services.

Contractor shall be solely responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District and in accordance with this Agreement. Contractor shall use industry best practices and procedures when carrying out the Services.

The Contractor shall report directly to the District's Designee who shall be  the District Manager. Contractor acknowledges and agrees that the District has the right to request that Contractor's employees and/or subcontractors who do not behave in a professional manner, in the District's sole determination, be removed from the Contractor's landscape maintenance team(s) providing the Services to the District.

Contractor shall use all due care to protect the property of the District, its residents and landowners from damage and shall follow and be responsible for the Services set forth in Exhibit B. Contractor agrees to repair any damage resulting from  Contractor's activities and work within twenty-four (24) hours. This includes, but is not limited to, damage caused by Contractor to irrigation heads and lines, landscape, grasses or any other District or landowner properties or improvements.

In the event that time is lost due to heavy rains ("Rain Days"), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the time during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days, but shall not provide services on Sundays.

SECTION 3.	COMPENSATION; TERM.

As compensation for the completion of the Services, the District agrees to pay the Contractor in twelve (12) monthly payments of Two Thousand Dollars ($3,930.00), not to exceed a total amount of Twenty Four Thousand Dollars ($47,160.00) per year, which amount includes all tools, labor and materials necessary to complete the Services. Any additional services shall be at the unit prices set forth in Exhibit B.

The term of this Agreement shall be from October I, 2021 through September 30, 2024, unless terminated earlier in accordance with the terms of this Agreement.

If the District should desire additional work or services not provided in Exhibit B, or to add additional lands to be maintained, the Contractor agrees to negotiate in good faith to undertake such additional work or services. Upon successful negotiations, the parties shall agree in writing to a work order, addendum, addenda, or change order to this Agreement as set forth in Section 4.

The District may require, as a condition precedent to making any payment to the Contractor that all subcontractors, material men, suppliers or laborers be paid and require evidence, in the form of Lien Releases or partial Waivers of Lien, to be submitted to the District by those subcontractors, material men, suppliers or laborers, and further require that the Contractor provide an Affidavit relating to the payment of said indebtedness. Further, the District shall have the right to require, as a condition precedent to making any payment, evidence from the Contractor, in a form satisfactory to the District, that any indebtedness of the Contractor, as to services to the District, has been paid and that the Contractor has met all of the obligations with regard to the withholding and payment of taxes, Social Security payments, Workmen's Compensation, Unemployment Compensation contributions, and similar payroll deductions from the wages of employees.

The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render an invoice to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. This invoice is due and payable within forty-five (45) days of receipt by the District, or in accordance with Florida's Prompt Payment Act, whichever is sooner. The invoice shall include such supporting information as the District may reasonably require the Contractor to provide.

SECTION 4. CHANGE ORDERS. Contractor understands  that  the  Services  may  be reduced, enlarged or otherwise modified in scope. If any additional Services  are  proposed beyond those identified in this Agreement, Contractor shall perform them but only  after receiving a written change order from the District. Contractor shall cooperate with and assist the District in preparing and determining the scope of any change order. In the event the service represents a unit price set forth in this Agreement, Contractor's compensation shall be adjusted for the added or deducted services proposed by the change order in accordance with the unit prices established in the Agreement. In the event the service is not represented by a lump sum or unit price set forth in this Agreement, Contractor's compensation  shall be adjusted for the added
or deducted services proposed by the change order as reasonably determined by the District in conference  with the Contractor. All change orders shall be in the form attached hereto as Exhibit
c.
SECTION  5.   WARRANTY  AND COVENANT.  The Contractor warrants to the District that  all materials furnished under this Agreement shall be new, and that all services and materials shall be of good quality, free from faults and defects. The Contractor hereby warrants any materials and Services for a period of one (1) year after acceptance by the District or longer as required under Florida law. Contractor further warrants to the District those warranties which Contractor otherwise warrants to others and the duration of such warranties is as provided by Florida law unless longer guarantees or warranties are provided for elsewhere in the Agreement (in which case the longer periods of time shall prevail). Contractor shall replace or repair warranted items to the District's satisfaction and in the District's discretion. Neither final acceptance of the Services, nor monthly or final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or Services. If any of the Services or materials are found to be defective, deficient or not in

accordance with the Agreement, Contractor shall correct remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting there from to District property or the property of landowners within the District. Contractor hereby certifies it is receiving the property in its as-is condition and has thoroughly inspected the property and addressed any present deficiencies, if any, with the District.

Contractor hereby covenants to the District that it shall perform the Services: (i) using its best skill and judgment and in accordance with generally accepted professional standards and (ii) in compliance with all applicable federal, state, county, municipal, building and zoning, land use, environmental, public safety, non-discrimination and disability accessibility laws, codes, ordinances, rules and regulations, including, without limitation, all professional registration (both corporate and individual) for all required basic disciplines that it shall perform. Contractor hereby covenants to the District that any work product of the Contractor shall not call for the use nor infringe any patent, trademark, services mark, copyright or other proprietary interest claimed or held by any person or business entity absent prior written consent from the District.

SECTION  6   INSURANCE.   Contractor  shall, at its own expense, maintain insurance during the performance of its Services under this Agreement, with limits of liability not less than the following:

Workers Compensation

General Liability
Bodily Injury (including contractual) Property Damage (including contractual)

Automobile Liability (if applicable)
Bodily Injury and Property Damage

statutory

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

$1,000,000

Contractor shall provide the District with a certificate naming the District, its officers, agents and employees as an additional insured prior to the commencement of the Services. At no time shall Contractor be without insurance in the above amounts. No policy may be canceled during the term of this Agreement without at least thirty (30) days written notice to the District. An insurance certificate evidencing compliance with this section shall be sent to the District prior to the commencement of any performance under this Agreement.

SECTION 7.  INDEPENDENT  CONTRACTOR.  It is understood and agreed that at all times the relationship of Contractor and its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor to the District is the relationship of an independent contractor and not that of an employee, agent, joint venturer or partner of the District. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between the District and Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor. The parties acknowledge that Contractor is not an employee for state or federal tax purposes. Contractor shall hire and pay all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor, all of whom shall be employees of Contractor and not employees of District and at all times entirely under Contractor's supervision, direction and control.

In particular, District will not: i) Withhold FICA (Social Security) from Contractor's payments; ii) Make state or federal unemployment insurance contributions on Contractor's behalf; iii) Withhold state or federal income tax from payment to Contractor; iv) Make disability insurance contributions on behalf of Contractor; or v) Obtain workers' compensation insurance on behalf of Contractor. Moreover, Contractor shall provide the District with a completed IRS W-9 form prior to the commencement of the Services.

SECTION   8.	COMPLIANCE    WITH    LAWS,    ORDINANCES   AND   REGULATIONS.	In
performing its obligations under this Agreement, Contractor and each of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction, including all laws, regulations and rules relating to immigration and/or the status of foreign workers. Contractor shall initiate, maintain, and supervise all safety precautions and programs in connection with its obligations herein. Contractor shall ensure that all of Contractor's employees, agents, subcontractors or anyone directly or indirectly employed by Contractor observe Contractor's rules and regulations of  safety and conduct. Contractor shall take all reasonable precautions for the safety of and shall provide all reasonable protection to prevent damage, injury or loss to all of its employees, agents and subcontractors performing its obligations herein and other persons who may be affected, and any material, equipment and other property. Contractor shall remedy all damage or loss to any property caused in whole or in part by Contractor, its employees, agents, subcontractors or anyone directly or jndirectly employed by Contractor, or by anyone for whose acts Contractor may be liable. Contractor shall indemnify District for all damage or losses it may incur or be exposed to because of Contractor or any of its employees, agents, subcontractors or anyone directly or indirectly employed by Contractor's failure to comply with the provisions contained herein.

SECTION 9.	DEFAULT AND PROTECTION AGAINST THIRD PARTY INTERFERENCE. A
default by either party under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained  in this Agreement shall limit or impair the District's right to protect its rights from interference by a third party to this Agreement.

SECTION  10.  ENFORCEMENT  OF AGREEMENT.  In the event that either party is required to enforce this Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall be entitled to recover from the other all fees and costs incurred, including reasonable attorney's fees and costs for trial, alternative dispute resolution, or appellate proceedings.

SECTION 11.  AMENDMENTS.  Amendments  to and waivers of the provisions  contained  in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.

SECTION 12. AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this instrument.

SECTION 13. NOTICES. All notices, requests, consents and other communications under this Agreement ("Notices") shall be in writing and shall be delivered, mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to Contractor:

If to District:

With a copy to:

Yellowstone Landscape-Southeast, LLC
P.O. Box 849
Bunnell, Florida 32110 Attn: Project Manager

Tapestry Community Development District c/o Governmental Management Services 219 E. Livingston Street
Orlando, Florida 32801 Attn: District Manager

Hopping Green & Sams, P.A.
119 South Monroe Street, Suite 300 Post Office Box 6526
Tallahassee, Florida 32314 Attn: Lindsay Whelan

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delivery at the address set forth above. Notices delivered after 5:00 p.m. (at the place of delivery) or on a non-business day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would otherwise expire on a non­ business day, the Notice period shall be extended to the next succeeding business day. Saturdays, Sundays, and legal holidays recognized by the United States government shall not be regarded as business days. Counsel for the District and counsel for the Contractor may deliver Notice on behalf of the District and the Contractor. Any party or other person to whom Notices are to be sent or copied may notify the other parties and addressees of any change in name or address to which Notices shall be sent by providing the same on five (5) days written notice to the parties and addressees set forth herein.

SECTION 14. ARM'S LENGTH TRANSACTION. This Agreement has  been  negotiated fully between the District and the Contractor as an arm's length transaction. Both parties participated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, both parties are deemed to have drafted, chosen, and selected the language, and the doubtful language will not be interpreted or construed against either the District or the Contractor.

SECTION 15. THIRD PARTY  BENEFICIARIES.  This Agreement is solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.

SECTION 16. ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement or any monies to become due hereunder without the prior written approval of the other.

SECTION 17. APPLICABLE LAW AND VENUE. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Each party consents that the venue for any litigation arising out of or related to this Agreement shall be in Osceola County, Florida.

SECTION 18.	INDEMNIFICATION.

Contractor, its employees, agents and subcontractors shall defend, hold harmless and indemnify the District and its supervisors, officers, staff, employees, representatives and agents against any claims, damages, liabilities, losses and costs, including, but not limited to, reasonable attorneys' fees, to the extent caused by the acts or omissions of Contractor, and other persons employed or utilized by Contractor in the performance of this Agreement or the Services performed hereunder.

Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorney fees, paralegal fees and expert witness fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings) as ordered.

SECTION 19.	LIMITATIONS	ON	GOVERNMENTAL	LIABILITY.	Nothing	in	this
Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.

SECTION 20. TERMINATION. The District agrees that the Contractor may terminate this Agreement for cause by providing thirty (30) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that the District may terminate this

Agreement immediately for cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days written notice of termination without cause. Upon any termination of this Agreement, the Contractor shall be entitled to payment for all Services rendered up until the effective termination of this Agreement, subject to whatever claims or off sets the District may have against the Contractor as the sole means of recovery for termination.

SECTION 21. OWNERSHIP OF DOCUMENTS. All rights in and title to all plans, drawings, specifications, ideas, concepts, designs, sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Contractor pursuant to this Agreement shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.

SECTION 22.  PUBLIC  RECORDS.   Contractor  understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is George Flint ("Public Records Custodian"). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service; 2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to  the District, at no cost, all public records in Contractor's possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant  to Florida  laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically. must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (407) 841-5524, GFLINT@GMSCFL.COM, OR AT 219 E. LIVINGSTON STREET, ORLANDO, FLORIDA 32801.

SECTION 23.	COMPLIANCE WITH E-VERIFY SYSTEM

The Contractor shall comply with and perform all applicable provisions and requirements of Section 448.095, Florida Statutes and Section 448.09(1), Florida Statues. Accordingly, beginning on the Effective Date, to the extent required by Section 448.095, Florida

Statutes, the Contractor shall enroll with and use the United States Department of Homeland Security's E-Verify system to verify the work authorization status of  all  newly  hired  employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Contractor has knowingly violated Section 448.091, Florida Statutes.

If the Contractor anticipates entering into agreements with a subcontractor for the work, Contractor will not enter into the subcontractor agreement without first receiving an affidavit from the subcontractor regarding compliance with Section 448.095, Florida Statutes, and stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of such affidavit for the duration of the agreement and provide a copy to the District upon request. In the event that the District has a good faith belief that a subcontractor has knowingly violated Section 448.095, Florida Statutes, but the Contractor has otherwise complied with its obligations hereunder, the District shall promptly notify the Contractor. The Contractor agrees to immediately terminate the agreement with the subcontractor upon notice from the District. Further, absent such notification from the District, the Contractor or any subcontractor who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Florida Statutes, shall promptly terminate its agreement with such person or entity.

By entering into this Agreement, the Contractor represents that no public employer has terminated a contract with the Contractor under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date

SECTION 24. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or  unenforceable.

SECTION 25. HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall not control nor affect the meaning or construction of any of the provisions of this Agreement.

SECTION 26. ENTIRE AGREEMENT. This instrument shall constitute the  final  and complete expression of the agreement between the parties relating to the subject matter of this Agreement.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement  as of the day  and year first written above.

Attest:	TAPESTRY	COMMUNITY DEVELOPMENT DISTRICT

SecretaryIAssistant Secretary	ChairmanNice	Chairman,	Board	of Supervisors

Witness:	YELLOWSTONE
SOUTHEAST, LLC

LANDSCAPE-

Signature of Witness

By:_ _

_ _ _ _ _ _

_ _ _

_ _ _

Print Name

Print Name:-	-	-	-	-	-	-	-	-	-	-
Title:    	

Exhibit A: Exhibit B: Exhibit C:

Landscape Maintenance Maps Scope of Services
Form of Change Order

EXHIBIT A

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1'

Ii

Landscape Maintenance Maps (Ponds 1 and 5 only)

EXHIBITB
Scope of Services

A. Turfgrass Specifications

Mowing
Schedule of mowing is determined by the type of turf being serviced and ad justed to coincide with seasonal growth rates to maintain a consistent, healthy appearance. Scheduled cuts missed due to inclement weather will be made up as soon as possible.
Mower blades will be kept sharp at all times to prevent tearing of grass leafs.
Tun growth regulators may be used to assist in maintaining a consistent and healthy appearance of the tur f.
Various mowing patterns will be employed to ensure the even distn'bution of dippings and to prevent ruts in the tun caused by mowers. Grass clippings will be left on the lawn to restore nutrients, unless excess clippings create an unsightly
appearan ce.
Turf will be cut to a desirable height with no more than1/3 of the leaf blade removed during each mowing to enhance health and vigor.

Edging & Trimming
Yellowstone Landscape will neatly edge and trim arOtllld all plant beds, curbs, streets, trees, buildings, etc. to maintain shape and configuration.
Edging equipment "villbeequipped with manufacturer's guards to deflect hazardous debris.
All walks will be blown after edging to maintain a clean, well-groomed appearance.
All grass runners will be removed after edging to keep mulch areas free of wee ds and encroaching grass.
''H ard" edging, "soft" edging and string trimming will be performed in conjwtction with turf mowing operations.
Areas mutually agreed to be inaccessible to mowing machinery willbe maintained with string trimmers or chemical means, as environmental conditions permit.

Bahia-:mow/ edge,strl!!J5 trim .........._..•····-······--•••...I...................................a6 ................................
Property Poli   nJ;(Monitoring..................................:...................................5-0................................

Mow

··

EXHIBITC

Form of Change Order

WORK AUTHORIZATION FOR ADDITIONAL LANDSCAPE MAINTENANCE SERVICES

THIS   WORK   AUTHORIZATION   (the  "Work  Authorization"),  dated 	., 20 authorizes certain work in accordance with that certain Agreement for Landscape and Maintenance Services (the "Agreement"), dated October 1, 2021, by and between:

Tapestry Community Development District, a local unit of special-purpose government located in City of Kissimmee, Florida, and whose mailing address is 219 E. Livingston Street, Orlando, Florida 32801 (the "District"); and

Yellowstone Landscape-Southeast, LLC, a Florida limited liability company, whose address is P.O. Box 849, Bunnell, Florida 32110 (the "Contractor").

SECTION 1. SCOPE OF SERVICES. In addition to the Services described in the Agreement and any Exhibits and Amendments thereto, the Contractor will provide additional landscape maintenance services, as set forth in the attached Exhibit A, which is incorporated herein by reference, all in accordance with the terms of the Agreement (collectively, the "Additional Services").

SECTION 2. COMPENSATION. It is understood and agreed that the payment of compensation for the Additional Services under this Work Authorization shall be in the amount set forth in the attached Exhibit B, and in the manner set forth in the Agreement.

SECTION 3. ACCEPTANCE. Acceptance of this Work Authorization will authorize the Contractor to complete the Additional Services as outlined above and is indicated by the signature of the authorized representative of the District and the Contractor in the spaces provided below. Contractor  shall commence the aforesaid Additional Services as provided herein and shall perform the same in accordance with the terms and conditions of the Agreement, which, except to the extent expressly altered or changed in this Work Authorization, remain in full force and effect.

IN WITNESS WHEREOF, the Parties hereto have caused this Work Authorization to be executed the day and year first above written.

TAPESTRY	COMMUNITY	DEVELOPMENT DISTRICT

Secretary	Chairman, Board of Supervisors

YELLOWSTONE LANDSCAPE-SOUTHEAST, LLC

 	

Witness	By:c. _

_	_	_

_	_	_	_	_	_	_	_

lts:- - - - - - - - - - - - - - - -
Exhibit A: Proposal/Scope of Additional Services

S ECTION V-III

S	ECTION C

S ECTION 1

Tapestry
Community Development District
Summary of Invoices
August 4th, 2021 through September 29th, 2021

Fund	Date	CheckNo.'s	Amount

General Fund	8/5/21	421- 424	$	6,227.25	
	8/19/21	425- 428	$	5,085.00	
	8/27/21	429- 431	$	10,527.29	
	9/15/21	432- 433	$	10,500.00	
	9/23/21	434- 435	$	1,204.00	
Total	$	33,543.54 I

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/29/21
***  CHECK DATES 08/04/2021 - 09/29/2021 ***	TAPESTRY GENERAL FUND
BANK A TAPESTRY-GENERAL FUN

PAGE	1

CHECK  VEND# .....INVOICE..•.....EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS

8/05/21	00015	6/30/21	

8/05/21	
00004	
7/13/21	

8/05/21	
00009	
7/12/21	

195119	202106 320-53800-46400
POND MAINTENANCE - JUN 21

STATUS

*

AMOUNT	...•CHECK.....
AMOUNT	#
595.00

APPLIED AQUATIC MANAGEMENT, INC.
123849	202106 310-51300-31500	*
GEN COUNSEL/MTHLY MEETING

-  -  -  -  -  -  -  -  -  - -  - 59- 5.- 00- 921.00

000421

8/05/21 00013

8/19/21 00015

HOPPING GREEN & SAMS
5279258	202106 310-51300-31100
GEN. ENGINEERING 6/30/21
- -  - -  -  - - - - -  -  -  - -  -  -  -HA-NSON, WALTER &   ASSOCIATES, INC. 8/01/21 OS 24582 202108 320-53800-46200
MTHLY LANDSCAPE MAINT-AGO
-  -  -  -  - - - -	-  -  - - - -  - -YE-LLOWSTONE LANDSCAPE-SOUTHEAST,LLC 7/31/21 195838	202107 320-53800-46400
POND MAINTENANCE - JUL 21

-  -  -  -  -  -  -  - -  -  -  -92-1.-00- 000422
*	781.25
- - - - - - - - - - - -7-81-.2-5 000423
*	3,930.00
- - - - - - - - - - -3,-93-0.-0-0 000424
*	595.00

APPLIED AQUATIC MANAGEMENT, INC.
8/19/21 00001	8/01/21 233	202108 310-51300-34000	*
MANAGEMENT FEES - AUG 21
8/01/21 233	202108 310-51300-35100	*
INFORMATION TECH - AUG 21
8/01/21 233	202108 310-51300-31300	*
DISSEMINATION SVCS-AUG 21
8/01/21 233	202108 310-51300-51000	*
OFFICE SUPPLIES
8/01/21 233	202108 310-51300-42000	*
POSTAGE
8/01/21 234	202108 320-53800-12000	*
FIELS MANAGEMENT - AUG 21
8/01/21 233	202108 310-51300-34000	V MANAGEMENT FEES - AUG 21
8/01/21 233	202108 310-51300-35100	V INFORMATION TECH - AUG 21
8/01/21 233	202108 310-51300-31300	V
DISSEMINATION SVCS-AUG 21
8/01/21 233	202108 310-51300-51000	V OFFICE SUPPLIES
8/01/21 233	202108 310-51300-42000	V POSTAGE
8/01/21 234	202108 320-53800-12000	V FIELS MANAGEMENT - AUG 21

-  -  -  - - - - -  -  -  -  -59-5.-00-
3,004.17
l00.00 291.67
.18
106.18
643.75
3,004.17-
100.00-
291.67-
.18-
106.18-
643.75-

000425

GOVERNMENTAL MANAGEMENT SERVICES

TAP2 TAPESTRY	MBYINGTON

- - - - - - - - - -

.00 000426

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/29/21
***  CHECK DATES 08/04/2021 - 09/29/2021 ***	TAPESTRY GENERAL FUND
BANK A TAPESTRY-GENERAL FUN

PAGE	2

CHECK  VEND# ...••INVOICE•.......EXPENSED TO...	VENDOR NAME DATE	DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS

STATUS

AMOUNT	....CHECK...•.
AMOUNT	#

8/19/21 00006

8/19/21 00013

7/31/21 03984958 202107 310-51300-48000
NOT.MTG FY22 BUDGET ADOPT
- - - - - - -  -  - -  -  -  -  -  -  -  -  -OR-LANDO SENTINEL 7/01/21 OS 23963 202107 320-53800-46200
MTHLY LANDSCAPE MAINT-JUL

*	560.00
- -  - - - - - - - - - -5-60-.0-0 000427
*	3,930.00

YELLOWSTONE LANDSCAPE-SOUTHEAST,LLC
8/27/21 00001	8/01/21 233	202108 310-51300-34000	*
MANAGEMENT FEES - AUG21
8/01/21 233	202108 310-51300-35100	*
INFO TECHNOLOGY - AUG21
8/01/21 233	202108 310-51300-31300	*
DISSEMINATION SVC - AUG21
8/01/21 233	202108 310-51300-51000	*

8/01/21	233	202108 310-51300-42000	*	106.18	
8/01/21	POSTAGE
234	202108 320-53800-12000	*	643.75	

OFFICE SUPPLIES

-  -  -  -  -  -  - -  -  -  -3,-93-0.-0-0 000428 3,004.17
100.00
291.67
.18

FIELD MANAGMEMENT - AUG21

GOVERNMENTAL MANAGEMENT SERVICES

-  -  -  -  -  -  -  -  -  -  -4,-14-5.-95-

000429

8/27/21 00014

8/27/21 00012

9/15/21 00003

9/15/21 00001

6/07/21 93264	202106 310-51300-32300
TRUSTEE FEES - FY21
-  -  -  -  -  -  -  -  - - - -  -  -  - -  - -RE-GIONS
8/27/21 08272021 202108 300-20700-10200
ASSESSMENT TXFER - S2016
-  - - - - - -  -  -  -  -  - - - - - -TA-PESTRY CDD C/0 REGIONS BANK 9/10/21 14307	202109 300-15500-10000
FY22 INSURANCE POLICY
- - - - -  - - - - - -  -  - -  -  - -EG-IS INSURANCE ADVISORS, LLC 9/01/21 240	202109 310-51300-34000
MANAGEMENT FEES - SEP 21 9/01/21 240	202109 310-51300-35100
INFORMATION TECH - SEP 21 9/01/21 240	202109 310-51300-31300
DISSEMINATION SVCS-SEP 21
9/01/21 240	202109 310-51300-51000
OFFICE SUPPLIES
9/01/21 240	202109 310-51300-42000
POSTAGE
9/01/21 240	202109 310-51300-42500
COPIES

*	3,500.00

-	-

-  -  -  -  -  -  -  -  -  - 3,- 500.- 00-
*	2,881.34
- - - - - - - - - - -2-,8-81.-34-
*	6,405.00
-  -  -  -  -  -  - -  -  -  -6,-40-5.-00-
*	3,004.17
*	100.00
*	291.67
*	.57
*	9.69
*	45.15

000430

000431

000432

TAP2 TAPESTRY	MBYINGTON

AP300R	YEAR-TO-DATE ACCOUNTS PAYABLE PREPAID/COMPUTER CHECK REGISTER	RUN 9/29/21
***  CHECK DATES 08/04/2021 - 09/29/2021 ***	TAPESTRY GENERAL FUND
BANK A TAPESTRY-GENERAL FUN

PAGE	3

CHECK	VEND# ....•INVOICE......•.EXPENSED TO...	VENDOR NAME DATE		DATE	INVOICE	YRMO DPT ACCT# SUB SUBCLASS
9/01/21 241	202109 320-53800-12000
FIELD MANAGEMENT - SEP 21

STATUS

*

AMOUNT	•••.CHECK.....
AMOUNT	#
643.75

9/23/21 00015

9/23/21 00004

GOVERNMENTAL MANAGEMENT SERVICES
8/31/21 196651	202108 320-53800-46400
POND MAINTENANCE - AUG 21
-  -  -  -  -  -  -  -  -  -  -  -  -  -  - -  - AP- PLIED AQUATIC MANAGEMENT, INC. 9/14/21 125121	202108 310-51300-31500
GEN.COUNSEL/MTHLY.MEETING

-  -  -  -  -  -  - - - - -4,-0-95-.00- 000433
*	595.00
-  -  -  - - - - - - - -  -5-95-.0-0 000434
*	609.00

HOPPING GREEN &   SAMS	609.00 000435

TOTAL FOR BANK A TOTAL FOR REGISTER

33,543.54
33,543.54

TAP2 TAPESTRY	MBYINGTON

S ECTION 2

Tapestry
Community Development District

Unaudited Financial Reporting
August 31, 2021

Table of Contents

 	Balance Sheet 

 	General Fund 

 	Debt Service Fund 

 	Ca pital Projects Fund 

 	Month to Month 

Long Term  Debt Summar y

 	Assessment  Receipt Schedule 

Tapestry
Community Development District Combined Balance Sheet
August 31, 2021

Assets:	General	Debt Service	Capital Project1·	Totals
Fund	Fund	Fund	Governmental Funds		
	Cash
Investments	$	833,453	$	$	$	833,453		
	Series 2016			
	Reserve	$	$	464,019	$	$	464,019		
	Revenue	$	$	185,469	$	$	185,469		
	Interest	$	$	1	$	$	1		
	Principal	$	$	1	$	$	1		
	Redemption	$	$	23	$	$	23		
	Due From General Fund	$	$	2,881	$	$	2,881		
	Total Assets	$	833,4S3	$	6S2,394	$	$	1,48S 1847		
	Liabilities:			
	Accounts Payable	$	1,204	$	$	$	1,204		
	Total Liabilities	$	1,204	$	$	$	1,204		
	
Fund Balances:			
	Unassigned	$	832,249	$	$	$	832,249		
	Assigned for Debt Service	$	$	652,394	$	$	652,394		
	Total Fund Balances	$	832,249	$	6S2,394	$	$	1,484,643		

Liab1l1t1es & Fund Balance

Total	$	833,453	$	652,394	$	•	$	1,485,847

Tapestry
Community Development District
General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance
For The Period Ending August 31, 2021

,1---

=	- =- :--	-::_•-c·,.s-,· ·(._,_-_·:---_-:,,· .....,.. -	- -;-··:•;- - •1

--=-- -=- --

Adllplcd	Proi.ited Budget	Ar111,1I

Non-Ad ValoremAssessments	$	203,354	$	203,354	$	203,939	585	
Interest	$		$	$	89	89	
Total Revenues	s	203,354	$	203,354	$	204,028	$	674	
Expeuditnres·						
i=e:aa:alil 4 mirzid:c11U c:·						
Supervisor Fees	$	4,000	$	3,667	800	$	2,867	
FICA Expense	$	100	$	92	31	$	61	
Engineering	$	10,000	$	9,167	$	1,406	$	7,760	
Attorney	$	20,000	$	18,333	$	5,178	$	13,156	
Annual Audit	$	3,500	$	3,500	$	3,500	$	
Assessment Administration	$	2,500	$	2,500	$	2,500	$	
Arbitrage	$	450	$	450	$	450	$	
Dissemination	$	3,500	$	3,208	$	3,208	$	(0)	
Trustee Fees	$	3,500	$	3,500	$	3,500	$	
ManagementFees	$	36,050	$	33,046	$	33,046	$	(OJ	
lnfonnation Technology	$	1,200	$	1,100	$	1,100	$	
Telephone	$	300	$	275	$	$	275	
Postage	$	800	$	733	$	206	$	527	
Insuranre	$	6,500	$	6,500	$	6,189	$	311	
Printing & Binding	$	1,000	$	917	$	84	$	833	
Legal Advertising	$	2,500	$	2,292	$	913	$	1,379	
Other Current Charges	$	1,000	$	1,000	$	1,670	$	(670)	
Office Supplies	$	500	$	458	$	3	$	455	
Propef1¥ Appraiser	$	300	300	$	303	$	(3)	
Dues, Ucenses & Subsaiptions	$	175	175	$	175	$	
Total General & Administrative,	s	97,875	$	91,213	$	64,261	$	26,951	
flpa:ations and Mainte:ua11g: Eu:cnsa						
Field Expenses						
Field Management	$	7,725	7,081	$	7,081	$	
Propef1¥ Insurance	$	4,500	4,500	$	$	4,500	
Landscape Maintenance	$	47,160	43,230	$	43,230	$	
Landscape Contingency	$	5,490	5,033	$	700	$	4,333	
Lake Maintenance	$	7,354	6,741	$	6,545	$	196	
Stormwater Maintenance	$	10,000	9,167	$	$	9,167	
Wetland Maintenance	$	4,600	4,217	$	$	4,217	
Plant Replacement	$	5,000	$	4,583	$	$	4,583	
Contingency	$	13,650	12,513	$	$	12,513	
Total Oi!!!:atlons and Maintenance	enses	 	s	105,479	$		97,064	$	57,556	$		39,508 	
!Total Expenditures	s	203,354	s	188,277	s	121,817	$	66,459		

Excess Revenues (Expenditures)	
;	
•			
S	
82,211			
	s					750,038			
									
					$	832,2 ♦9			

Tapestry
Community Development District
Debt Service Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance
For  The Period Ending August 31, 2021

Adopted	Prorated Budget	Actual
 	  -	    --'"'!'    -"'-   --	.]>.:: -   --=	,e- ·"!.:''i_,_;    ; ....,.: ..:ll-  -	t..·.  ,.r _··,::.:;_:   ,--;.-i-

-9:°7\'.::·. -- Y	1

Revenues

Special Assessments Interest	$
$	464,000	$
$	464,000	$	466,718	$	2,718
$	59	$	59	

Total Revenues	
$	464,000	
$	%4,000	$	466,777	$	2,777	
Expendtt11res·						
General& Administ;rottve·						
Interest Payment --11/1	$	163,263	$	163,263	$	163,263	$	
PrincipalPayment--5/1	$	140,000	$	140,000	$	140,000	$	
InterestPayment--5/1	$	163,263	$	163,263	$	163,263	$	

:Total Expenditures	$	%6,525	$	466,525	$	466,525	$

Other sources /Q1ses)

Transfer In/(Out)	$	$	$	(500)	$	(500)

Total Other Financing Sources (Uses)	s	s	$	(500)	s	(500)

Excess Revenues (Expenditures)	$	(2,525)	$	(248 )

Fund Balance • Beginning	$	184,506	$	652,643

Fad Balance·E	$	181,981	s	652,394

Tapestry
Community Development District
Capital  Projects Fund
Statement of Revenues, Expenditures, and Changes in Fund Balance

--=-=	{:.:\··-	_--..._;.

For The Period Ending August 31, 2021

/\ctual

/\doptcd	Prorated Budget

J	=..

--- -

_- _ _

f -'-: fdi:_ J_--

_   ·_:_.	i_- • ·:·,;- --2_ =-- _:

_-: ·: - · .:_ - !

Revenues

lnrerest	$	$	$	1	$	1		
Total Revenues	s	s	s	1	s	1		

Emeudituce,·							
Genecol& Adminiscrntive·

Capital Outlay	

$	

$	

$	

1 9,627	

$	(19,627)		
!Total Expenditures	s	s	s	19,627	s	(19,627)		
Other Fjnancini: Sources(Olses)							
Transfer ln/(Out)	$	$	$	
500	
$	500		
Total Other Financing Sources (Uses)	s	s	s	500	s	500		

Excess Revenues (Expenditures)	$	$	(19,126)	
. Fund Balance• Beginning	s	$	19,126	
			
	$	$	

Tapestry
Community Development District

.Bamwca	0( 	Nnv	U1•r	1 --i	,i.,t :	n u	llpt	"LI"	:t;11	l, d	,\1:1,1	Sr p	Tot.ii	
Non-Ad ValoremAssessmenls	$	$	14,226	$	177,026	$	2,246	$	2,985	$	2,223	$	2,587	$	1,253	$	1,394	$	$	$	$	203,939	
Interest	$	6	$	6	$	10	$	12	$	10	$	8	$	7	$	8	$	7	$	7	$	7	$	$	89	
Total Revenues	s		s	14,232	$	177,036	$	2,257	$	2,995	$	2,231	s	2,594	$	1,260	$	1,401	$	7	s	7	J	$	204,0ZB	
exneud1t11ces·																									
r-eaez:al& ddmfDt.stcaum·																									
Supervisor Fees	$		$		$		$		$		$		$		$		$	400	$		$	400	$	$	BOO	
FICA Expense	$		$		$		$		$		$		$		$		$	1S	$		$	1S	$	$	31	
Engineering	$		$	281	$		$		$	344	$		$		$		$	781	$		$		$	$	1,406	
Attorney	$	188	$	628	$	940	$	71	$	337	$	284	$	324	$	877	$	921	$		$	609	$	$	5,178	
Annual Audit	$		$		$		$		$		$		$		$		$	1,000	$	2,500	$		$	$	3,500	
Assessment Administration	s	2,500	$		$		s		$		$		s		$		$		$		$		$	$	2,500	
Arbitrage	s		$		s		s		$		$		s		$	450	$		$		$		$	$	4S0	
Dissemination	$	292	$	292	s	292	s	292	$	292	s	292	s	292	$	292	$	292	$	292	$	292	$	$	3,208	
Trustee Fees	s		$		s		s		$		s		s		$		$	3,500	$		$		$	$	3,500	
Management Fees	s	3,004	$	3,004	s	3,004	s	3,004	s	3,004	s	3,004	s	3,004	$	3,004	$	3,004	s	3,004	$	3,004	$	$	33,046	
Information Technology	s	100	s	100	s	100	s	100	s	100	s	100	s	100	$	100	s	100	s	100	s	100	$	$	1,100	
Telephone
Postage	s	
7	
$	
3	s	
12	s	
4	s		s	
7	s	s	s	
26	
$	
29	s	
B	s	
106	
$	
$	
206	
Insurance	s	6,189	s		s		s		s		s		s		$		s		s		s		$	$	6,189	
Prlndng& Binding	s	1S	$	2	$	7	$	2	s		s	2	$		$		$		$	S6	$		$	$	84	
Legal Advertising	s		s	149	$		$		$		$		$		$	204	$		s	560	s		$	$	913	
OtherCurrentCharges	$	27	$	291	$	147	$	147	$	1S3	$	146	$	1S4	$	16S	$	146	$	148	$	14S	$	$	1,670	
Office Supplies	s	1	s	0	$	0	$	0	$		$	0	$		$	0	$	0	$	1	s	0				
Property Appraiser	$		s		$		$		$	303	$		$		$		$		$		s		$	$	303	
Dues, Licenses & Subsa1pUons	$	17S	$		$		$		$		$		$		$		$		$		$		$	$	175	
Total General &Administrative:	s	IZ,496	s	4,750	s	4,502	$	3,619	$	4,531	$	3,836	$	3,878	$	S',118	s	10,189	$	6,668	$	4,672	$	s	6",261	
D11ecaHuns aad Malab:aaoa: E1D11:11se:s																									
Field Expenses
Field Management	$	

644	
$	
644	s	
644	
$	
644	
$	

644	
$	
644	
$	
644	
$	
644	
$	
644	
$	
644	

$	

644	
$	
$	
7,081	
Property Insurance
Landscape Maintenance	$	
3,930	
$	
3,930	
$	
3,930	s	
3,930	
$	
3,930	
$	
3,930	
$	
3,930	
$	
3,930	
$	
3,930	
$	
3,930	
$	
3,930	
$	
$	
43,230	
LandSC1pe Contingency	$		$		$	700	$		$		$		$		s		$		$		$		s	s	700	
Lake Maintenance	$	595	s	S95	$	595	$	595	$	595	$	595	$	595	$	595	$	595	$	595	$	595	$	$	6,545	
Stormwater Maintenance																									
Wetland Maintenance																									
Plant Replacement	$																									
Contingency	$																									
Total 02  eratlons   and  Malntenance	es J	,5 169	$	S,169	$	S,869	$	S,169	$	S,169	$	5,169	s	5;169	$	S,169	$	S,169	$	S,169	s	5,169	s	s	57,556	

Month ID Month

'

!Total E     endltures	s	17,61;!;   s	9,919     $	t 0,371     $	B,7B8    $	9,700     $	9,005    $	9'°4,7   $	10,287     s	1S   S8    J	11,!!37     $	9Al41    s	s	lZ l,81 7
ExcessRcvcnucs(l  xpcnditurcs)	1	{17,6SIJl   S	4,311     i	Hi6,6f1S    $	l6,531)    I	((1,70S)  $	(f'i,774)   i	(6,4S3)   S	(9,027)   S	{B,9S6)    S	{ll.B29)    $	(9,B]]J    S	S	H2,2! J

5

Tapestry
Community Development District Long Term Debt Report

SERIES 2016, SPEOALASSESSMENTREVENUE BONDS	
INTEREST RATES:	3.625%, 4.250%, 4.800%, 5.000%	
MATURITY DATE:	5/1/2046	
RESERVE FUND DEFINITION	MAXIMUM ANNUAL DEBT SERVICE	
RESERVE FUND REQUIREMENT	$464,000	
RESERVE FUND BALANCE	$464,019	
BONDS OUTSTANDING-4/1/16	$7,285,000	
LESS: MAY 1, 2017 (MANDATORY)	($120,000)	
LESS: MAY 1, 2018 (MANDATORY)	($125,000)	
LESS: MAY 1, 2019 (MANDATORY)	($130,000)	
LESS: MAY 1, 2020 (MANDATORY)	($135,000)	
LESS: MAY 1, 2021(MANDATORY)	($1400, 00)	
CURRENT BONDS OUTSTANDING	$6,635,000	

6

Tapestry
Community Development District Special Assessment Receipts Series 2016
Fiscal Year 2021
Net	$203,312.45	$464,046.22	$667,358.67
Gross	$216,289.84	$494,982.63	$711,272.47
TOTAL ASSESSMENT LEVY	n	ASSESSED THROUGH COUNTY
	30.41%	69.59%	100.00%	
DATE	DESCRIPTION	GROSSAMT	COMMISSIONS	DISC PENALTY	INTEREST	NET RECEIPTS	O&MPortton	DSFPortlon	Total	

11/06/20	ACH	
$3,895.49	
$77.94	
($173.11)	
$0.00	
$3,644.44	
$1,108.23	
$2,536.21	
$3,644.44	
11/20/20	ACH	$45,853.11	$917.02	($1,797.57)	$0.00	$43,138.52	$13,117.93	$30,020.59	$43,138.52	
12/10/20	ACH	$596,416.91	$11,928.37	($23,380.38)	$0.00	$561,108.16	$170,626.59	$390,481.57	$561,108.16	
12/10/20	ACH	$703.44	$14.06	($10.33)	$0.00	$679.05	$206.49	$472.56	$679.05	
12/22/20	ACH	$21,535.03	$430.68	($740.11)	$0.00	$20,364.24	$6,192.53	$14,171.71	$20,364.24	
01/08/21	ACH	$1,469.90	$29.40	($43.21)	$0.00	$1,397.29	$424.90	$972.39	$1,397.29	
01/08/21	ACH	$6,299.12	$126.00	($185.19)	$0.00	$5,987.93	$1,820.86	$4,167.07	$5,987.93	
02/08/21	ACH	$186.55	$3.73	$0.00	$0.00	$182.82	$55.59	$127.23	$182.82	
02/08/21	ACH	$10,035.63	$200.70	($201.02)	$0.00	$9,633.91	$2,929.56	$6,704.35	$9,633.91	
03/08/21	ACH	$7,544.78	$150.89	($83.26)	$0.00	$7,310.63	$2,223.08	$5,087.55	$7,310.63	
04/12/21	ACH	$1,656.44	$33.13	$0.00	$0.00	$1,623.31	$493.63	$1,129.68	$1,623.31	
04/12/21	ACH	$7,031.98	$140.65	($8.62)	$0.00	$6,882.71	$2,092.95	$4,789.76	$6,882.71	
05/11/21	ACH	$4,102.65	$82.06	$99.09	$0.00	$4,119.68	$1,252.75	$2,866.93	$4,119.68	
06/08/21	ACH	$439.63	$8.79	$12.92	$0.00	$443.76	$134.94	$308.82	$443.76	
06/25/21	ACH	$4,101.81	$82.04	$120.61	$0.00	$4,140.38	$1,259.04	$2,881.34	$4,140.38	
 	TOTAL	 $ 711  ,272.47	$14,225.46	($26,390.18)	 	$0.00		$670,656.83  11   	$203,939.07	$466,717.76       $6701656.83

100%	Gross Percent Collected
 	_$_0.00	Balance Remalnln11 to Collect 

7