VillaMar
Community Development District Agenda
January 16, 2019

A GENDA

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

January 9, 2019

Board of Supervisors VillaMar
Community Development District

Dear Board Members:

The regular meeting of the Board of Supervisors of VillaMar Community Development District will be held Wednesday, January 16, 2019 at 11:30 AM at 346 E Central Ave., Winter Haven, Florida 33880. Following is the advance agenda for the meeting:

Landowners' Meeting

Determination of Number of Voting Units Represented
Call to Order
Election of Chairman for the Purpose of Conducting the Landowners' Meeting
Nominations for the Position of Supervisor
Casting of Ballots
Ballot Tabulation
Landowner's Questions and Comments
Adjournment

Board of Supervisors Meeting

Roll Call
Public Comment Period (1Speakers will fill out a card and submit it to the District Manager prior to the beginning of the meeting)
Organizational Matters
Administration of Oaths of Office to Newly Elected Board Members
Consideration of Resolution 2019-27 Canvassing and Certifying the Results of the Landowners' Election
Election of Officers
Consideration of Resolution 2019-28 Electing Officers
Approval of Minutes of the December 5, 2018 Meeting
Consideration of Resolution 2019-29 Amending Resolution 2019-26 Re-Setting the Public Hearing on Special Assessments
Public Hearings
Public Hearing on Adoption of District Rules of Procedure
Consideration of Resolution 2019-30 Adopting Rules of Procedure
Public Hearing on the District's Use of the Uniform Method of Levying, Collection, &
Enforcement of Non Ad-Valorem Assessments
Consideration of Resolution 2019-31 Expressing the District's Intent to Utilize the Uniform Method of Collection

1 Comments will be limited to three (3) minutes

Ranking of Proposals for District Engineering Services and Selection of District Engineer
Staff Reports
Attorney
Engineer
District Manager's Report
Other Business
Supervisors Requests and Audience Comments
Adjournment

Immediately prior to the Board of Supervisors meeting will be a Landowners' meeting of the VillaMar COD.

The second order of business is the Public Comment Period where the public has an opportunity to be heard on propositions coming before the Board as reflected on the agenda, and any other items. Speakers must fill out a Request to Speak form and submit it to the District Manager prior to the beginning of the meeting.

The third order of business is Organizational Matters. Section A is the administration of the Oaths of Office to the newly elected Board Members. There is no back-up material. Section B is the consideration of Resolution 2019-27 canvassing and certifying the results of the landowners' election. A copy of the resolution is enclosed for your review. Section C is the election of officers and Section Dis the consideration of Resolution 2019-28 electing officers. A copy of the resolution is enclosed for your review.

The fourth order of business is the approval of the minutes of the December 5, 2018 meeting. A copy of the minutes are enclosed for your review.

The fifth order of business is the consideration of Resolution 2019-29 amending Resolution 2019-26 re­ setting the public hearing on special assessments. A copy of the resolution is enclosed for your review.

The sixth order of business opens the Public Hearings . Section A is the public hearing to adopt the District's Rules of procedure. Sub-Section 1 is the consideration of Resolution 2019-30 adopting rules of procedure. A copy of the rules are enclosed for your review. Section B is the public hearing on the District's use of the Uniform Method of Levying, Collection & Enforcement of non Ad-Valroem assessments. Sub-Section 1 is the consideration of Resolution 2019-31 expressing the District's intent to utilize the uniform method of collection. A copy of the Resolution is enclosed for your review.

The seventh order of business is the ranking of proposals for District engineering services and the selection of a District Engineer. A copy of the proposals are enclosed for your review .

The eighth order of business is staff reports. Any staff reports will be discussed at this time.

The balance of the agenda will be discussed at the meeting. In the meantime, if you should have any questions, please do not hesitate to contact me.

Sincerely,

Jill Burns District Manager

CC:	Roy Van Wyk, District Counsel Enclosures

INSTRUCTIONS RELATING TO LANDOWNERS' MEETING OF VILLMAR COMMUNITY DEVELOPMENT DISTRICT
FOR THE ELECTION OF SUPERVISORS DATE OF LANDOWNERS' MEETING: Wednesday,January 16, 2019 TIME: 11:30 A.M.
LOCATION:

Pursuant to Chapter 190, Florida Statutes, and after a Community Development District ("District") has been established and the landowners have held their initial election, there shall be a subsequent landowners' meeting for the purpose of electing members of the Board of Supervisors ("Board") every tvvo years until the District qualifies to have its board members elected by the qualified electors of the District. The following instructions on how all landowners may participate in the election are intended to comply with Section l 90.006(2)(b), Florida Statutes.

A landowner may vote in person at the landowners' meeting, or the landowner may nominate a proxy holder to vote at the meeting in place of the landowner. Whether in person or by proxy, each landowner shall be entitled to cast one vote per acre of land owned by him or her and located within the District, for each position on the Board that is open for election for the upcoming term. A fraction of an acre shall be treated as one (1) acre, entitling the landowner to one vote with respect thereto. Please note that a particular parcel of real property is entitled to only one vote for each eligible acre of land or fraction thereof; therefore, tvvo or more people who own real property in common, that is one acre or less, are together entitled to only one vote for that real property.

At the landowners' meeting, the first step is to elect a chair for the meeting, who may be any person present at the meeting. The landowners shall also elect a secretary for the meeting who may be any person present at the meeting. The secretary shall be responsible for the minutes of the meeting. The chair shall conduct the nominations and the voting. If the chair is a landowner or proxy holder of a landowner, he or she may nominate candidates and make and second motions. Candidates must be nominated and then shall be elected by a vote of the landowners. Nominees may be elected only to a position on the Board that is open for election for the upcoming term.

Five (5) seats on the Board will be up for election by landowners. The two candidates receiving the highest number of votes shall be elected for a term of four (4) years. The three candidates receiving the next highest number of votes shall be elected for a term of two (2) years. The term of office for each successful candidate shall commence upon election.

A proxy is available upon request. To be valid, each proxy must be signed by one of the legal owners of the property for which the vote is cast and must contain the typed or printed name of the individual who signed the proxy; the street address, legal description of the property or tax parcel identification number; and the number of authorized votes. If the proxy authorizes more than one vote, each property must be listed and the number of acres of each property must be included. The signature on a proxy does not need to be notarized.

LANDOW   ER PRO
VILLAMAR		OMMUNIT	DEVELOPMENT DI TRJCT POLK   O	TY, FLORIDA
LA   DOW   ER  'MEETI  C- JA	ARY 16 2019

KNOW ALL MEN BY THE E PRE ENTS, Lhat the under igned. the fee simple owner  of  rhe  lands described herein. hereby constitutes and appoints _  _  _  _  _  _  _  _  _  _  _  _  _  _  _  _  _      (' Prox    Ho lde r")            for and on behalf of th e un ders igne d, to vote as proxy at the meeting of rhe landowne r of the VillaMar Community Development District to  be held at  the Offices of Cassidy  ll omes, 346  East Central  Ave.,  Winter  Haven.  FL 33880, on January 1 6, 2019. at  11  :3  0 a.m. and  at any adjournments  ther eof, according to  the  number of acres ofunplatted land and /or platted lots o, ned by the  undersigned  landowner  that the undersigned  would  be ent itle d to  vote if  then per  anally  presen t,  upon  any question,  proposition, or resolution  or an   other man  r or thing that  may  be considered  at said meeting including, but not li m i ted Lo. the election of members of the Board of upcrvi  ors.  Said Proxy  Holder may vote in accordance  with  hjs or her discretion  n all  matters  not  knmvn or determined  at the time of  oliciration  of thi prox y, which may legal! be con idered at aid meeting.

Any proxy heretofore given by the under  igned for   aid meet in g is hereby revoked.  Thi   prox   i   to continue  in ful I force and effect from the date hereof until the conclu ion of the landowner ' meeting and any adjournment or adjournment lh reof. but may  be  revoked  at  any  time  b)  written  notice  of  such  revocation  pre  ented  at  the landowner · meeting prior to the Prox Holder 's exercising th e voting rights conferred herein.

Printed Name of Legal Owner		
Signature of Legal Owner

Parcel Description		Date

Acreage	

Authorized Votes	

[Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel. If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.]

Total Number of Authorized Votes:

NOTES: Pursuant to Section l 90.006(2)(b), Florida Statutes (2018), a fraction of an acre is treated as one (1) acre entitling the landowner to one vote with respect thereto. Moreover, two (2) or more persons who own real property in common that is one acre or less are together entitled to only one vote for that real property.

If the fee simple landowner is not an individual, and is instead a corporation, limited liability company, limited partnership or other entity, evidence that the individual signing on behalf of the entity has the authority to do so should be attached hereto (e.g., bylaws, corporate resolution, etc.).

OFFICIAL BALLOT
VILLAMAR COMMUNITY DEVELOPMENT DISTRICT POLK COUNTY, FLORIDA
LANDOWNERS' MEETING - JANUARY 16, 2019

For Election (S Supervisors): The two (2) candidates receiving the highest number of votes will each receive a four
year term, and the three (3) candidates receiving the next highest number of votes will each receive a two (2) year term, with the term of office for the successful candidates commencing upon election.

The undersigned certifies that he/she/it is the fee simple owner of land, or the proxy holder for the fee simple owner of land, located within the VillaMar Community Development District and described as follows:

Description	Acreage

[Insert above the street address of each parcel, the legal description of each parcel, or the tax identification number of each parcel.] [If more space is needed, identification of parcels owned may be incorporated by reference to an attachment hereto.]

or

Attach Proxy.
I,	_.,

as Landowner, or as the proxy holder of

_  _  _  _  _  _  _  _  _  _  _  _  _  _  _  _  _  _  _  _	(Landowner) pursuant to the Landowner' s Proxy attached hereto, do cast my votes as follows:

NAME OF CANDIDATE	NUMBER OF VOTES

1. -   -   -   -   -   -   -   -   -   -   -   -   -   -   -
2. -   -   -   -   -   -   -   -   -   -   -   -   -   -   -
3. - - - - - - - - - - - - - - -
4. - - - - - - - - - - - - - -  -
5. - - - - - - - - - - - - - - -

Date: _  _  _  _  _  _  _  _  _  _  _  _  _  _	Signed: _ _ _ _ _ _ _ _ _ _ _ _ _

Printed Name: _ _ _ _ _ _ _ _ _ _ _

S E-CTION 1 1 1

S	ECTION 8

RESOLUTION 2019-27

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAMAR COMMUNITY DEVELOPMENT DISTRICT CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, the VillaMar Community Development District (hereinafter the "District") is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely with the City of Winter Haven, Florida; and

WHEREAS, pursuant to Section 190.006(2), Florida Statutes, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of the District for the purpose of electing supervisors of the District; and

WHEREAS, such landowners meeting was held on January 16, 2019, the Minutes of which are attached hereto as Exhibit A, and at which the below recited persons were duly elected by virtue of the votes cast in his/her favor; and

WHEREAS, the Board of Supervisors of the District, by means of this Resolution, desire to canvas the votes and declare and certify the results of said election.

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

Section 1. The following persons are found, certified, and declared to have been duly elected as Supervisor of and for the District, having been elected by the votes cast in their favor as shown:

Seat 1	Votes  	

Seat 2	Votes  	
Seat 3	Votes  	

Seat 4	Votes  	
Seat 5	Votes  	

Section 2. In accordance with Section 190.006(2), Florida Statutes, and by virtue of the number of votes cast for the Supervisor, the above-named person is declared to have been elected for the following term of office:

4 Year Term

4 Year Term
2 Year Term
2 Year Term

2 Year Term

Section 3. This resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 16th DAY OF JANUARY, 2019.

Attest:

VILLAMAR COMMUNITY DEVELOPMENT DISTRICT

Chairperson
Secretary/Assistant Secretary

S ECTION D

RESOLUTION 2019-28

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

WHEREAS, the VillaMar 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 VILLAMAR COMMUNITY DEVELOPMENT DISTRICT:

Section 1.

Section 2.

_ _ _ _ _ _ _ _ _ _ is elected Chairperson.

_ _ _ _ _ _ _ _ _ _ is elected Vice-Chairperson.

Section 3.

-	-	-	-	-	-	-	-	-	-

is elected Secretary.

Section 4.

Section 5.

Section 6.

Section 7.

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

_	_	_	_	_	_	_	_	_	
_	_	_	_	_	_	_	_	_	
-	-	-	-	-	-	-	-	-	
-	-	-	-	-	-	-	-	-	

_ is elected Assistant Secretary.
_ is elected Assistant Secretary.

is elected Treasurer.
is elected Assistant Treasurer.
This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED this 16th day of January, 2019.

ATTEST:	VILLAMAR COMMUNITY
DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson/Vice-Chairperson

M INUTES

MINUTES OF MEETING VILLAMAR
COMMUNITY DEVELOPMENT DISTRICT

The Organizational Meeting of the Board of Supervisors of the VillaMar Community Development District was held on Wednesday, December 5, 2018 at 10:15 a.m. at 346 E Central Ave, Winter Haven, Florida.

Present and constituting a quorum were:

Rennie Heath Lauren Schwenk Phillip Allende

Chairman Vice Chairman
Assistant Secretary

Also, present were:

Jill Burns Sarah Sandy Bob Gang Dennis Wood RoyVanWyk

District Manager District Counsel
Bond Counsel by phone Interim District Engineer
Hopping, Green & Sams by phone

The following is a summary of the discussions and actions taken at the December 5, 2018 VillaMar Community Development District's Organizational Meeting.

FIRST ORDER OF BUSINESS
Call to Order

Introduction

Ms. Burns called the meeting to order and noted that a quorum was established.

Public Comment Period
(Speakers will fill out a card and submit it to the District Manager prior to beginning of the meeting)
Ms. Bums stated that there were no members of the public present.

Oath of Office
Ms. Bums stated that she handed the Board Members a new member packet containing the Oath of Office, a Form 1 financial statement, and a W9. Ms. Bums recited the Oath of Office

December 5, 2018	VillaMar CDD

and swore in Lauren Schwenk, Rennie Heath, and Phillip Allende. The remaining two Supervisors will be sworn in at the next meeting.

SECOND ORDER OF BUSINESS	Organizational Matters
Confirmation of Notice of Meeting
Ms. Burns noted that the proof of meeting notice was included in the package.

Information	on  Community	Development	Districts	and   Public	Official Responsibilities and Florida Statues Chapter 190
Ms. Sandy explained the Sunshine Law and the Public Records Requirements. Ms. Bums also explained that no communication about items that will come before the Board is allowed.

Election of Officers
Resolution 2019-01 Appointing Officers
Ms. Burns asked for nominations for the Board. Ms. Schwenk nominated Mr. Heath as Chairman and Ms. Schwenk was nominated as the Vice Chairman. The remaining three Board Members were named as Assistant Secretaries. Ms. Burns will be named Secretary and George Flint with GMS will be named as Assistant Secretary.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-01 Appointing Rennie Heath as Chairman, Lauren Schwenk as Vice Chairman, and Phillip Allende, Andrew Rhinehart, Joel Adams, and George Flint as Assistant Secretaries, and Jill Burns as Secretary, was approved.

Resolution 2019-2 Appointing Treasurer and Assistant Treasurer
Ms. Burns stated that Ariel Lovera and Jill Burns of GMS would be named as Treasurer and Assista,nt Treasurer.

On MOTION by Mr. Heath, seconded by Mr. Alexander, with all in favor, Resolution 2019-02 Appointing Treasurer and Assistant Treasurer, was approved.

THIRD ORDER OF BUSINESS	Retention of District Staff

Consideration of Resolution 2019-03 Appointing a District Manager

2

December 5, 2018	VillaMar CDD

Ms. Burns noted this is the same agreement the Board has seen at previous Districts and the fees are the same. Mr. Heath asked if it was the same fee structure and Ms. Burns answered yes, nothing had changed.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-03 Appointing a District Manager, was approved.

Consideration of Appointment District Counsel

Resolution 2019-04 Appointing District Counsel

Ms. Burns stated that attached to the resolution was the fee agreement from Hopping Green and Sams. Ms. Sandy offered to answer any questions the Board had.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-04 Appointing District Counsel, was approved.

Consideration of Resolution 2019-05 Selection of Registered Agent and Office

Ms. Burns stated that this resolution would name Roy, of Sarah's office, as the registered agent and the office as the Hopping Green and Sams office.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, Resolution 2019-05 Appointing a Registered Agent and Office, was approved.

Consideration of Resolution 2019-06 Appointing Interim District Engineer

Ms. Burns stated that a fee schedule was included in the agenda package. Ms. Burns stated that this resolution would appoint Dennis Wood Engineering as the interim District Engineer.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, Resolution 2019-06 Appointing an Interim District Engineer, was approved.

3

December 5, 2018	VillaMar CDD

Consideration of Interim District Engineering Services Agreement

Ms. Burns stated that the Interim Engineer Services Agreement was also included in the agenda package.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the Interim District Engineering Agreement, was approved.

Request Authorization to Issue RFQ for Engineering Services

Ms. Bums stated that the District is subject to procurement laws, which requires the District to use an RFQ to select a District Engineer. Ms. Bums directed the Board to review the last page containing the evaluation criteria. The RFQ is due January 7th at 12:00.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, the Request Authorization to Issue RFQ for Engineering Services, was approved.

FOURTH ORDER OF BUSINESS	Designation	of   Meetings	and Hearing
Dates
Consideration of Resolution 2019-07 Designation of Regular Monthly Meeting Date, Time and Location for Fiscal Year 2019
Ms. Burns suggested the second Wednesday of each month at 3:15 p.m. might be a good time, and that was in between the Highland Meadows II and Highland Meadows West meetings.

On MOTION by Mr. Heath, seconded by Ms. Schwenk, with all in favor, Resolution 2019-07 Designating the Second Wednesday of the month at 3:15 p.m. for the monthly meeting, was approved.

Consideration of Resolution 2019-08 Designation of Landowner's Meeting Date, Time and Location
Ms. Burns suggested setting the meeting for January 16th at 3:15 p.m.

On MOTION by Ms. Schwenk, seconded by Mr. Heath, with all in favor, Resolution 2019-08 Designating January 16. 2019 at 3:15
p.m. at this location as the Landowner's Meeting Date and Time, was approved.

4

December 5, 2018	VillaMar CDD

Designation of Date of Public Hearing to Adopt Rules of Procedure in Accordance with Section 120.54, Florida Statutes
Consideration of Resolution 2019-09 Setting a Public Hearing to Consider the Proposed Rules of the District
Ms. Burns suggested setting the date as January 16th at 3:15 p.m.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the Designation of January 16, 2019 at 3:15 p.m. at this location, as the Date of Public Hearing to Adopt Rules  of Procedure in Accordance with Section 120.54, Florida  Statutes, was approved.

Designation of Dates of Public Hearing on the Budget for Fiscal Year 2019

Consideration of Resolution 2019-10 Setting the Public Hearing and Approving the Proposed Fiscal Year 2019 Budget
Ms. Burns noted the total budget amount is $91,248 and it will be developer funded and paid out as they occur. Ms. Bums suggested the date of February 13th at 3:15 for the public hearing. Mr. Heath asked who prepared the budget, and Ms. Burns answered that GMS prepared the budget and it was all administrative. She noted they did not anticipate any landscaping or maintenance items going on between now and October.

On MOTION by Ms. Schwenk, seconded by Mr. Heath, with all in favor, Resolution 2019-10 Setting the Public Hearing for February 13, 2019 at 3:15 p.m. at this location, and Approving the Proposed Fiscal Year 2019 Budget, was approved.

Approval of the Fiscal Year 2018/2019 Developer Funding Agreement

Ms. Burns stated that the funding agreement can be revised, at the public hearing it will be officially adopted. Ms. Burns asked the Board for questions about the funding agreement.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the Fiscal Year 2018/2019 Developer Funding Agreement, was approved.

5

December 5, 2018	VillaMar CDD

Resolution 2019-11 Setting Date of Public Hearing Expressing the District's Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non-Ad-Valorem Assessments in Accordance with Section 197.3632, Florida Statutes
Ms. Bums noted that they would send this resolution to the County and it will allow them to use the tax roll to collect District Assessments. Ms. Bums suggested the public hearing be held on January 16th at 3:15.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, Resolution 2019-11 Setting the date of the Public Hearing for January 16, 2019 at 3:15 p.m. at this location, Expressing the District's Intent to Utilitize the Uniform Method of Levying, Collecting and Enforcing Non-Ad-Valorem Assessments in Accordance with Section 197.3632 Florida Statutes, was approved.

FIFTH ORDER OF BUSINESS	Other Organizational Matters
Resolution 2019-12 Designating a Qualified Public Depository
Ms. Bums stated that OMS generally uses SunTrust. Ms. Bums told the Board that they would be happy to use anyone else if they had a preference.

On MOTION by Mr. Allende, seconded by Ms. Schwenk, with all in favor, Resolution 2019-12 Designating SunTrust as a Qualified Public Depository, was approved.

Resolution 2019-13 Authorization of Bank Account Signatories
Ms. Bums requested that herself and George Flint should be filled into the blanks authorizing them to sign checks.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-13 Authorizing Ms. Bums and Mr. Flint of OMS as Bank Account Signatories, was approved.

Consideration of Resolution 2019-14 Relating to Defense of Board Members
Ms. Burns noted that this resolution evidences the District's intent to provide legal defense to Board Members and staff.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-14 Relating to Defense of Board Members, was approved.

6

December 5, 20 I 8	VillaMar CDD

Consideration of Resolution 2019-15 Ratifying the Recording of the Notice of Establishment in the Public Records of Osceola County in accordance with Chapter 190.0485, Florida Statutes
Ms. Bums stated that this resolution must be approved within 30 days of establishment.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, Resolution 2019-15 Authorizing District Counsel to Record the Property Records of Polk County the "Notice of Establishment" in accordance with Chapter 190.0485, Florida Statutes, was approved.

Consideration of Resolution 2019-16 Adopting Investment Guidelines
Ms. Bums explained that this resolution outlines conservative investment requirements for the District that directs how the District's excess funds can be invested.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-16 Adopting Investment Guidelines, was approved.

Consideration of Resolution 2019-17 Authorizing the Execution of Public Depositor Report
Ms. Bums stated that this resolution allows the District Manager or Treasurer to execute the Depositor Report and send it to the Treasurer of the state of Florida.

On MOTION by Mr. Allende, seconded by Mr. Heath, with all in favor, Resolution 2019-17 Authorizing Execution of Public Depositor Report, was approved.

Consideration of Resolution 2019-18 Designating a Policy for Public Comment
Ms. Bums stated that this resolution is required by Florida Statute that outlines the procedures on how members of the public are able to comment at our meeting. Ms. Bums explained that there will be public comment at the beginning and at the end of the meetings, and the resolution outlines how the Board can deal with public decorum issues that might come up during meetings.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-18 Designating a Policy for Public Comment, was approved.

7

December 5, 2018	VillaMar CDD

Consideration of Resolution 2019-19 Adopting a Travel and Reimbursement Policy
Ms. Bums stated that this resolution establishes standard travel reimbursement rates, procedures, and limitations to public officers and employees who are traveling and paid for by the District.

On MOTION by Mr. Heath, seconded by Ms. Schwenk, with all in favor, Resolution 2019-19 Adopting a Travel and Reimbursement Policy, was approved.

Consideration of Resolution 2019-20 Adopting a Prompt Payment Policy
Ms. Burns noted Florida Statutes require timely payment to vendors and contractors to provide goods to the District. The policy is attached as Exhibit A and outlines those policies.

On MOTION by Mr. Heath seconded by Mr. Allende, with all in favor, Resolution 2019-20 Adopting a Prompt Payment  Policy, was approved.

Consideration of Resolution 2019-21 Adopting a Records Retention Policy
Ms. Bums addressed two memos that outlined option A and option B. Ms. Burns explained that option A allows the District to timely destroy records as outlined with State and Federal laws and explained that option B did not allow the District to destroy any records. Ms. Bums stated staff recommendation is option A and explained that after 5 years they destroy records.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-21 Adopting Records Retention Policy Option A, was approved.

Consideration of Compensation to Board Members
Ms. Bums explained that the Florida Statutes allow payment of up to $200 per meeting for Board Members if they choose to receive compensation. All three Board members present accepted compensation.

Resolution 2019-22 Selecting District Records Office Within Polk County
Ms. Bums suggested the office 346 East Central Ave. Ms. Schwenk designated Phillip Allende as a point person to coordinate with Jill Burns for storing records.

8

December 5, 2018	VillaMar CDD

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, Resolution 2019-22 Selecting 346 East Central Ave., Winter Haven, Florida 33880 as the District Records Office Within Polk County, was approved.

Resolution 2019-22 Designation the Primary Administrative Office and Principal Headquarters of the District
Ms. Burns explained that the District's primary administrative office would be the GMS office in Orlando at the address 135 West Central Boulevard, Suite 320, Orlando, FL 32801. Ms. Bums stated that the principal headquarters for establishing the venue needs to be located within Polk County, she suggested the address 346 East Central Ave., Winter Haven, FL 33880.

On MOTION by Mr. Allende, seconded by Mr. Heath, with all in favor, Resolution 2019-23 Designating the Primary Administrative Office at 135 West Central Boulevard, Suite 320, Orlando, Fl 32801, and the Principal Headquarters of the District at 346 East Central Ave., Winter Haven, FL 33880 was approved.

Consideration of Website Services Agreement
Ms. Bums noted the price had changed from $1,500 to $2,000 for the one-time fee.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the Website Services Agreement, was approved.

0.	Authorization to Prepare Public Facilities Report in Accordance with Chapter
189.08 Florida Statutes to Coincide with Special District Filing Date of August 1st for Polk County
Ms. Burns noted that there was no backup for this item.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, the Authorization to Prepare Public Facilities Report in Accordance with Chapter 189.08 Florida Statutes to Coincide with Special District Filing Date of August I st for Polk County, was approved.

SIXTH ORDER OF BUSINESS
Appointing of Finance Team
Bond Counsel

Capital Improvements

9

December 5, 2018	VillaMar CDD

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the Bond Counsel Agreement with Greenberg Traurig, P.A. was approved.

Ms. Burns noted that under tab 1 was an agreement from Bond Counsel Greenberg Traurig.

Investment Banker
Ms. Bums noted under tab 2 was the agreement for Underwriting Services and the G17 disclosure from FMSbonds.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, the Investment Banker Agreement with FMSbonds, Inc. was approved.

Assessment Administrator
Ms. Bums noted tab 3 appoints GMS as the Assessment Administrator that was previously approved in the management agreement they have.

On MOTION by Ms. Schwenk, seconded by Mr. Heath with all in favor, the Assessment Administrator Agreement with GMS was approved.

Trustee
Ms. Bums noted under tab 4 is the agreement from US Bank, provided by Stacey Johnson for them to serve as Trustee.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the Trustee Agreement with US Bank was approved.

Approval of Financing Team Funding Agreement
Ms. Bums noted the previous entity Paint Creek, LLC was listed and would be changed to Highland Cassidy, LLC. Ms. Bums explained this agreement states the developer will provide funds to the District to enable them to commence the financing program and make all money necessary to allow the District to move forward in issuing bonds.

On MOTION by Mr. Heath, seconded by Mr. Alexander, with all in favor, the Bond Financing Team Funding Agreement was approved.

10

December 5, 2018	VillaMar CDD

SEVENTH ORDER OF BUSINESS	Financing Matters
Consideration of Engineer's Report
Ms. Bums stated that the Engineer's Report was circulated and suggested that the Board approve the report in substantial form in case revisions were necessary. Ms. Schwenk and Mr. Wood discussed a question regarding Cherry Blossom on Exhibit 1. Mr. Wood clarified the map is correct. Mr. Wood went through the improvement in the Engineer's Report as well as the costs. Mr. Wood noted there are three phases consisting of 642 lots total. Phase 1 is 206 lots with a price of $5,833,625. Phase 2 is 234 lots with a price of $6,262,000. Phase 3 is 202 lots with a cost of $5,132,000. The total price for all 642 lots is $17,227,625. Ms. Sandy noted that is for offsite improvements, stormwater management, utilities, roadways, entry feature and signage, and park and recreational facilities contingency. Mr. Wood clarified that was correct.
Ms. Sandy asked Mr. Wood a series of questions based on his professional experience:
Are the costs reasonable and proper? Mr. Wood answered yes.
Do you have any reason to believe the project cannot be carried out by the District?
Mr. Wood answered no.
Discussion between Mr. Wyk and Mr. Wood ensued regarding phase 3. Mr. Wood noted that Exhibit 7 would be revised to reallocate the costs for offsite improvements to all 3 phases. Ms. Burns noted a revised exhibit will be sent out.
Mr. Wood, who was attending the meeting via phone, left the meeting.

On MOTION by Ms. Schwenk, seconded by Mr. Alexander, with all in favor the Engineer's Report was approved, in substantial form.

Consideration of Assessment Methodology
Ms. Bums stated this Assessment Methodology Report contemplates the cost of the capital improvement plan outlined in the Engineer's Report of $17,227,625. They would need a total amount of bonds of $22,250,000 to finance those. Ms. Burns summarized the tables in the assessment methodology for the Board.
Ms. Sandy asked Ms. Bums a series of questions based on her professional opinion;
Do the lands that will be subject to the assessments receive a special benefit from
the project? Ms. Burns answered yes.
Are the special assessments reasonably apportioned? Ms. Bums answered yes.

11

December 5, 2018	VillaMar CDD

Are the special benefits to the lands equal to or in excess of the special assessments that they will receive? Ms. Bums answered yes.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the Assessment Methodology, was approved.

Consideration of Resolution 2019-24 Authorizing the Issuance of Bonds and Authorizing the Commencement of Validation Proceedings
Mr. Gang went over Resolution 2019-24 with the Board. The Board did not have any questions for Mr. Gang.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-24 Authorizing the Issuance of Bonds and Authorizing the Commencement of Validation Proceedings, was approved.

Consideration of Resolution 2019-25 Declaring Special Assessments and Approval of Assessment Methodology
Ms. Bums noted the Board had already reviewed both items in Resolution 2019-25. Ms. Sandy noted this resolution evidences the District's intent to begin the assessment levy process.

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, Resolution 2019-25 Declaring Special Assessments and Approval of Assessment Methodology, was approved.

Consideration of Resolution 2019-26 Setting the Public Hearing for Special Assessments
Ms. Bums suggested the public hearing date of January 16th at 3:15 at the Board's current location.

On MOTION by Ms. Schwenk, seconded by Mr. Allende, with all in favor, Resolution 2019-26 Setting the Public Hearing for Special Assessments on January 16, 2019 at 3:15 p.m. at this location, was approved.

EIGHTH ORDER OF BUSINESS
Staff Reports
Attorney

Other Business

Ms. Sandy stated she had nothing additional for the Board.

12

December 5, 2018	VillaMar CDD

Manager
The next item followed.

Interim Engineer
The next item followed.

Supervisors Requests
Mr. Heath noted that his address had changed and the people living at his old address received mail addressed to him. He gave Ms. Bums his new address.

Approval of Funding Request No. 1
Ms. Burns noted the funding requested totaled $20,000 allowing them to open the account, place all the ads that were approved prior in the meeting, and start issuing checks. Ms. Bums and Ms. Schwenk agreed to send the funding to Sheila directly.

On MOTION by Ms. Schwenk, seconded by Mr. Heath, with all in favor, Funding Request No. 1 for $20,000, was approved.

NINTH ORDER OF BUSINESS	Adjournment

On MOTION by Mr. Heath, seconded by Mr. Allende, with all in favor, the meeting was adjourned.

SecretaryI Assistant Secretary	Chairman/Vice Chairman

13

S	ECTION V

RESOLUTION 2019-29

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAMAR COMMUNITY DEVELOPMENT DISTRICT AMENDING RESOLUTION 2019-26 TO RE-SET THE DATE, TIME AND LOCATION OF THE PUBLIC HEARING ORIGINALLY SCHEDULED TO BE HELD ON JANUARY 16, 2019, AND NOW TO BE HELD ON FEBRUARY 6, 2019 AT 9:15 AM AT THE OFFICES OF 346 EAST CENTRAL AVENUE, WINTER HAVEN, FL 33880, FOR THE PURPOSE OF HEARING PUBLIC COMMENT ON IMPOSING A SPECIAL ASSESSMENT ON CERTAIN PROPERTY WITHIN THE DISTRICT GENERALLY DESCRIBED AS THE VILLAMAR COMMUNITY	DEVELOPMENT	DISTRICT	IN ACCORDANCE WITH CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; RATIFYING THE ACTION OF THE DISTRICT MANAGER TO PROVIDE NOTICE THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of Supervisors of the VillaMar Community Development District, ("Board") has adopted Resolution 2019-29 entitled,

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAMAR. COMMUNITY DEVELOPMENT DISTRICT DECLARING SPECIAL ASSESSMENTS; INDICATING THE LOCATION, NATURE AND ESTIMATED COST OF THOSE INFRASTRUCTURE IMPROVEMENTS WHOSE COST IS TO BE DEFRAYEO BY THE SPECIAL ASSESSMENTS; PROVIDING THE PORTION OF THE ESTIMATED COST OF THE IMPROVEMENTS TO BE DEFRAYEO BY THE SPECIAL ASSESSMENTS; PROVIDING THE MANNER IN WIDCH SUCH SPECIAL ASSESSMENTS SHALL BE MADE; PROVIDING WHEN SUCH SPECIAL ASSESSMENTS SHALL BE PAID; DESIGNATING LANDS UPON WHICH THE SPECIAL ASSESSMENTS SHALL BE LEVIED; PROVIDING FOR AN ASSESSMENT PLAT; ADOPTING A PRELIMINARY ASSESSMENT ROLL; PROVIDING FOR PUBLICATION OF THIS RESOLUTION.; and

WHEREAS, in accordance with Resolution 2019-25 a preliminary assessment roll has been prepared and all other conditions precedent set forth in Chapters 170 and 190, Florida Statutes, to the holding of the aforementioned public hearing have been satisfied, and the roll and related documents are available for public inspection at the offices of the District Manager, 135 West Central Boulevard, Suite 320, Orlando, Florida 32801 (the "District Office") and 346 East Central Avenue, Winter Haven, Florida 33880 ( the "Local District Records Location"); and

WHEREAS, the Board previously adopted Resolution 2019-26 which scheduled the public hearing on such special assessments for January 16, 2019 and provided for notice of the public hearing to be mailed and published as required by Florida law; and

WHEREAS, the Board of Supervisors opened the public hearing on such date and continued it to a subsequent meeting date; and	·

WHEREAS, upon direction from the chairman and concurrence from District staff, the public hearing was rescheduled to February 6, 2019 at 9:15 AM, and the District Manager has caused the notice of the public hearing, with the new date, time and location, to be mailed and published in a newspaper of general circulation in Clay County consistent with the requirements of Chapters 170, 190 and 197 of the Florida Statutes; and

WHEREAS, the Board now desires to ratify the District Manager's action in resetting the public hearing.

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

SECTION 1. PUBLIC HEARING DATE RESET. The District Manager's action in resetting the public hearing is ratified. Resolution 2019-26 is hereby amended to reflect that the public hearing as declared in Resolution 2019-29 is reset to:

February 6, 2019 at 9:15 AM at
346 East Central Avenue, Winter Haven, FL 33880.

SECTION 2. RESOLUTION 2019-26 OTHERWISE REMAINS IN FULL FORCE
AND EFFECT. Except as otherwise provided herein, all of the provisions of Resolution 2019-26 continue in full force and effect.

SECTION 3. SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this Resolution, or any part thereof.

SECTION 4. EFFECTIVE DATE. Th is Resolution shall take effect upon its passage and adoption by the Board of Supervisors of the VillaMar Community Development District.

PASSED AND ADOPTED this 16th day of January, 2019.

ATTEST:	VILLAMAR COMMUNITY
DEVELOPMENT DISTRICT

Secretary

By:_  _  _  _  _  _  _  _  _  _  _  _

Its:- - - - - - - - - - - -

SECTION VI

S ECTION A

S ECTION 1-

RESOLUTION 2019-30

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

WHEREAS, the VillaMar Community Development District (the "District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the City of Winter Haven, 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 Board of Supervisors  finds that it is in the best interests of the District to adopt by resolution the Rules of Procedure attached hereto as 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 VILLAMAR COMMUNITY DEVELOPMENT DISTRICT:

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

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 16th day of January, 2019.

ATTEST:	VILLAMAR
COMMUNITY DEVELOPMENT DISTRICT

Secretary	Chairman, Board of Supervisors

Exhibit A:	Rules of Procedure

Exhibit A
Rules of Procedure

RULES OF PROCEDURE
VILLAMAR COMMUNITY DEVELOPMENT DISTRICT TABLE OF CONTENTS

1.0	General .......................................................................................................................	2
1.1	Board of Supervisors; Officers and Voting ...................................................	3
1.2	District Offices; Public Information and Inspection of Records; Policies;
Service Contract Requirements......................................................................	7
1.3	Public Meetings, Hearings, and Workshops ..................................................

2.0
3.0

Rulemaking Proceedings ...........................................................................................	15
Competitive Purchase ................................................................................................	21

3.1	Procedure Under The Consultants'  Competitive Negotiation Act................	26
3.2	Procedure Regarding Auditor Selection ........................................................	30
3.3	Purchase of Insurance....................................................................................	34
3.4	Pre-qualification.............................................................................................	36
3.5	Construction Contracts, Not Design-Build....................................................	39
3.6	Construction Contracts, Design-Build...........................................................	43
3.7	Payment and Performance Bonds. .................................................................	48
3.8	Goods, Supplies, and Materials.....................................................................	49
3.9	Maintenance Services....................................................................................	53
3.10	Contractual Services ......................................................................................	56
3.11	Protests with Respect to Proceedings under Rules 3.1, 3.2, 3.3, 3.4,
3.5, 3.6, 3.8, and 3.9.......................................................................................	57
4.0	Effective Date ............................................................................................................	60

Rule  1.0	General.

The VillaMar 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.

Rule 1.1

(1)

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 by resident electors must be citizens of the United States of America, residents of the State of Florida and of the District, registered to vote with the Supervisor of Elections of the county in which the District is located, and qualified. The  Board  shall exercise the powers granted to the District under Florida law.

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

Three (3) members of the Board shall constitute a quorum for the purposes of conducting business, exercising powers and all other  purposes.  A Board member shall be counted toward the quorum 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 (l)(c) of this Rule.

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

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District's behalf. The Chairperson shall convene and conduct all meetings of the Board. In the event the Chairperson is unable to attend a meeting, the Vice-Chairperson shall convene and conduct the 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 the amount of one million dollars ($1,000,000) that names the District as an additional insured.

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

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

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

Voting Conflict oflnterest. The Board shall comply with Section I12.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a  voting  conflict exists when a Board member is called upon to vote on an item which would inure to the Board member's special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

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.

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

Rule 1.2

(1)

District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements.

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

Agenda packages for prior twenty four (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 law;

Adopted engineer's reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

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

District policies and rules;

G)	Fiscal year end audits; and

(k)	Adopted budget for the current fiscal year.

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

Public Records. District public records include all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received in connection with the transaction of official business of the District. All District public records  not  otherwise restricted by law may be copied or inspected at the District Manager's office during regular business hours. Certain District records can also be inspected and copied at the District's local records office during regular business hours. All written public records requests shall be directed to the Secretary who by these rules is appointed as the District's records custodian. Regardless  of the form of the request, any Board member or staff member who receives a public records request shall immediately forward or communicate such request to the Secretary for coordination of a prompt response. The Secretary, after consulting with District Counsel as to the applicability of any exceptions under the public records

laws, shall be responsible for responding to the public records request. At no time can the District be required to create records or summaries of records, or prepare opinions regarding District policies, in response to a public records request.

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

Fees: Copies. Copies of public records shall be made available to the requesting person at a charge of $0.15 per page for one-sided copies and $0.20 per page for two-sided copies if not more than 8 ½ by 14 inches. For copies of public records  in excess of the sizes listed in this section and for outside duplication services, the charge shall be equal to the actual cost of reproduction. Certified copies of public records shall be made available at a charge of one dollar ($1.00) per page. If the nature or volume of records requested requires extensive use of information technology resources or extensive clerical or supervisory assistance, the District may charge, in addition to the duplication charge, a special service charge that is based on the cost the District incurs to produce the records requested. This charge may include, but is not limited to, the cost of information technology resource, employee labor, and fees charged to the District by consultants employed in fulfilling the request. In cases where the special service charge is based in whole or in part on the costs incurred by the District due to employee labor, consultant fees, or other forms of labor, those portions of the charge shall be calculated based on the lowest labor cost of an individual who is qualified to perform  the labor. For purposes of this Rule, the word "extensive" shall mean that it will take more than fifteen (15) minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in the section shall apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request. payment of the estimated cost  is  required  in  advance.  After  the request has been fulfilled, additional paymems or credits may be due .

Records Retention. he ecretary of the District  hall be re ponsibl e for reta ining the Di trict's record in accordance with applicable Florida law.

(6	Policies.	he B ard ma ad pt policies related to the conduct of it  bu  ine  s and the provi ion of service either by resolution or motion.

pccilic  ·  uthori t) •:	190 .0 11(5), 190.011( 15), Fla. tat. Law I mp le mented  :  §§1 .19.0701,  190.006. 119.07, Fla. Stat.

Rule 1.3

(1)

Public Meetings, Hearings, and Workshops.

Notice. Except in emergencies, or as otherwise required by statute or these Rules, at least seven (7) days, but no more than thirty (30) days public notice shall be given of any public meeting, hearing or workshop of the Board.  Public notice shall be given by publication in a newspaper of 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 twenty five percent (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 language: "Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (407) 382-3256.  If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7- 1-1, or 1-800-955-8771 (TTY) I 1-800-955-8770 (Voice), who can aid you in contacting the District Office."

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

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

Mistake. In the event that a meeting is held under the incorrect assumption that notice required by law and these Rules has been given, the Board at its next

properly noticed meeting shall cure such defect by considering the agenda items from the prior meeting individually and anew.

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

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

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

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

Special Requests. Persons wishing to receive, by mail, notices or agendas of meetings, may so advise the District Manager or Secretary at the District Office. 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, may convene an emergency meeting of the Board without first having complied with sections (1) and (3) of this Rule, to act on emergency matters that may affect the public health, safety, or welfare. Whenever possible, the District Manager shall make reasonable efforts to provide public notice and notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. Notice of the emergency meeting must be provided both before and after the meeting on the District's website, if it has one. Whenever an emergency meeting is called, the

District Manager shall be responsible for notifying at least one newspaper of general circulation in the District. After an emergency meeting, the Board shall publish in a newspaper of general circulation in the District, the time, date and place of the emergency meeting, the reasons why an emergency meeting was necessary and a description of the action taken. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

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

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

Public Hearings. Notice of required public hearings shall contain the information required by applicable Florida law and by these Rules applicable to meeting notices and shall be mailed and published as required by Florida law. The District Manager shall ensure that all such notices, whether mailed or published, contain the information required by Florida law and these Rules and are mailed and published as required by Florida law. Public hearings may be held during Board meetings when the agenda includes such public hearing.

Participation by TeleconferenceNideoconference. District  staff  may  participate in Board meetings by teleconference or videoconference. Board members may also participate in Board meetings by teleconference or videoconference if in the good judgment 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.

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

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.

Attorney-Client Sessions. An Attorney-Client Session is permitted when the District's attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District's attorneys  must  request such session at a public meeting. Prior to holding  the  Attorney-Client Session, the District must give reasonable public notice of the time and date of the session and the names of the persons anticipated to attend the session. The session must commence at an open meeting in which the Chairperson or Vice-Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session. The discussion during the session is confined to settlement negotiations or strategy related to litigation expenses or as may be authorized by law. Only the Board, the District's attorneys (including outside counsel), the District Manager, and the court reporter may attend an Attorney-Client Session. During the session, no votes may  be  taken and no final decisions concerning settlement can be made. Upon the conclusion of the session, the public meeting is reopened and the Chairperson or Vice-Chairperson must announce that the session has concluded. The  session must be transcribed by a court-reporter and the transcript of the session filed with the District Secretary within a reasonable time after the session. The transcript shall not be available for public inspection until after the conclusion of the litigation.

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§190.006, 190.007, 190.008, 286.0105, 286.011, 286.0114, Fla. Stat.

Rule 2.0

(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(1)(g) and 120.54(2)(b) of the Florida Statutes.

Notice of Proceedin!!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 120.541(2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within twenty­ one (21) days after publication of the notice. The notice shall additionally include a statement that any affected person may request a public hearing 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 of notice.

The notice shall be mailed to all persons named in the proposed rule and to all persons who, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its rulemaking proceedings. Any person may file a written request with the District Manager to receive notice by mail of District proceedings to  adopt, amend, or repeal a rule. Such persons must furnish a mailing address and may be required to pay the cost of copying and mailing. Notice will then  be mailed to all persons whom, at least fourteen (14) days prior to such mailing, have made requests of the District for advance notice of its proceedings.

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

Petitions to Initiate Rulemaking. All Petitions to Initiate Rulemaking proceedings must contain the name, address, and telephone number of the petitioner, the specific action . requested,the specific reason for adoption, amendment, or repeal, the date submitted, the text of the proposed rule, and the facts showing that the petitioner is regulated by the District, or has substantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hotd 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.

Rulem aking 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.

Hearin!!. 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.

Negotiated Rulemaking. The District may use negotiated rulemaking in developing and adopting rules pursuant to Section 120.54(2)(d) of the Florida Statutes, except that any notices required under Section 120.54(2)(d) of the Florida Statutes, may be published in a newspaper of general circulation in the county in which the District is located.

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

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 Challenge Existing Rules.

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

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

The petition shall be filed with the District. Within ten (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 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.

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 sixty (60) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. The District's statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

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

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

Rule 3.0

(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 one million dollars ($1,000,000), for a study activity when the fee for  such Professional Services to the District does not exceed fifty thousand dollars ($50,000), or for work of a specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

"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.

"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 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.

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

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

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

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

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

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

"Request for Proposals" or "RFP" is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and requiring the manual signature of an authorized representative. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, qualifications, proposal instructions, work detail analysis, and evaluation criteria as necessary.

"Responsive and Responsible Bidder" means an entity or individual that has submitted a bid that conforms in all material respects to the Invitation to Bid and has the capability in all respects to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. "Responsive and Responsible Vendor" means an entity or individual that has submitted a proposal, reply, or response that conforms in all material respects to the Request for Proposals, Invitation to Negotiate, or Competitive Solicitation and has the capability in all respects

to fully perform the contract requirements and the integrity and reliability that will assure good faith performance. In determining whether an entity or individual is a Responsive and Responsible Bidder (or Vendor), the District may consider, in addition to factors described in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation, the following:

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

The past performance 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 1s a certified minority business enterprise.

"Responsive Bid," "Responsive Proposal," "Responsive Reply," and "Responsive Response" all mean a bid, proposal, reply, or response which conforms in all material respects to the specifications and conditions in the Invitation to Bid, Request for Proposals, Invitations to Negotiate, or Competitive Solicitation document and these 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 finn submitting it fails to meet any material requirement r lating to the qua lificat io ns . financial tability. or licensing of the bidder.

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

Rule 3.1

(1)

(2)

Procedure Under The 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
287.017 of the Florida Statutes, for CATEGORY FIVE, or for a planning study activity when the fee for Professional Services is estimated by the District to exceed the threshold amount provided in Section 287.017 for CATEGORY TWO, as such categories may be amended or adjusted from time to time.

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

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

Hold all required applicable state professional licenses in good standing;

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

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

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

Public Announcement. Except in cases of valid  public emergencies  as certified by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply for consideration.  The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate. The notice must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. Consultants who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail. The Board has the right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.

Competi tive Selection.

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

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

Whether a consultant is a certified minority business enterprise;

Each consultant's past performance;

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

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

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

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

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

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

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 Negotiation.

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

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

c)   Should  the  District  be unable Lo  negotiate a sati factory  agreement  with   the Cinn determined lo be the most qualified at a price deemed b tbe District to be fair competitive. and reasonable. then nego t iat io n, " th that firm shall  be  terminated  and  the  District  hall  immediately  begin negottatton with the  s  cond  mo  t  qualified  firm.  If  a  atisfactory agreement with the econd  firm  cannot  be  reached.  tho  e  negotiations hall be terminated and negotiations with  the  third  mo  t  qualified  firm hall be w1dertaken.

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

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.

Emergencv 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), 190.0ll(l5), Fla. Stat.
Law Implemented: §§I 19.0701, 190.011(3), 190.033, 287.055, Fla. Stat.

Rule 3.2	Procedure Regarding Auditor Selection.

In order to comply with the requirements of Section 218.391 of the Florida Statutes, the following procedures are outlined for selection of firms or individuals to provide  Auditing Services and for the negotiation of such contracts.

Definitions.

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

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

Establishment of Audit Committee. Prior to a public announcement under section
(4) of this Rule that Auditing Services are required, the Board shall establish an audit selection committee ("Committee"), the primary purpose of which is to  assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee should include at least three individuals, some or all of whom may also serve as members of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board.

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

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

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

Hold all required applicable state professional licenses in good standing;

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

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

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

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

Ability of personnel;

Experience;

Understanding of scope of work;

Ability to furnish the required services; and

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

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

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description 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.

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

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

Board Selection of Auditor.

Where compensation was not selected as a factor used in evaluating the proposals, the Board shall negotiate with the firm ranked first and inquire of that firm as to the basis of compensation. If the Board is unable to negotiate a satisfactory agreement with the first ranked firm at a price deemed by the Board to be fair, competitive, and reasonable, then negotiations with that firm shall be terminated and the Board shall immediately begin negotiations with the second ranked firm. If a satisfactory agreement with the second ranked firm cannot be reached, those negotiations shall be terminated and negotiations with the third ranked 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.

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

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

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

Contract. Any agreement reached under this Rule shall be evidenced by a written contract, which may take the form of an engagement letter signed and executed by 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 July 1 of the fiscal year that follows the fiscal year for which the audit is being conducted;

A prov1s10n specifying the contract period, including renewals and conditions under which the contract may be terminated or renewed. No contract shall continue, or allow the contract to be renewed, for a period of more than three years from the date of its execution. A renewal may be done without the use of the auditor selection procedures provided in this Rule, but must be in writing.

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

Notice of Award. Once a negotiated agreement with a firm or individual is reached, or the Board authorizes the execution of an agreement with a firm where compensation was a factor in the evaluation of proposals, notice of the intent to award, including the rejection of some or all proposals, shall be provided in writing to all proposers by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of  the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests regarding the award of contracts under this Rule shall be as provided for in Rule 3.11. No proposer shall be entitled to recover any costs of proposal preparation or submittal from the District.

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

Rule 3.3

(1)

(2)

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. Persons who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail.

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

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

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

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

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, by hand delivery, or by overnight delivery service. The notice shall include the

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

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

Rule 3.4

(1)

(2)

Pre-qualification

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

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

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

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

The District may maintain lists of persons interested in receiving  notices of Requests for Qualifications. The District shall make a good faith effort to provide written notice, by electronic mail, United States Mail, hand delivery, or facsimile, to persons who provide their 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  responses in response to the applicable Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation.

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

Hold the required applicable state professional licenses in good standing;

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

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

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

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

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

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

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

G) Notice of intent to pre-qualify, including rejection of some or  all qualifications, shall be provided in writing to all vendors by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District's pre-qualification decisions under this Rule shall be in accordance with the procedures set forth in Rule 3.11; provided however, protests related to the pre-qualification criteria and procedures

for construction services shall be resolved in accordance with section (2)(b) of this Rule and Section 255.20(1)(b) of the Florida Statutes.

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

Rule 3.5

(1)

(2)

Construction Contracts, Not Design-Build.

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 contract award.

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

Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

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

Hold the required applicable state professional licenses in good standing;

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

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

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

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

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

Bids, proposals, replies, and responses, or the portions of which that include the price, shall be publicly opened at a meeting noticed in accordance with Rule 1.3, and at which at least one district representative is present. The name of each bidder and the price submitted  in the bid shall be announced at such meeting, and shall be made available upon request. Minutes should be taken at the meeting and maintained by the District. Bids, proposals, replies, and responses shall be evaluated in accordance with the respective Invitation to Bid, Request for Proposals, 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.

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

Sole Source: Government. Construction services that are only available from a single source are exempt from this Rule. Construction services provided by governmental agencies are exempt from this Rule. This Rule shall not  apply to the purchase of construction services, which may include goods, supplies, or materials, that are purchased under a federal, state, or local government contract

that has been competitively procured by such federal,  state, or local government in a manner consistent with the material procurement requirements of these Rules. A contract for construction services is exempt from this  Rule if state or federal law prescribes with whom the District must contract or if the rate of payment is established during the appropriation process.

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

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

Exceptions. This Rule is inapplicable when:

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

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

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

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

Specific Authority: §§190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§119.0701, 189.053, 190.033 , 255.0518, 255.0525, 255.20, 287.055, Fla. Stat.
Rule 3.6	Construction Contracts, Design-Build.

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

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

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 of receipt of the proposals:

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

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

Hold a current and active 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 such as safety, tax withholding, worker's compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

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

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

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

If less than three (3) proposals are received, the District  may purchase design-build services or may reject the proposals for lack of competitiveness. If no proposals are received, the District may take whatever steps reasonably necessary in order to proceed with the procurement of design-build services, which steps may include a direct purchase of the design-build services without further competitive selection processes.

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

The Board shall negotiate a contract with the firm ranking the highest based on the evaluation standards and shall establish a price which the Board determines is fair, competitive and reasonable. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Failing  accord with the second most qualified firm, the Board must terminate negotiations. The Board shall then undertake negotiations with the third most qualified firm. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

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.

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

Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified Design-Build Firm available at the time. The fact that an  Emergency  Purchase has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

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

The funding source of the project will be diminished or lost because the time required to competitively award the project after the funds become available exceeds the time within which the 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
286.011 of the Florida Statutes, and finds by a majority vote of the Board that it is in the public's best interest to perform the project using its own services, employees, and equipment.

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

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)    Discretiona1   Bond.  At the discretion of the Board, upon entering into a contract for any of the services described in section (1) of this Rule for an amount not exceeding $200,000, the contractor may be exempted from executing a payment and performance bond.

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

Rule 3.8

(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 the required applicable state professional licenses m 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.

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 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,11    or wording to that effect. Protests of the District's purchase of goods, supplies, and materials imder this Rule shall be in accordance with the procedures set forth in Rule 3.11.

(k) If less than three (3) bids, proposals, replies, or responses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received,  the District may take whatever steps reasonably necessary in order to proceed with the procurement of goods, supplies, and materials, which steps may include a direct purchase of the goods, supplies, and materials without further competitive selection processes.

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

Exemption. Goods, supplies, and materials that are only available from a single source are exempt from this Rule. Goods, supplies, and materials provided by governmental agencies are exempt from this Rule. A contract for goods, supplies, or materials is exempt from this Rule if state or federal law prescribes with whom

the District must contract or if the rate of payment is established during the appropriation process. This Rule shall not apply to the purchase of goods,  supplies or materials that are purchased under a federal, state, or local government contract that has been competitively procured by such federal, state, or local government in a manner consistent with the material procurement requirements of these Rules.

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

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

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

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
287.017 of the Florida Statutes, for CATEGORY FOUR. A contract involving goods, supplies, and materials plus maintenance services may, in the discretion of the Board, be treated as a contract for maintenance services. However, a purchase shall not be divided solely in order to avoid the threshold bidding requirements.

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

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

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

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

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 the required applicable state professional licenses m 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.

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

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

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

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

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

Specific Authority: §§190.011(5), 190.011(15), 190.033, Fla. Stat. Law Implemented: §§119.0701, 190.033, 287.0l7, Fla. Stat.

Rule 3.10

(1)

(2)

Contractual Senrices.

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.

Rule 3.11	Protests With Respect To Proceedings under Rules 3.1, 3.2, 3.3,
3.4, 3.5, 3.6, 3.8, and 3.9.

The resolution of any protests with respect to proceedings under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, and 3.9 shall be in accordance with this Rule.

Filing.

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

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

If disclosed in the District's competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.8, or 3.9, the Board may require any person who files a notice of protest to post  a protest bond in the amount equal to 1% of the anticipated contract amount that is the subject of the protest. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District's costs, expenses, and attorney's fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the

parties, the protest bond shall be distributed as agreed to by the District and protestor.

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

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

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

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

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.

Rejection of all Qualificatio,ns Bids. Proposals, Replies and Responses after
Receipt of Notice of Protest. If the Board determines there was a violation of law, defect or an irregularity in the competitive solicitation process, or if the Board determines it is otherwise in the District's best interest, the Board may reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew. If the Board decides to reject all qualifications, bids, proposals, replies, and responses and start the competitive solicitation process anew, any pending protests shall automatically terminate.

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.

Rule 4.0	Effective Date.

These Rules shall be effective  _  _  _  _  _  _  ,  2019,  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 8

S ECTION 1-

RESOLUTION 2019-31

RESOLUTION OF THE BOARD OF SUPERVISORS OF THE VILLAMAR COMMUNITY DEVELOPMENT DISTRICT EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING, AND ENFORCING NON AD VALOREM ASSESSMENTS WHICH MAY BE LEVIED BY THE VILLAMAR COMMUNITY DEVELOPMENT DISTRICT IN ACCORDANCE WITH SECTION 197.3632, FLORIDA STATUTES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the VillaMar Community Development District ("District") was established pursuant to the provisions of Chapter 190, Florida Statutes, which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the District to levy special assessments pursuant to Chapter 170 and 197, Florida Statutes, for the acquisition, maintenance, construction, or reconstruction of assessable improvements authorized by Chapter 190, Florida Statutes; and

WHEREAS, the above referenced assessments are non-ad valorem in nature and, therefore, may be levied and collected under the provisions of Section 197.3632, Florida Statutes, in which the State of Florida has provided a uniform method for the levying, collecting, and enforcing such non-ad valorem assessments (the "Uniform Method"); and

WHEREAS, the Board has previously adopted Resolution 2019-11 declaring the intent to use the Uniform Method for the levy, collection and enforcement of non-ad valorem special assessments authorized by Section 197.3632, Florida Statutes, over certain lands within the District as described therein; and

WHEREAS, pursuant to Section 197.3632, Florida Statutes, the District has caused notice of a public hearing on the District's intent to use the Uniform Method to be advertised weekly in  a newspaper of general circulation within Polk County for four (4) consecutive weeks prior to such hearing; and

WHEREAS, the District has held a public hearing pursuant to Section 197.3632, Florida Statutes, where public and landowners were allowed to give testimony regarding the use of the Uniform Method; and

WHEREAS, the District desires to use the Uniform Method for the levy, collection and enforcement of non-ad valorem special assessments authorized by Section 197.3632, Florida Statutes, for special assessments, including benefit and maintenance assessments, over all the lands in the District as further described in Exhibit A.

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

SECTION 1. The VillaMar Community Development District upon conducting its public hearing as required by Section 197.3632, Florida Statutes, hereby expresses its need and intent to use the Uniform Method of collecting assessments imposed by the District over the lands described in Exhibit A, as provided in Chapters 170 and 190, Florida Statutes, each of which are non-ad valorem assessments which may be collected annually pursuant to the provisions of Chapter 190, Florida Statutes, for the purpose of paying principal and interest on any and all of its indebtedness and for the purpose of paying the cost of operating and maintaining its assessable improvements. The legal description of the boundaries of the real property subject to a levy of assessments is attached and made a part of this Resolution as Exhibit A. The non-ad valorem assessments and the District's use of the uniform method of collecting its non-ad valorem assessment(s) may continue in any given year when the Board of Supervisors determines that use of the uniform method for that year is in the best interests of the District.

SECTION 2. The District's Secretary is authorized to provide the Property Appraiser and Tax Collector of Polk County and the Department of Revenue of the State of Florida with a copy of this Resolution and enter into any agreements with the Property Appraiser and/or Tax Collector necessary to carry out the provisions of this Resolution.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 16th day of January, 2019.

ATTEST:		VILLAMAR COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A:	Legal Description of VillaMar Community Development District

2

EXHIBIT A
LEGAL DESCRIPTION OF VILLAMAR

VILLAMAR
COMMUNITY  DEVELOPMENT DISTRICT

PARCEL 1 (Z6Z922-000000-012010). Pan:el 2 12 629	-0320101. Pa"'°I 3 C262923-400000-031010 ) TltAT PART OF SECTIONS 22 ANO 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, POLK COUNTY, FLORIDA, BEIN G MORE PARTICULARLY DESCRIBED AS FOLLOWS:
fill!!AT THE SOUTHEAST CORNER Of THE NORTHWEST K Of THE NORTHWEST" OF SAIDSECTION 23; THENCE N-00'44'39"•W, ALONG THE WEST BOUNDARY THEREOF, A DtSTANCE OF 662.14 FEET TO THE NCRT!i BOUNDARY OF THE SOUTH )I Of THE NORTHEAST Ji: OF THE NORTHWEST K OF SAID SECTION 23; THENCE N-B9.32'SS" -E, ALONG THE NORTH BOUNDARY THEREOF A DISTANCE OF 1307.27 FEET TO
THE WEST LINE OF THE EAST 15 .00 FEET OF SAID SOUTH II Of THE NORTHEAST K OF THE NORTHWESTl!; TliENCE S-00'4S'IM " •E, ALONG SAID WEST LINE, A DISTANCE OF 664.06FEET TO rueSOUTH LINE OF
THE NORTHEAST I' Of THE NORTHWEST )I. OF SAID SECTION 23; THENCE s-89"3757' -W, ALONG SAID SOUTH LINE A DISTANCE OF 4.00 FEET TO THE NORTHWEST CORNER OF "SUNDANCE RANCH ESTATES' AS RECORDED IN PLAT BOOK 77, PAGE 28 OF THE PUBUCRECORDS OF POlK COUNTY, FLORIDA; THENCE S-00"08'5 9"•W, ALONG THE WEST BOUNDARY DF SAID "SUNDANCE RANCH ESTATES', 678.40 FEET TO THE NORTH BOUNDARY OF LOT 13 OF SAID, "SUNDANCE RANOI ESTATES'; THENCE
S-l!9' 54'l l "•W, ALONG THE NORTH BOUNDARY OF SAID "SUNDANCE RANCH ESTATES" AND THE NORTH BOUNOAKY OF "SUNDANCE RANCH ESTAU5 PHASE TWO" AS HECORDEO IN PLA' I SOOK 80, PAGE 47, A DISTANCE OF 130 5.26 FEET; THENC£ CONTINUE WESTERLY ALONG THE NORTH BOUNDARY OF SAID 'SUNDANCE RANCH ESTATES PHASE lWO" THE FOU.OWING FOUR (4) COURSES, 1) S-30'21'23"-W, 129.09 FEET; THENCE 2) S-00' 03'19"-E, 596.81 FEET; THENCE 3) S-89'50'21"•W, 1447.79 FEET; THENCE
4) S-53'01'S3"-W, 163.42 FEET TO THE EAST RIGHT-OF-WAY LINE OF THE CSll TRANSPORTATION RAILROAD; THENCE N· 36"58'07-"W, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 1688.64 FEET
TO THE W6r LINE Of THE SOUTHEAST OF THE NORTHEAST K OF THE AFOREMENTIONED SECTION 22;
THENCE N-00"35'04"-W, ALONG SAID WEST LINE 135.17 FEET TO THE NORTHWESTCOIINER OF THE SOUTHEAST X OF THE NORT!iEAST JI OF SAID SECTION 22; THENCE S-89"38'05"-E, ALONG THE NORTH LINE THEREOF, A DISTANCE OF l 33B.5S FET TO THE WEST BOUNDARY OF TtlE AFOREMENTIONED SECTION 23 ; THENCE N•89"41'51"·E, ALONG THE NORTH LINEOF THE SOUTHWEST II Of THE NORTHWEST ll Of SAID SECTION 23, A DISTANcr OF 1325.08 FEET TO THE POINT OF BEGINNING.
CONTAINING 110 .13 ACRES, MORE OR LESS.

THAT PORTION OFlHE 60,00-fOOT-WIDEPLATTED RIGHT-OF-WAY FOR CHERRY BLOSSOM LANE AS SHOWN ON THE MAP OR PLAT OF "SUNDANCE RANCH ESTATES" M RECORDED IN PLAT BOOK 77, PAGE 28, PUBLIC RECORDS OF POLK COUNTY, FLORIDA. DESCRIBED />S;

-
Qennls

BEGIN AT THE NORTHEAST CORNER OF THE SOUTH K OF THE NORTHWEST K OF SECTION 23, TOWNSHIP 29SOUTH, RANGE 26 EAST, POLK COUNTY, FLORIDA. AND RUN THENCE ALONG THE NORTHERLY
RIGHT-Of-WAY THEREOF N-89'43'21"-E,41.0DfEETTO THE NORTHEAST CORNER TliER ECF; THENCE ALONG THE EASTERLY RIGHT·OF-WAYTHEREOFs-oo·os·12·-e, 60.48 FEET; THENCE DEPARTING SAID EASTERLY RIGHT-OF-WAY 5·89"23'59"-W, 60.00 FEET TO A POINTON THE WESTERLY RIGHT-OF-WAY OF SAID CHERRY BLOSSOM LANE; THENCE ALONG SAID WESTERLY RIGHT-CF-Wo\Y N-oo"OS'l 2"·W, 61.01 FEET TO THE NORTHWEST CORNER lMEREOF; THENCE ALONG THE NORTHERLY RIGHT-OF-WAYTHEREOF
S-89'40'31"-E, 19 .00 FEET TO THE POINT OF BEGINNING.

CONTAINING 3,641SQUARE FEET, MORE OR LESS.

=

OfACE: 11131 9<0·-

-
PAGE 1 OF 2 -

Wood	-' '
.... Engineering
-	u.c

1,4•    it63) 940-l&l<
116)) '6l-GOII

J9Z5 flARTOW ROAD
LAKELAND,  FL 33101

EXHIBIT 2 VILLAMAR CDD

OEIINIS WOOD, PROFE5510HAL ENGINEER
EMAIL: dennlswoodenglneerlng@gma ll .com

LEGAL DESCRIPTION

Exhibit A Continued

PARCEL 4 12§2923-000000-41303G)
THAT PART OF SECTION 23, TOWNSHIP 29 SOUTH, II.ANGE 26 EAST, POLK COUNTY, FlORIOA, BEING MORE PARTICUIAJILY DESCRIBED AS FOLLOWS:
BEGIN AT THE NORTHWEST CORNER OF THE SOUTH )I OF THE NORTHWEST X OF THE NORTHEAST l4 OF SAIDSECTION 23; THENCE N-119'33'25',E, ALONG THE NORTH LINE OF SAID 50UTH II A DISTANCE OF 1321.03 FEET TO THE NORTHEAST CORNER OF SAID SOUTH II; THENCE s.-00'35'32' .£, ALON6 THE EAST LINE THEREOF A DISTANCE OF 636.67 FEET TO THE NORTH RIGKT-OF.WAY OF CUNNINGHAM ROAD; THENCE S-89"40'I1"-W, ALONG SAID NORTH RIGHT·OF·WAY, A DISTAIICE OF 1319.27 FEET; THENCE
N-00'45'04'•W,634.0B FEET TOTHE POINT OFBEGINNING. CONTAINING 19.26 ACRES, MORE OR LESS.

THE EAST 15.00 FEET OFTHE SOUTH ,S OF THE NORTHEAST X OF THE NORTHWEST Iii OF SECTION 23, TOWNSHIP 29 SOUTH, RANGE 26 EAST, POLK COUNTY, FlORIDA.

CONTAINING 0.23 ACllES, MORE OR LESS.

PARCEL 5 l2629Z3--000000-41 3060I
THE SO\JTHERLY 30.00 FEET THEREOF FOR ROAD RIGHT OF WAY OF !HESOUTH K Of THE NORTHWEST JI OF THE
NORTHEAST J( OF SAID SECTION 23, TOWNSHIP 29 SOUTH, RANGE 26EAST, POLK COUNTY, FlORIDA.

THE NORTHERLY 30.00FEET THEREOF FOR ROAO RIGHT OF WAY OF THAT PART OF THE SOUTHWEST X OF THE NORTHEAST K OF SECTION 23, TOWNSHIP 29 SOUTH, II.ANGE 26 EAST, POLK COUtlTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS,

COMMENCE AT THE NORTH£AST CORNER OFTHE SAID SOUTHWEST JG OF THE NORTHEAST" FOR A POINT Of BEGINNING; N	ALONG THE EAST BOUNDARY LINE Of SOUTHWEST" Of THE NORIHEASl KS- 00'36'01" .f, A OISTANCE OF
632.69 FEET; THENCE RUNS· 89"23'59'· W, A DISTANCE OF 604.86 FEIT; Tl!ENCE RUN S-00'36'01'-E, A DISTANCE OF
270.00 FEET; THENCE RUN 5-89'54'14•-W, A DISTANCE OF 68S.00 FEET;THENCE RUN N-00'05'46'-W, A DISTANCE OF
901.57 FEET TO A POINT ON THE NORTH BOUNDARY LINE OF SAID SOUTHWEST" OF NORTHEAST"; THENCE RUN ALONG SAID BOUNDARY LINE NORTH 119'36'57"-E, A DISTANCE OF 1281.91FEETTOT!iE SAID POINT OF BEGINNING,

CONTAINING 1.79 ACRES, MORE OR LESS.

PARCEL 6 (262923-000000-0140101
THAT PART OF SECTION 23, TOWNSHIP 29 50UTH, II.ANGE 26 EAST, POLK COUNTY, FLORIDA, BEING MORE PARTICULARLY OESCRJBEOAS FOLLOWS:
BEGIN AT THE NORTHEAST CORNER OFLOT 1, "SUNDANCE RANCH ESTATES" AS RECORDED IN PLAT BOOK 77, PAGE2B OF THEPUBUC RECORDS OF POLK COUNTY, FLORIDA; THENCE WESTERLY ALONG THE NORTHERLY BOUNOIIRYTHEREOF Tl!E FOUOWING THREE (3) COURSES: 1) S-89'22'39"-W, 604.74 FEET; THENCE 2) S-00"35'59"·£, 269.89 FEET;THENCE 3)
5-B9'50'55'•W, 684.91 FEET TO THE EASTERLY RIGHT-OF ·WAY OF CHERRY 81.0SSOM LANE ASDEPICTED ON THE
AFOREMENTIONED PLAT OF
"SUNDANC AANCH ESTATES"; THENCE N·D0'05'S7''•E, ALONG SAID EAST RIGHT-OF-WAY, A DISTANCE OF 870.30 FEET TO THE SOUTH RIGHT-<lF•WAY OF CUNNINGHAM ROAD; THENCE N-89"40'1I'..£, ALONG SAID SOUTH RJGt-tT-OF-WAY A DISTANCE OF 1278.58 FEET; THENCE S-00'38'34"•E, S99.45FEET TO THE POINT OF BEGINNING.
CONTAINING 21.93 ACllES, MORE OR I.ESS.
-	CDD    TOTAL ACREAGE 153,65 +/•	PAGE 2 OF 2
ona:1m1940,2000
D_ ennls    T"	.	,..,  11111 "'  "''

Wood

cru: 1K11 w.«i11

EXHIBIT 2

-	Engineering  19z, BAITTOW •o"°
-	LAKELAND.  FL 33801
DENNIS WOOO, l'ROHS510NAL •-•ER
EMAIL: dennlswoodengineering@gmall.com

VILLAMAR CDD
LEGAL DESCRIPTION

S ECTION Vl·I

-	&

'

rt&?	\VVA QIr	Q D
ASSOCIATES
 		.)	---- Engineering, LLC

December 20, 2018

Jill Burns
Governmental Management Services Central Florida, LLC
135 West Central Boulevard, Suite 320
Orlando, Florida 32801

Re: RFQ for Engineering Services Villamar CDD

Dear Ms. Burns:

This letter is in response for the Request for Qualifications (RFQ) for engineering services for Villamar Community Development District. Wood & Associates Engineering, LLC (Formerly Dennis Wood . Engineering, LLC) would like to offer our services to the District. The following addresses the key points in the RFQ advertisement.

Wood & Associates Engineering, LLC holds applicable federal, state, and local licenses to practice engineering in the State of Florida.
Wood & Associates Engineering, LLC is authorized to do business in the State of Florida in accordance with Florida Law.
Standard form No. 330 has been completed and is attached which addresses qualifications and past experience. As requested there are (8) copies.

Wood Engineering & Associates, LLC (formerly Dennis Wood Engineering, LLC) has planned, designed, and permitted many projects in the City of Davenport, City of Haines City, City of Winter Haven, and Polk County in the area of the Villamar Community Development District. As the Principal Engineer for Dennis Wood Engineering, I have worked closely with the Villamar Community Development District in its organization, and presently serve as the Interim District Engineer.

Wood & Associates Engineering, LLC (formerly Dennis Wood Engineering, LLC) has completed or we are completing the planning, design, permitting, and coordinating platting for the following single-family subdivisions that are part or will be part of a Community Development District.

Highland Meadows Phase 2A
Highland Meadows Phase 2B
Highland Meadows Phase 3
Highland Meadows Phase 4A

Highland Meadows Phase 4B/4C
Highland Meadows Phase 5

(863) 940-2040 - 1925 Bartow Road, Suite 100, Lakeland, FL 33801

Highland Meadows Phase 6
Citrus Isles
North Boulevard Estates Phase 1
North Boulevard Estates Phase 2
Orchid Grove
Villamar Phase 1
Lakeside Landings
Orchid Grove
Orchid Terrace

All these projects are located in the City of Davenport, City of Haines City, City of Winter Haven, or will be annexed into these municipalities upon completion of the platting in the County. Our continual work within the area of the Villamar Community Development District provides us with the knowledge of the local codes and contacts to successfully manage the District's engineering services.

I have worked directly as the District Engineer for the following Community Development Districts:

Highland Meadows II CDD
Holly Hill Road East COD
North Boulevard CDD
Davenport Road South COD
Highland Meadows West CDD
North Powerline Road COD
Lucerne Park Community Development District

Thank you in advance for considering Dennis Wood Engineering, LLC for the Districts' Engineering services.

Sincerely,
Dennis L. Wood, P.E.

ARCHITECT - ENGINEER QUALIFICATIONS

PART I -CONTRACT-SPECIFIC QUALIFICATIONS

CONTRACTINFORMATION

mLE AND LOCATION (City and State)
Villamar Community Development District
PUBLIC NOTICE DATE
12/14/2018

SOLICITATION OR PROJECT NUMBER

NAME AND TITLE
Dennis Wood, Civil Engineer
NAME OF FIRM
Wood & Associates Engineerin , LLC

ARCHITECT-ENGINEER POINT OF CONTACT

TELEPHONE NUMBER	7. FAX NUMBER
863-940-2040	863-940-2044

8. E-MAIL ADDRESS
dennis	oodcivil.com
PROPOSED TEAM

(Complete this section for the prime contractor and all key subcontractors.)
	(Check)	
9. FIRM NAME	
10. ADDRESS	
11. ROLE IN THIS CONTRACT	
	
UJ
:E
ci:
a.	ex:
UJ
>'IZ-
""et:	•,:I I
11l l				

a.				Wood & Associates Engineering, LLC

□CHECK IF BRANCH OFFICE	1925 Bartow Road
Lakeland, FL 33801	Civil Engineer & Planner	

b.				Northpoint Land Surveying

□CHECK IF BRANCH OFFICE	291O Winter Lake Road Lakeland, FL 33801	Surveying	

c.				Imperial Testing Laboratories, Inc.

□CHECK IF BRANCH OFFICE	3905 Kidron Road
Lakeland, FL 33811	Environmental & Geotechnical Testing	

d.				Platinum Surveying & Mapping

□CHECK IF BRANCH OFFICE

n CHECK IF BRANCH OFFICE	1925 Bartow Road Suite 101
Lakeland, FL 33801	Surveying	

e.							

f.				
□CHECK IF BRANCH OFFICE			
ORGANIZATIONAL CHART OF PROPOSED TEAM	D (Attached)
AUTHORIZED  FOR LOCAL REPRODUCTION	STANDARD FORM 330 (REV. 8/2016}

Dennis Wood
Wood & Associates Engineering, LLC Project Engineer
Planning, Design, & Construction Overview

•

•

...

Al McGhin
Imperial Testing Laboratories, Inc. Soil Testing

Ken Thompson

•

Platinum Surveying & Mapping
Boundary & Topography Surveys & Platting

Patrick O'  Leary Northpoint Land Surveying
Boundary & Topography Surveys

John Bannon Engineer
Planning, Design, & Construction Overview

Steve Peterson Designer
Design, & Plans Preparation

D. ORGANIZATION CHART

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT

(Complete one Section E for each key person.)
12. NAME

Dennis Wood	13. ROLE IN THIS CONTRACT

District Civil Engineer	14. YEARS EXPERIENCE	
		a. TOTAL
35	
FIRM NAME AND LOCATION (City and State)
Wood & Associates Engineering, LLC/Dennis Wood Engineering, LLC	Lakeland, Florida

EDUCATION (Degree and Specialization)
Graduated from Polk Community College and the University of Florida with a degree in Civil Engineering (BSCE) in 1972.

CURRENT PROFESSIONAL REGISTRATION (State and Discipline)
Registered Professional Engineer in Florida License # 17646

16. OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)
See attached resume.

19. RELEVANT PROJECTS

PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)

(2) YEAR COMPLETED

Civil & Planning	Completed 2015

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE
a.

[Z]Check if project performed with current firm

126 Lot singe family subdivision. Planning, design, permitting, and construction overview for the project.

(2) YEAR COMPLETED
PROFESSIONAL SERVICES,   CONSTRUCTION(If applicable)
Civil & PlanninQ	Comoleted 2015

(3) BRIEF DESCRIPTION (Brief scope, size, cost , etc.) AND SPECIFIC ROLE

[Z) Check if project performed with current firm

(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 28 Davenport, FL

(1) TITLE AND LOCATION (City and state)
Highland Meadows Phase 2A Davenport, FL

b. 184 lot single family subdivision. Planning, design, permitting, and construction overview for the project.

c.	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 3 Davenport, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESr ONSTRUCTION (If applicable)
Civil & Planning	Completed 2016	
	(3) BRIEF DESCRIPTION  (Brief scope,  size, cost, etc.) AND SPECIFIC ROLE	[Z]Check if project performed with current firm
228 lot single family subdivision. Planning, design, permitting, and construction overview for the project.	
	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 4A Davenport, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICE,S CONSTRUCTION(If applicable)
Civil & Plannina	Completed 2016	
	(3) BRIEF DESCRIPTION  (Brief scope,  size, cost, etc.) AND SPECIFIC ROLE	[Z) Check if project performed with current firm	
d. 106 lot single family subdivision. Planning, design, permitting, and construction overview for the project.

e.	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 5 Davenport. FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design, Surveying, & Plat	Under Construction	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND  SPECIFIC ROLE	[Z) Check if project performed with current firm
281 lot single family subdivision. Planning, design, permitting, and construction overview for the project.	

I

STANDARD FORM 330 (REV. 8/2016) PAGE 2

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT

(Complete one Section E for each key person.)
12. NAME

Steve Peterson	13. ROLE IN THIS CONTRACT

Designer & Drafting	14. YEARS EXPERIENCE	
		a.TOTAL
43	
FIRM NAME AND LOCATION (City and State)
Wood & Associates Engineering, LLC	Winter Haven, Florida
EDUCATION (Degree and Specialization)	17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)
AS Degree in Civil Engineering Technology	Registered Land Surveyor Florida License# 5231

OTHER PROFESSIONAL QUALIFICATIONS (Publications , Organizations, Training, Awards, etc.)

RELEVANT PROJECTS
	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 2A Davenport, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES,    CONSTRUCTION(If applicable)
Design, Surveying, & Plat	Completed 2015
0	
	(3) BRIEF DESCRIPTION (Brief scope, size,  cost, etc.) AND SPECIFIC ROLE	Check if project performed with current firm	
a. 126 lot single family subdivision. Design and drafting for the preparation of the plans package for permitting.

	(1) TITLE AND LOCATION (City and State)
Highland Meadows 28 Davenport, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESI  CONSTRUCTION(If applicable)
Desion  Surveving & Plat	Completed 2015
0	
	(3) BRIEF DESCRIPTION  (Brief scope, siz,e   cost, etc.) AND SPECIFIC ROLE	Check if project performed with current firm	
b, 184 lot single family subdivision. Design and drafting for the preparation of the plans package for permitting.

C.	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 3 Davenport, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES ic ONSTRUCTION (If applicable)
Design, Surveying & Plat	Completed 2016	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	0 Check if project performed with current firm
228 lot single family subdivision. Design and drafting for the preparation of the plans package for permitting.	

d.	(1) TITLE AND LOCATION (City and state)
Highland Meadows Phase 4A Davenport, FL	{2} YEAR COMPLETED	
		PROFESSIONAL SERVICESI  CONSTRUCTION (If applicable)
Design, Surveying & Plat	Completed 2016
0	
	(3) BRIEF DESCRIPTION (Brief scope, si ze, cost, etc.) AND SPECIFIC ROLE	Check if project performed with current firm
106 lot single family subdivision. Design and drafting for the preparation of the plans package for permitting.	

e.	(1) TITLE AND LOCATION (City and state)

Highland Meadows Phase 5	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESI  CONSTRUCTION (If applicable)
Design,  Surveying & Plat	Under Construction	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND  SPECIFIC ROLE	0 Check if project performed with current firm
281 lot single family subdivision. Design and drafting for the preparation of the plans package for permitting.	
STANDARD FORM 330 (REV. 8/2016) PAGE 2

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT

(Complete one Section E for each key person.)
12. NAME

John Bannon	13. ROLE IN THIS CONTRACT

Civil Engineer	14. YEARS EXPERIENCE	
		a. TOTAL
13	
FIRM NAME AND LOCATION (City and state)
Wood & Associates Engineering, LLC/Dennis Wood Engineering, LLC	Lakeland, Florida

EDUCATION (Degree and Specialization)
University of Florida, Bachelor of Science Civil Engineering

CURRENT PROFESSIONAL REGISTRATION (State and Discipline)
Registered Professional Engineer in Florida License# 84128

OTHER PROFESSIONAL QUALIFICATIONS (Publications , Organizations, Training, Awards, etc.)
ASCE

RELEVANT PROJECTS

	(1) TITLE AND LOCATION (City and State)

Madison Place Townhomes	 	(2) YEAR COMPLETED	 PROFESSIONAL SERVICESI  CONSTRUCTION (If applicable)
Civil & Planning	Permitting Pending	

(3) BRIEF DESCRIPTION  (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	0 Check if project performed with current firm
346 multi-family subdivision. Planning, design, permitting, and construction overview for the project.

	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 4B/4C Davenoort, FL	 	(2) YEAR COMPLETED	 PROFESSIONAL SERVICES ic ONSTRUCTION(If applicable)
Civil & Planning	Comoleted 2015	

(3) BRIEF DESCRIPTION  (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	0	Check if project performed with current firm
199 lot single family subdivision. Planning, design, permitting, and construction overview for the project.

	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 5 Davenport, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESI  CONSTRUCTION (If applicable)
Civil & Planning	Comoleted 2016	
	(3) BRIEF DESCRIPTION (Brief scope,  size, cost, etc.) AND SPECIFIC ROLE	[ZJ Check if project performed with current firm	
281 lot single family subdivision. Planning, design, permitting, and construction overview for the project.

	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 6 &6A Davenoort, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESI  CONSTRUCTION(If applicable)
Civil & Planning	Comoleted 2016
0	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost , etc.) AND SPECIFIC ROLE	Check if project performed with current firm	
.d	128 lot single family subdivision. Planning, design, permitting, and construction overview for the project.

e.	(1) TITLE AND LOCATION (City and State)	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICESr ONSTRUCTION(If applicable)
Design, Surveying, & Plat	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND  SPECIFIC ROLE	[ZJ Check if project performed with current firm	
STANDARD FORM 330 (REV. 8/2016) PAGE 2

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME

Patrick O' Leary	13. ROLE IN THIS CONTRACT

Surveying	14. YEARS EXPERIENCE
a. TOTAL	lb.  WITH CURRENT FIRM
20	20	
FIRM NAME AND LOCATION (City and State)
Northpoint Land Surveying- Lakeland, Florida
EDUCATION (Degree and Specialization)	17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)
Registered Land Surveyor Florida License# 5130

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

19 RELEVANT PROJECTS
	{1) TITLE AND LOCATION (City and State)

Madison Place Townhomes, Davenport, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
DesiQn, Su rveying, & Plat	Permitting Pending	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	(Z]Check if project performed with current firm	
346 multi-family subdivision. Prepared boundary & topographic survey for Project.

	(1) TITLE AND LOCATION (City and State)

Lake James Phase 3, Lakeland, FL	 		(2) YEAR COMPLETED	 PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)
Desian   Survevina & Plat	Comn.1.c,ted 2017	

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	0 Check if project performed with current firm
90 lot single family subdivision. Prepared boundary & topographic survey for project.

BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE
c.

 		(2) YEAR COMPLETED	 PROFESSIONAL SERVICE rONSTRUCTION (If applicable)

(1) TITLE AND LOCATION (City and State)

Coachman Souare

(1) TITLE AND LOCATION (City and State)

Donovan Trace, Lakeland, FL

Design, Surveying, & Plat	Comoleted 2017
[Z]Check if project performed with current firm

56 lot single family subdivision. Prepared boundary & topographic survey and plat for project.

I

YEAR COMPLETED
PROFESSIONAL SERVICES CONSTRUCTION (If applicable)

0

Design, Surveying, & Plat	Comoleted 2016
BRIEF DESCRIPTION(Brief scope, size, cost,  etc.) AND SPECIFIC ROLE	Check if project performed with current firm
d. 18 lot single family subdivision. Prepared boundary & topographic survey and plat for project.

e.	(1) TITLE AND LOCATION (City and State)	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICES!  CONSTRUCTION (If applicable)	
	(3) BRIEF DESCRIPTION  (Brief scope, size, cost, etc.) AND SPECIFIC ROLE	DCheck if project performed with current firm

-	
STANDARD FORM 330 (REV. 8/2016) PAGE 2

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT

(Complete one Section E for each key person.)
12. NAME

Ken Thompson	13. ROLE IN THIS CONTRACT

Surveying	14. YEARS EXPERIENCE
a. TOTAL
43	
FIRM NAME AND LOCATION (City and State)
Platinum Surveying and Mapping - Lakeland, Florida
EDUCATION (Degree and Specialization)	17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)
Registered Land Surveyor Florida license # 4080

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

RELEVANT PROJECTS
	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 4B & 4C Davenport, Fl	(2} YEAR COMPLETED	
		PROFESSIONAL SERVICEIS CONSTRUCTION (If applicable)
Design, Surveying, & Plat	Completed 2018	
	(3} BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND  SPECIFIC ROLE	[{JCheck if project performed with current firm	
199 lot single family subdivision. Prepared boundary & topographic survey and plat for project.

	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 5 Haines City, FL	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)
D0esion, Survevina & Plat	Comoleted 2017	
	(3) BRIEF DESCRIPTION (Brief scope, size,  cost, etc.)  AND SPECIFIC ROLE	Check if project performed with current firm	
281 lot single family subdivision. Prepared boundary & topographic survey and plat for project.

c.	(1) TITLE ANO LOCATION (City and State)
Highland Meadows 6 & 6A Haines City, FL	(2} YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If  applicable)
Design, Surveying & Plat	Comoleted 2017
0	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND  SPECIFIC ROLE	Check if project performed with current firm
128 Lot single family subdivision. Prepared boundary & topographic survey and plat for project.	

d.	(1) TITLE AND LOCATION (City and State)	(2) YEAR COMPLETED	
		PROFESSIONAL SERVICEIS  CONSTRUCTION (If applicable)	
	(3) BRIEF DESCRIPTION  (Brief scope, size, cost, etc.)  AND SPECIFIC ROLE	0	Check if project performed with current firm	

e.	(1) TITLE ANO LOCATION (City and State)	(2} YEAR COMPLETED	
		PROFESSIONAL SERVICESic ONSTRUCTION(If applicable)
Design, Surveying & Plat	Under Construction	
	(3) BRIEF DESCRIPTION (Brief scope,  size, cost, etc.) ANO SPECIFIC ROLE	0	Check if project performed with current firm	
STANDARD FORM 330 (REV. 8/2016) PAGE 2

E. RESUMES OF KEY PERSONNEL PROPOSED FOR THIS CONTRACT
(Complete one Section E for each key person.)
12. NAME

Al McGhin	13. ROLE IN THIS CONTRACT

Soil Testing	14. YEARS EXPERIENCE
a. TOTAL	l b.WITH CURRENT FIRM
40	
15. FIRM NAME AND LOCATION (City and State)
Imperial Testing Laboratories, Inc. Lakeand, Fl

16. EDUCATION (Degree and Specialization)

17. CURRENT PROFESSIONAL REGISTRATION (State and Discipline)

(2) YEAR COMPLETED

PROFESSIONAL SERVICE

IS  CONSTRUCTION (If applicable)

Construction Testing	Completed 2015

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE
a.

[ZJ Check if project performed with current firm

228 lot singe family subdivision. Prepared soils report for project.

 	{2) YEAR COMPLETED	

PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)

Construction Testina	ComolAted 2016

(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE

[ZJ Check if project performed with current firm

(1) TITLE AND LOCATION (City and State)
Highland Meadows 4A Davenport,FL

{1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 3 Davenport, Fl

OTHER PROFESSIONAL QUALIFICATIONS (Publications, Organizations, Training, Awards, etc.)

RELEVANT PROJECTS

b. 106 lot single family subdivision. Prepared soils report for project.

c.	{1) TITLE AND LOCATION (City and State)

Highland Meadows Phase 4B/4C Davenport, FL	{2) YEAR COMPLETED	
		PROFESSIONAL SERVICES ic ONSTRUCTION (If applicable)
Construction Testing	Completed 2018	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE
199 lot single family subdivision. Prepared soils report.	[ZJ Check if project performed with current firm	

d.	(1) TITLE AND LOCATION (City and State)
Highland Meadows Phase 5 Haines Citv, Florida	(2) YEAR COMPLETED
PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)	
		
Construction Testing	Comoleted	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE
281 lot single family subdivision. Prepared soils report.	Check if project performed with current firm	

e.	(1) TITLE AND LOCATION (City and State)
Highland Meadows 6 & 6A Haines Citv, Fl	(2) YEAR COMPLETED
PROFESSIONAL SERVICESI CONSTRUCTION (If applicable)	
		
Construction Testing	Completed 2017	
	(3) BRIEF DESCRIPTION (Brief scope, size, cost, etc.) AND SPECIFIC ROLE
128 single family lot subdivision. Prepared soils report.	Check if project performed with current firm	
STANDARD FORM 330 (REV. 8/2016) PAGE 2

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S
QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
1	
21. TITLE AND LOCATION (City and State)

Madison Place Townhomes, Davenport, FL	 		22.  YEAR COMPLETED	         PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design, Surveying,	Permitting Pending	

PROJECT OWNER'S INFORMATION
a. PROJECT OWNER	b. POINT OF CONTACT NAME
Kalogridis East, LLC	Steve Cassidy
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

c. POINT OF CONTACT TELEPHONE NUMBER
863-324-3698

This project includes 346 multifamily lots which included the design, permitting, and construction review during construction. The project shows the familiarity with all aspects of residential subdivision design (planning, surveying, design, and construction review).

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME
Wood & Associates Engineering, LLC/ Dennis Wood Engineering, LLC	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE
Civil Engineer involved with the planning, design, permitting, and construction services.	

b.	(1) FIRM NAME

Northpoint Land Surveying	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE

Prepared survey for project	

C.	(1) FiRM NAME

Imperial Testing	(2) FIRM LOCATION (City and State)

Lakeland, FL	(3)ROLE

Prepared Soils Report for project	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
STANDARD FORM 330 (REV. 8/2016) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
2	
21. ITTLE AND LOCATION (City and State)

Highland Meadows Phase 2A - Davenport, FL	 		22. YEAR COMPLETED	         PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design, Surveying, & Plat	Completed 2015	

PROJECT OWNER'S INFORMATION
a. PROJECT OWNER	b. POINT OF CONTACT NAME
Davenport Investments, I, LLC	Robert J. Adams
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

c. POINT OF CONTACT TELEPHONE NUMBER
863-619-7103

This phase included 126 single family lots which included the design, permitting, and construction review during construction. The project shows the familiarity with all aspects of residential subdivision design (planning, surveying, design, and construction review).

Additionally, the project is located in the City of Davenport and shows that the Engineer has a full understanding of the permitting in the City of Davenport and Polk County.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME

Dennis Wood Engineering	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE
Civil Engineer involved with the planning, design, permitting, & construction services.	

b.	(1) FIRM NAME

Northpoint Land Surveying	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE

Surveyor prepared plat for project	

C.	{1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
STANDARD FORM 330 (REV. 8/2016) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each l)roject.)	20. EXAMPLE PROJECT KEY NUMBER
3	
21. TITLE AND LOCATION (Ci ty and State)

Highland Meadows Phase 2B - Davenport, FL	 		22.  YEAR COMPLETED	 PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design, Surveying &Plat Completed 2015	

PROJECT OWNER'S INFORMATION
a. PROJECT OWNER	b. POINT OF CONTACT NAME
Hi  hland Meadows, LLC	Al Cassidy
BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and CO$I)

c. POINT OF CONTACT TELEPHONE NUMBER
863-324-3698

This phase included 184 single family lots which included the design, permitting, and construction review during construction. The project shows the familiarity with all aspects of residential subdivision design (planning, surveying, design, and construction review.

Additionally, the project is located in the City of Davenport and shows that the Engineer has a full understanding of the permitting in the City of Davenport and Polk County.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME

Dennis Wood Engineering, LLC	(2} FIRM LOCATION (City and State)

Lakeland, Florida	(3} ROLE
Civil Engineering involved with the planning, design, pennitting, & construction services.	

b.	(1) FIRM NAME
Northpoint Land Surveying	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3} ROLE
Surveyor prepared survey and plat for
subdivision.	

c.	(1} FIRM NAME	(2) FIRM LOCATION (City and State)	(3} ROLE	

d.	(1} FIRM NAME	(2} FIRM LOCATION (City and State)	(3} ROLE	

e.	(1) FIRM NAME	(2} FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
STANDARD FORM 330 (REV. 8/2016) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUAUFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 1O projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
4	
21. TITLE ANO LOCATION {City and Siate)

Highland Meadows Phase 3	 		22.  YEAR COMPLETED	 PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design, Surveying, & Plat	Completed 2015	

PROJECT OWNER
Highland Meadows II CDD

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Jane Gaarlandt

POINT OF CONTACT TELEPHONE NUMBER
407-382-3256

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

This phase included 228 single family lots which included the design, permitting, and construction review during construction The project shows the familiarity with all aspects of residential subdivision design (planning, surveying, design, and construction review).

Additionally, the project is located in the City of Davenport and shows that the Engineer has a full understanding of the permitting in the City of Davenport and Polk County.

The project owner was the Highland Meadows II CDD and the Engineer had direct contact with the CDD which gave him an insight on the COD process.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1} FIRM NAME
Dennis Wood Engineering, LLC	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE
Civil Engineering involved with the planning, design, permitting, & construction services.	

b.	(1) FIRM NAME

Imperial Testing Laboratories, Inc.	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE

Prepare soils report for the project	

c.	(1) FIRM NAME

Northpoint Land Surveying	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE
Prepare boundary & topographic Survey	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State}	(3) ROLE	
STANDARD FORM 330 {REV. 8/2016) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 1O projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
5	
21. TITLE AND LOCATION (Cfty and State)

Highland Meadows Phase 4A - Davenport, FL	 		22.  YEAR COMPLETED	 PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design , Surveying, & Plat	Completed 2016	

PROJECT OWNER
HMD 111, LLC

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
John Scheck

POINT OF CONTACT TELEPHONE NUMBER
863-324-3698

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include se-0pe, size, and cost)

This phase included 106 single family lots which included the design, permitting, and construction review during construction. The project shows the familiarity with all aspects of residential subdivision design (planning, surveying,
design, and construction review).

Additionally, the project is located in the City of Davenport and shows that the Engineer has a full understanding of the permitting in the City of Davenport and Polk County.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME

Dennis Wood Engineering, LLC	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3)ROLE
Civil Engineering involved with the planning,
rlAc:inn	..	.R. ,.,,	.., ,;,..,.c,	

b.	(1) FIRM NAME
Imperial Testing Laboratories	(2) FlRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE	-
"'

Prepare soils report for project.	

c.	(1) FIRM NAME
Northpoint Land Surveying	(2) FIRM LOCATION (City and Slate)
Lakeland, FL	(3) ROLE
Prepared survey and plat for project	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	
STANDARD FORM 330 (REV. 8/2016) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S QUALIFICATIONS FOR THIS CONTRACT
(Present as many projects as requested by the agency, or 10 projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
6	
21. TITLE AND LOCATION (C ,ty and State)

Highland Meadows Phase 4B/4C - Davenport, FL	 		22. YEAR COMPLETED	 PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design, Surveying, & Plat	Completed 2018	

PROJECT OWNER
HMD 111, LLC

PROJECT OWNER'S INFORMATION

POINT OF CONTACT NAME
Joel Adams

POINT OF CONTACT TELEPHONE NUMBER
863-619-7103

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

This phase included 199 single family lots which included the design, permitting, and construction review during construction. The project shows the familiarity with all aspects of residential subdivision design (planning, surveying,
design, and construction review).

Additionally, the project is located in the City of Davenport and shows that the Engineer has a full understanding of the permitting in the City of Davenport and Polk County.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME

Dennis Wood Engineering, LLC	(2) FIRM LOCATION (City and State)	<
Lakeland, Florida	3cf1:vlQ1 i ng·1neen·ng .mvoI ved  w1"th the pIan.mng,
design, permitting, & construction services	

b.	(1) FIRM NAME

Platinum Surveying & Mapping	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE
Prepare boundary & topographic survey, an
plat	

c.	(1) FIRM NAME
Imperial Testing & Laboratotires	(2) FIRM LOCATION (City and State)
Lakeland, Florida	(3) ROLE
Prepare soils report for project.	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

d

STANDARD FORM 330 (REV. 8/2016) PAGE 3

F. EXAMPLE PROJECTS WHICH BEST ILLUSTRATE PROPOSED TEAM'S
QUALIFICATIONS FOR THIS CONTRACT
,	(Present as many projects as requested by the agency, or 1O projects, if not specified.
Complete one Section F for each project.)	20. EXAMPLE PROJECT KEY NUMBER
7	
21. mLE AND LOCATION (City and State)

Highland Meadows Phase 5 - Haines City, FL	 		22. YEAR COMPLETED	          PROFESSIONAL SERVICES CONSTRUCTION (If applicable)
Design, Surveying, & Plat	Completed 2017	

PROJECT OWNER
HHSMI, LLC

PROJECT OWNER'S INFORMATION
POINT OF CONTACT NAME
Rennie Heath

POINT OF CONTACT TELEPHONE NUMBER
863-324-3698

BRIEF DESCRIPTION OF PROJECT AND RELEVANCE TO THIS CONTRACT (Include scope, size, and cost)

This phase included 281 single family lots which included the design, permitting, and construction review during construction. The project shows the familiarity with all aspects of residential subdivision design (planning, surveying,
design, and construction review.

Additionally, the project is located in the City of Haines City and shows that the Engineer has a full understanding of the permitting in the City of Davenport, City of Haines City, and Polk County.

FIRMS FROM SECTION C INVOLVED WITH THIS PROJECT

a.	(1) FIRM NAME
Dennis Wood Engineering, LLC	(2) FIRM LOCATION (City and State)
Lakeland, Florida	(3) ROLE
Civil Engineering involved with planning, desi
pennitting, and construction overview.	

b.	(1) FIRM NAME
Platinum Surveying & Mapping	(2) FIRM LOCATION (City and State)
Lakeland, Florida	(3) ROLE
Prepare the boundary & topographric survey
and plat.	

c.	(1) FIRM NAME
Imperial Testing & Laboratories, Inc.	(2) FIRM LOCATION (City and State)

Lakeland, Florida	(3) ROLE

Prepare the soils report for the project.	

d.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

e.	(1) FIRM NAME	(2) FIRM LOCATION (City and State)	(3) ROLE	

f.	(1) FIRM NAME	(2} FIRM LOCATION (City and State)	(3) ROLE	

gn,

STANDARD FORM 330 (REV. 8/2016) PAGE 3