Grove Resort Community Development District
12051 Corporate Boulevard, Orlando, FL 32817; 407.723.5900
www.groveresortcdd.com

The following is the proposed agenda for the Board of Supervisors meeting of the Grove Resort Community Development District (“District”), scheduled to be held on Tuesday, May 12, 2020 at 10:00 a.m. via conference call due to the Executive Order 20-112 extending COVID-19 Executive Order 20-69. Attached to this Agenda is a copy of the Executive Order 20-112. The attendance of three Board Members is required to constitute a quorum.
To attend the meeting, please use the below conference call information: Phone:	1-844-621-3956
Access Code:	790 393 986 #

PROPOSED BOARD OF SUPERVISORS’ MEETING AGENDA

Administrative Matters
Roll Call to Confirm Quorum
Public Comment Period (limited to items on the agenda)
Consideration of Minutes of the March 10, 2020 Board of Supervisors Meeting
Review of Number of Registered Voters Business Matters
Public Hearing on the Adoption of the Amended and Restated Rules of Procedure
Public Comments and Testimony
Board Comments
Consideration of Resolution 2020-04, Adopting the Amended and Restated Rules of Procedure
Consideration of Matters Related to the FY2018 Property Tax Exemptions
Letter from Orange County Tax Collector (provided under separate cover)
Consideration of Paramount Hospitality Management Annual Budget Plan (provided under separate cover)
Consideration of Resolution 2020-05, Approving a Proposed Budget for Fiscal Year 2020-2021 and Setting a Public Hearing Date Thereon [suggested date: July 14, 2020]
Consideration of Resolution 2020-06, Adopting an Internal Controls Policy
Memorandum
Consideration of First Amendment to Lease Agreement for The Provision of Food and Beverage Services within Certain Grove Resort Community Development District-Owned Amenity Areas
Discussion and Update Regarding Plan for Re-Opening of the Amenities
Ratification of Agreement between the District and Orange County Property Appraiser
Consideration of Funding Requests 20

Ratification of Payment Authorizations Nos. 78 - 87
Review of District’s Financial Position
Other Business
Staff Reports District Counsel District Engineer District Manager
Upcoming Meetings
Supervisor Requests
Public Comment Period
Adjournment

STATE OF FLORIDA
OFFICE OF THE GOVERNOR EXECUTIVE ORDER NUMBER 20-112
(Phase 1: Safe. Smart. Step-by-Step. Plan for Florida's Recovery)
WHEREAS, on March 9, 2020, I issued Executive Order 20-52 declaring a state of emergency for the entire State of Florida as a result of COVID-19; and
WHEREAS, on April 3, 2020, I issued Executive Order 20-91 and Executive Order 20-92 directing all persons in Florida to limit their movements and personal interactions outside of their home only to those necessary to obtain or provide essential services or conduct essential activities; and
WHEREAS, my administration has implemented a data-driven strategy devoted to high-volume testing and aggressive contact tracing, as well as strict screening protocols in long-term care facilities to protect vulnerable residents; and
WHEREAS, data collected by the Florida Department of Health indicates the State has achieved several critical benchmarks in flattening the curve, including a downward trajectory of hospital visits for influenza-like illness and COVID-19-like syndromic cases, a decrease in percent positive test results, and a significant increase in hospital capacity since March 1, 2020; and
WHEREAS, during the week of April 20, 2020, I convened the Task Force to Re­ Open Florida to evaluate how to safely and strategically re-open the State; and
WHEREAS, the path to re-opening Florida must promote business operation and economic recovery while maintaining focus on core safety principles.

NOW, THEREFORE, I, RON DESANTIS, as Governor of Florida, by virtue of the authority vested in me by Article IV, Section (l)(a) of the Florida Constitution and Chapter 252, Florida Statutes, and all other applicable laws, promulgate the following Executive Order:
Section 1. Phase 1 Recovery
In concert with the efforts of President Donald J. Trump and the White House Coronavirus Task Force, and based on guidance provided by the White House and the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), and the Florida Surgeon General and State Health Officer, Dr. Scott Rivkees, I hereby adopt the following in response to the recommendations in Phase 1 of the plan published by the Task Force to Re-Open Florida.
Section 2. Responsible Individual Activity
All persons in Florida shall continue to limit their personal interactions outside the home; however, as of the effective date ofthis order, persons in Florida may provide or obtain:
All services and activities currently allowed, i.e., those described in Executive Order 20-91 and its attachments, which include activities detailed in Section 3 of Executive Order 20-91, the U.S. Department of Homeland Security in its Guidance on the Essential Critical Infrastructure Workforce and a list propounded by Miami-Dade County in multiple orders (as of April 1, 2020), as well as other services and activities approved by the State Coordinating Officer. Such services should continue to follow safety

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guidelines issued by the CDC and OSHA. If necessary, employee screening or use of personal protective equipment should continue.
Additional services responsibly provided in accordance with Sections 3 and 4 of this order in counties other than Miami-Dade, Broward and Palm Beach. In Miami-Dade, Broward and Palm Beach counties, allowances for services and activities from Sections 3 and 4 of this order will be considered in consultation with local leadership.
Except as provided in Section 2(A)( I) of this order, senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) are strongly encouraged to stay at home and take all measures to limit the risk of exposure to COVID-19.
For the duration of this order, all persons in Florida should:
l. Avoid congregating in large groups. Local jurisdictions shall ensure that groups of people greater than ten are not permitted to congregate in any public
space that does not readily allow for appropriate physical distancing.
Avoid nonessential travel, including to U.S. states and cities outside of	.	I
Florida with a significant presence of COVID-19.
Adhere to guidelines from the CDC regarding isolation for 14 days following travel on a cruise or from any international destination and any area with a significant presence of COVID-19.

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	This order extends Executive Order 20-80 (Airport Screening and Isolation) and Executive Order 20-82 (Isolation oflndividuals Traveling to Florida), with exceptions for persons involved in military, emergency, health or infrastructure response or involved in commercial activity. This order extends Sections 1 (C) and 1(D) of Executive Order 20-86 (Additional Requirements of Certain Individuals Traveling to Florida), which authorize the Department of Transportation, with assistance from the Florida Highway Patrol and county sheriffs, to continue to implement checkpoints on roadways as necessary.
Section.3.	Businesses Restricted by Previous Executive Orders
Unless I direct otherwise, for the duration of this order, the following applies to businesses directly addressed by my previous Executive Orders:
Bars, pubs and nightclubs that derive more than 50 percent of gross revenue from the sale of alcoholic beverages shall continue to suspend the sale of alcoholic beverages for on-premises consumption. This provision extends Executive Order 20-68, Section I as modified by Executive Order 20-71, Sections I and 2.
Restaurants and food establishments licensed under Chapters 500 or 509, Florida Statutes, may allow on-premises consumption of food and beverage, so long as they adopt appropriate social distancing measures and limit their indoor occupancy to no more than 25 percent of their building occupancy. In addition, outdoor seating is permissible with appropriate social distancing. Appropriate social distancing requires maintaining a minimum of 6 feet between parties, only seating parties of 10 or fewer people and keeping bar counters closed to seating. This provision

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extends Executive Order 20-68, Section 3 and supersedes the conflicting provisions of Executive Order 20-71, Section 2 regarding on-premises food consumption.
Gyms and fitness centers closed by Executive Order 20-71 shall remain closed.
The prohibition on vacation rentals in Executive Order 20-87 remains in effect for the duration of this order.
E. The Department of Business and Professional Regulation shall utilize its authorities under Florida law to implement and enforce the provisions of this order as appropriate.
Section 4. Other Affected Business Services
Unless I direct otherwise, for the duration of this order, the following applies to other business services affected by my previous Executive Orders:
In-store retail sales establishments may open storefronts if they operate at no more than 25 percent of their building occupancy and abide by the safety guidelines issued by the CDC and OSHA.
Museums and libraries may open at no more than 25 percent of their building occupancy, provided, however, that (a) local public museums and local public libraries may operate only if permitted by local government, and (b) any components ofmuseums or libraries that have interactive functions or exhibits, including child play areas, remain closed.
Section 5. Medical Procedures
Subject to the conditions outlined below, elective procedures prohibited by Executive Order 20-72 may resume when this order goes into effect. A hospital ambulatory surgical center, office surgery center, dental office, orthodontic office, endodontic office or other health care
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practitioners' office in the State of Florida may perform procedures prohibited by Executive Order 20-72 only if:
The facility has the capacity to immediately convert additional facility-identified surgical and intensive care beds for treatment of COVID-19 patients in a surge capacity situation;
The facility has adequate personal protective equipment (PPE) to complete all medical procedures and respond to COVID-19 treatment needs, without the facility seeking any additional federal or state assistance regarding PPE supplies;
The facility has not sought any additional federal, state, or local government assistance regarding PPE supplies since resuming elective procedures; and
The facility has not refused to provide support to and proactively engage with skilled nursing facilities, assisted living facilities and other long-term care residential providers.
The Agency for Health Care Administration and the Department of Health shall utilize their authority under Florida law to further implement and enforce these requirements. This order supersedes the conflicting provisions of Executive Order 20-72.
Section 6. Previous Executive Orders Extended
The Executive Order 20-69 (Local Government Public Meetings) is extended for the duration of this order.
Section 7. Enforcement
This order shall be enforced under section 252.47, Florida Statutes. Violation of this order is a second-degree misdemeanor pursuant to section 252.50, Florida Statutes, and is punishable by imprisonment not to exceed 60 days, a fine not to exceed $500, or both.
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Section 8.	Effective Date
This order is effective at 12 :0 I a.m. on May 4, 2020.

IN TESTIMONY WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of Florida to be affixed, at Tallahassee, this 29th day of April, 2020.

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Grove Resort Community Development District

Consideration of Minutes

GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT

BOARD OF SUPERVISORS MEETING MINUTES

FIRST ORDER OF BUSINESS	Call to Order and Roll Call

The Board of Supervisors Special Meeting for the Grove Resort Community Development District was called to order on Tuesday, March 10, 2020 at 10:16 a.m. in the Duval Boardroom at 14501 Grove Resort Avenue, Winter Garden, Florida 34787. Board Members listed below constituted a quorum:

Board Members present:			
Kevin Mays Michael Osborn Dave D’Ambrosio	Board Member Board Member Board Member		
Also present were:			
Jane Gaarlandt	PFM		
Christina Hanna Elizabeth Oliver Marco Manzie Robert Haywood
Mike Eckert	PFM
Grove Resort Paramount Hospitality Paramount Hospitality Hopping Green & Sams	

(via phone)	
Sara Sandy	Hopping Green & Sams	(via phone)	
Mark Wilson	District Engineering	(via phone)	

SECOND ORDER OF BUSINESS	
Swear	in	
Supervisors;	J.	

Tabled

Breakstone (sent oath of office 1/21/2020)

THIRD ORDER OF BUSINESS	Public Comment Period

There were no public comments.

FOURTH ORDER OF BUSINESS	Consideration of Minutes;
August 12, 2019 Board of Supervisors Meeting

November	5,	2020
Landowners’ Election
January 10, 2020 Board of Supervisors Special Meeting

The Board reviewed the minutes from the previous meetings.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District approved the August 13, 2019 Board of Supervisors Meeting Minutes, the November 5, 2020 landowners’ Election Minutes, and the January 10, 2020 Board of Supervisors Special Meeting Minutes.

FIFTH ORDER OF BUSINESS	Consideration of Resolution 2020-03, Setting a Public Hearing Date to Amend the District’s Rules of Procedure
Memorandum of Updated Provision of the District’s rules of Procedure
Redline of Revision to Rules of Procedure

District staff suggested May 12, 2020 as the public hearing date which is also anticipated to be the proposed budget meeting.

Included in the agenda packet is a memorandum as well as redlined revisions of the rules.

Mr. Eckert explained that the Rules of Procedure govern the District’s operations. District Counsel prepared the initial version, which has been in place. This is an amendment to the rules of procedure based on recent case law and recent statutory changes. He recommended the Board set the hearing for May 12, 2020.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District approved Resolution 2020-03, setting May 12, 2020 as the Public Hearing Date to Amend the District’s Rules of Procedure.

SIXTH ORDER OF BUSINESS	Consideration of Matters Related to the FY 2018 Property Tax Exemptions
Ratification of Special Counsel Agreements
Status Update

Mr. Eckert explained the District entered into a Special Counsel Agreement with Hill Ward & Henderson, who specialized in this area. He requested the Board ratify that agreement. The funds for that agreement are being paid by PFM.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District ratified the Agreement with Special Counsel.

Mr. Eckert provided a status update regarding the FY 2018 property Tax Exemptions. On February 6, 2020 Dr. Fishkind met with the Orange County Property Appraiser’s Office and was informed that the exemption was lost because the County’s inspector was denied access to the property. Dr. Fishkind said the Appraiser wanted a letter stating that the District facilities were open to the public. On February 19, 2020 Mr. Mays executed the agreement with Rob Kelley of Hill Ward & Henderson to be Special Counsel on this matter. The same day District Counsel provided documents to Mr. Kelley demonstrating that the District facilities are open to the public. On February 26, 2020 Hill Ward & Henderson sent a letter to the Property Appraiser along with the documents District Counsel provided demonstrating that the facilities are open to the public. On March 5, 2020 and March 9, 2020 Mr. Eckert asked Mr. Kelley for the status and has not yet received a response.

The Board directed Mr. Eckert to send his bills directly to PFM.

Mr. Eckert will update the Board via email as soon as he hears back from Hill Ward & Henderson. Ms. Gaarlandt stated when Dr. Fishkind had the meeting with Mr. Grimaldi he very strongly recommended that signs be posted stating that the facilities are open to the public and Mr. Grimaldi requested that he would be provided with a picture documentation of such signs. Mr. Eckert suggested PFM coordinate with Hill Ward & Henderson about whether that is necessary as they are the District’s attorney handling the real estate tax matter.

SEVENTH ORDER OF BUSINESS	Ratification of Agreement between the District and Paramount	Hospitality Management, LLC for

Management	(Operator) Services

Mr. Eckert stated at the last Board Meeting the Board authorized District staff to terminate the agreement with Benchmark and enter into a new agreement with Paramount Hospitality Management, LLC. The effective date of this agreement is January 14, 2020.

He requested a ratification of the agreement.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District ratified the Agreement between the District and Paramount Hospitality Management, LLC for Management (Operator) Services.

EIGHTH ORDER OF BUSINESS	Ratification of Agreement between the District and VGlobalTech for ADA Auditing Services

Ms. Gaarlandt noted this is a formalization of an agreement which was previously approved.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District ratified the Agreement between the District and VGlobalTech for ADA Auditing Services.

NINTH ORDER OF BUSINESS	Ratification	of	the Supplemental Assessment Methodology Engagement Letter

Ms. Gaarlandt explained that at the time the Board considered the Assessment Methodology Engagement Letter the approval was subject to confirmation that the fee was only due in case Bonds were issued which was confirmed.

Mr. Eckert stated the District will not have to pay unless Bonds are issued.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District ratified the Supplemental Assessment methodology Engagement Letter.

TENTH ORDER OF BUSINESS	Discussion of the Contract and Sale of the Parking Garage
Appraisal
Contract	for	Sale	and Purchase
Special Warranty Deed
Quit-Claim Bill of Sale and General Assignment

Mr. Eckert suggested that the District table this item and remove it from the agenda for the time being.

ELEVENTH ORDER OF BUSINESS	Consideration	of	Funding
Requests 19-20

The Board reviewed Funding Requests 19-20.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District ratified Funding requests 19-20.

TWELFTH ORDER OF BUSINESS	Consideration	of	Payment Authorizations 60-79

The Board reviewed Payment Authorizations 60-79.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District ratified Payment Authorizations 60-79.

THIRTEENTH ORDER OF BUSINESS	Review of District’s Financial
Position

There was no action required by the Board.

FOURTEENTH ORDER OF BUSINESS	Staff Reports

District Counsel – Mr. Eckert dropped off the call but Ms. Sandy was still present via phone. She had no additional report.

District Engineer– Mr. Mays asked Mr. Wilson about the Engineer Report for Phase 4 and if he needed any information from the Board to add to that report. Mr. Wilson explained he put together a preliminary cost estimate and the next step would be to complete a supplemental report.

District Manager – Ms. Gaarlandt received a request on behalf of Paramount Hospitality Management to extend the annual budget deadline for two months. According to the agreement it is due on April 1, 2020. Ms. Sandy stated the Board can adopt a proposed budget at its May meeting and increase it later as long as assessments are not increasing. Ms. Gaarlandt requested the Board to authorize a budget extension.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District authorized the budget submission extension.

Ms. Gaarlandt stated the Board needs to appoint an Auditor Selection Committee. The Board typically appoints itself as the Auditor Selection Committee.

ON MOTION from Mr. Mays, and a Second by Mr. Osborn, with all in favor, the Board of Supervisors for the Grove Resort Community Development District appointed itself as the Auditor Selection Committee.

The next meetings are scheduled for April 14, 2020 and May 12, 2020.

Supervisor Requests and Audience Comments

A question was raised regarding the selling of the garage. It will go from the CDD to a private entity. Ms. Sandy stated that is a small portion of one garage that the CDD may convey back to the developer. The item was tabled for a future meeting and will be put back on the agenda at an appropriate time.

FIFTEENTH ORDER OF BUSINESS	Adjournment

There were no other additional comments. Ms. Gaarlandt requested a motion to adjourn.

ON MOTION by Mr. Mays, and a Second by Mr. Osborn with all in favor, the March 10, 2020 Board of Supervisors Meeting was adjourned.

Secretary / Assistant Secretary	Chairman / Vice Chairman

Grove Resort Community Development District

Registered Voters

Jane Gaarlandt

From: Sent:
To:

Cc: Subject:

Attachments:

Patrick Floto < Patrick.Floto@ocfelections.com> Wednesday, April 15, 2020 10:33 AM
Jane Gaarlandt; seat5@groveresortcdd.com; seat4@groveresortcdd.com; seat3 @groveresortcdd.com; seat2@groveresortcdd.com; seat1@grovesortcdd.com Trendy Harris; Cathy McGill-Johnson
Orange County SOE April 15, 2020 Voter Count: Grove Resort Community Development District
20200415 Active Voters by District.pdf

EXTERNAL EMAIL: Use care with links and attachments.

Grove Resort Community Development District - 0

The relevant section of the attached report is on page 2.

Patrick Floto
DATA REPORTING COORDINATOR
ORANGE COUNTY SUPERVISOR OF ELECTIONS
407..254-6509
PATRICK.FLOTO@OCFELECTIONS.COM

Disclaimer: Florida has a very broad public records law. As a result, any written communication created or received by the Orange County Supervisor of Elections Office will be made available to the public and media, upon request, unless otherwise exempt. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this office. Instead, contact our office by phone or in writing.

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Grove Resort Community Development District

Resolution 2020-04

RESOLUTION 2020-04

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

WHEREAS, Grove Resort Community Development District (“District”) is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within Orange County, Florida; and

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

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

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

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

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

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

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

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

PASSED AND ADOPTED this 12th day of May, 2020.

ATTEST:	GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Exhibit A:	Amended and Restated Rules of Procedure

EXHIBIT A:	
AMENDED AND RESTATED RULES OF PROCEDURE

AMENDED AND RESTATED RULES OF PROCEDURE
GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT EFFECTIVE AS OF MAY12, 2020

TABLE OF CONTENTS
Rule 1.0	General	2
Rule 1.1	Board of Supervisors; Officers and Voting	3
Rule 1.2	District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.	7
Rule 1.3	Public Meetings, Hearings, and Workshops	10
Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse	15
Rule 2.0	Rulemaking Proceedings	16
Rule 3.0	Competitive Purchase.	22
Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act	27
Rule 3.2	Procedure Regarding Auditor Selection.	31
Rule 3.3	Purchase of Insurance.	35
Rule 3.4	Pre-qualification	37
Rule 3.5	Construction Contracts, Not Design-Build	42
Rule 3.6	Construction Contracts, Design-Build	46
Rule 3.7	Payment and Performance Bonds	51
Rule 3.8	Goods, Supplies, and Materials	52
Rule 3.9	Maintenance Services	56
Rule 3.10	Contractual Services	59
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.	60
Rule 4.0	Effective Date.	63

Rule 1.0	General.

The Grove Resort 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	Board of Supervisors; Officers and Voting.

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

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

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

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

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (1)(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 at least the amount of one million dollars ($1,000,000) that names the District as an additional insured.

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

In the event that both the Chairperson and Vice-Chairperson are absent from a Board meeting and a quorum is present, the Board may designate one of its members or a member of District staff to convene and conduct the meeting. In such circumstances, any of the Board members present are authorized to execute agreements, 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 of Interest. The Board shall comply with Section 112.3143 of the Florida Statutes, so as to ensure the proper disclosure of conflicts of interest on matters coming before the Board for a vote. For the purposes of this section, "voting conflict of interest" shall be governed by the Florida Constitution and Chapters 112 and 190 of the Florida Statutes, as amended from time to time. Generally, a voting conflict exists when a Board member is called upon to vote on an item which would inure to the Board member’s special private gain or loss or the Board member knows would inure to the special private gain or loss of a principal by whom the Board member is retained, the parent organization or subsidiary of a corporate principal, a business associate, or a relative including only a father, mother, son, daughter, husband, wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.

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

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

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

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

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

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

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

Rule 1.2	District Offices; Public Information and Inspection of Records; Policies; Service Contract Requirements; Financial Disclosure Coordination.

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

Agenda packages for prior 24 months and next meeting;

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

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

Fiscal year end audits; and

Adopted budget for the current fiscal year.

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

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

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 the individual(s) who is/are qualified to perform the labor, taking into account the nature or volume of the public records to be inspected or copied. The charge may include the labor costs of supervisory and/or clerical staff whose assistance is required to complete the records request, in accordance with Florida law. For purposes of this Rule, the word “extensive” shall mean that it will take more than 15 minutes to locate, review for confidential information, copy and re-file the requested material. In cases where extensive personnel time is determined by the District to be necessary to safeguard original records being inspected, the special service charge provided for in this section shall apply. If the total fees, including but not limited to special service charges, are anticipated to exceed twenty-five dollars ($25.00), then, prior to commencing work on the request, the District will inform the person making the public records request of the estimated cost, with the understanding that the final cost may vary from that estimate. If the person making the public records request decides to proceed with the request, payment of the estimated cost is required in advance. Should the person fail to pay the estimate, the District is under no duty to produce

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

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

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

Financial Disclosure Coordination. Unless specifically designated by Board resolution otherwise, the Secretary shall serve as the Financial Disclosure Coordinator (“Coordinator”) for the District as required by the Florida Commission on Ethics (“Commission”). The Coordinator shall create, maintain and update a list of the names, e-mail addresses, physical addresses, and names of the agency of, and the office or position held by, all Supervisors and other persons required by Florida law to file a statement of financial interest due to his or her affiliation with the District (“Reporting Individual”). The Coordinator shall provide this list to the Commission by February 1 of each year, which list shall be current as of December 31 of the prior year. Each Supervisor and Reporting Individual shall promptly notify the Coordinator in writing if there are any changes to such person’s name, e-mail address, or physical address. Each Supervisor and Reporting Individual shall promptly notify the Commission in the manner prescribed by the Commission if there are any changes to such person’s e- mail address.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 112.31446(3), 112.3145(8)(a)1., 119.07, 119.0701, 190.006, Fla. Stat.

Rule 1.3	Public Meetings, Hearings, and Workshops.

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

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

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

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

The following or substantially similar language: “Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (407) 723-5900. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955-8770 or 1 (800) 955-8771, who can aid you in contacting the District Office.”

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

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

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

Agenda. The District Manager, under the guidance of District Counsel and the Chairperson or Vice-Chairperson, shall prepare an agenda of the meeting/hearing/workshop. The agenda and any meeting materials available in an electronic format, excluding any confidential and any confidential and exempt information, shall be available to the public at least seven days before the meeting/hearing/workshop, except in an emergency. Meeting materials shall be defined as, and limited to, the agenda, meeting minutes, resolutions, and agreements of the District that District staff deems necessary for Board approval. Inclusion of additional materials for Board consideration other than those defined herein as “meeting materials” shall not convert such materials into “meeting materials.” For good cause, the agenda may be changed after it is first made available for distribution, and additional materials may be added or provided under separate cover at the meeting. The requirement of good cause shall be liberally construed to allow the District to efficiently conduct business and to avoid the expenses associated with special meetings.

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

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

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

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

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

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

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

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

Board Authorization. The District has not adopted Robert’s Rules of Order. For each agenda item, there shall be discussion permitted among the Board members during the meeting. Unless such procedure is waived by the Board, 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 attorney 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.

Security and Firesafety Board Discussions. Portions of a meeting which relate to or would reveal a security or firesafety system plan or portion thereof made confidential and exempt by section 119.071(3)(a), Florida Statutes, are exempt from the public meeting requirements and other requirements of section 286.011, Florida Statutes, and section 24(b), Article 1 of the State Constitution. Should the Board wish to discuss such matters, members of the public shall be required to leave the meeting room during such discussion. Any records of the Board’s discussion of such matters, including recordings or minutes, shall be maintained as confidential and exempt records in accordance with Florida law.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 189.069(2)(a)16, 190.006, 190.007, 190.008, 286.0105, 286.011, 286.0113, 286.0114, Fla. Stat.

Rule 1.4	Internal Controls to Prevent Fraud, Waste and Abuse

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

Prevent and detect “fraud,” “waste” and “abuse” as those terms are defined in section 11.45(1), Florida Statutes; and
Promote and encourage compliance with applicable laws, rules contracts, grant agreements, and best practices; and
Support economical and efficient operations; and
Ensure reliability of financial records and reports; and
Safeguard assets.

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

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: § 218.33(3), Fla. Stat.

Rule 2.0	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.

(b) All rules as drafted shall be consistent with Sections 120.54(1)(g) and 120.54(2)(b) of the Florida Statutes.

Notice of Proceedings 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.

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 a substantial interest in the rulemaking. Not later than sixty (60) calendar days following the date of filing a petition, the Board shall initiate rulemaking proceedings or deny the petition with a written statement of its reasons for the denial. If the petition is directed to an existing policy that the District has not formally adopted as a rule, the District may, in its discretion, notice and hold a public hearing on the petition to consider the comments of the public directed to the policy, its scope and application, and to consider whether the public interest is served adequately by the application of the policy on a case-by-case basis, as contrasted with its formal adoption as a rule. However, this section shall not be construed as requiring the District to adopt a rule to replace a policy.

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

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

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

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

The published notice.

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

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

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, if applicable:

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

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

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

All notices and findings pertaining to an emergency rule.

Petitions to 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 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 ninety (90) days after receipt of the original petition, the last item of timely requested additional material, or the petitioner's written request to finish processing the petition. The District’s statement granting or denying the petition shall contain a statement of the relevant facts and reasons supporting the District's action.

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

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

Rule 3.0	Competitive Purchase.

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 two million dollars ($2,000,000), for a study activity when the fee for such Professional Services to the District does not exceed two hundred thousand dollars ($200,000), 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 turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds

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

	“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.

“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 is 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 firm submitting it fails to meet any material requirement relating to the qualifications, financial stability, or licensing of the bidder.

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

Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act.

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 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 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. The District shall make reasonable efforts to provide copies of any notices to such consultants, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process. The Board has the

right to reject any and all qualifications, and such reservation shall be included in the published notice. Consultants not receiving a contract award shall not be entitled to recover from the District any costs of qualification package preparation or submittal.

Competitive Selection.

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

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

Whether a consultant is a certified minority business enterprise;

Each consultant’s past performance;

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

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

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

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

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

If the selection process is administered by any person or committee other than the full Board, the selection made will be presented to the full Board 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."

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

Should the District be unable to negotiate a satisfactory agreement with one of the top three (3) ranked consultants, additional firms shall be selected by the District, in order of their competence and qualifications. 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.

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

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 119.0701, 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. For audits required under Chapter 190 of the Florida Statutes but not meeting the thresholds of Chapter 218 of the Florida Statutes, the District need not follow these procedures but may proceed with the selection of a firm or individual to provide Auditing Services and for the negotiation of such contracts in the manner the Board determines is in the best interests of the District.

Definitions.

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

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

Establishment of Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an auditor 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 shall include at least three individuals, at least one of which must also be a member of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must be a member of the Board. An employee, a chief executive officer, or a chief financial officer of the District may not serve as a member of the Committee; provided however such individual may serve the Committee in an advisory capacity.

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

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

Hold all 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 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;

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 or document in its public records the reason for not selecting 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 June 30 of the fiscal year that follows the fiscal year for which the audit is being conducted;

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

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

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

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

Rule 3.3	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 of Invitation 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. The District shall make reasonable efforts to provide copies of any notices to such persons, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process.

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

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

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

Simultaneously with the review of the submitted bids, the District may undertake negotiations with those companies that have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to 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	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 all 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.

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

Suspension, Revocation, or Denial of Qualification

The District, for good cause, may deny, suspend, or revoke a prequalified vendor’s pre-qualified status. A suspension, revocation, or denial for good cause shall prohibit the vendor from bidding on any District construction contract for which qualification is required, shall constitute a determination of non-responsibility to bid on any other District construction or maintenance contract, and shall prohibit the vendor from acting as a material supplier or subcontractor on any District contract or project during the period of suspension, revocation, or denial. Good cause shall include the following:

One of the circumstances specified under Section 337.16(2), Fla. Stat., has occurred.

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

The vendor made or submitted false, deceptive, or fraudulent statements, certifications, or materials in any claim for payment or any information required by any District contract.

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

The vendor’s qualification to bid is suspended, revoked, or denied by any other public or semi-public entity, or the vendor has been the subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.

The vendor failed to comply with contract or warranty requirements or failed to follow District direction in the performance of a contract.

The vendor failed to timely furnish all contract documents required by the contract specifications, special provisions, or by any state or federal statutes or regulations. If the vendor fails to furnish any of the subject contract documents by the expiration of the period of suspension, revocation, or denial set forth above, the vendor’s pre- qualified status shall remain suspended, revoked, or denied until the documents are furnished.

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

The vendor did not pay its subcontractors or suppliers in a timely manner or in compliance with contract documents.

The vendor has demonstrated instances of poor or unsatisfactory performance, deficient management resulting in project delay, poor quality workmanship, a history of payment of liquidated damages, untimely completion of projects, uncooperative attitude, contract litigation, inflated claims or defaults.

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

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

The term “contract crime” means any violation of state or federal antitrust laws with respect to a public contract or any violation of any state or federal law involving fraud, bribery, collusion, conspiracy, or material misrepresentation with respect to a public contract.

The term “convicted” or “conviction” means a finding of guilt or a conviction of a contract crime, with or without an adjudication of guilt, in any federal or state trial court of record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

A denial, suspension, or revocation shall prohibit the vendor from being a subcontractor on District work during the period of denial, suspension, or revocation, except when a prime contractor’s bid has used prices of a subcontractor who becomes disqualified after the bid, but before the request for authorization to sublet is presented.

The District shall inform the vendor in writing of its intent to deny, suspend, or revoke its pre-qualified status and inform the vendor of its right to a hearing, the procedure which must be followed, and the applicable time limits. If a hearing is requested within 10 days after the receipt of the notice of intent, the hearing shall be held within 30 days after receipt by the District of the request for the hearing. The decision shall be issued within 15 days after the hearing.

Such suspension or revocation shall not affect the vendor’s obligations under any preexisting contract.

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

Examples of factors affecting the seriousness of a deficiency are:

Impacts on project schedule, cost, or quality of work;

Unsafe conditions allowed to exist;

Complaints from the public;

Delay or interference with the bidding process;

The potential for repetition;

Integrity of the public contracting process;

Effect on the health, safety, and welfare of the public.

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

Rule 3.5	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 all 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 including but not limited to, reemployment assistance, safety, tax withholding, worker’s compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may be considered ineligible by the District to submit a bid, response, or proposal for a District project.

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

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.

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.

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 proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the 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 contract; 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 including but not limited to reemployment assistance, safety, tax withholding, worker’s compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may

be considered ineligible by the District to submit a bid, response, or proposal for a District project.

Evidence of compliance with these Rules must be submitted with the 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 the proposals are too high, or rejection is determined to be in the best interest of the District. No vendor shall be entitled to recover any costs of proposal preparation or submittal from the District.

If less than three (3) Responsive Proposals are received, the District may purchase design-build services or may reject the proposals for lack of competitiveness. If no Responsive Proposals are received, the District may proceed with the procurement of design-build services in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the design-build services without further competitive selection processes.

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand 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. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the second 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 third most qualified firm. Should the Board be unable to negotiate a satisfactory contract with the firm considered to be the third most qualified at a price considered by the Board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. Should the Board be unable to negotiate a satisfactory contract with any of the selected firms, the Board shall select additional firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached or the list of firms is exhausted.

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

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

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	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.

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

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

Rule 3.8	Goods, Supplies, and Materials.

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 all required applicable state professional licenses in good standing;

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

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

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

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

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.

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

If less than three (3) Responsive 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 proceed with the procurement of goods, supplies, and materials, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct

purchase of the 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 maximum period of five (5) years.

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

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

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 all required applicable state professional licenses in good standing;

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

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

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

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

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

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

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

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

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

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.

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 proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the maintenance services without further competitive selection processes.

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

Renewal. Contracts for the purchase of maintenance services subject to this Rule may be renewed for a maximum period of five (5) years.

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.

Specific Authority: §§ 190.011(5), 190.011(15), 190.033, Fla. Stat.
Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

Rule 3.10	Contractual Services.

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

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

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

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 the requirement for the posting of a protest bond and the amount of the protest bond, which may be expressed by a percentage of the contract to be awarded or a set amount, is disclosed in the District’s competitive solicitation documents for a particular purchase under Rules 3.1, 3.2, 3.3,

3.4, 3.5, 3.6, 3.8, or 3.9, any person who files a notice of protest must post the protest bond. The amount of the protest bond shall be determined by District staff after consultation with the Board and within the limits, if any, imposed by Florida law. In the event the protest is successful, the protest bond shall be refunded to the protestor. In the event the protest is unsuccessful, the protest bond shall be applied towards the District’s costs, expenses, and attorney’s fees associated with hearing and defending the protest. In the event the protest is settled by mutual agreement of the parties, the protest bond shall be distributed as agreed to by the District and protestor.

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

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 May12, 2020, 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.

Grove Resort Community Development District

Matters Related to the FY2018 Property tax Exemptions

(provided under separate cover)

Grove Resort Community Development District

Paramount Hospitality Management Annual Budget Plan

(provided under separate cover)

Grove Resort Community Development District

Resolution 2020-05

RESOLUTION 2020-05

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2020/2021; DECLARING SPECIAL ASSESSMENTS TO FUND THE PROPOSED BUDGET PURSUANT TO CHAPTERS 170, 190 AND 197, FLORIDA STATUTES; SETTING PUBLIC HEARINGS; ADDRESSING TRANSMITTAL, POSTING AND PUBLICATION REQUIREMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District Manager has heretofore prepared and submitted to the Board of Supervisors (“Board”) of the Grove Resort Community Development District (“District”) prior to June 15, 2020, a proposed budget (“Proposed Budget”) for the fiscal year beginning October 1, 2020 and ending September 30, 2021 (“Fiscal Year 2020/2021”); and

WHEREAS, it is in the best interest of the District to fund, in full or in part, the administrative and operations services (together, “Services”) set forth in the Proposed Budget by levy of special assessments pursuant to Chapters 170, 190 and 197, Florida Statutes (“Assessments”), as set forth in the preliminary assessment roll included within the Proposed Budget; and

WHEREAS, the District hereby determines that benefits would accrue to the properties within the District, as outlined within the Proposed Budget, in an amount equal to or in excess of the Assessments, and that such Assessments would be fairly and reasonably allocated as set forth in the Proposed Budget; and

WHEREAS, the Board has considered the Proposed Budget and desires to set the required public hearing thereon.

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

PROPOSED BUDGET APPROVED. The Proposed Budget prepared by the District Manager for Fiscal Year 2020/2021 attached hereto as Exhibit A is hereby approved as the basis for conducting a public hearing to adopt said Proposed Budget.

DECLARING ASSESSMENTS. Pursuant to Chapters 170, 190 and 197, Florida Statutes, the Assessments shall defray the cost of the Services in the total estimated amounts set forth in the Proposed Budget. The nature of, and plans and specifications for, the Services to be funded by the Assessments are described in the Proposed Budget and in the reports (if any) of the District Engineer, all of which are on file and available for public inspection at the “District Office,” 12051 Corporate Boulevard, Orlando, Florida 32817, (407) 723-5900. The Assessments shall be levied within the District on all benefitted lots and lands, and shall be apportioned, all as described in the Proposed Budget and the preliminary assessment roll included therein. The

preliminary assessment roll is also on file and available for public inspection at the District’s Office. The Assessments shall be paid in one or more installments pursuant to a bill issued by the District in November of 2020, and pursuant to Chapter 170, Florida Statutes, or, alternatively, pursuant to the Uniform Method as set forth in Chapter 197, Florida Statutes.

SETTING PUBLIC HEARING. Pursuant to Chapters 170, 190, and 197, Florida Statutes, public hearings on the approved Proposed Budget and the Assessments are hereby declared and set for the following date, hour and location:

DATE:	 	, 2020
HOUR:	 	
LOCATION:	14501 Grove Resort Avenue
Winter Garden, Florida 34787

It is anticipated that, due to the current COVID-19 public health emergency, the District may conduct the public hearing by telephonic or video conferencing communications media technology, pursuant to then-effective governmental orders, including but not limited to Executive Orders 20-52, 20-69, and 20-112 issued by Governor DeSantis on March 9, 2020, March 20, 2020, and April 29, 2020, respectively, and pursuant to Section 120.54(5)(b)2., Florida Statutes, that may allow the Board to convene via such communication methods. Information about how the public hearing will occur, assistance connecting to the public hearing, or arranging further accommodations for participation, and an electronic copy of the agenda may be obtained by contacting the office of the District Manager by phone at (407) 723-5900, or by email at gaarlandtj@pfm.com. Information and updates may also be obtained on the District’s website at groveresortcdd.com.

TRANSMITTAL OF PROPOSED BUDGET TO LOCAL GENERAL PURPOSE GOVERNMENT. The District Manager is hereby directed to submit a copy of the Proposed Budget to Orange County at least sixty (60) days prior to the hearing set above.

POSTING OF PROPOSED BUDGET. In accordance with Section 189.016, Florida Statutes, the District’s Secretary is further directed to post the approved Proposed Budget on the District’s website at least two days before the budget hearing date as set forth in Section 2, and shall remain on the website for at least forty-five (45) days.

PUBLICATION OF NOTICE. The District shall cause this Resolution to be published once a week for a period of two (2) weeks in a newspaper of general circulation published in Orange County. Additionally, notice of this public hearings shall be published in the manner prescribed in Florida law.

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.

EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption.

PASSED AND ADOPTED THIS 	DAY OF MAY, 2020.

ATTEST:	GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Noah Breakstone, Chairman

Grove Resort CDD
FY 2021 Proposed O&M Budget

Actual Through 04/30/2020

Year To Date

Anticipated May - Sep.

Anticipated Total FY 2020

FY 2020
Adopted Budget

FY 2021
Proposed Budget

Revenues

On-Roll Assessments	$	78,883.18	$	19,396.82	$	98,280.00	$	98,280.00	$	98,280.00	
Off-Roll Assessments	6,368.00	42,856.00	49,224.00	49,224.00	49,224.00	
Developer Contributions	23,880.25	64,358.43	88,238.68	95,521.00	143,671.00	
Other Income & Other Financing Sources	7,147.14	-	7,147.14	-	-	
Developer Contributions - Deficit Funding/Longboard	-		1,277,760.00		1,277,760.00		1,277,760.00		1,277,760.00	
Net Revenues	$	116,278.57		$ 1,404,371.25		$ 1,520,649.82		$ 1,520,785.00		$ 1,568,935.00	

Trustee Services	$	9,161.80	$	-	$	9,161.80	$	12,000.00	$	12,000.00	
Management	14,583.31	10,416.69	25,000.00	25,000.00	25,000.00	
Engineering	287.65	205.46	493.11	5,000.00	5,000.00	
Dissemination Agent	5,000.00	-	5,000.00	5,000.00	5,000.00	
Property Appraiser	878.00	-	878.00	-	1,000.00	
District Counsel	33,403.83	23,859.88	57,263.71	60,000.00	60,000.00	
Assessment Administration	5,000.00	-	5,000.00	5,000.00	12,500.00	
Reamortization Schedules	-	500.00	500.00	500.00	500.00	
Audit	1,000.00	5,000.00	6,000.00	6,000.00	6,500.00	
Travel and Per Diem	131.55	93.96	225.51	500.00	500.00	
Telephone	-	208.33	208.33	500.00	500.00	
Postage & Shipping	18.64	13.31	31.95	300.00	300.00	
Copies	-	416.67	416.67	1,000.00	1,000.00	
Legal Advertising	989.88	707.06	1,696.94	1,000.00	2,500.00	
Miscellaneous	-	208.33	208.33	500.00	500.00	
Office Supplies	-	62.50	62.50	150.00	-	
Property Taxes	-	-	-	-	-	
Web Site Maintenance	700.00	1,700.00	2,400.00	2,400.00	2,700.00	
Dues, Licenses, and Fees	175.00	-	175.00	175.00	175.00	
General Liability Insurance	3,828.00	1,276.00	5,104.00	6,000.00	6,000.00	
Property & Casualty	94,691.25	31,563.75	126,255.00	112,000.00	150,000.00	
Deficit Funding/Longboard	-		1,277,760.00		1,277,760.00		1,277,760.00		1,277,760.00	
Total General & Administrative Expenses	$	169,848.91		$ 1,353,991.95		$ 1,523,840.86		$ 1,520,785.00		$ 1,569,435.00	

Total Expenses	 $	169,848.91 		
  $ 1,353,991.95 		
   $ 1,523,840.86 		
   $ 1,520,785.00 		
   $ 1,569,435.00 	

Income (Loss) from Operations	$	(53,570.34)		
$	50,379.30		
$	(3,191.04)		
$	-	$	(500.00)	
ther Income (Expense)
Interest Income	$	1,861.44	$	1,329.60	$	3,191.04	$	-	$	500.00	
Total Other Income (Expense)	$	1,861.44		$	1,329.60		$	3,191.04		$	-	$	500.00	

General & Administrative Expenses

O

Net Income (Loss)

$	(51,708.90)

$	51,708.90	$	-	$	-	$	-

    

Grove Resort Community Development District FY 2020-2021 Debt Service Proposed Budget

	FY 2021
Proposed DS Budget	
REVENUES:		
Series 2017A	$	1,313,531.25	
Series 2017B	11,130,000.00	
TOTAL REVENUES	  $ 12,443,531.25 	

EXPENDITURES:		
Series 2017A - Interest 11/1/2020	$	369,593.75	
Series 2017A - Interest 5/1/2021	364,468.75	
Series 2017A - Principal 5/1/2021	215,000.00	
Series 2017B - Interest 11/1/2020	315,000.00	
Series 2017B - Interest 5/1/2021	315,000.00	
Series 2017B - Principal 5/1/2021	10,500,000.00	
TOTAL EXPENDITURES	  $ 12,079,062.50 	

EXCESS REVENUES (Series 2017A - Interest 11/1/2021)	

  $	364,468.75 	

Grove Resort Community Development District

Resolution 2020-06

RESOLUTION 2020-06

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT ADOPTING AN INTERNAL CONTROLS POLICY CONSISTENT WITH SECTION 218.33, FLORIDA STATUTES; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Grove Resort 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 Orange County, Florida; and

WHEREAS, consistent with Section 218.33, Florida Statutes, the District is statutorily required to establish and maintain internal controls designed to prevent and detect fraud, waste, and abuse as defined in Section 11.45(1), Florida Statutes; promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices; support economical and efficient operations; ensure reliability of financial records and reports; and safeguard assets; and

WHEREAS, to demonstrate compliance with Section 218.33, Florida Statutes, the District desires to adopt by resolution the Internal Controls Policy attached hereto as Exhibit A.

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

SECTION 1. The attached Internal Controls Policy attached hereto as Exhibit A is hereby adopted pursuant to this Resolution.

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 	DAY OF 	, 2020.

ATTEST:	GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

EXHIBIT “A”

GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT INTERNAL CONTROLS POLICY

Purpose.

The purpose of this internal controls policy is to establish and maintain internal controls for the Grove Resort Community Development District.

Consistent with Section 218.33(3), Florida Statutes, the internal controls adopted herein are designed to:

Prevent and detect Fraud, Waste, and Abuse (as hereinafter defined).

Promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices.

Support economical and efficient operations.

Ensure reliability of financial records and reports.

Safeguard Assets (as hereinafter defined).

Definitions.

“Abuse” means behavior that is deficient or improper when compared with behavior that a prudent person would consider a reasonable and necessary operational practice given the facts and circumstances. The term includes the misuse of authority or position for personal gain.

“Assets” means District assets such as cash or other financial resources, supplies, inventories, equipment and other fixed assets, real property, intellectual property, or data.

“Auditor” means the independent auditor (and its employees) retained by the District to perform the annual audit required by state law.

“Board” means the Board of Supervisors for the District.

“District Management” means (i) the independent contractor (and its employees) retained by the District to provide professional district management services to the District and (ii) any other independent contractor (and its employees) separately retained by the District to provide amenity management services, provided said services include a responsibility to safeguard and protect Assets.

“Fraud” means obtaining something of value through willful misrepresentation, including, but not limited to, intentional misstatements or intentional omissions of amounts or disclosures in financial statements to deceive users of financial statements, theft of an entity’s assets, bribery, or the use of one’s position for personal enrichment through the deliberate misuse or misapplication of an organization’s resources.

“Internal Controls” means systems and procedures designed to prevent and detect fraud, waste, and abuse; promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices; support economical and efficient operations; ensure reliability of financial records and reports; and safeguard assets.

“Risk” means anything that could negatively impact the District’s ability to meet its goals and objectives. The term includes strategic, financial, regulatory, reputational, and operational risks.

“Waste” means the act of using or expending resources unreasonably, carelessly, extravagantly, or for no useful purpose.

Control Environment.

Ethical and Honest Behavior.

District Management is responsible for maintaining a work environment that promotes ethical and honest behavior on the part of all employees, contractors, vendors and others.

Managers at all levels must behave ethically and communicate to employees and others that they are expected to behave ethically.

Managers must demonstrate through words and actions that unethical behavior will not be tolerated.

Risk Assessment.

Risk Assessment. District Management is responsible for assessing Risk to the District. District Management’s Risk assessments shall include, but not be limited to:

Identifying potential hazards.

Evaluating the likelihood and extent of harm.

Identifying cost-justified precautions and implementing those precautions.

Control Activities.

Minimum Internal Controls. The District hereby establishes the following minimum Internal Controls to prevent and detect Fraud, Waste, and Abuse:

Preventive controls designed to forestall errors or irregularities and thereby avoid the cost of corrections. Preventive control activities shall include, but not be limited to, the following:

Identifying and segregating incompatible duties and/or implementing mitigating controls.

Performing accounting functions in accordance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB) standards.

Requiring proper authorizations to access and/or modify accounting software.

Implementing computerized accounting techniques (e.g. to help identify coding errors, avoid duplicate invoices, etc.).

Maintaining a schedule of the District’s material fixed Assets.

Maintaining physical control over the District’s material and vulnerable Assets (e.g. lock and key, computer passwords, network firewalls, etc.).

Retaining and restricting access to sensitive documents.

Performing regular electronic data backups.

Detective controls designed to measure the effectiveness of preventive controls and to detect errors or irregularities when they occur. Detective control activities shall include, but not be limited to, the following:

Preparing financial reports in accordance with Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB) standards.

Reviewing financial statements and investigating any material variances between budgeted expenses and actual expenses.

Establishing and implementing periodic reconciliations of bank, trust, and petty cash accounts.

Establishing an internal protocol for reporting and investigating known or suspected acts of Fraud, Waste, or Abuse.

Engaging in periodic physical inventory counts and comparisons with inventory records.

Monitoring all ACH (electronic) transactions and the sequencing of checks.

Implementation. District Management shall implement the minimum Internal Controls described herein. District Management may also implement additional Internal Controls that it deems advisable or appropriate for the District. The specific ways District Management implements these minimum Internal Controls shall be consistent with Generally Accepted Accounting Principles (GAAP) and otherwise conform to Governmental Accounting Standards Board (GASB) and American Institute of Certified Public Accountants (AICPA) standards and norms.

Information and Communication.

Information and Communication. District Management shall communicate to its employees (needing to know) information relevant to the Internal Controls, including but not limited to any changes to the Internal Controls and/or changes to laws, rules, contracts, grant agreements, and best practices.

Training. District Management shall regularly train its employees (needing the training) in connection with the Internal Controls described herein and promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices.

Monitoring Activities.

Internal Reviews. District Management shall internally review the District’s Internal Controls at least once per year. In connection with this internal review, District Management shall:

Review its operational processes.

Consider the potential risk of Fraud, Waste, or Abuse inherent in each process.

Identify the controls included in the process, or controls that could be included, that would result in a reduction in the inherent risk.

Assess whether there are Internal Controls that need to be improved or added to the process under consideration.

Implement new controls or improve existing controls that are determined to be the most efficient and effective for decreasing the risk of Fraud, Waste or Abuse.

Train its employees on implemented new controls or improvements to existing controls.

External Audits and Other Reviews. Audits and other reviews may be performed on various components of the District’s Internal Controls by the Auditor consistent with Government Auditing Standards (GAS). Audits may identify material deficiencies in the Internal Controls and make recommendations to improve them. District Management shall communicate and cooperate with the Board and the Auditor regarding the potential implementation of Auditor recommendations.

Specific Authority: Sections 190.011(5), 218.33(3), Florida Statutes
Effective date: 	, 2020

M  E  M  O  R  A  N  D  U M

To:	Board of Supervisors
Grove Resort Community Development District

From:	Sarah R. Sandy

Re:	Implementation of Chapter 2019-15, Fla. Stat. (CS for SB 7014) Auditing Requirements

Date:	March 5, 2020

Legislation enacted in 2019 requires “local governmental entities” (including CDDs) to establish and maintain internal controls designed to:

Prevent and detect fraud, waste, and abuse
Promote and encourage compliance with applicable laws, rules, contracts, grant agreements, and best practices
Support economical and efficient operations
Ensure reliability of financial records and reports
Safeguard assets

Please refer to Ch. 2019-15, Laws of Fla., codified in relevant part in Section 218.33(3), Fla. Stat.

To demonstrate compliance with Section 218.33, Fla. Stat., HGS recommends adoption of the Internal Controls Policy, which HGS has developed in collaboration with several auditors and district management services providers. These policies are attached as Exhibit A to the Internal Controls Policy Resolution.

We hope this memorandum has proven to be helpful and informative. Please do not hesitate to contact us if you have any questions or would like to discuss some aspect of this memorandum further. Thank you.

Post Office Box 6526 Tallahassee, Florida 32314 119 South Monroe Street, Suite 300 (32301) 850.222.7500 850.224.8551 fax www.hgslaw.com

Grove Resort Community Development District

Lease Agreement for The Provision of Food and Beverage Services

FIRST AMENDMENT TO
LEASE AGREEMENT FOR THE PROVISION OF
FOOD AND BEVERAGE SERVICES WITHIN CERTAIN GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT-OWNED AMENITY AREAS

THIS FIRST AMENDMENT TO LEASE AGREEMENT (this “First Amendment”)
is entered into effective  as of 	 	, 2020 (the “Effective Date”), by and between:

GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT, a local unit
of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in Orange County, Florida, with a mailing address of 12051 Corporate Boulevard, Orlando, Florida 32817 (“Landlord”); and

THE GROVE RESORT AND SPA, LLC, a Delaware limited liability company, whose address is 40 Danbury Road, Wilton, CT 06897(“Tenant”).

RECITALS

WHEREAS, Landlord and Tenant entered into that certain Lease Agreement for the Provision of Food and Beverage Services within Certain Grove Resort Community Development District-Owned Amenity Areas dated February 1, 2019 (the “Lease Agreement”), which leased to Tenant the right to provide Food and Beverage Services to guests and patrons within the Amenity Areas;

WHEREAS, paragraph 4 of the Lease Agreement establishes how Tenant is to calculate the monthly rent due to Landlord (the “Rent Provision”);

WHEREAS, the Rent Provision currently requires Tenant, following the First Year of the Lease Agreement, to pay Landlord a monthly fee based upon the following formula: “[d]ivide Tenant’s projected annual gross revenue from Food and Beverage Services within the Amenity Areas by twelve (12), then multiply that figure by ten percent (10%)”; and,

WHEREAS, Landlord and Tenant now desire to amend the Rent Provision, such that Tenant shall pay Landlord a monthly fee based upon actual (not projected) monthly gross revenue figures, and the parties have agreed to execute this First Amendment to reflect such modification to the Lease Agreement.

AGREEMENT

NOW THEREFORE, for and in consideration of the above recitals and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties, it is agreed that:

Incorporation of Recitals. The recitals set forth above are incorporated herein by reference as if set forth fully herein. Unless otherwise defined in this First Amendment, all capitalized terms shall have the meanings ascribed to them in the Lease Agreement.

Amendment of Rent Provision. Paragraph 4 of the Lease Agreement is hereby amended to read as follows (underlined language is added, stricken language is deleted):

RENT; OPERATING COSTS. For the first twelve (12) months of this Agreement (the “First Year”), Tenant shall pay Landlord a monthly fee of Five Hundred Dollars and No Cents ($500.00) for the right to provide Food and Beverage Services within the Amenity Areas. Following the First Year, Tenant shall pay Landlord a monthly fee based upon the following formula: Tenant shall multiply the gross revenue received from Food and Beverage Services within the Amenity Areas for the prior month times ten percent (10%) (the “Monthly Fee”). Tenant shall pay Landlord the Monthly Fee for the prior month no later than the tenth (10th) day of the month. Divide Tenant’s projected annual gross revenue from Food and Beverage Services within the Amenity Areas by twelve (12), then multiply that figure by ten percent (10%). Tenant shall be entitled to any and all proceeds derived from Tenant's provision of Food and Beverage Services to guests and patrons within the Amenity Areas. Further, and as set forth more fully herein, Tenant shall pay all expenses and costs associated with providing the Food and Beverage Services, and accordingly shall assume any and all losses derived from same.

Effect of First Amendment. Except as modified in this First Amendment, there are no changes to the Lease Agreement, and the Lease Agreement as herein modified remains in full force and effect as of the date hereof and is hereby ratified by the parties in all respects. The execution, delivery and effectiveness of this First Amendment shall not operate as a waiver of any right, power or remedy of either party for any default under the Lease Agreement, nor constitute a waiver of any provision of the Lease Agreement. In the event of a conflict between the Lease Agreement and this First Amendment, the terms of this First Amendment shall control.

Counterparts. This First Amendment may be executed by the parties hereto individually or in combination or in one or more counterparts, each of which shall be an original, and all of which shall constitute one and the same instrument. Scanned and emailed or facsimile signatures shall be deemed original and binding on the parties.

[Signatures appear on the following page.]

The Landlord and the Tenant have executed this First Amendment as of the date set forth
above.

Signed, sealed and delivered in the presence of:

Printed Name: 	

Printed Name: 		“LANDLORD”

GROVE RESORT COMMUNITY
DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes

By:	 Name Printed:  	 Title: 		

Signed, sealed and delivered in the presence of:

Printed Name: 	

Printed Name: 		“TENANT”:

THE GROVE RESORT AND SPA, LLC,
a Delaware limited liability company

By: GRANDE PALISADES HOLDINGS III,
a Delaware limited liability company Its Managing Member

By:	 Printed Name: 	 Title: 	
By:	 Printed Name: 	 Title: 		

Grove Resort Community Development District

Discussion and Update Regarding Plan for Re- Opening of the Amenities

ORANGE COUNTY, FLORIDA EMERGENCY EXECUTIVE ORDER NO. 2020-12
REGARDING COVID-19
Reopening Orange County and
Requiring Social Distancing and Face Coverings

Time:	rs-

D_ate:	111,'3/. /1 ;J. c;z o
6,	IrJ, ""1.
WHEREAS, on March 13, 2020, Mayor Jerry L. Demings executed Executive Order 2020-01 declaring a State of Local Emergency under the provisions of Chapter 2, Article IX, Orange County Code, due to the serious public health threat posed by COVID-19; and
WHEREAS, COVID-19 continues to pose an imminent health hazard and an increased risk of infection to residents of the County and healthcare, first responders, and emergency medical service workers caring for patients with COVID-19; and
WHEREAS, COVID-19 is spread amongst the population by various means of exposure, including the propensity to spread person to person and the propensity to attach to surfaces for prolonged periods of time, thereby spreading from surface to person and causing increased infections to persons; and
WHEREAS, public health experts have consistently recommended avoiding close physical interaction between people in order to slow the spread of COVID-19, and the CDC has updated and further restricted its distancing guidelines; and
WHEREAS, on April 16, 2020, the White House and Centers for Disease Control and Prevention ("CDC") released Guidelines for Opening Up America Again, a three-phased approach based on the advice of public health experts; and
WHEREAS, on April 22, 2020, Mayor Jerry L. Demings convened the Orange County Economic Recovery Task Force to make specific recommendations on the process for reopening Orange County; and
WHEREAS, data collected by the State Department of Health and area hospitals indicate a flattening of the curve in Orange County, including a downward trajectory of hospital visits for influenza-like illnesses and COVID-19 like syndromic cases, a decrease in percent-positive test results, and an increase in hospital capacity since March 1, 2020; and

Page 1 of 5

WHEREAS, Chapter 252, Florida Statutes, and Chapter 2, Article IX, Orange County Code, empowers the Director of Emergency Management to exercise certain powers by Executive orders issued by the Director of Emergency Management; and
WHEREAS, this Executive Order is issued to commence the process of reopening Orange County in a phased approach which continues to protect the public health, safety, and welfare of the citizens, residents, and visitors to Orange County.
NOW, THEREFORE,
I, Jerry L. Demings, County Mayor of Orange County, Florida, acting as the Director of Emergency Management, promulgate the following Emergency Executive Order:
Section 1.	Gatherings.
All persons in Orange County should avoid congregating in large groups and should maintain a distance of at least six (6) feet in between persons. Groups of people greater than ten (10) are not permitted to congregate in any public space that does not readily allow for the appropriate social distancing.
Senior citizens and individuals with a significant underlying medical condition (such as chronic lung disease, moderate-to-severe asthma, serious heart conditions, hypertension, immunocompromised status, cancer, diabetes, severe obesity, renal failure and liver disease) are strongly encouraged to stay at home and take all measures to limit the risk of exposure to COVID-19.
Any person who is exhibiting symptoms or who has been diagnosed with COVID-19, or who has interacted with a person exhibiting symptoms or who has been diagnosed with COVID-19, should stay home and consult with their medical provider.
In all activities set forth in each section of this Executive Order, CDC and Occupational Safety and Health Administration ("OSHA") guidelines related to health screenings, temperature checks, sanitizing and washing hands frequently should be followed where applicable.
Section 2. Minimum Standards for Businesses and Places of Assembly. Essential businesses/services under the Governor's Executive Order No. 20-112 may remain open under the following conditions unless precluded by any order issued by the Governor for the State of Florida:
All persons, employees, patrons, and participants must practice social distancing by staying at least six (6) feet apart.

Page 2 of5

Both employees and patrons of businesses that require employees and patrons to be within six (6) feet must wear a face mask or covering, unless the wearing of the patron's face mask or covering would impede the patron's service, in which case only the service provider must wear a face mask or covering.
Employers are encouraged to allow employees who fall under the requirements of Section 1, Subparagraph (b) above the ability to work from home if able; in the alternative, employers are encouraged to provide flexibility with leave time to ensure such employees are protected.
Employers are encouraged to allow any employee who can work remotely the ability to do so.
Business meetings, workshops, and training programs must ensure appropriate social distancing.
Checkout points and staging areas, including storefronts, must be monitored for social distancing requirements by means of marking floors or similar actions to maintain a six (6) foot distance between patrons and employees. Employers should institute measures to physically separate and increase distance between employees and patrons by installing partitions or barrier shields made of plexiglass, plastic, or other similar substance.
Appropriate signage must be posted throughout each physical location reminding patrons and employees to observe the social distancing requirements.
In-store retail sales establishments may open storefronts ifthey operate at no more than twenty-five-percent (25%) of their building occupancy, excluding employees, and abide by the safety guidelines issued by the CDC and OSHA.
Restaurants and food establishments licensed under Chapters 500 or 509, Florida Statutes, may allow on-premises consumption of food and beverage, so long as they adopt appropriate social distancing measures and limit their indoor occupancy to no more than twenty­ five-percent (25%) of their building occupancy, excluding employees. In addition, outdoor dining is permissible with appropriate social distancing. Outdoor dining areas remain subject to county/city zoning requirements and associated conditions for restaurants with outdoor seating. Appropriate social distancing requires maintaining a minimum of six (6) feet between parties, only seating parties of ten (1 0) or fewer people and keeping bar counters closed to seating.
To the extent practicable, single service condiments should be used; provided, however, that if full size condiments are used, containers must be cleaned after each
use. Buffets, salad bars and drink stations will not be permitted.
Reservations are encouraged to ensure occupancy limits are not exceeded for those restaurants that re-:open their indoor dining facilities.

Page 3 of5

Delivery and curb-side pickup are encouraged in lieu of re-opening indoor dining areas when feasible.
Seating areas, counters, doorknobs, and bathrooms and the like must be frequently disinfected.
To the extent practicable, menus should be disinfected between each use. Other alternatives include use of message boards, printed disposable menus, or posting menus on a website or other electronic medium accessible from patron cell phones or other electronic devices. Restaurants shall comply with any other provision of this order that does not conflict with the specific terms contained in this subsection.
Nothing herein prohibits restaurants from instituting any other measures that satisfy the intent of this Executive Order.
Museums and libraries may open at no more than twenty-five-percent (25%) of their building occupancy, excluding employees, and provided, however, that any components of museums or libraries that have interactive functions or exhibits, including child play areas, remain closed.
Section 3.	Religious Services.
Religious services held in churches, synagogues and houses of worship are considered essential activities under the Governor's Executive Orders No. 20-112 and 20-91 and therefore may continue to operate.
Pursuant to the Governor's Executive Order Number 20-112, residents who are 65 and older, or people of any age who have significant underlying medical conditions, are strongly encouraged to stay home, but if they choose to leave their home for . purposes of engaging in religious services, they are hereby advised that they are putting themselves at risk of contracting the COVID-19 virus.
Those who are conducting religious services should encourage their members who are 65 and older, or people of any age who have significant underlying medical conditions, to stay home otherwise it places their members in these categories at risk of contracting the COVID-19 virus.
Those who are conducting religious services are hereby urged to hold such services in one ofthe following ways:
Via electronic means such as Facebook Live, YouTube, Zoom, or other similar platforms, or
Drive-in services so that people can remain in their vehicles.
Page 4 ofS

Religious leaders who decide to conduct religious services have a responsibility to protect the members of their congregations by implementing all CDC guidelines for social distancing and reinforcing the importance of hand washing and use ofhand sanitizers. In-person, indoor religious services should be-limited to no more than ten (1 0) persons.
Anyone who decides to participate in religious services is hereby urged to follow all CDC guidelines including social distancing and repeated hand washing or use of hand sanitizers.
Section 4. Penalties. Anyone who violates this Emergency Executive Order shall upon conviction be punished according to law and shall be subj ect to a fine not exceeding the sum of Five Hundred Dollars ($500.00), or imprisonment in the County jail for a period not exceeding sixty (60) days, or by both such fine and imprisonment. Repeat violations could result in mandatory closure of the business pursuant to Section 2-305(b)(l ), Orange County Code, and other applicable Florida Statutes. This Order is enforceable by any county or municipal law enforcement official.
Section 5. Exceptions. This Order does not apply to employees and patrons of first response, government, healthcare or medical, veterinarian, shelter or rehabilitation, childcare, utility providers, construction, or transit agencies.
Section 6. Applicability. This Order is in addition to the Executive Orders issued by Governor DeSantis. Any provision(s) within this Order that conflict(s) with any State or Federal law or constitutional provisions, or conflict(s) with or is superseded by a current or subsequently­ issued Executive Order of the Governor or the President of the United States, shall be deemed inapplicable and deemed to be severed from this Order, with the -remainder of the Order remaining intact and in full force and effect. This Order applies to incorporated and unincorporated Orange County.
Section 7. Effective Date; Expiration Date. This Order shall become effective on May 4, 2020 at 12:01 am. This Order will remain in effect throughout the State of Local Emergency pursuant to COVID-19, unless earlier rescinded.

O	ORIDA

�

'
B : JerryL.ernings,.	ta�uJty Mayor

Page 5 ofS

Grove Resort Community Development District

Ratification of Agreement between the District and Orange County Property Appraiser

NON-AD VALOREM ASSESSMENT ADMINISTRATION AGREEMENT

An AGREEMENT made this 24th day of October, 2019 between RICK SINGH, CFA, as Orange County Property Appraiser (Property Appraiser) and Grove Resort CDD, (Taxing Authority), and is effective upon  acceptance by both parties and through September 30,   2020.

The Taxing Authority desires to use the services of theProperty Appraiser to maintain non-ad valorem assessments on the tax roll and the Property Appraiser is prepared to do so, on behalf of the Taxing Authority. Each party represents that it has satisfied all conditions necessary to enter into this agreement.

The Property Appraiser agrees to perform the following service for the Taxing Authority:

Create a Non-Ad Valorem Assessment Roll for the Taxing Authority for the 2019 tax roll year using data provided annually to the Property Appraiser's Office by the Taxing Authority per attached Calendar For Implementation Of Non-Ad Valorem Assessment Roll.

Provide the Taxing Authority with a data file in a compatible format on or before April 1, containing all parcels within the boundaries of  the Taxing Authority to be used for the Taxing Authority’s planning purposes in establishing its non-ad valorem assessments. Provide subsequent files or reports at request of the Taxing Authority.

Receive from the Taxing Authority its proposed or adopted non-ad valorem assessment levy for each type of property and extend that amount against each parcel of real property as stipulated by Taxing Authority.

Include the Taxing Authority’s non-ad valorem assessments on the Notice Of Proposed Property Taxes And Proposed or Adopted Non-Ad Valorem Assessments mailed to all property owners in August of each year.

Receive from the Taxing Authority, corrections or changes to the roll and update the Non-Ad Valorem Assessment Roll for tax bills  on or  before  September 15 of each year, the statutory deadline for certification of non-ad valorem assessments.

Deliver the Taxing Authority’s Non-Ad Valorem Assessment Roll to the Orange County Tax Collector's Office so that tax bills mailed on or about November 1 will include the Taxing Authority’s non-ad valorem assessment levies.

Taxing Authority agrees to perform the following acts in connection with this agreement:

Advise the property owners within the Taxing Authority in an appropriate and lawful manner of the Taxing Authority’s intention to utilize the Uniform non-ad valorem assessment method described in Sections 197.3631 through 197.3635, Florida Statutes, and carry out its responsibilities under said sections.

Timely provide the Property Appraiser with information required to prepare the Uniform Non-Ad Valorem Assessment Roll per  the  Calendar For  Implementation Of Non-Ad Valorem Assessment Roll.

Advise the property owners within the Taxing Authority as appropriate that the Property Appraiser's office is acting in a ministerial capacity for the Taxing Authority in connection with the non-ad valorem assessments.

Preparation and delivery of certificate of corrections directly to Tax Collector, with copy to Property Appraiser, for any corrections to a certified final tax roll.

The Taxing Authority shall use its best efforts in furnishing the Property Appraiser with up- to-date data concerning its boundaries, proposed assessments and other information as requested from time to time by the Property Appraiser and necessary to facilitate his making the assessment in question. The Property Appraiser shall, using the information provided by the Taxing Authority, place the District’s non-ad valorem assessments, as made from time to time and certified to him, on properties within the district.

The Property Appraiser shall be compensated by the Taxing Authority for the administrative costs incurred in carrying out this Agreement. These costs include, but are not limited to labor, printing, forms, office supplies, computer equipment usage, postage, programming or any other associated costs.

On October 21, 2019, an administrative fee will be invoiced to the Taxing Authority equivalent to $1 per parcel assessed with a non-ad valorem tax. Parcel counts supporting the invoiced fee will be determined based upon the most current certified non-ad valorem assessment roll. Any new assessments added to the tax roll that were not previously certified and invoiced an administrative fee, will be separately invoiced on or around July 15 and prior to mailing of the Notice of Proposed Property Taxes in August.

The specific duties to be performed under this agreement and their respective timeframes are contained in the Calendar For Implementation Of Non-Ad Valorem Assessment Roll, which is incorporated herein by reference.

This agreement constitutes the entire agreement between the parties and can only be modified in writing.
All parts of this Agreement not held unenforceable for any reason shall be given full force and effect.

All communications required by this agreement shall be in writing and sent by first class mail, email or facsimile to the other party.

Notices to the Taxing Authority shall be addressed to: Grove Resort CDD
Amanda Lane Fishkind & Associates 12051 Corporate Blvd.
Orlando, FL 32817 amandal@fishkind.com (407)382-3256

Notices to the Property Appraiser shall be addressed to: Carmen Crespo, Manager, Finance & Budget Orange County Property Appraiser
200 S. Orange Ave., Suite 1700
Orlando, FL 32801 ccrespo@ocpafl.org (407)836-5353

TERMINATION. This Agreement may be terminated by either party upon written  notice. If terminated on or before April 1, a 100% refund of fee will apply. If terminated between April 2 and July 15, a 50% refund of fee will apply. Property Appraiser will perform no further work after the written termination notice is received.

ORANGE COUNTY PROPERTY APPRAISER

Signed		 Rick Singh, CFA

Date 	

GROVE RESORT CDD

Name 	

Signed 	

Date 	

CALENDAR FOR IMPLEMENTATION OF NON-AD VALOREM ASSESSMENTS
On or about April 1st - Property Appraiser to provide the Taxing Authority with an electronic file that includes parcel ID and any other information applicable or requested. Taxing Authority may request this file at any time after January 1st, but must understand that many splits/ combos, annexations, etc., may not be reflected early in the tax year and subsequent files may be necessary. If any additional information is required at any time by Taxing Authority, it should be requested of the Property Appraiser by Taxing Authority, allowing for a reasonable turnaround time. The file shall be in an ascii file, text or excel file, unless another format is requested and agreed upon between parties.

June 1
Property Appraiser distributes Best Estimate of Taxable Value to all Taxing Authorities.

July 1
Property Appraiser certifies Preliminary tax roll to all taxing authorities.
Taxing Authority reviews all assessments and provides final approval for Notice of Proposed Property Taxes (TRIM)

July 15
Property Appraiser to invoice Administrative Fee for new parcels, if any, assessed and in excess of prior year certified non-ad valorem assessment roll parcel count.

August 4
Taxing Authority adopts its proposed millage rate and submits to the Property Appraiser for TRIM.

August 24
Last day Property Appraiser can mail TRIM notices to all property owners on the tax roll.

September 3 – October 3
Taxing Authority holds initial a n d f i n a l public budget hearings.

September 15
Taxing Authority certifies final non-ad valorem assessment roll  to Property  Appraiser on  or before September 15 with any changes, additions or deletions  to  the  non-ad  valorem assessment roll since the TRIM notices.

October
Property Appraiser to mail Non-Ad Valorem Assessment Administration Agreement and invoice for non-ad valorem assessment processing for subsequent tax roll, based upon most recent certified non-ad valorem assessment roll parcel count.

Property Appraiser delivers the Taxing Authority non-ad valorem assessment  roll to  the Tax Collector for collection of taxes on November 1 tax bills.

Grove Resort Community Development District

Funding Request Number 20

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Funding Request No. 020

2/27/2020

Item	
Payee	
Invoice	
General	
No.		Number	Fund	

1	
Developer Funding Request			
	2020 Request #1	--	$ 23,880.25	

TOTAL	$ 23,880.25

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Friday, February 28, 2020 1:46 PM
To:	Amanda Lane; Jody Pino; Patricia Brown; Sherri Morrow
Subject:	RE: Grove Resort - funding request #20

 EXTERNAL EMAIL: Use care with links and attachments.	

ok

Kevin Mays

Chief Operating Officer

Mobile 407.484.5814
kmays@btipartners.com

14501 Grove Resort Avenue Orlando, FL 34787

www.BTIPartners.com www.GroveResort.com www.MarinaPointe.com www.WestshoreMarinaDistrict.com

THIS COMMUNICATION CONTAINS PRIVILEGED AND CONFIDENTIAL INFORMATION. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER IMMEDIATELY. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR PART OF IT IS STRICTLY PROHIBITED; DELETE THIS MESSAGE AND ALL COPIES AND BACKUPS THEREOF. THE INFORMATION PROVIDED IN THIS COMMUNICATION IS FOR ILLUSTRATION PURPOSES
ONLY. THE INFORMATION IS NOT WARRANTED, AND SHOULD NOT BE RELIED UPON FOR ANY REASON. IT IS THE RECIPIENTS RESPONSIBILITY TO PERFORM ANY & ALL DUE DILIGENCE.

From: Amanda Lane <lanea@pfm.com>
Sent: Thursday, February 27, 2020 12:06 PM
To: Jody Pino <jpino@groveresort.com>; Kevin Mays <kmays@btipartners.com>; Patricia Brown
<PBrown@btipartners.com>; Sherri Morrow <smorrow@btipartners.com>
Subject: Grove Resort - funding request #20

All,

Please see attached for Funding Request #20 for Grove Resort. The amount being requested is 25% of the developer contribution line item from the adopted FY 2020 budget.
Please let me know if you need anything else from me in order to process. Thank you! Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

1

Grove Resort Community Development District

Payment Authorization Numbers 78-87

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 078

2/21/2020

Item	
Payee	
Invoice	
General	
No.		Number	Fund	

1	
Hopping Green & Sams			
	General Counsel Through 01/31/2020	112771	$ 15,077.08	
	Phase 4 Financing Counsel Through 01/31/2020	112772	$	464.00	
	2019 Real Estate Taxes Counsel Through 01/31/2020	112773	$ 9,133.50	
2	PFM Group Consulting			
	DM Fee: February 2020	DM-02-2020-0027	$ 2,083.33	
	Website Fee: February 2020	DM-02-2020-0028	$	100.00	

TOTAL	$ 26,857.91

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Saturday, February 22, 2020 3:05 PM
To:	Amanda Lane; Jody Pino; Patricia Brown; Sherri Morrow
Subject:	RE: Grove Resort - PA #78

 EXTERNAL EMAIL: Use care with links and attachments.	

These are approved

From: Amanda Lane <lanea@pfm.com>
Sent: Friday, February 21, 2020 5:34 PM
To: Jody Pino <jpino@groveresort.com>; Kevin Mays <kmays@btipartners.com>; Patricia Brown
<PBrown@btipartners.com>; Sherri Morrow <smorrow@btipartners.com>
Subject: Grove Resort - PA #78

All,

Please see attached for Payment Authorization(s) #78 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 079
2/28/2020

Item	Payee	Invoice	General
No.	Number	Fund

1	PFM Group Consulting
Billable Expenses	108444	$
January Reimbursables	OE-EXP-00674	$

53.31
13.22

TOTAL	$	66.53

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Monday, March 2, 2020 9:08 AM
To:	Amanda Lane; Jody Pino; Patricia Brown; Sherri Morrow
Subject:	RE: Grove Resort - PA #79

 EXTERNAL EMAIL: Use care with links and attachments.	

Ok to pay

Kevin Mays

Chief Operating Officer

Mobile 407.484.5814
kmays@btipartners.com

14501 Grove Resort Avenue Orlando, FL 34787

www.BTIPartners.com www.GroveResort.com www.MarinaPointe.com www.WestshoreMarinaDistrict.com

THIS COMMUNICATION CONTAINS PRIVILEGED AND CONFIDENTIAL INFORMATION. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER IMMEDIATELY. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR PART OF IT IS STRICTLY PROHIBITED; DELETE THIS MESSAGE AND ALL COPIES AND BACKUPS THEREOF. THE INFORMATION PROVIDED IN THIS COMMUNICATION IS FOR ILLUSTRATION PURPOSES
ONLY. THE INFORMATION IS NOT WARRANTED, AND SHOULD NOT BE RELIED UPON FOR ANY REASON. IT IS THE RECIPIENTS RESPONSIBILITY TO PERFORM ANY & ALL DUE DILIGENCE.

From: Amanda Lane <lanea@pfm.com>
Sent: Sunday, March 1, 2020 2:43 PM
To: Jody Pino <jpino@groveresort.com>; Kevin Mays <kmays@btipartners.com>; Patricia Brown
<PBrown@btipartners.com>; Sherri Morrow <smorrow@btipartners.com>
Subject: Grove Resort - PA #79

All,

Please see attached for Payment Authorization(s) #79 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 080

3/13/2020

Item	
Payee	
Invoice	
General	
No.		Number	Fund	

1	
Florida Municipal Insurance Trust			
	Insurance	1495-3	$ 32,839.75	
2	Orlando Sentinel			
	Legal Advertising on 02/18/2020	OSC16990835	$	230.00	
3	PFM Group Consulting			
	DM Fee: March 2020	DM-03-2020-0027	$ 2,083.33	
	Website Fee: March 2020	DM-03-2020-0028	$	100.00	

TOTAL	$ 35,253.08

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Monday, March 16, 2020 8:42 AM
To:	Amanda Lane; Jody Pino; Patricia Brown; Sherri Morrow
Subject:	RE: Grove Resort - PA #80

 EXTERNAL EMAIL: Use care with links and attachments.	

ok

Kevin Mays

Chief Operating Officer

Mobile 407.484.5814
kmays@btipartners.com

14501 Grove Resort Avenue Orlando, FL 34787

www.BTIPartners.com www.GroveResort.com www.MarinaPointe.com www.WestshoreMarinaDistrict.com

THIS COMMUNICATION CONTAINS PRIVILEGED AND CONFIDENTIAL INFORMATION. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER IMMEDIATELY. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR PART OF IT IS STRICTLY PROHIBITED; DELETE THIS MESSAGE AND ALL COPIES AND BACKUPS THEREOF. THE INFORMATION PROVIDED IN THIS COMMUNICATION IS FOR ILLUSTRATION PURPOSES
ONLY. THE INFORMATION IS NOT WARRANTED, AND SHOULD NOT BE RELIED UPON FOR ANY REASON. IT IS THE RECIPIENTS RESPONSIBILITY TO PERFORM ANY & ALL DUE DILIGENCE.

From: Amanda Lane <lanea@pfm.com>
Sent: Saturday, March 14, 2020 9:39 AM
To: Jody Pino <jpino@groveresort.com>; Kevin Mays <kmays@btipartners.com>; Patricia Brown
<PBrown@btipartners.com>; Sherri Morrow <smorrow@btipartners.com>
Subject: Grove Resort - PA #80

All,

Please see attached for Payment Authorization(s) #80 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 081
3/20/2020

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Hopping Green & Sams
General Counsel Through 02/29/2020	

113405	

$ 1,442.75	
	2019 Real Estate Taxes Counsel Through 02/29/2020	113406	$	720.00	

TOTAL	$ 2,162.75

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Friday, March 20, 2020 3:38 PM
To:	Amanda Lane; Jody Pino; Patricia Brown; Sherri Morrow
Subject:	RE: Grove Resort - PA #81

 EXTERNAL EMAIL: Use care with links and attachments.	

ok

Kevin Mays

Chief Operating Officer

Mobile 407.484.5814
kmays@btipartners.com

14501 Grove Resort Avenue Orlando, FL 34787

www.BTIPartners.com www.GroveResort.com www.MarinaPointe.com www.WestshoreMarinaDistrict.com

THIS COMMUNICATION CONTAINS PRIVILEGED AND CONFIDENTIAL INFORMATION. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER IMMEDIATELY. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR PART OF IT IS STRICTLY PROHIBITED; DELETE THIS MESSAGE AND ALL COPIES AND BACKUPS THEREOF. THE INFORMATION PROVIDED IN THIS COMMUNICATION IS FOR ILLUSTRATION PURPOSES
ONLY. THE INFORMATION IS NOT WARRANTED, AND SHOULD NOT BE RELIED UPON FOR ANY REASON. IT IS THE RECIPIENTS RESPONSIBILITY TO PERFORM ANY & ALL DUE DILIGENCE.

From: Amanda Lane <lanea@pfm.com>
Sent: Friday, March 20, 2020 3:11 PM
To: Jody Pino <jpino@groveresort.com>; Kevin Mays <kmays@btipartners.com>; Patricia Brown
<PBrown@btipartners.com>; Sherri Morrow <smorrow@btipartners.com>
Subject: Grove Resort - PA #81

All,

Please see attached for Payment Authorization(s) #81 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 082
3/27/2020

Item	Payee	Invoice	General
No.	Number	Fund

1	PFM Group Consulting
January Reimbursables	108805

$	17.40

TOTAL	$	17.40

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Saturday, March 28, 2020 12:00 PM
To:	Amanda Lane
Cc:	Jody Pino; Patricia Brown; Sherri Morrow
Subject:	Re: Grove Resort - PA #82

 EXTERNAL EMAIL: Use care with links and attachments.	 Approved
Sent from my iPhone

On Mar 28, 2020, at 11:21 AM, Amanda Lane <lanea@pfm.com> wrote:

All,

Please see attached for Payment Authorization(s) #82 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

<GR - PA 082.pdf>

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 083

4/3/2020

Item	
Payee	
Invoice	
General	
No.		Number	Fund	

1	
Orange County Property Appraiser			
	Non-Ad Valorem Assessment Administrative Fee	1420	$	878.00	
2	PFM Group Consulting			
	March Reimbursables	108938	$	60.84	

TOTAL	$	938.84

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Friday, April 3, 2020 5:28 PM
To:	Amanda Lane; Jody Pino; Patricia Brown; Sherri Morrow
Subject:	RE: Grove Resort - PA #83

 EXTERNAL EMAIL: Use care with links and attachments.	

approved

From: Amanda Lane <lanea@pfm.com>
Sent: Friday, April 3, 2020 5:27 PM
To: Jody Pino <jpino@groveresort.com>; Kevin Mays <kmays@btipartners.com>; Patricia Brown
<PBrown@btipartners.com>; Sherri Morrow <smorrow@btipartners.com>
Subject: Grove Resort - PA #83

All,

Please see attached for Payment Authorization(s) #83 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 084
4/10/2020

Item	Payee	Invoice	General
No.	Number	Fund

1	Carr Riggs & Ingram
Audit FY 2019	
16866975	
$	
1,000.00	

2	Kimley-Horn and Associates
Engineering Services Through 03/31/2020	

16237108	

$	287.65	
3	PFM Group Consulting
Series 2017AB Dissemination Fees: 01/2020 - 09/2020	
DA-04-2020-0013	
$ 3,750.00	

TOTAL	$ 5,037.65

Secretary / Assistant Secretary	Chairperson

c/o Fishkind & Associates, Inc.
12051 Corporate Boulevard
Orlando, FL 32817
(407) 382-3256

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Wednesday, April 15, 2020 3:11 PM
To:	Amanda Lane; Jody Pino; Patricia Brown; Sherri Morrow
Subject:	RE: Grove Resort - PA #84

 EXTERNAL EMAIL: Use care with links and attachments.	

Approved

Kevin Mays

Chief Operating Officer

Mobile 407.484.5814
kmays@btipartners.com

14501 Grove Resort Avenue Orlando, FL 34787

www.BTIPartners.com www.GroveResort.com www.MarinaPointe.com www.WestshoreMarinaDistrict.com

THIS COMMUNICATION CONTAINS PRIVILEGED AND CONFIDENTIAL INFORMATION. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE TO DELIVER IT TO THE INTENDED RECIPIENT, PLEASE CONTACT THE SENDER IMMEDIATELY. YOU ARE HEREBY NOTIFIED THAT ANY DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION OR PART OF IT IS STRICTLY PROHIBITED; DELETE THIS MESSAGE AND ALL COPIES AND BACKUPS THEREOF. THE INFORMATION PROVIDED IN THIS COMMUNICATION IS FOR ILLUSTRATION PURPOSES
ONLY. THE INFORMATION IS NOT WARRANTED, AND SHOULD NOT BE RELIED UPON FOR ANY REASON. IT IS THE RECIPIENTS RESPONSIBILITY TO PERFORM ANY & ALL DUE DILIGENCE.

From: Amanda Lane <lanea@pfm.com>
Sent: Saturday, April 11, 2020 6:23 PM
To: Jody Pino <jpino@groveresort.com>; Kevin Mays <kmays@btipartners.com>; Patricia Brown
<PBrown@btipartners.com>; Sherri Morrow <smorrow@btipartners.com>
Subject: Grove Resort - PA #84

All,

Please see attached for Payment Authorization(s) #84 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 085
4/17/2020

Item
No.	Payee	Invoice
Number	General
Fund	

1	
Orlando Sentinel
Legal Advertising on 03/02/2020	

OSC18480680	

$	230.67	
2	West Orange Times c/o Business Observer
Legal Advertising on 04/09/2020	
20-01634W	
$	126.18	

TOTAL	$	356.85

Secretary / Assistant Secretary	Chairperson

c/o Fishkind & Associates, Inc.
12051 Corporate Boulevard
Orlando, FL 32817
(407) 382-3256

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Saturday, April 18, 2020 8:06 PM
To:	Amanda Lane
Cc:	Jody Pino; Patricia Brown; Sherri Morrow
Subject:	Re: Grove Resort - PA #85

 EXTERNAL EMAIL: Use care with links and attachments.	 Approved. Thanks.
Sent from my iPhone

On Apr 18, 2020, at 8:01 PM, Amanda Lane <lanea@pfm.com> wrote:

All,

Please see attached for Payment Authorization(s) #85 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

<GR - PA 085.pdf>

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 086
4/24/2020

Item
No.	Payee	Invoice
Number	General
Fund	

1	
PFM Group Consulting
DM Fee: April 2020	

DM-04-2020-0027	

$ 2,083.33	
	Website Fee: April 2020	DM-04-2020-0028	$	100.00	

TOTAL	$ 2,183.33

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Saturday, April 25, 2020 10:55 PM
To:	Amanda Lane
Cc:	Jody Pino; Patricia Brown; Sherri Morrow
Subject:	Re: Grove Resort - PA #86

 EXTERNAL EMAIL: Use care with links and attachments.	 Ok to pay
Sent from my iPhone

On Apr 24, 2020, at 7:54 PM, Amanda Lane <lanea@pfm.com> wrote:

All,

Please see attached for Payment Authorization(s) #86 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

<GR - PA 086.pdf>

1

GROVE RESORT
C O M M U N I T Y	D E V E L O P M E N T	D I S T R I C T

Payment Authorizations No. 087

5/1/2020

Item	
Payee	
Invoice	
General	
No.		Number	Fund	

1	
Hopping Green & Sams			
	General Counsel Through 03/31/2020	114295	$ 4,000.81	
	2019 Real Estate Taxes Counsel Through 03/31/2020	114296	$	396.00	

TOTAL	$ 4,396.81

Secretary / Assistant Secretary	Chairperson

c/o PFM Group Consulting 12051 Corporate Boulevard
Orlando, FL 32817
(407) 723-5900

Amanda Lane

From:	Kevin Mays <kmays@btipartners.com>
Sent:	Friday, May 1, 2020 10:48 PM
To:	Amanda Lane
Cc:	Jody Pino; Patricia Brown; Sherri Morrow
Subject:	Re: Grove Resort - PA #87

 EXTERNAL EMAIL: Use care with links and attachments.	 Approved.
Sent from my iPhone

On May 1, 2020, at 5:51 PM, Amanda Lane <lanea@pfm.com> wrote:

All,

Please see attached for Payment Authorization(s) #87 for Grove Resort. Please provide authorization to pay (via email or signed cover sheet). If you have any questions, please let me know.

Amanda Lane
Assistant Chief District Accountant

PFM Group Consulting LLC
LaneA@pfm.com | phone 407.723.5900 | fax 407.723.5901 | web pfm.com 12051 Corporate Blvd. | Orlando, FL 32817

<GR - PA 087.pdf>

1

GROVE RESORT COMMUNITY DEVELOPMENT DISTRICT

Review of District’s Financial Position

Grove Resort CDD
Statement of Financial Position As of 4/30/2020

General Fund

Debt Service Fund

Debt Service Fund - B

Capital Projects Fund

Capital Projects Fund - B

General Long	Total Term Debt

Assets

Current Assets

General Checking Account	$347,622.23												$347,622.23	
Assessments Receivable	68,620.82												68,620.82	
Assessments Receivable			$440,701.13										440,701.13	
Debt Service Reserve A1 Bond			947,437.50										947,437.50	
Revenue A1 Bond			176,049.33										176,049.33	
Interest A1 Bond			369,608.19										369,608.19	
Principal A1 Bond			7.52										7.52	
Due From Other Funds					$344,074.55								344,074.55	
Debt Service Reserve B1 Bond					3,000,000.00								3,000,000.00	
Interest B1 Bond					357,298.65								357,298.65	
Prepayment B1 Bond					4,034.71								4,034.71	
Prepayment B2 Bond					1,502,803.74								1,502,803.74	
Acquisition/Construction A1 Bond							$20,345.97						20,345.97	
Acquisition/Construction B1 Bond									$177,754.23				177,754.23	
Total Current Assets	$416,243.05		$1,933,803.67		$5,208,211.65		$20,345.97		$177,754.23		$0.00		$7,756,358.57	

Investments
Amount Available in Debt Service Funds											

$6,357,239.64		

$6,357,239.64	
Amount To Be Provided											18,382,760.36		18,382,760.36	
Total Investments	$0.00		$0.00		$0.00		$0.00		$0.00		$24,740,000.00		$24,740,000.00	
Total Assets	$416,243.05		$1,933,803.67		$5,208,211.65		$20,345.97		$177,754.23		$24,740,000.00		$32,496,358.57	

Grove Resort CDD
Statement of Financial Position As of 4/30/2020

General Fund

Debt Service Fund

Debt Service Fund - B

Capital Projects Fund

Capital Projects Fund - B

General Long	Total Term Debt

Liabilities and Net Assets

Current Liabilities
Accounts Payable	
$363,565.70												
$363,565.70	
Deferred Revenue	68,620.82												68,620.82	
Deferred Revenue			$440,701.13										440,701.13	
Total Current Liabilities	$432,186.52		$440,701.13		$0.00		$0.00		$0.00		$0.00		$872,887.65	

Long Term Liabilities
Revenue Bonds Payable - Long-Term											

$24,740,000.00		

$24,740,000.00	
Total Long Term Liabilities	$0.00		$0.00		$0.00		$0.00		$0.00		$24,740,000.00		$24,740,000.00	
Total Liabilities	$432,186.52		$440,701.13		$0.00		$0.00		$0.00		$24,740,000.00		$25,612,887.65	

Net Assets
Net Assets, Unrestricted	

$10,709.52												

$10,709.52	
Current Year Net Assets, Unrestricted	(627.50)												(627.50)	
Net Assets - General Government	25,683.41												25,683.41	
Current Year Net Assets - General Government	(51,708.90)												(51,708.90)	
Net Assets, Unrestricted			$1,065,594.74										1,065,594.74	
Current Year Net Assets, Unrestricted			427,507.80										427,507.80	
Net Assets, Unrestricted					$5,264,745.11								5,264,745.11	
Current Year Net Assets, Unrestricted					(56,533.46)								(56,533.46)	
Net Assets, Unrestricted							$13,322.03						13,322.03	
Current Year Net Assets, Unrestricted							7,023.94						7,023.94	
Net Assets, Unrestricted									$148,334.15				148,334.15	
Current Year Net Assets, Unrestricted									29,420.08				29,420.08	
Total Net Assets	($15,943.47)		$1,493,102.54		$5,208,211.65		$20,345.97		$177,754.23		$0.00		$6,883,470.92	
														
Total Liabilities and Net Assets	$416,243.05		$1,933,803.67		$5,208,211.65		$20,345.97		$177,754.23		$24,740,000.00		$32,496,358.57	

Grove Resort CDD Statement of Activities As of 4/30/2020

General Fund

Debt Service Fund

Debt Service Fund - B

Capital Projects Fund

Capital Projects Fund - B

General Long Term Debt

Total

Revenues

On-Roll Assessments	$78,883.18												$78,883.18	
Off-Roll Assessments	6,368.00												6,368.00	
Developer Contributions	23,880.25												23,880.25	
Other Income & Other Financing Sources	7,147.14												7,147.14	
Inter-Fund Transfers In	(627.50)												(627.50)	
On-Roll Assessments			$506,738.13										506,738.13	
Off-Roll Assessments			35,607.00										35,607.00	
Other Assessments			454,925.99										454,925.99	
Inter-Fund Group Transfers In			(6,823.52)										(6,823.52)	
Off-Roll Assessments					$2,925,740.96								2,925,740.96	
Other Assessments					762,925.01								762,925.01	
Inter-Fund Group Transfers In					(28,431.78)								(28,431.78)	
Inter-Fund Transfers In							$7,451.02						7,451.02	
Inter-Fund Transfers In									$28,431.78				28,431.78	
Total Revenues	$115,651.07		$990,447.60		$3,660,234.19		$7,451.02		$28,431.78		$0.00		$4,802,215.66	

Expenses

Trustee Services	$9,161.80	$9,161.80	
Management	14,583.31	14,583.31	
Engineering	287.65	287.65	
Dissemination Agent	5,000.00	5,000.00	
Property Appraiser	878.00	878.00	
District Counsel	33,403.83	33,403.83	
Assessment Administration	5,000.00	5,000.00	
Audit	1,000.00	1,000.00	
Travel and Per Diem	131.55	131.55	
Postage & Shipping	18.64	18.64	
Legal Advertising	989.88	989.88	
Web Site Maintenance	700.00	700.00	
Dues, Licenses, and Fees	175.00	175.00	
General Liability Insurance	3,828.00	3,828.00	
Property & Casualty	94,691.25	94,691.25	

Grove Resort CDD Statement of Activities As of 4/30/2020

	Fund - B		Debt		
Principal Payments - A Bond			$195,000.00										195,000.00	
Interest Payments - A Bond			374,468.75										374,468.75	
Principal Payments - B Bond					$3,275,000.00								3,275,000.00	
Interest Payments - B Bond					477,300.00								477,300.00	
District Counsel							$525.50						525.50	
Total Expenses	$169,848.91		$569,468.75		$3,752,300.00		$525.50		$0.00		$0.00		$4,492,143.16	

General Fund

Debt Service Fund

Debt Service Fund - B

Capital Projects Fund

Capital Projects

General Long Term

Total

Other Revenues (Expenses) & Gains (Losses)

Interest Income	$1,861.44												$1,861.44	
Interest Income			$6,528.95										6,528.95	
Interest Income					$35,532.35								35,532.35	
Interest Income							$98.42						98.42	
Interest Income									$988.30				988.30	
Total Other Revenues (Expenses) & Gains (Losses)	$1,861.44		$6,528.95		$35,532.35		$98.42		$988.30		$0.00		$45,009.46	
Change In Net Assets	($52,336.40)		$427,507.80		($56,533.46)		$7,023.94		$29,420.08		$0.00		$355,081.96	

Net Assets At Beginning Of Year	
$36,392.93		
$1,065,594.74		
$5,264,745.11		
$13,322.03		
$148,334.15		
$0.00		
$6,528,388.96	

Net Assets At End Of Year	
($15,943.47)		
$1,493,102.54		
$5,208,211.65		
$20,345.97		
$177,754.23		
$0.00		
$6,883,470.92	

Grove Resort CDD
Budget to Actual
For the Month Ending 4/30/2020

Year To Date

Actual	Budget	Variance	FY 2020
Adopted Budget

Revenues		
On-Roll Assessments	$	78,883.18		$	57,330.00		$	21,553.18		$	98,280.00	
Off-Roll Assessments	6,368.00		28,714.00		(22,346.00)		49,224.00	
Developer Contributions	23,880.25		55,720.56		(31,840.31)		95,521.00	
Other Income & Other Financing Sources	7,147.14		-		7,147.14		-	
Developer Contributions - Deficit Funding/Longboard	-		745,360.00		(745,360.00)		1,277,760.00	
Net Revenues	$	116,278.57		$	887,124.56		$ (770,845.99)		$ 1,520,785.00	

General & Administrative Expenses								
Trustee Services	$	9,161.80		$	7,000.00		$	2,161.80		$	12,000.00	
Management	14,583.31		14,583.31		-		25,000.00	
Engineering	287.65		2,916.69		(2,629.04)		5,000.00	
Dissemination Agent	5,000.00		2,916.69		2,083.31		5,000.00	
Property Appraiser	878.00		-		878.00		-	
District Counsel	33,403.83		35,000.00		(1,596.17)		60,000.00	
Assessment Administration	5,000.00		2,916.69		2,083.31		5,000.00	
Reamortization Schedules	-		291.69		(291.69)		500.00	
Audit	1,000.00		3,500.00		(2,500.00)		6,000.00	
Travel and Per Diem	131.55		291.69		(160.14)		500.00	
Telephone	-		291.69		(291.69)		500.00	
Postage & Shipping	18.64		175.00		(156.36)		300.00	
Copies	-		583.31		(583.31)		1,000.00	
Legal Advertising	989.88		583.31		406.57		1,000.00	
Miscellaneous	-		291.62		(291.62)		500.00	
Office Supplies	-		87.50		(87.50)		150.00	
Web Site Maintenance	700.00		1,400.00		(700.00)		2,400.00	
Dues, Licenses, and Fees	175.00		102.06		72.94		175.00	
General Liability Insurance	3,828.00		3,500.00		328.00		6,000.00	
Property & Casualty	94,691.25		65,333.31		29,357.94		112,000.00	
Deficit Funding/Longboard	-		745,360.00		(745,360.00)		1,277,760.00	
Total General & Administrative Expenses	$	169,848.91		$	887,124.56		$ (717,275.65)		$ 1,520,785.00	

Total Expenses

  $	169,848.91 

   $	887,124.56 

   $ (717,275.65)

  $ 1,520,785.00 

Interest Income	$	1,861.44		$	-	$	1,861.44		$	-	
Total Other Income (Expense)	$	1,861.44		$	-	$	1,861.44		$	-	
Net Income (Loss)	$	(51,708.90)		$	-	$	(51,708.90)		$	-	

Income (Loss) from Operations Other Income (Expense)

$	(53,570.34)	$

-	$	(53,570.34)	$	-

Page 1 of 1

Grove Resort Community Development District

Staff Reports