TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
Advanced Meeting Package Regular Meeting
Thursday March 26, 2026
6:00 p.m.

Location: Kayak Club, 100 Kayak Way,
St. Augustine, FL 32092

Note: The Advanced Meeting Package is a working document and thus all materials are considered DRAFTS prior to presentation and Board acceptance, approval or adoption.

Trout Creek Community Development District
c/o Vesta District Services
250 International Parkway, Suite 208 Lake Mary, FL 32746
321-263-0132

Board of Supervisors
Trout Creek Community Development District
Dear Board Members,

The Regular Meeting of the Board of Supervisors of the Trout Creek Community Development
District is scheduled for Thursday, March 26, 2026, at 6:00 p.m. at the Kayak Club, 100 Kayak Way, St. Augustine, FL 32092

An advanced copy of the agenda for the meeting is attached along with associated documentation for your review and consideration. Any additional support material will be distributed at the meeting.

Should you have any questions regarding the agenda, please contact me at (904) 386-0186 or
Howard@cddmanagers.com. We look forward to seeing you at the meeting. Sincerely,
Howard McGaffney
Howard McGaffney District Manager

Cc:	Attorney Engineer District Records

Trout Creek
Community Development District
Meeting Date:	Thursday, March 26, 2026
Time:	6:00 PM
Location:	Kayak Club, 100 Kayak Way, St. Augustine, FL 32092

Agenda
Roll Call
Pledge of Allegiance
Audience Comments – (limited to 3 minutes per individual for agenda items)
Staff Reports
District Counsel
District Engineer – Discussion Topics
Outfall Structure Repair Phase 3 – Chair/DE
Variance Request Policy Updates for Fences with Drainage	Exhibit 1 Easements – DM/DE		Pgs. 7-13
Update on Night Swimming Requirements – DE/GM
Landscape Maintenance Service Reports
Pond Aquatics Service Reports
General/Assistant General Manager	Exhibit 2
Pg. 15
Consideration of Ruppert Landscape Proposals	Exhibit 3
Pgs. 17-26
ENH026109326-05 – Falls Park Sod - $17,922.00
ENH026109326-06 – Falls Park Sod - $11,377.00
ENH026109326-16 – Hill Obstructing Plants -
$14,852.00 (Podocarpus)/$11,699.00 (Trees & Boulders)/$18,828.00 (Podocarpus & Trees)
February Hub Café Square Category Sales Report	Exhibit 4
Pg. 28
February TCCDD Square Category Sales Report	Exhibit 5
Pg. 30
February Café Square Sunday Category Sales Report	Exhibit 6
Pgs. 32-34

IV.

V.	Staff Reports – continued
February Maintenance Report
February Lifestyle Summary Report
February Lifestyle P&L Report
F. District Manager
Business Items	
Exhibit 7
Pgs. 36-63
Exhibit 8
Pgs. 65-66
Exhibit 9
Pgs. 68-69	
	A. Consideration of VGlobal Website Monthly Maintenance, & ADA & WCAG Quarterly Audits Proposal	Exhibit 10
Pgs. 71-85	
	B. Consideration of Previously Presented Janitorial Services Proposals	Exhibit 11	
	CAM Resources
Elite Amenities
eMaids of St. Augustine
FirstService Residential
C. Consideration of Rescheduling May 12th Workshop to May 11th (Budget Workshop)	Exhibit 11A
Pgs. 87-104
Exhibit 11B
Pgs. 105-107
Exhibit 11C
Pgs. 108-109
Exhibit 11D
Pg. 110	
	D. Consideration & Adoption of Resolution 2026-08, Setting Public Hearing Date for Rule Development for 05/28/2026 –	Exhibit 12
Pgs. 112-113	
	Amended/Restating Parking/Towing Rules
Amended/Restated Rules of Procedure
Amended/Restated Amenity Rates/Reservation Fees – To Be Distributed	Exhibit 12A
Pgs. 115-119
Exhibit 12B
Pgs. 121-184
Exhibit 12C	

VI.	4.  Amended/Restated Disciplinary Rule – To Be Distributed
E. Consideration of Spending Authority
F. Update & Consideration of Ratification of CR53
Consent Agenda
A. Consideration for Approval – The Minutes of the Board of Supervisors Regular Meeting Held on February 26, 2026
B. Ratification of Variance Agreement – To Be Distributed	Exhibit 12D
Exhibit 13
Pg. 188

Exhibit 14
Pgs. 190-193
Exhibit 15	

VII.	Discussion Topics		
	A. Survey for New Amenity/Community Improvements – Vice Chair/GM/AGM		
	B. Funding Sources for Future Amenity Improvements – Logan Muether		
	C. Update Regarding Comcast Proposal		
VII.	Discussion Topics – continued		
	D. Videography Agreement		
	E. Pond 29A & 29B		
	F. Ashford Mills Major Modification – Request for Funding Agreement & Coordination with Commercial Owner		

VIII.	G. CR 210-Landscape Replacement by St. Johns County
Discussion of Security Enhancements*	Exhibit 16
Pg. 196	
	*In accordance with sections 119.071(3)(a) and 286.0113(1), Florida Statutes, a portion of the meeting may be closed to the public, as it relates to details of the District’s security system plan. The closed session may occur at any time during the meeting and is expected to last approximately thirty (30) minutes but may end earlier or extend longer.		
IX.	Supervisors’ Requests		
X.
XI.	Audience Comments – (limited to 3 minutes per individual for non-agenda items)
Adjournment		

EXHIBIT 1

Policy for Improvements within Trout Creek Community Development District Easements
Effective: August 20, 2025

If a resident desires to install improvements within a Trout Creek Community Development District
(“District”) Easement, the resident must:
Submit a written variance request to the District Manager or his or her designee prior to commencement of such installation. The request must be made by the owner of the property and must contain, at a minimum, the following information:

The contact information of the person making the variance request;

The lot number or street address of the lot on which the improvement is to be installed;

A description of the improvement(s) to be installed;

A diagram showing the proposed location of the improvement(s); and
The requested commencement date of the installation of said improvement(s).

Pay a non-refundable application fee of $150.00 to offset the cost of processing the variance request. Additional fees may be required if external consultants or special reviews are needed.
The District Engineer shall review the variance request to determine if the proposed improvement(s) would have a negative impact on any District improvements, including the stormwater management system. Such review may include, in the District Engineer’s discretion, conducting an in-person site inspection. The District Engineer shall recommend one of the following actions:
Approve the variance request, with or without conditions; or
Deny the variance request.

If the District Engineer recommends approving the request, District staff shall coordinate execution of a variance agreement in substantially the form attached hereto as Attachment A, with such revisions as may be deemed necessary and approved by District Counsel, in consultation with District staff. The District reserves the right to deny any request, even if recommended for approval by the District Engineer, if other considerations warrant such denial. Upon execution of the agreement, District staff shall record the agreement in the Official Records of St. Johns County. At the conclusion of the installation of any approved improvements, the District Engineer shall conduct a post-installation review to certify that the improvements do not exceed the scope of the approval.

If the District Engineer recommends denying the request, District staff shall notify the applicant that the variance request was denied and that the proposed improvements may not be installed within the District Easement(s).

There shall be no requirement to bring the variance request before the Board of Supervisors for approval, unless extraordinary circumstances warrant Board consideration.
The District’s approval of a variance request constitutes approval from the District only. The resident is responsible for obtaining any other necessary approvals, permits and authorizations, including but

not limited to approvals from any homeowners’ association, St. Johns County, and any other entities having an interest in the property, as applicable.
If improvements are constructed within a District Easement without prior approval, including improvements that exceed the scope of any prior approval, the District reserves the right to require the resident to remove, relocate, or modify the improvement(s) at the resident’s sole expense. If the resident is unresponsive to the District’s requests, the District may remove said improvement(s) on its own and charge the resident the cost of said removal. The District also reserves the right to take any appropriate legal action to enforce its rights under this policy or to collect any costs due.

If improvements are constructed with approval within a District Easement but at some point, in the future, said improvements threaten the health, safety or welfare of residents or District improvements, the District will make every reasonable effort to contact the landowner to work to resolve the issues but may, in its reasonable discretion, modify or remove the landowner’s improvements immediately to protect said interests.

After recording, please return to:

Attachment A
Form of Variance Agreement

Trout Creek Community Development District c/o District Manager
3434 Colwell Avenue, Suite 200
Tampa, FL 33614

Parcel Identification No.: 	

VARIANCE AGREEMENT FOR INSTALLATION OF IMPROVEMENTS WITHIN TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT EASEMENT

This Variance Agreement for Installation of Improvements within Trout Creek Community Development Easement (“Agreement”) is entered into as of this   day of 	, 20  , by and among 	 (“Owner”) and the Trout Creek Community Development District (“District”), a local unit of limited special purpose government created pursuant to Chapter 190, Florida Statutes, as amended.
WITNESSETH:
WHEREAS, Owner is the owner of Lot 	, as per the plat (“Plat”) of 	, recorded as Instrument Number 	, of the Public Records of St. Johns County, Florida (“Property”); and

WHEREAS,   Owner   desires   to   erect   certain   improvements   described as	 (“Improvements”) within a District easement (“Easement”) located on Lot     (“Easement Area”), as shown on the Plat; and

WHEREAS, due to the District’s legal interests in the Easement, among other reasons, Owner
requires the District’s consent before constructing improvements within the Easement; and

WHEREAS, the District has agreed to consent to the installation of the Improvements within the Easement Area, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is understood and agreed as follows:
Recitals. The recitals set forth above are acknowledged as true and correct and are incorporated herein by reference.

Easement for Improvements Installation & Maintenance; Limitation. Subject to the terms of this Agreement, the District hereby grants Owner the right, privilege, and permission to install and maintain removable Improvements on the Easement Area.
Owner Responsibilities. The Owner has the following responsibilities:
The Owner shall be fully responsible for the installation and maintenance of the Improvements.
The Owner shall be responsible for ensuring that the installation and maintenance of the Improvements are conducted in compliance with all applicable laws (including but not limited to building codes, set back requirements, etc.).

District, by entering into this Agreement, does not represent that District has authority to provide all necessary approvals for the installation of the Improvements. Instead, the Owner shall be responsible for obtaining any and all applicable permits and approvals relating to the work (including but not limited to any approvals of any applicable homeowners’ association as well as any other necessary legal interests and approvals).
The Owner shall ensure that the installation and maintenance of the Improvements does not damage any property of District or any third party’s property, and, in the event of any such damage, the Owner shall immediately repair the damage or compensate the District for such repairs, at the District’s option.
Owner’s exercise of rights hereunder shall not interfere with District’s rights under the Easement. For example, if the Improvements include a fence, such fence shall be installed within the Easement a few inches higher than ground level, so as not to impede the flow of water, or shall otherwise be constructed so as not to impede the flow of water. Further, the Improvements shall be installed in such a manner as to not interfere with or damage any culvert pipe that may be located within the Easement, or any utilities within the Utility Easement. It shall be Owner’s responsibility to locate and identify any such stormwater improvements and/or utilities. Further, the Owner shall, at Owner's sole expense, pay a licensed and insured professional contractor to mark any existing improvements and/or utilities prior to installation of the Improvements and shall provide written documentation of such marking to the District prior to beginning any work.
Upon completion of the installation, the Improvements will be owned by the Owner. Owner shall be responsible for the maintenance and repair of any such Improvements and agrees to maintain the Improvements in good condition.
Additionally, the Owner shall keep the Easement Area free from any materialmen’s or mechanic’s liens and claims or notices in respect to such liens and claims, which arise by reason of the Owner’s exercise of rights under this Agreement, and the Owner shall immediately discharge any such claim or lien.
Removal and/or Replacement of Improvements. The permission granted herein is given to Owner as an accommodation and is revocable at any time. Owner acknowledges the legal interest of the District in the Easement(s) described above and agrees never to deny such interest or to interfere in any way with District’s use. Owner will exercise the privilege granted herein at Owner’s own risk and agrees that Owner will never claim any damages against District for any injuries or damages suffered on account of the exercise of such privilege, regardless of the fault or negligence of the District. Owner further acknowledges that, without notice, the District may remove all, or any portion or portions, of the Improvements installed upon the Easement Area at Owner’s expense, and that the District is not obligated to return or re-install the Improvements to their original location and is not responsible for any damage to the Improvements, or their supporting structure as a result of the removal.

Indemnification. Owner agrees to indemnify, defend and hold harmless St. Johns County, the St. Johns River Water Management District, and the District as well as any officers, supervisors, staff, agents and representatives, and successors and assigns, of the foregoing, against all liability for damages, expenses, attorney's fees, and costs resulting from, arising out of, or in any way connected with, this Agreement or the exercise of the privileges granted hereunder, including but not limited to any claims related to property damage, personal injury, or death.

Covenants Run with the Land. This Agreement, and all rights and obligations contained herein, shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns, including, but without limitation, all subsequent owners of any portions of the property described herein and all persons claiming under them. Whenever the word

“Owner” is used herein, it shall be deemed to mean the current owner of the Property and its successors
and assigns.

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

Default. A default by either party under this Agreement – including but not limited to Owner’s failure to meet its obligations under Section 3 above – shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of damages and/or specific performance.

Attorney’s Fees & Costs. The prevailing party in any litigation to enforce the terms of
this Agreement shall be entitled to reasonable attorney’s fees and costs.
Counterparts. This Agreement may be executed in counterparts. Any party hereto may join into this Agreement by executing any one counterpart. All counterparts when taken together shall constitute one agreement.

[THIS SPACE INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and date first above written.
Witnesses:	Owner

By:		By:	 Print Name
By:	

Print Name
STATE OF FLORIDA	)
COUNTY OF 		)

The foregoing instrument was acknowledged before me by means of ▢ physical presence or ▢ online notarization this 	 day of 	, 20	, by 	. He/she ▢ is personally known to me or
▢ produced 	 as identification.

NOTARY PUBLIC

(Print, Type or Stamp Commissioned Name of Notary Public)

[signatures continue on following page]

[SIGNATURE PAGE TO VARIANCE AGREEMENT FOR INSTALLATION OF IMPROVEMENTS WITHIN TROUT CREEK COMMUNITY DEVELOPMENT EASEMENT]

Witnesses:	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT
By:		By:	

Chair of the Board of Supervisors
Print Name

By:	 Print Name

STATE OF FLORIDA	)
COUNTY OF 		)
The foregoing instrument was acknowledged before me by means of ▢ physical presence or ▢ online notarization this    day of 	, 20  , by 		, as Chair of the Board of Supervisors of the Trout Creek Community Development District, on behalf of said district. He/She ▢ is personally known to me or ▢ produced 		 as identification.

NOTARY PUBLIC

(Print, Type or Stamp Commissioned Name of Notary Public)

[end of signature pages]

EXHIBIT 2

Trout Creek CDD
GM/AGM Operations Report for March 26, 2026

Mischief/ Vandalism:
Damage continues to occur to the sod at Falls Park field and 360 Community field from e-bikes, e-scooters and dirt bikes. Staff has already presented remedy options for Falls Park to the Board for consideration; staff is waiting for direction on how to proceed
Maintenance staff removed a 3rd vape from the men’s bathroom urinal in the Fitness Lodge
Administration:
Worked with Vesta on lifeguards schedule for Spring and Summer
Attend and set up for the Special CDD Meeting
Worked with several companies to provide cleaning proposals for Board consideration
Assisted Sunshine State Solutions with the Pergola at North Creek to completion
Worked with Prestige on the tree relocation from the JEA waterline project
FirstService Residential executives meeting to show community progress
Worked with Sterling Specialties and Johnnie Verdell (Maintenance Supervisor) on the gate hinges at the Fitness Lodge
Worked with CBuss to finalize the fun pool resurfacing
Performed employee evaluations
Continued working with FirstService Residential team and Vice Chairperson Loffredo for future amenity possibilities
Attended meeting with Regional Director
Attended FirstService Residential University classes/ training
Worked with landscaping companies and pine straw vendor for continued pine straw project
Attended virtual meetings with FirstService Project Management team on possibilities for the future of TCCDD projects/ amenity additions
Worked with Lifestyle team and 904Tennis on structure of the tennis program/ events
Budget meeting with Supervisor Murphy and DM
Assisted Colden Company with updating the TV in the Café to show a virtual menu for residents/ guests
Attended the virtual South Region Town Hall from FirstService Residential

Reoccurring Meetings/Events:
Property drive with Ruppert Landscape
Property drive with Prestige Landscape
Attended the CDD Workshop Meeting
Monthly meeting with Chairman Clint Wright
Monthly meeting with Supervisor Ronnie Murphy
Monthly meeting with Supervisor Vincent Sajkowski
Monthly meeting with Vice Chairperson Heather Loffredo
Conducted weekly staff meeting (every Thursday)
RecNet monthly meetings
Maintenance inspection with maintenance supervisor (bi-weekly)
Leadership meetings (every Thursday)
Attended the monthly FSR Lifestyle collaboration call

Kayak Hub:
February Square Café Category Sales Report (attached)
February TCCDD Square Sales Report (attached)
February Square Café Sunday Category Sales Report (attached)
Lifestyle:
February Profit & Loss Report (attached)
February Lifestyle Summary Report (attached)
Maintenance/ Vandalism/ Mischief Issues:
February Maintenance Report (attached)

EXHIBIT 3

FILE #: ENH026109326-05

January 09, 2026
322 Paseo Reyes Drive St. Augustine , FL 32095

Attn: Jessicajessica.knutelsky@fsresidential.com
Re: Grading and sod
Ruppert Landscape proposes to furnish all materials, labor, and equipment necessary to perform the following Landscape Enhancement at Trout Creek CDD Phase 2. Specifically, the scope of work shall be as described here in.

Scope of Work: The purpose of this project is to correct existing soil elevation issues and ensure proper surface drainage away from structures and landscaped areas.
Current dirt humps and uneven grading are causing improper water retention. This proposal outlines the removal, regrading, sod installation, and irrigation adjustments needed to achieve positive drainage and healthy turf establishment.

Materials:
Description	Quantity	UM/Size	
St Augustine Sod	18	Pallets	

Miscellaneous:
Description	
Grade/ Demo	
Dumpsters	
Equipment	

Total price* :	$17,922	 Initial

FILE #: ENH026109326-05

Installation of plant material, sod, and seed shall be in accordance with generally excepted state/local industry specifications and guidelines.
Proposal is based on Ruppert Landscape completing the full scope of work in one mobilization, unless otherwise indicated.
Ruppert Landscape will contact the appropriate Utility Locate service for the project area and have all major utilities located prior to the start of our work. The customer will be responsible for locating any private utilities on the property such as site lighting and irrigation systems.
Ruppert Landscape is not liable for damage to, or resulting from, undisclosed subsurface utilities and structures that are not properly identified. If hand digging is required to avoid utilities, Ruppert Landscape will notify the customer immediately and bill for the additional costs on a time and materials basis.
Proposal is based on reasonable access to all areas by construction equipment such as backhoes and skidsteer loaders. If access is restricted, Ruppert Landscape will notify the customer immediately and will bill for additional costs on a time and materials basis.
Proposal is based on all work areas being free of major subsurface obstructions such as rock, hardpan, clay, water, contaminated soils and miscellaneous construction debris that conflict with the completion of our work. If hidden obstructions are encountered, Ruppert Landscape will notify the customer immediately and will bill the additional costs incurred on a time and materials basis.

Ruppert Landscape will not be responsible for damages to existing landscape or structures due to actions or conditions beyond our control including but not limited to: Acts of God, weather, neglect, vandalism, theft, etc.
Proposal based on receiving curb lane access provided by Owner/General Contractor as may be required for Ruppert Landscape installations.
All newly installed plant material shall be covered by a one time, six month replacement warranty, which does not cover acts of God or vandalism, and is contingent upon proper watering and maintenance being provided for by the owner.
Initial watering will be provided upon installation;
Subsequent watering is to be provided by the property owner unless preapproved by the owner as an additional service to be billed on a time plus material basis, at the rates noted below.
Hand-watering by garden hose from a private water source on-site is
$60.00 per hour.
Hand-watering by hose from a metered public source (hydrant) is $70.00 per hour.
Tank-truck watering, from a metered public source (hydrant), is $100 per hour.
Subsequent watering will be provided by Ruppert Landscape on a time and materials basis according to the above-provided rates which supersede all previously provided rates. Frequencies and schedules will be determined by site conditions.
Additional watering:	YES       NO    

FILE #: ENH026109326-05

Terms and Conditions
Pricing does not include state and local taxes but will be invoiced where applicable.
Payment shall be requisitioned upon completion of each rotation and be due, in full, within fifteen (15) days.
Owner agrees to pay for any direct or indirect fees or set-up costs related to the Contractor’s processing of invoices through a third-party servicer, with any such fees or costs being added to the Owner’s invoice as an additional sum owed to the contractor.
A late charge of 1.5% per month will be charged on all amounts 30 days past due. A $30 fee will apply to any returned check. Should Owner choose to pay by credit card, third-party fees associated with this payment type will be covered by the addition of a Convenience Fee, which shall be added to the total transaction amount (the current Convenience Fee is 3.0%). We recommend making payments via check or via ACH, as neither of these forms of payment have any additional costs associated. In addition, ACH offers many of the same conveniences as paying by credit card, but without the added cost.
This proposal shall only be valid for Thirty (30) days. After that time unit prices will need to be readjusted.
If this proposal meets your approval, please sign and return one copy.

My contact information is shown below. If you have any questions please contact me. Thank you.

Acceptance of Proposal:	jessica.knutelsky@fsresidential.com

Ruppert Landscape LLC
Kyle Carasea	Date: 	
813-293-0587 cell
kcarasea@ruppertcompanies.com

FILE #: ENH026109326-06

January 09, 2026
322 Paseo Reyes Drive St. Augustine , FL 32095

Attn: Jessicajessica.knutelsky@fsresidential.com
Re: Sod removal on dirt mounds
Ruppert Landscape proposes to furnish all materials, labor, and equipment necessary to perform the following Landscape Enhancement at Trout Creek CDD Phase 2. Specifically, the scope of work shall be as described here in.

Scope of Work: This proposal is to remove the damaged sod from the dirt mounds.

Materials:
Description	Quantity	UM/Size	
St Augustine sod	18	Pallets	

Miscellaneous:
Description	
Grade/ Demo	

Total price* :	$11,377	 Initial

Installation of plant material, sod, and seed shall be in accordance with generally excepted state/local industry specifications and guidelines.
Proposal is based on Ruppert Landscape completing the full scope of work in one mobilization, unless otherwise indicated.
Ruppert Landscape will contact the appropriate Utility Locate service for the project area and have all major utilities located prior to the start of our work. The

FILE #: ENH026109326-06

customer will be responsible for locating any private utilities on the property such as site lighting and irrigation systems.
Ruppert Landscape is not liable for damage to, or resulting from, undisclosed subsurface utilities and structures that are not properly identified. If hand digging is required to avoid utilities, Ruppert Landscape will notify the customer immediately and bill for the additional costs on a time and materials basis.
Proposal is based on reasonable access to all areas by construction equipment such as backhoes and skidsteer loaders. If access is restricted, Ruppert Landscape will notify the customer immediately and will bill for additional costs on a time and materials basis.
Proposal is based on all work areas being free of major subsurface obstructions such as rock, hardpan, clay, water, contaminated soils and miscellaneous construction debris that conflict with the completion of our work. If hidden obstructions are encountered, Ruppert Landscape will notify the customer immediately and will bill the additional costs incurred on a time and materials basis.

Ruppert Landscape will not be responsible for damages to existing landscape or structures due to actions or conditions beyond our control including but not limited to: Acts of God, weather, neglect, vandalism, theft, etc.
Proposal based on receiving curb lane access provided by Owner/General Contractor as may be required for Ruppert Landscape installations.
All newly installed plant material shall be covered by a one time, six month replacement warranty, which does not cover acts of God or vandalism, and is contingent upon proper watering and maintenance being provided for by the owner.
Initial watering will be provided upon installation;
Subsequent watering is to be provided by the property owner unless preapproved by the owner as an additional service to be billed on a time plus material basis, at the rates noted below.
Hand-watering by garden hose from a private water source on-site is
$60.00 per hour.
Hand-watering by hose from a metered public source (hydrant) is $70.00 per hour.
Tank-truck watering, from a metered public source (hydrant), is $100 per hour.
Subsequent watering will be provided by Ruppert Landscape on a time and materials basis according to the above-provided rates which supersede all previously provided rates. Frequencies and schedules will be determined by site conditions.
Additional watering:	YES       NO    
Terms and Conditions
Pricing does not include state and local taxes but will be invoiced where applicable.
Payment shall be requisitioned upon completion of each rotation and be due, in full, within fifteen (15) days.

FILE #: ENH026109326-06

Owner agrees to pay for any direct or indirect fees or set-up costs related to the Contractor’s processing of invoices through a third-party servicer, with any such fees or costs being added to the Owner’s invoice as an additional sum owed to the contractor.
A late charge of 1.5% per month will be charged on all amounts 30 days past due. A $30 fee will apply to any returned check. Should Owner choose to pay by credit card, third-party fees associated with this payment type will be covered by the addition of a Convenience Fee, which shall be added to the total transaction amount (the current Convenience Fee is 3.0%). We recommend making payments via check or via ACH, as neither of these forms of payment have any additional costs associated. In addition, ACH offers many of the same conveniences as paying by credit card, but without the added cost.
This proposal shall only be valid for Thirty (30) days. After that time unit prices will need to be readjusted.
If this proposal meets your approval, please sign and return one copy.

My contact information is shown below. If you have any questions please contact me. Thank you.

Acceptance of Proposal:	jessica.knutelsky@fsresidential.com

Ruppert Landscape LLC
Kyle Carasea	Date: 	
813-293-0587 cell
kcarasea@ruppertcompanies.com

FILE #: ENH026109326-16

March 12, 2026
322 Paseo Reyes Drive St. Augustine , FL 32095

Attn: JessicaJessica Knutelsky
Re: Hill obstruction plantings
Ruppert Landscape proposes to furnish all materials, labor, and equipment necessary to perform the following Landscape Enhancement at Trout Creek CDD Phase 2. Specifically, the scope of work shall be as described here in.

Scope of Work: This proposal is to block the hills in falls park from bike traffic, but also to create an aesthetic appearance.

Podocarpus Hedge Plants
Plant Description	Quantity	UM/Size	
Podocarpus	70	15 gal	

Description	Quantity	UM/Size	
Pine Straw	20	Quantity	

Description	
Demo/ Grade	
Irrigation head re route	

Hard Materials Miscellaneous
Total price for Podocarpus Hedge:	$14,852	 Initial Trees and Boulders
Plants
Plant Description	Quantity	UM/Size	
Crape Myrtle	3	30 gal	
Live Oak	4	30 gal	
Hard Materials
Description	Quantity	UM/Size	
Pine Straw	20	Quantity	

FILE #: ENH026109326-16

Miscellaneous
Description	
Demo/ Grade	
Irrigation head re route	
Total price for Trees and Boulders:	$11,699	 Initial Podocarpus and Trees
Plants
Plant Description	Quantity	UM/Size	
Podocarpus	70	15 gal	
Crape Myrtle	3	30 gal	
Live Oak	4	30 gal	

Description	Quantity	UM/Size	
Pine Straw	20	Quantity	

Description	
Demo/ Grade	
Irrigation head re route	

Hard Materials Miscellaneous

Total price for Podocarpus and Trees:	$18,828	 Initial

Installation of plant material, sod, and seed shall be in accordance with generally excepted state/local industry specifications and guidelines.
Proposal is based on Ruppert Landscape completing the full scope of work in one mobilization, unless otherwise indicated.
Ruppert Landscape will contact the appropriate Utility Locate service for the project area and have all major utilities located prior to the start of our work. The customer will be responsible for locating any private utilities on the property such as site lighting and irrigation systems.

FILE #: ENH026109326-16

Ruppert Landscape is not liable for damage to, or resulting from, undisclosed subsurface utilities and structures that are not properly identified. If hand digging is required to avoid utilities, Ruppert Landscape will notify the customer immediately and bill for the additional costs on a time and materials basis.
Proposal is based on reasonable access to all areas by construction equipment such as backhoes and skidsteer loaders. If access is restricted, Ruppert Landscape will notify the customer immediately and will bill for additional costs on a time and materials basis.
Proposal is based on all work areas being free of major subsurface obstructions such as rock, hardpan, clay, water, contaminated soils and miscellaneous construction debris that conflict with the completion of our work. If hidden obstructions are encountered, Ruppert Landscape will notify the customer immediately and will bill the additional costs incurred on a time and materials basis.
Ruppert Landscape will not be responsible for damages to existing landscape or structures due to actions or conditions beyond our control including but not limited to: Acts of God, weather, neglect, vandalism, theft, etc.
Proposal based on receiving curb lane access provided by Owner/General Contractor as may be required for Ruppert Landscape installations.
All newly installed plant material shall be covered by a one time, six month replacement warranty, which does not cover acts of God or vandalism, and is contingent upon proper watering and maintenance being provided for by the owner.
Initial watering will be provided upon installation;
Subsequent watering is to be provided by the property owner unless preapproved by the owner as an additional service to be billed on a time plus material basis, at the rates noted below.
Hand-watering by garden hose from a private water source on-site is
$60.00 per hour.
Hand-watering by hose from a metered public source (hydrant) is $70.00 per hour.
Tank-truck watering, from a metered public source (hydrant), is $100 per hour.
Subsequent watering will be provided by Ruppert Landscape on a time and materials basis according to the above-provided rates which supersede all previously provided rates. Frequencies and schedules will be determined by site conditions.
Additional watering:	YES       NO    
Terms and Conditions
Pricing does not include state and local taxes but will be invoiced where applicable.
Payment shall be requisitioned upon completion of each rotation and be due, in full, within fifteen (15) days.
Owner agrees to pay for any direct or indirect fees or set-up costs related to the Contractor’s processing of invoices through a third-party servicer, with any

FILE #: ENH026109326-16

such fees or costs being added to the Owner’s invoice as an additional sum owed to the contractor.
A late charge of 1.5% per month will be charged on all amounts 30 days past due. A $30 fee will apply to any returned check. Should Owner choose to pay by credit card, third-party fees associated with this payment type will be covered by the addition of a Convenience Fee, which shall be added to the total transaction amount (the current Convenience Fee is 3.0%). We recommend making payments via check or via ACH, as neither of these forms of payment have any additional costs associated. In addition, ACH offers many of the same conveniences as paying by credit card, but without the added cost.
This proposal shall only be valid for Thirty (30) days. After that time unit prices will need to be readjusted.
If this proposal meets your approval, please sign and return one copy.

My contact information is shown below. If you have any questions please contact me. Thank you.

Acceptance of Proposal:	Jessica Knutelsky

Ruppert Landscape LLC
Kyle Carasea	Date: 	
904-504-7403 cell
kcarasea@ruppertcompanies.com

Ruppert Landscape, Inc.
2105 Harbor Lake Drive ■ Fleming Island, FL 32003
Office 904-778-1030■ Fax 301-482-0303 ■ www.ruppertlandscape.com
Page 4 of 4

EXHIBIT 4

Feb 1, 2026–Feb 28, 2026
Category Sales Report CAFE

Category	Items Sold Gross Sales

Uncategorized	13	$15.00	
CANDY	85	$108.25	
CHIPS	21	$42.00	
DRINKS	125	$217.00	
EXTRAS	1	$0.60	
HOT DRINKS	14	$14.00	
KIDS MEAL	2	$13.50	
PIZZA	10	$62.50	
SANDWICHES	7	$44.00	
SINGLE ITEMS	7	$32.00	
TREATS	57	$228.00	
WRAPS/BURGERS	8	$56.00	
Total	350	$832.85	

EXHIBIT 5

Feb 1, 2026–Feb 28, 2026
Category Sales Report TCCDD

Category	Items Sold	Gross Sales	
Uncategorized	37	$1,576.96	
FOBS	23	$690.00	
Lifestyle Sponsorship	2	$1,000.00	
TCCDD Reservations	72	$6,993.00	
Total	134	$10,259.96	

EXHIBIT 6

Feb 8, 2026
Category Sales Report CAFE

Category	Items Sold	Gross Sales	
CHIPS	1	$2.00	
Total	1	$2.00	

Feb 15, 2026
Category Sales Report CAFE

Category	Items Sold	Gross Sales	
CANDY	4	$4.00	
DRINKS	1	$2.00	
TREATS	2	$8.00	

WRAPS/BURGERS	1	$6.00	
Total	8	$20.00	

Feb 22, 2026
Category Sales Report CAFE

Category	Items Sold Gross Sales

Uncategorized	2	$3.25	
CANDY	5	$8.75	
CHIPS	3	$6.00	
DRINKS	12	$17.00	
HOT DRINKS	2	$2.00	
KIDS MEAL	1	$7.00	
SINGLE ITEMS	1	$5.00	
TREATS	6	$24.00	
Total	32	$73.00	

EXHIBIT 7

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(1)

Broken Weight Bench
Created: Thu, 3/5/2026
Replaced broken weight bench at fitnessw lodge. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(2)

Broken Weight Bench
Created: Thu, 3/5/2026
Replaced broken weight bench at fitnessw lodge. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(3)

Gate Hinges
Created: Thu, 3/5/2026
Replaced gate hinges at tennis and repaired existing holes. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(4)

Gate Hinges
Created: Thu, 3/5/2026
Replaced gate hinges at tennis and repaired existing holes. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(5)

Paver Cleaning
Created: Thu, 3/5/2026
Power washed pavers at Northcreek Park. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(6)

Paver Cleaning
Created: Thu, 3/5/2026
Power washed pavers at Northcreek Park. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(7)

Benches
Created: Thu, 3/5/2026
Stripped and restained benches at Northcreek park. (before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(8)

Benches
Created: Thu, 3/5/2026
Stripped and restained benches at Northcreek park. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026	
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28	

(9)

Trellis
Created: Thu, 3/5/2026
Powerswashed sidewalks and restained wood at the falls park trellis. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(10)

Trellis
Created: Thu, 3/5/2026
Powerswashed sidewalks and restained wood at the falls park trellis. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(11)

Fridge / Ice Machine
Created: Thu, 3/5/2026
Replaced refrigerator and ice machine at kayak club.

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(12)

Vape
Created: Thu, 3/5/2026
This is the 3rd time staff has had to remove a vape from the toilet in the men’s bathroom at the fitness lodge.

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(13)

Leg Press
Created: Thu, 3/5/2026
Repaired leg press At fitness lodge. (Before )

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(14)

Leg Press
Created: Thu, 3/5/2026
Repaired leg press at fitness lodge. ( after)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(15)

Trail Cameras
Created: Thu, 3/5/2026
We’ve installed tail cameras at falls and Northcreek parks.

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(16)

Fire pit
Created: Thu, 3/5/2026
Built new fire at outpost. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(17)

Fire Pit
Created: Thu, 3/5/2026
Built new fire at outpost. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(18)

Falls Park
Created: Thu, 3/5/2026
Power washed sidewalks and restained wood at falls park. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(19)

Falls Park
Created: Thu, 3/5/2026
Power washed sidewalks and restained wood at falls park. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(20)

Benches
Created: Thu, 3/5/2026
Stripped and restained benches at falls park. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(21)

Benches
Created: Thu, 3/5/2026
Stripped and restained benches at falls park. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(22)

Lounges And Chairs
Created: Thu, 3/5/2026
Cleaned all lounges and chairs at pool area. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(23)

Lounges And Chairs
Created: Thu, 3/5/2026
Cleaned all lounges and chairs at pool area. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(24)

Volleyball Net
Created: Thu, 3/5/2026
Installed volleyball Net At falls park. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(25)

Volleyball Net
Created: Thu, 3/5/2026
Installed volleyball Net At falls park. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(26)

Deck Board
Created: Thu, 3/5/2026
Replaced broken deck board at Northcreek trail. (Before)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(27)

Deck Board
Created: Thu, 3/5/2026
Replaced broken deck board at northcreek park. (After)

Company: First Service Residential	Email: Johnnie.verdell@fsresidential.com	Created:	Thu, 3/5/2026
Contact:	Johnnie Verdell	Title:  Report: 3/5/2026 15:39	No. Items: 28

(28)

Tv
Created: Thu, 3/5/2026
Replaced failed tv at conference room. Completed by Johnnie verdell

Generated by 'Report & Run'	Doc. Id. 57

page 28 of 28

Return to Agenda Pg. 2

www.reportandrun.com

EXHIBIT 8

Shearwater Lifestyle Summary Report – February 2026 Feb 3rd & Feb 26th – Café Takeover: Complicated Dough
Our newest vendor utilizing Café Takeovershashit the ground running. Almost all sold out on both
days. They have a great local following. Wehope thiswasa nice addition to having them on the same night asthe CDD meeting.
February 3rd - Feb 24th – Curiosity U Every Tuesday (2 additionalevening showings)
Consistent attendance – 16 people per event. Slight increase. In regular attendance due to Black History Month. We included 2 additional evening showings and attendanceswere the same but there wasa different audience. We also saved $1,100 annually by switching the content platform.
February 6th – Trivia Night w/ Filo’s Fresh at The Kayak Cafe
Trivia Night exceeded RSVPs, with 45+ participants, residentsenjoyed this activity and new software. Tested out our new projector and screen during the event. Once we fully learn all the optionswithin the softwareand projector, this event will feel no different than hiring a professional service at a fraction of the cost.
February 7th - Tennis Social: Valentine’s Day Themed
6 participants, each were given a rose and boxed chocolatesto attend. Hosted by a tennispro from 904Tennis.
February 10th – OneBlood Donation Drive
12 donationscompleted thismonth. Standard number for each visit.

February 11th – Coffee and Conversations: Strategic Wealth Specialists
Slightly above average attendance to about 50 people. Added treat of king cakesin lieu of Mardi Graswasvery well received and appreciated. With the warming of the season attendance should also increase going forward.
February 12th – Story Time with Ivybrook Academy
The Outpost hasbeen a great location for this activity. They have had some scheduling mix-ups these last couple of months, but thishasbeen ironed out, and we have been guaranteed they will not missany scheduled daysgoing forward. They sponsored $750 during Winterfest so we will extend them a little grace.

February 13th – Tween Silent Disco
Cancelled due to lack of ticket sales. Thisevent should have been scheduled for Tweensfrom the onset. To ensure successwith tween and teen events in the future, I have scheduled a meeting with TCA principal and PTO president to assist with distribution of this information. Parentsare not passing this information on to the kids.
February 15th – Vendor Village
Weather predictions diminished attendance from both vendorsand attendees. The weather held up, and while windy, we were able to proceed asplanned. Lower attendance than hoped but once the weather settled, thingspicked up substantially. Between 300 to 400 attendeesby daysend.
February 19th – Macrame Group Class
Rescheduled due to lack of registration. Next class is on March 19th.
February 20th – Bingo With Filo’s Fresh in The Kayak Cafe
The new software and projector set up worked perfectly. About 60 attendees. Filo’s Fresh sold out. Residentsranged from kidsto seniorsand everyone enjoyed this activity with Demetricand Joe as hosts.
February 24th – Epik After Dark: A Teen Night Out
An offsite discount program designed to encourage teensto gather at a specific location. Thisdid not get any traction with thisdemographicasexpected. Lifestyle Team hasreached out to Beachside High School to see how we can partner to create additional opportunities for this demographic.
February 28th – Pups And Pints
Great event overall. We had over 50 booths, including 4 rescues, 2 girl scout troops, and one boy scout troop. It wasan excellent turnout considering theweather wasovercast and itwasraining the night prior up until about 8am. Vendorsand sponsorswere very happy. Had it not been poor weather to start the day, wewould have had more than the estimated 800 total attendees throughout the day.
Additional Activities
Saint John’s Bookmobile at the Outpost Every Monday. Food Truck every Wednesday at the Outpost. Both are doing consistent business. Haymaker started slowing but have picked up in the last couple of weeks. We anticipate them sticking around for a while. Community Garden hasbeen cleaned, treated for bugs, and had all the bedsreassigned. Our new administratorshave organized everything, and all bed assignmentshave been billed with new agreementssent out.

Return to Agenda Pg. 2

EXHIBIT 9

February, 2026
Lifestyle Profit & Loss		

Trivia/Bingo - 7th + 20th Crowdpurr.com Amazon - Raffle Prizes	

Revenue	

Cost

$49.99

$100.00		
Summary	Estimated	Actual						
Total income	$0.00	$2,625.66						
Total expense	$0.00	$2,532.73						
Total profit	$0.00	$92.93						
						
EVENT REVENUE/ COST						
Coffee & Convo	Revenue	Cost						
Sam's Club - Supplies		$167.96						
Publix		$6.52						
Gambino Bakery - King Cakes		$215.00						
Total	$0.00	$389.48		Total	$0.00	$149.99		
		
Curiosity U	Revenue	Cost		Misc	Revenue	Cost		
Curiosity U Software		$100.00		Caution Tape

Heyzine Sub.		$26.84

$49.00		
Curiosity Stream annual plan
2/18/26 - 2/18/27		$69.99						
Total	$0.00	$169.99		Total	$0.00	$75.84		
		
Pups and Pints	Revenue	Cost		Pups And Pints	Revenue	Cost		
Amazon - Paw prints		$67.97		Publix - Ice Veterans United
Amazon - Table covers		$59.90

$681.86

$87.08		
Pint Glasses		$691.49						
Event Helper		$382.00						
Evolution Signs + Print		$95.00						
Total	$0.00	$1,236.46		Total	$0.00	$828.84		
		
Epik Teen Night Out	Revenue	Cost		Silent Disco	Revenue	Cost		
Epik Burger		$32.13		Credit ($650) paid in
Nov. Hush Hush		-$350.00		
Total	$0.00	$32.13		Total	$0.00	($350.00)		

Events Summary	Actual	
Total income	$0.00	
Total expense	$2,532.73	
Total Profit	-$2,532.73	

-

VENDOR REVENUE  10% OF ALL SALES

Vendor	Payment
Method		Income	
904 Tennis	Square		$1,120.50	
Thiago Gomes - Trainer	Square	Paid thru 2/28	$130.00	
Planet Pizza	Square		$68.24	
Sarap Stop	Square		$27.92	
Full for Life	Square		$40.00	
Complicated Dough	Square		$42.80	
Soca Dance - Ma'at	Square		$38.00	
Vendor Village	Check	Paid for 12/26	$105.00	
Zumba - Songhwanara	Square	Paid thru 2/28	$53.20	
Total			$1,625.66	

SPONSORSHIPS				
Sponsor	Type		Income	
Complicated Dough	Sponsorship/Pups and Pints		$500.00	
Veg ER	Sponsorship/ Pups and Pints		$500.00	
Total		$0.00	$1,000.00	

Return to Agenda Pg. 2

EXHIBIT 10

Trout Creek CDD
(URL: https://troutcreekcdd.org/ )	Website Type: Medium
Website Accessibility for People with Disabilities as per Nondiscrimination requirements of Title II of the American Disabilities Act (ADA) & WCAG

Date	Version#	Comments	Author	
March 10, 2026	1.0	Initial Proposal	VB Joshi,
Kristen T	

VGlobalTech’s Industry Leading ADA & WCAG Compliance Seal

VGlobalTech is the ADA, WCAG Compliance Expert, with over 200 ADA & WCAG compliant
websites created (….and counting) to-date!
Visit https://vglobaltech.com/website-compliance/ for details.

COPYRIGHT ©: This proposal and the contents within this document are solely created by VGlobalTech team for its customers and cannot be reproduced, copied, modified or distributed (including forwarding to other customers, competitors, web designers etc.) without the written consent of VGlobalTech. VGlobalTech company holds Intellectual Property details along with company software details that must not be shared with others without the written permission of the company. The proposal and software details are customized for the requesting customer and cannot be applied to any other customer / asset / solution. This document does not apply to a case if it is not exclusively sent to you by VGlobalTech upon request.
Any violations are punishable under the law and shall be prosecuted.

Table of Contents
The Law	4
ADA & WCAG Compliance – Introduction	6
Common Problems and Solutions in Website Accessibility?	7
Problem: Images Without Text Equivalents	7
Problem: Documents Are Not Posted In an Accessible Format	7
Problem: Specifying Colors and Font Sizes	7
Problem: Videos and Other Multimedia Lack Accessible Features	7
Web Content Accessibility Guidelines (WCAG)	8
Pricing	10
ADA Compliance Monthly Maintenance and Hosting	10
Quarterly Technical and Human Audit	11
Proposal Acceptance:	14
References:	15

The Law

Source: http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0100-0199/0189/Sections/0189.069.html
189.069	Special districts; required reporting of information; web-based public access. —
Beginning on October 1, 2015, or by the end of the first full fiscal year after its creation, each special district shall maintain an official website containing the information required by this section. Each special district shall submit its official website address to the department.
Each independent special district shall maintain a separate website.
Each dependent special district shall be prominently displayed on the home page of the website of the local general-purpose government upon which it is dependent with a hyperlink to such webpages as are necessary to provide the information required by this section. A dependent special district may maintain a separate website providing the information required by this section.
(2)(a)	A special district shall post the following information, at a minimum, on the district’s
official website:
The full legal name of the special district.
The public purpose of the special district.
The name, official address, official e-mail address, and, if applicable, term and appointing authority for each member of the governing body of the special district.
The fiscal year of the special district.
The full text of the special district’s charter, the date of establishment, the establishing entity, and the statute or statutes under which the special district operates, if different from the statute or statutes under which the special district was established. Community development districts may reference chapter 190 as the uniform charter but must include information relating to any grant of special powers.
The mailing address, e-mail address, telephone number, and website uniform resource locator of the special district.
A description of the boundaries or service area of, and the services provided by, the special district.
A listing of all taxes, fees, assessments, or charges imposed and collected by the special district, including the rates or amounts for the fiscal year and the statutory authority for the levy

of the tax, fee, assessment, or charge. For purposes of this subparagraph, charges do not include patient charges by a hospital or other health care provider.
The primary contact information for the special district for purposes of communication from the department.
A code of ethics adopted by the special district, if applicable, and a hyperlink to generally applicable ethics provisions.
The budget of the special district and any amendments thereto in accordance with s.189.016.
The final, complete audit report for the most recent completed fiscal year and audit reports required by law or authorized by the governing body of the special district.
A listing of its regularly scheduled public meetings as required by s. 189.015(1).
The public facilities report, if applicable.
The link to the Department of Financial Services’ website as set forth in s. 218.32(1)(g).
At least 7 days before each meeting or workshop, the agenda of the event, along with any meeting materials available in an electronic format, excluding confidential and exempt information. The information must remain on the website for at least 1 year after the event.
(b)	The department’s website list of special districts in the state required under s. 189.061shall include a link for each special district that provides web-based access to the public for all information and documentation required for submission to the department pursuant to subsection

ADA & WCAG Compliance – Introduction

Every individual must have equal access to information whether it is in person service or online. This is a general agreement and understanding of access.
The Internet has dramatically changed the way state and local governments do business. Today, government agencies routinely make much more information about their programs, activities, and services available to the public by posting it on their websites. As a result, many people can easily access this information seven day a week, 24 hours a day.
Many government services and activities are also provided on websites because the public is able to participate in them at any time of day and without the assistance of government personnel. Many government websites offer a low cost, quick, and convenient way of filing tax returns, paying bills, renewing licenses, signing up for programs, applying for permits or funding, submitting job applications, and performing a wide variety of other activities.
The Americans with Disabilities Act (ADA) and, if the government entities receive federal funding, the Rehabilitation Act of 1973 generally require that state and local governments provide qualified individuals with disabilities equal access to their programs, services, or activities unless doing so would fundamentally alter the nature of their programs, services, or activities or would impose an undue burden. One way to help meet these requirements is to ensure that government websites have accessible features for people with disabilities, using the simple steps described in this document. An agency with an inaccessible website may also meet its legal obligations by providing an alternative accessible way for citizens to use the programs or services, such as a staffed telephone information line. These alternatives, however, are unlikely to provide an equal degree of access in terms of hours of operation and the range of options and programs available.
The World Wide Web Consortium (W3C) sets the main international standards for the World Wide Web and its accessibility. W3C created the Web Content Accessibility Guidelines (WCAG 2.0 and 2.1) which are similar to Section 508, but on an international level. WCAG 2.0 and 2.1 requires specific techniques for compliance and is more current than Section 508.
Many countries and international organizations require compliance with WCAG 2.0 and 2.1. The guidelines are categorized into three levels of compliance: A (must support), AA (should support), and AAA (may support). Representatives from the accessibility community around the world participate in the evolution of these guidelines.
Source: https://www.w3.org/WAI/standards-guidelines/wcag/
Visit http://vglobaltech.com/website-compliance/ for more details, do a website compliance check on your website and to download a PDF proposal.

Common Problems and Solutions in Website Accessibility?
Problem: Images Without Text Equivalents
Solution: Add a Text Equivalent to Every Image
Adding a line of simple HTML code to provide text for each image and graphic will enable a user with a vision disability to understand what it is. Add a type of HTML tag, such as an “alt” tag for brief amounts of text or a “longdesc” tag for large amounts, to each image and graphic on your agency’s website.
The words in the tag should be more than a description. They should provide a text equivalent of the image. In other words, the tag should include the same meaningful information that other users obtain by looking at the image. In the example of the mayor’s picture, adding an “alt” tag with the words “Photograph of Mayor Jane Smith” provides a meaningful description.
In some circumstances, longer and more detailed text will be necessary to convey the same meaningful information that other visitors to the website can see. For example, a map showing the locations of neighborhood branches of a city library needs a tag with much more information in text format. In that instance, where the map conveys the locations of several facilities, add a “longdesc” tag that includes a text equivalent description of each location shown on the map – e.g., “City Center Library, 433 N. Main Street, located on North Main Street between 4th Avenue and 5th Avenue.”
Problem: Documents Are Not Posted In an Accessible Format
Solution: Post Documents in a Text-Based Format
Always provide documents in an alternative text-based format, such as HTML or RTF (Rich Text Format), in addition to PDF. Text-based formats are the most compatible with assistive technologies.
Problem: Specifying Colors and Font Sizes
Solution: Avoid Dictating Colors and Font Settings
Websites should be designed so they can be viewed with the color and font sizes set in users’ web browsers and operating systems. Users with low vision must be able to specify the text and background colors as well as the font sizes needed to see webpage content.
Problem: Videos and Other Multimedia Lack Accessible Features
Solution: Include Audio Descriptions and Captions
Videos need to incorporate features that make them accessible to everyone. Provide audio descriptions of images (including changes in setting, gestures, and other details) to make videos accessible to people who are blind or have low vision. Provide text captions synchronized with the video images to make videos and audio tracks accessible to people who are deaf or hard of hearing.

Web Content Accessibility Guidelines (WCAG)

Understanding the Four Principles of Accessibility
The guidelines and Success Criteria are organized around the following four principles, which lay the foundation necessary for anyone to access and use Web content. Anyone who wants to use the Web must have content that is:
Perceivable - Information and user interface components must be presentable to users in ways they can perceive.
This means that users must be able to perceive the information being presented (it can't be invisible to all of their senses)
Operable - User interface components and navigation must be operable.
This means that users must be able to operate the interface (the interface cannot require interaction that a user cannot perform)
Understandable - Information and the operation of user interface must be understandable.
This means that users must be able to understand the information as well as the operation of the user interface (the content or operation cannot be beyond their understanding)
Robust - Content must be robust enough that it can be interpreted reliably by a wide variety of user agents, including assistive technologies.
This means that users must be able to access the content as technologies advance (as technologies and user agents evolve, the content should remain accessible)
If any of these are not true, users with disabilities will not be able to use the Web.

Under each of the principles are guidelines and Success Criteria that help to address these principles for people with disabilities. There are many general usability guidelines that make content more usable by all people, including those with disabilities. However, in WCAG 2.1, we only include those guidelines that address problems particular to people with disabilities. This includes issues that block access or interfere with access to the Web more severely for people with disabilities.

See reference section at the end of this document for more information and websites for ADA, Usability and other important compliance issues and solutions.

VGlobalTech development and business management team shall study these compliance guidelines and with our technical capabilities apply these to make your website accessible, compatible and fully functional for all people, including those with disabilities.
Visit https://vglobaltech.com/website-compliance/ for details of our compliance process and expertise in this area.
Please see References section for several resources on compliance.

Pricing

ADA Compliance Monthly Maintenance and Hosting
Maintenance contract starts after initial conversion is completed (It is critical to maintain compliance as websites get updated):

The Annual Maintenance DOES NOT include the quarterly audits proposed in the next section.
Maintenance contract is required to receive VGlobalTech’s proprietary document conversion software (PDF to RTF) that allows you to easily convert documents or submit to VGlobalTech and get docs converted within less than 24 hrs.

	Task	
1.	Full content upload support to regularly keep site updated (includes all documents, audit reports, agendas, meeting minutes, events etc.). Ensure content is in ADA and WCAG compliance for the entire site. Section 508 stipulations (applicable to CDD) and FIA /eGIS insurance requirements are met. These points are very critical to maintain a fully compliant website at all times. Update turnaround time – less than 24 hrs. from customer sending the content and documents to be
updated to VGT team.	
2.	PDF Documents conversion (to Text, HTML etc.) as needed (new documents during the maintenance year only) for ADA Compliance / Reader Compliance. VGlobalTech’s proprietary batch conversion software is included as long as the contract is valid (big time saver that creates compliant documents that can be uploaded to the website). There is no limit on how many
documents you can convert per month using VGlobalTech’s software. If Auto conversion fails, VGlobalTech team shall perform manual OCR and conversion within 24 hrs.	
3.	Update footer with VGlobalTech’s ADA Compliance Seal – Every Quarter – Included in this cost	
4.	Website hosting and backups including 5 business email accounts – Premium hosting, unlimited file space, bandwidth, fast website response, regular automated
backups, SSL certificates for secure site access (https protocol), 99.9% website uptime:	
	Total Monthly Maintenance with full content upload, document conversion and Hosting:
$200 / month
*Monthly maintenance must be paid before the 10th of every month	

Quarterly Technical and Human Audit

This audit is as per the Florida Insurance Alliance guidelines. Please check with your insurance agency for specific requirements. Read more here: https://vglobaltech.com/wp-content/uploads/2019/03/FIA_ADA_Guidelines-2019-2020.pdf
VGlobalTech has developed a unique program for digital accessibility that is run by a highly skilled and experienced team in human auditing of websites and software as per the section 508 stipulations. Read more about our partnership here: https://vglobaltech.com/website-compliance/

Digital Asset Technical Compliance Seal:

VGlobalTech in-house technical team shall remediate / test the website / software for ADA, WCAG compliance. VGlobalTech’s technical design & development team is fully aware of the Americans with Disability Act (ADA), Web Content Accessibility Guidelines (WCAG), Section 508 of the Rehabilitation Act of 1973 and overall, the design principles of a professional, accessible, functional and responsive web design. The entire team has taken dedicated time and efforts to learn these design principles first hand.

Our purpose is clear – Universal, Creative Web design that works for everyone, everywhere and every time!

Cost for Audit: $125 / per quarter
Can be paid yearly ($400) or can be paid per audit every quarter ($100) – billed separately
All CDD required website documents’ conversions to compatible formats included
Seals renewed every quarter
Audits are conducted by VGlobalTech dev and ADA Expert Team

Digital Asset Technical Compliance Seal (Updated after VGlobalTech Quarterly Audits):

VGlobalTech’s Golden ADA Compliance Seal is industry leading and proudly displayed on only ADA & WCAG Complaint Sites that we maintain. VGlobalTech maintained and audited sites have had ZERO legal / litigation issues in the past 15 years. We are absolutely proud of our work and will stand by the quality service we provide.

*Compliance seal shall be updated and issued only after successful auditing by VGlobalTech and its authorized partners. No replication of the seal or content is permissible by any outside parties. The seal needs to be removed immediately if the contract with the customer is terminated for any reason by either party involved in the contract.

This proposal includes following points, stipulations terms and conditions:
*(1) conference call or in person meetings per month with client to review metrics, results and monthly recaps *unless otherwise noted
* email and phone communication
*Anything out of the scope of work in the above proposal will be addressed and client will be immediately notified. After notification of additional work, a subsequent quote will be provided to cover that work.
*Client is responsible to adhering to timelines as far as information required to complete the task is concerned. If timelines are not adhered to and exceed 15 business days past the current marketing months, last day, all work will end. A new month with new allocated costs will be presented for future work to commence. No refunds and owed work will be due unless otherwise agreed upon. An Invoice will be provided once signature approval of this project proposal. Payments will be made to VGLOBALTECH
*Client is responsible for verifying quality of work, providing feedback, verifying that compliance has been met as required. VGlobalTech team shall not be responsible for any legal ramifications arising from work not done as per external agencies / organizations / associations needs if
proper feedback is not provided by the customer. VGlobalTech’s work will be in best faith but cannot guarantee all compliance / legal needs since we are not the final authority in the ADA or WCAG compliance area. VGlobalTech shall not be liable for any legal ramifications arising from compliance issues and cannot be held responsible for any legal or other lawsuits.
Refund Policy: The client may halt work and request for a refund within seven days of the date of signing this services agreement by mailing a signed letter to the main address listed on www.VGlobalTech.com website. If client requests a refund within seven days of the date of signing their agreement, they shall be liable to pay for all work completed and will be refunded the remaining balance of the initial payment if billable work has not exceeded a charge that would be greater than client’s initial payment. If client requests a refund after the seven days from the date of the signing of the agreement client is liable to pay for all work completed plus an additional 25% of any remaining balance that may still be due. Once line-item projects are complete no refunds will be issued. Confidentiality: All information between client and service provider inclusive of technical and business information relating to proprietary ideas, patentable ideas and/or trade secrets, existing and/or contemplated products and services, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure and will be treated as such and with absolute confidentiality and will not be shared or used, which will be maintained at all times. The client is not allowed to disclose their price with any third parties. Doing so is in breach of this agreement. All information development will be shared and proprietary information and property between client and service providers.

Proposal Acceptance:
The VGlobalTech proposed solution and terms have been accepted by the customer and the VGlobalTech can proceed with the project. All payments shall be made according to this agreement.

Signatures:

For Customer	Date	

VB Joshi		
For VGlobalTech	Date	

References:

ADA Best Practices Tool Kit for State and Local Governments: https://www.ada.gov/pcatoolkit/chap5toolkit.htm

U.S. Department of Justice, Civil Rights Division, Disability Rights Section
https://www.ada.gov/websites2.htm

Web design Standards: https://www.w3schools.com/

Web Content Accessibility Guidelines (WCAG) https://www.w3.org/TR/WCAG21/

VGlobalTech Web Content Accessibility Implementation and Checkpoints: http://vglobaltech.com/website-compliance/

VGlobalTech.com ~ Experience Innovation	Page 15 of 15
Your strategic partner for Web Design, Software, Marketing, and SEO solutions.
Call: 321-947-7777 | Email: contact@VGlobalTech.com

e procecuted

Return to Agenda Pg. 2

Private and Confidential Document. No part of this document shall be produced, sent, copied to any parties it is not intended for. It is intended for the entities listed clearly on this proposal. Any distribution without written consent shall b

EXHIBIT 11

EXHIBIT 11A

PROPOSAL
JANITORIAL AND CLEANING SERVICES

To:

Trout Creek CDD

Site Location:

100 Kayak Wy,

St. Augustine, FL 32092

X

X

X

X

X

Annually

Monthly

Visit

Each

SERVICE DETAILS

SERVICE AREA

SCOPE OF SERVICES

CAM Resources, Inc.

by:

Submitted

4320 Deerwood Lake Pkwy Jacksonville, FL 32216
904-862-2665 Office

Keith@camresourcesusa.com www.camresourcesusa.com

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

X

FREQUENCY
Weekly	Quarterly

CLUBHOUSE

LOBBY

Wipe down & polish tables Empty trash receptacles Vacuum/mop floors
Clean windows Clean base boards
Wipe down clean furniture
Clean inside and outside of machine Mop floor
Empty trash
Replace trash can liner Clean window ledges Clean windows
Spot clean walls
Wet mop floors/dust mop
Vacuum Carpet around and under furniture Dust & wipe down counter area
Clean entrance windows Clean entrance doors
Wipe down & dust furniture
Clean entrance doors to stairs Vacuum floors
Wipe down hand rails
Clean entrance area to elevators
Clean entrance doors to the top of door Wipe down & dust rails
Wipe down & dust ledges on walls
All debris will be removed (leaves, cobwebs, litter). Stairwells will be swept and mopped weekly.
Clean surface and buttons at entrance of elevator Polish inside of elevator
Vacuum floors
Clean grate area at entrance of elevator

X

LAUNDRY ROOMS

X

HALLWAYS

STAIRWELLS

ELEVATORS

X X X

Clean flooring inside elevator	X					
Wipe, clean and polish inside of elevator	X					
Vacuum mats	X					
Check elevators	X					
Empty trash containers, install new liners and remove trash	X					
BATHROOMS	Clean Mirror	X					
Clean Sink	X					
Wet mop floors	X					
Clean toilet & fixtures	X					
Restock all paper products	X					
Refill soap containers	X					
FITNESS ROOM	Wet mop floors	X					
Clean base boards	X					
Wipe down Fitness equipment	X					
Vacuum floor	X					
Clean mirrors	X					
Clean Window	X					
Clean entrance doors	X					
POOL AREA	Dust, clean and align pool furniture	X					
Wipe down furniture	X					
Clean all trash container lids	X					
Empty trash containers, install new liners and remove trash	X					
	Clean and polish drinking fountains	X					
COMMUNITY ROOM	Wipe down & polish tables, counters, surfaces	X					
Pick up trash, empty trash receptacle, install new liner	X					
Sweep & wet mop floor/ vacuum carpet & area rugs	X					
Clean & polish mirrors	X					
Wipe down & clean furniture	X					
Clean baseboards & door frames	X					
Spot clean walls & door, remove carpet stains	X					
WINDOWS	Clean all glass doors and windows in club house & fitness room
inside and out.				X		
GRILLS	Clean barbeque grills	X					
Scrape grill inside	X					
Clean and wipe down inside and out	X					
Clean adjacent tops and disinfect	X					
PET STATIONS	Restock pet waste bags	X					
Empty trash can	X					
Replace liner	X					
	Disinfect pet station	X					
TRASH BIN AREAS	Pick up trash	X					
Place trash in dumpster	X					
Sweep up broken glass	X					
Clean up spills	X					
Sweep/blow out around dumpster		X				
HAUL OFF SERVICE	Report large and excessive waste to management	X					
Items will be hauled off for additional fee upon approval	X					
TENNIS COURTS	Pick up trash in and around tennis courts	X					
Blow off loose debris from tennis courts	X					

X

X

PLAYGROUND	Pick up trash in and around playground area						
Wipe off playground equipment						
COMMON AREA	Pick up trash in common area						
Pick up pet waste in common area						
Clean cobwebs						
Clean light fixtures	X					
PARKING AREA	Pick up trash		X				
Sweep up loose debris		X				
Blowing off the parking lots and trash enclosures		X				

X

X

X

SERVICE SUMMARY:
Service (2) days per week (6) hours per day each (2) Cleaners	$ 2,494.08 per month
Service (2) days per week (8) hours per day each (2) Cleaners	$ 3,325.44 per month
Service (3) days per week (6) hours per day each (2) Cleaners	$ 3,741.12 per month

ADDITIOANL SERVIVES:
Unit cleaning	$ .19 cents per Sq Ft.

General Contract Terms:

Number of service days per week:		
Monthly Contract:		
Date services to begin:		

Services performed in accordance with the above Scope of Services. The Association shall be invoiced monthly. Invoices shall detail items and cost. Either party, upon 30 days written notice to the other party, may terminate the contract without cause or penalty. Also, a 30-day notice is needed to start property. Restocking supplies can be purchased by CAM Resources Inc. and billed back to the HOA or HOA can order them direct from a supply company and have them delivered to building. Invoices sent to collection shall inquire collection fees to be paid by client. Employee’s may not be hired to work on the property by the HOA, management company or another cleaning company outside of the services provided by CAM Resources Inc. This is the non-compete agreement.
ACCEPTANCE

	Trout Creek CDD		CAM RESOURCES, INC	
By:	 		By:	 		
Title:	 		Title:	 		
Date:	 		Date:	 		

This Commercial Cleaning Services Agreement (the "Agreement") is made and entered into as of the 19th day of February, 2026, by and between Trout Creek CDD, whose principal place of business is located 100 Kayak Wy, St. Augustine, FL 32092 ("Client"), and CAM Resources Inc, a cleaning service provider ("Contractor"). Client and Contractor may each be referred to herein individually as a "Party" and collectively as the "Parties." WHEREAS, the Client desires to retain the Contractor to perform certain commercial cleaning services at 100 Kayak Wy, St. Augustine, FL 32092 (the "Premises"); and WHEREAS, the Contractor is willing to provide such services to the Client under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the Parties agree as follows:

Scope of Services
Services Provided. Contractor shall furnish all labor, materials, equipment, and supervision necessary to perform the commercial cleaning services described in Exhibit A attached hereto and incorporated herein by reference (the "Services").
Standard of Performance. Contractor agrees to perform the Services in a professional, diligent, and workmanlike manner, consistent with industry standards and practices.
Term
Initial Term. The term of this Agreement shall commence on the date signed below under the acceptance, ("Commencement Date") and shall continue for a period of five (5) years ("Initial Term"), unless earlier terminated in accordance with the provisions of this Agreement.
Automatic Renewal. Unless either Party provides written notice of non-renewal at least ninety (90) days prior to the end of the Initial Term or any Renewal Term, this Agreement shall automatically renew for successive one (1) year terms (each a "Renewal Term") under the same terms and conditions, including any adjustments to fees as specified in Section
Compensation and Price Adjustments
Compensation. In consideration for the Services, Client shall pay Contractor a monthly fee of
$	 per month for the first year of the Initial Term.
Annual Increase. Commencing on the first anniversary of the Commencement Date and on each subsequent anniversary thereafter during the Initial Term, the monthly fee shall automatically increase by five percent (5%) over the fee payable during the immediately preceding year.
Payment Terms. Payments are due and payable 30 days after invoice is submitted for Services rendered during that month. Payments not received by the due date shall be considered delinquent and subject to a late fee of one and one-half percent (5%) per month on the outstanding balance or the maximum rate permitted by law, whichever is less.
Obligations of Contractor
Personnel. Contractor shall employ qualified personnel to perform the Services and shall be solely responsible for their compensation, benefits, and taxes.

Compliance with Laws. Contractor shall comply with all applicable federal, state, and local laws, regulations, and ordinances in the performance of the Services.
Supplies and Equipment. Unless otherwise specified in Exhibit A, Client shall provide all cleaning supplies, restocking supplies necessary to perform the Services.
Obligations of Client
Access to Premises. Client shall provide Contractor and its personnel with reasonable access to the Premises during agreed-upon hours necessary for the performance of the Services.
Utilities. Client shall furnish at no cost to Contractor all utilities necessary for the performance of the Services, including water, electricity, and waste disposal.
Insurance and Indemnification
Insurance. Contractor shall maintain at its own expense during the term of this Agreement:
Commercial General Liability Insurance with minimum limits of $1,000,000 per occurrence and
$2,000,000 aggregate.
Workers’ Compensation Insurance as required by applicable law.
Contractor shall provide certificates of insurance evidencing such coverage upon Client's request.
Indemnification. Each Party (the "Indemnifying Party") shall indemnify, defend, and hold harmless the other Party (the "Indemnified Party"), its officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, losses, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) any breach by the Indemnifying Party of its representations, warranties, or obligations under this Agreement; and
(b) the negligence or willful misconduct of the Indemnifying Party or its employees or agents.
Confidentiality
Confidential Information. Each Party acknowledges that during the term of this Agreement, it may receive or have access to confidential or proprietary information of the other Party ("Confidential Information"). Each Party agrees to maintain the confidentiality of the other Party's Confidential Information and not to disclose it to any third party except as required by law or with the prior written consent of the other Party.

Termination
Termination for Cause. Either Party may terminate this Agreement upon providing thirty (30) days' written notice to the other Party if the other Party breaches any material term or condition of this Agreement. During this thirty (30) day cure period, the breaching Party shall have the opportunity to remedy the breach to the reasonable satisfaction of the non-breaching Party. If the breach is cured within the cure period, the termination notice shall be rendered null and void, and the Agreement shall continue in full

force and effect. If the breach is not cured within the cure period, the Agreement shall terminate at the end of the thirty (30) day notice period.
Termination Without Cause. Client may terminate this Agreement without cause upon ninety (90) days' prior written notice to Contractor. In the event of such termination, Client shall pay Contractor all fees accrued up to the effective date of termination and a termination fee equal to three (3) months of the then-current monthly fee.
Termination. Upon termination of this Agreement for any reason, Contractor shall cease all Services and return any Client property in its possession.
Dispute Resolution
Negotiation. In the event of any dispute arising under this Agreement, the Parties shall first attempt to resolve the dispute through good faith negotiations.
Mediation and Arbitration. If the dispute cannot be resolved through negotiation within thirty (30) days, the Parties agree to submit the dispute to mediation. If mediation fails to resolve the dispute, either Party may pursue any remedies available at law or equity.
Miscellaneous Provisions
Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of CA, without regard to its conflict of laws principles.
Entire Agreement. This Agreement, including all exhibits and schedules, constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior agreements, understandings, or representations.
Amendments. No amendment or modification of this Agreement shall be valid unless in writing and signed by both Parties.
Severability. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be severed, and the remainder of the Agreement shall remain in full force.
Notices. All notices required or permitted under this Agreement shall be in writing and shall be deemed given when delivered personally, sent by confirmed facsimile, sent by nationally recognized overnight courier, or three (3) days after being sent by registered or certified mail, postage prepaid, return receipt requested, to the addresses set forth above or to such other address as a Party may designate by notice. Notice must also be sent by email.
Waiver. The failure of either Party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Party in writing.
Force Majeure. Neither Party shall be liable for any failure or delay in performance under this Agreement due to causes beyond its reasonable control, including acts of God, war, terrorism, labor disputes, or governmental actions.
Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date first written above.

CLIENT:
Trout Creek CDD

By: 	 Name: 	 Title: 	

Date: 	

CONTRACTOR:
CAM Resources Inc.
By: 	 Name: 	 Title: 	

Date: 	

Presentation for: Trout Creek CDD

Keith Lundmark, President CAM Resources Commercial Cleaning Direct 904-862-2665
keith@camresourcesus.com www.camresourcesus.com

The HOA’s Cleaning Company Saving You Time and Money While Providing You Outstanding Results

		

The HOA’s Cleaning Company Saving You Time and Money While Providing You Outstanding Results

Constant improvements in technology and systems are changing the way industries operate and develop. The cleaning industry is no different and “true leaders” are the only ones that can survive and thrive in the highly competitive and demanding market.
CAM Resources prides itself on maximizing productivity to meet the high demands of its clients. We do this by focusing on core competencies and key areas to be able to provide the high quality services clients demand.
Since CAM Resources, Inc. inception we have been growing by leaps and bounds providing cleaning services to some of the finest properties in town and constantly innovating and coming up with new service ideas, concepts, and packages that our clients are looking for and want.

The Question You Should Be Asking
We are the premier commercial cleaning company cleaning HOA communities. We clean the finest properties and buildings in town. We don’t just clean your community we find ways to add value by adding people to your community that are friendly and personable.

Trash Bin Area - Cleaning
We pick up trash around the trash bins and enclosure on a regular schedule. This keeps the area picked up and looking clean for the residence and lets them know they should not just put there trash up against the dumpster.

Haul Off Services

We haul off old appliances left out by the street or trash areas. All you do is give us a call and we will go by the property and pick it up and haul it off. If the property is one of our scheduled cleaning properties then we will notify you there are haul off items to be hauled away.

Mattress and Furniture Removal

We also remove mattresses and furniture that residents will commonly discard by the in the trash bin enclosure, alley, or around parking areas.

Pet Waste Removal Services
Keep the common area free of pet waste and trash. We pick up the pet waste and trash in the rocks, grass, and dirt. We can also refill pet waste stations with pet waste bags and remove and replace the large pet waste bag.

Pool Furniture Cleaning
We set your pool furniture on a cleaning schedule to keep it clean and help extend the pool furniture life. The residents like going out to rest on pool furniture that is clean and free of things like bird waste and dirt.

Pool Restroom Cleaning

We clean the pool restrooms keeping them clean and presentable for the residents. We disinfect all of the fixtures, disinfect the floor and mop it, wipe down the walls, empty the trash, and restock the paper products and soap.

Trash Can Empting

We empty the trash cans around your community replacing the liners and wiping off the exterior of the trash can receptacle to make sure it is staying clean. We also pick up trash around the trash receptacle that has fallen down or never made it inside.

Grill Cleaning

We clean the grill inside and out scraping the grill down and removing the burnt on residue. After we are done with the inside we degrease the grill and shine it up using stainless steel cleaner.

Fitness Room Cleaning

The fitness room needs to be cleaned regularly to prevent germs and diseases from spreading after they use the equipment.

Color Coded System For Cross Contamination Prevention
The color coded system helps to stop the transition of germs from one surface to another by only using a certain color for each cleaning task. This is best explained by this example you don’t want to clean your sink with the same rag you just used to clean your toilet with.

To Be The Best You Need to Use the Best

We use only the best equipment to make sure you are getting the most cost effective and health conscious cleaning possible. The backpack vacuum offers this by using HEPA filtration to make sure we are getting the most dust and particles out of your building not just blowing them around.

We Are Always Working To Help You Save Money
We accomplish this by effectively planning, training, and using the proper equipment. By effectively planning the work schedule for your building we can lower the down time of wasted back tracking. By training our staff with our policies and procedures manual and materials/equipment we give our cleaners the confidence to clean.

Costly Cleaning Mistakes Cost YOU Money Everyday

If your cleaning staff has not been properly trained then you are paying for work that is not being done. How are you paying for work that is not being done? It is simple your cleaner can only do what they know how to do and if they have not been professionally trained then they do not know any better and you are getting the results. A professionally trained cleaner knows what to do and what not to do.

Paying More For Less Then Professional Work Cost You Money

A professional cleaner saves you time and money by not wasting your time and money trying to look busy because they think everything is done. They have a set program they work the building on and schedule task to be completed on a daily, weekly, bi-weekly, and monthly program that makes for a cleaner building.

Best in Class Concepts Built From Fortune 500 Companies
Keith Lundmark built his first class training program for CAM Resources, Inc. from adapting and implementing basics concepts and ideas used by Fortune 500 companies to get the employees involved in the business and to take a leadership role in the “Service Fulfillment” we offer our clients.

Recycle Programs Help Your Building Help The Environment
We help provide the system to help you implement your recycling program throw daily routine recycling schedules. We provide this service on many on the buildings we service.

Only The Best Cleaning Materials Will Do
We use microfiber commercial flat mop for cleaning a multiple of surface areas so they can be easily changed out and keep the area they are being used on their cleanest.
The microfiber flat mops that we use are commercial grad top of the line to give you the clean environment you want.

Microfiber Cleaning Clothes
We use microfiber hand towels for cleaning things like decorative glass, decorative wood pieces, furniture, leather, and other items that collect dust and need a fine cloth to remove it with. The dust fibers attach to the microfiber cloth as it moves over the surface picking up much more dust then a regular cleaning towel.

Designer Green Chemicals “Green Certified”

The Portion Pac “One for One program” saves time money and lowers the risk of chemical over saturation from improper mixing of chemicals.

One Pac makes one bottle of cleaner and another Pac makes one mop bucket of solution keeping the system simple and organized. The yellow Pac goes with the yellow bottle and the red Pac goes with the red bottle.

Portion Control Provides The “Process Control” Needed
Portion control is a very important part of any green cleaning system because over
dilution of chemicals will make them ineffective and over saturation of chemicals (mixing to much concentrated chemical into the water) is improper handling of chemicals as is dangerous.

That is why the one for one system is so effective the cleaner does not have to measure the chemicals they just open one Pac and pour it in. It is that simple.

People Respect What You Inspect
We have an organized system for checking the work of the cleaners to make sure all the task are being completed and that the quality and expectations are being met. We have supervisors and team leaders that check the completion of work and task.

Approved Quality Control Is Our Number one Goal
We are always looking to keep the properties we service up to the highest standards possible based on the time and commitment the entire team is striving for. It is our goal

to always have the client’s approval of our services with an A+ rating.

We Have The Referrals and Buildings to Prove It

We clean some of the finest high-end properties in town and can provide you with a list and referrals to put your mind at ease that you are working with a highly organized respected company that can give your building the attention and reputation it deserves.

Customer Service Begins & Ends With A Smile
We make sure that all of our employee’s are friendly and personable. They are all trained to smile and be friendly to clients and customers alike. It is important to us that our cleaners enjoy what they are doing and the environment they are working in.

Our Hiring Practices and Expertise

We have made it our business to search out and find the best candidates
for our cleaning company. We are constantly interviewing looking for the top performers who do not mind going the extra mile for the client, the company, and themselves.

Continuous Never Ending Improvement
We are always striving to learn new techniques in the industry. That can save time, save money, and improve on the overall environments of the buildings and communities we work in.

How We stack Up Against The Competition
Questions	CAM Resources, Inc.	Company B	Company C	Company D	
Do you try to get in and	We work the all of the	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
out of the property or can	dedicated hours to your				
we have you on site for a	building with a start and				
certain number of hours?	end time so you get your				
	moneys worth.				
Will we have the same person working on our property throughout the week?	Yes we train our people for your building so you will have the same person or persons.	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	

Do you have other HOA communities you are currently cleaning and can provide references?	Yes we have over 150 HOA communities we clean just like yours.	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
Do you have experience cleaning around trash enclosures?	Yes we have experience trash chutes.	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
Do you have experience with pet waste removal?	Yes we have experience clean trash chute rooms.	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
YES/NO
Received verification Yes/No	
Do you have experience cleaning high-rise and mid-rise stair cases?	Yes we clean many high rise staircases indoor and outdoor.	YES/NO
Received verification Yes/No	YES/NO
Received verification Yes/No	YES/NO
Received verification Yes/No	
Do your employees get a	Yes we give them the same				
scope of work for the	scope of work that is	YES/NO	YES/NO	YES/NO	
property they clean?	directly off the cleaning proposal.	Received verification Yes/No	Received verification Yes/No	Received verification Yes/No	
Do your employees have uniforms?	Yes we currently take care of the recycling for many of the high-rise building.	YES/NO
Received verification Yes/No	YES/NO
Received verification Yes/No	YES/NO
Received verification Yes/No	
Do you have policies &	Yes we have all of our				
procedures manual, and a	policies and procedures,	YES/NO	YES/NO	YES/NO	
training manual?	and training manual we documented.	Received verification Yes/No	Received verification Yes/No	Received verification Yes/No	
Do you have a time	Yes we set up a time	YES/NO
Received verification Yes/No	YES/NO
Received verification Yes/No	YES/NO
Received verification Yes/No	
tracking system?	tracking system at the property so it can be checked on and referred
to.				

BOARD MEMBER NOTES:

CALL Keith To Get Your Cleaning Program Moving In The Right Direction Today 904-862-2665

Return to Agenda Pg. 2

EXHIBIT 11B

February 19, 2026

Trout Creek CDD
Elite Amenities Contract for Janitorial Services

This agreement is entered into by and between the Company Elite Amenities NE Florida LLC
a.k.a (“Elite Amenities”) and the Customer Trout Creek CDC. In consideration of the mutual promises made in the agreement and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

Trout Creek CDD hereby accepts the Program Proposal submitted by Elite Amenities and agrees that a copy of said proposal is below and hereby becomes part of this contract agreement.

PROGRAM PROPOSAL:

Elite Amenities' staff shall perform thorough cleaning duties as outlined by the property management team/CDD with a minimum of 4 hours each day

Days: Tuesdays and Wednesday
Time: 6:00am-10:00am or 11:00pm-3:00am Areas to include:

Kayak Hub/Clubhouse Outpost
Fitness Lodge Studio
Indoor and Pool Restrooms

Clean all mirrors, sinks, toilets, urinals, dispensers, and water fountains
Sweep and Mop all floors
Clean offices in Kayak Hub
Replenish paper supplies and soap dispensers
Empty trash and replace liners
Additional areas agreed upon by both parties

Supplies: Elite Amenities shall use the supplies and equipment provided on site.

Uniforms: Elite Amenities shall provide all necessary uniforms, STAFF T-shirts.

Payments:
Total Fee for all services:
Monthly: $1,179 Annual: $14,144

If Elite provides its own supplies and equipment:
Monthly: $1,248 Annual: $14,976

Additional Coverage:
With 1 weeks notice: $136 per shift Emergency coverage: $50/hour
Invoices will be received by the 1st of the month in advance of services and payment for services will be required within 30 days. A late fee of 1.5% will be assessed if payment is not received by the 30-day period.

NOTE: Elite Amenities' staff signs a non-compete clause and may not be hired to staff any part of Trout Creek CDD without the signed consent of Elite Amenities. Certificate of Liability and Worker's Compensation provided by Elite Amenities NE Florida LLC.
The laws of St Johns County, Florida shall govern this agreement. If any part of this agreement is adjudged invalid, illegal, or unenforceable, the remaining parts shall not be affected and shall remain in full force and effect.
Cancellation must have 30 days written notice from either party.

This agreement may not be modified except in writing and signed by all parties. IN WITNESS WHEREOF the parties have signed this agreement under seal on

	 (DATE)

Eric Meyer	Representative for Trout Creek CDD Elite Amenities NE Florida LLC

3

Return to Agenda Pg. 2

EXHIBIT 11C

From:	contact eMaids
To:	Jessica Knutelsky
Subject:	Cleaning Service Proposal
Date:	Tuesday, February 17, 2026 7:26:01 PM
Attachments:	Outlook-vdc4el5s.png

You don't often get email from contact@emaidsofstaugustine.com. Learn why this is important

Good evening,
I apologize for the late response. It was truly a pleasure meeting you and your team. We would be honored to become your trusted cleaning partner.
At our company, we pride ourselves on delivering reliable, top-quality service with great attention to detail. Based on our walkthrough, we recommend scheduling cleaning services every Wednesday and Thursday. To ensure the highest standards, we would assign three cleaners for a minimum of 4 to 5 hours per visit.
Our detailed cleaning plan would include:
Thorough dusting, vacuuming, and mopping of all areas
Cleaning and disinfecting all surfaces
Emptying all specified trash bins and replacing liners
Spotless sanitizing of all gym equipment
Proper wiping and cleaning of all exterior furniture ( Gym area )
Cleaning interior and exterior glass on all access doors
Complete bathroom cleaning and exterior dusting during every visit Workflow plan:
Cleaner #1 will begin in the gazebo area, then move to the office and clubhouse.
Cleaners #2 and #3 will start in the gym area and handle exterior furniture.
Once the gym and exterior areas are completed, they will join Cleaner #1 to finish the office and clubhouse.
All bathrooms will be completed toward the end of the visit to ensure freshness.
Our price for each cleaning visit would be $450. We truly want to offer you the best possible rate and are happy to discuss options to meet your expectations and budget.
Please don’t hesitate to reach out with any questions. We are committed to providing reliable, top-quality cleaning services and would love the opportunity to work together.

Thank you again for your time and consideration.

:::::::::::::::::: If needed, we can offer a different plan with two cleaners working 4–5 hours each day. Over the two days available, we would complete the full deep clean. Most of the work would be finished on Day 1, and on Day 2 we would focus on the remaining details to ensure everything is completed to 100%.
Our goal is to support your regular weekly cleaner and leave the property in excellent condition. We truly want to provide you with the best and most budget-friendly option possible. :::::::::::::::

Best regards, Claude Gaudet

Best, Claude Manager
eMaids of St Augustine/Jacksonville Phone number: 1-904-740-4141 Email: admin@emaids of St Augustine

EXHIBIT 11D

FirstService Residential – Adding a second PT Porter to staffing model

Part Time Porter - $41,193.60 annually including benefits
24 hours a week, this would cover the 2 days off for our current Porter (Shannon) and allow coverage for vacation/ sick days/ project days
$19 an hour / $23,712 annually
-	30% labor rate / $7,113.60
Benefits should they select to use them - $864 monthly / $10,368 annually

EXHIBIT 12

RESOLUTION 2026-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT TO DESIGNATE DATE, TIME AND PLACE OF PUBLIC HEARING AND AUTHORIZATION TO PUBLISH NOTICE OF SUCH HEARING FOR THE PURPOSE OF ADOPTING AMENDED RULES OF PROCEDURE; ADOPTING AMENDED AND RESTATED SUSPENSION AND TERMINATION OF PRIVILEGES RULE; ADOPTING AMENDED AND NEW RULES, RATES, FEES AND CHARGES OF THE DISTRICT; ADOPTING AMENDED POLICY RELATING TO OVERNIGHT PARKING AND PARKING ENFORCEMENT; AND PROVIDING AN EFFECTIVE DATE

Whereas, Trout Creek 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 St. Johns County, Florida; and

WHEREAS, the District’s Board of Supervisors (“Board”) is authorized by Sections 190.011(5) and 190.035, Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes, and to authorize user charges, rates and fees and to adopt policies relating to parking and parking enforcement; and

WHEREAS, the Board previously adopted Rules of Procedure, Rules, Policies & Rates for Usage for All District Facilities (“Policies and Rates”), and policies relating to parking and now wishes to set a public hearing to consider amendments to the Rules of Procedure, amendments to the suspension and termination of privileges rule, amendments and additions to rates, fees and charges which relate to the District’s amenity facilities and operation of public improvements, and amendments to the policy relating to overnight parking and parking enforcement.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT:
SECTION 1. Multiple public hearings will be held to adopt the District’s Amended Rules of Procedure, Amended and Restated Suspension and Termination of Privileges Rule, the amended and new rates, fees, and charges within its Policies & Rates, and the Amended Policy Relating to Overnight Parking and Parking Enforcement on May 28, 2026, at 6:00 p.m., at 100 Kayak Way, St. Augustine, Florida 32092.

SECTION 2. The District Secretary is directed to publish notice of the hearing in accordance with Section 120.54, Florida Statutes.

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

Passed and Adopted this 26th day of March 2026.

ATTEST:	TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairperson, Board of Supervisors

Exhibit A:	Amended Rules of Procedure
Exhibit B:	Amended and Restated Rules for District Facilities (Disciplinary Rule)
Exhibit C:	Rates
Exhibit D:	Amended Policy Relating to Overnight Parking and Parking Enforcement

Return to Agenda Pg. 2

EXHIBIT 12A

Trout creek Community Development District
Amended Policy Relating To Overnight Parking and Parking Enforcement

On [	] at a duly noticed public meeting, the Board of Supervisors of the Trout Creek Community Development District (“District”) adopted the following policies to govern parking and parking enforcement on certain District property (“Policy”). This Policy repeals and supersedes all prior District rules or policies governing the same subject matter.

Section 1. Introduction and Application. The District finds that Vehicles and Vessels (as defined below) parked (as defined below) on certain District property may create hazards and danger to the health, safety, and welfare of District residents, paid users, and the public, and may damage District property. This Policy is intended to provide a means by which the District may address improperly parked Vehicles and Vessels, including by towing/removal, subject to the requirements of applicable law and the procedures in this Policy.

Section 2. Definitions.

Abandoned. Any Vehicle or Vessel that, for a period of two (2) weeks, has remained in the same location without being moved shall be deemed abandoned/
Overnight. Between the hours of 11:00 p.m. and 4:00 a.m. daily.
Park / Parking. To stop, stand, or leave a Vehicle or Vessel, whether attended or unattended, except when stopping temporarily for the purpose of and while actually engaged in loading or unloading persons or property.
Tow-Away Zone. District property (including, where applicable, District-owned or District-controlled roadways and rights-of-way) in which parking is prohibited and in which the District is authorized to initiate towing and/or removal, as identified in Exhibit A and by posted signage. During Overnight hours, District-owned or District-controlled roads are designated Tow-Away Zones, subject to the signage requirements in Section 5.
Vehicle. Any motor vehicle, trailer, or other wheeled conveyance that is used or capable of being used as a means of transportation on land for persons or property.
Vessel. Every description of watercraft, barge, or airboat used or capable of being used as a means of transportation on water.

Section 3. Parking Allowed on Limited Basis; Prohibition; Exceptions.

Tow-Away Zones. The areas indicated on the map attached hereto as Exhibit A, including all roadways within the District, are hereby designated as Tow-Away Zones during Overnight hours for all Vehicles and Vessels. Except where expressly designated for Parking (e.g., marked parking spaces or signed parking areas), Vehicles may not Park on District property at any time. Notwithstanding the foregoing, Vehicles may Park for a

maximum of five (5) minutes in the sections as identified in Exhibit A; parking in these areas in excess of five (5) minutes is prohibited. Parking is prohibited at all times on any grassy or landscaped areas on District property, including common areas, pond banks, and areas bordering roadways, unless the District grants a written exception in advance. Any Vehicle parked on District property, including District roads, if any, must do so in compliance with all laws, ordinances, and codes, and shall not block access to driveways, property entrances, fire hydrants, fire lanes and mailbox access. Vessels shall not be parked on District property without the express written permission of the District.
Abandoned Vehicles and Vessels. Abandoned Vehicles and Vessels are not permitted to be Parked on District property at any time and are subject to towing at the owner’s expense.
Manner of Parking. Vehicles (and pre-approved Vessels) may not be Parked such that they utilize more than one (1) marked parking space, block access to District property, prevent the safe and orderly flow of traffic, obstruct the ability of emergency vehicles to access roadways or property, cause damage to the District’s property, restrict the normal operation of the District’s business, or otherwise pose a danger to the District, its residents and guests, the general public, or the property of same.
Exceptions.
Special Circumstances. District staff may issue a Parking permit to authorize an exception to this Policy for special events or as necessitated by special circumstances, in which case the Parking permit shall be for a limited time and shall be posted on the windshield of the Vehicle or Vessel.
Vendors and Food Trucks. Food Trucks invited to special District events and District vendors performing District business are exempt from this Policy; provided, however, that such Food Trucks and vendors may not Park in a manner which threatens the health, safety, and welfare of District residents and guests, or causes property damage, and are subject to special instructions issued by the District for their Parking.
Delivery Vehicles and Governmental Vehicles. Delivery Vehicles, including, but not limited to, Vehicles associated with U.S.P.S., U.P.S., Fed Ex, moving companies, and District vendors are exempt from this Policy while actively engaged in the operation of such businesses. Vehicles owned and operated by any governmental unit may also Park on District property while carrying out official duties.

Section 4. Enforcement.

Towing. Vehicles or Vessels Parked in violation of this Policy may be towed in the District’s discretion and in accordance with the requirements and procedures set forth at Section 5 herein.
Amenity Suspension. The District may, in its discretion, suspend the amenity privileges of the owner or operator of any Vehicle or Vessel Parked in violation of this Policy, in accordance with the District’s adopted Suspension and Termination of Access Rule.

Section 5. Towing/Removal Procedures.
Signage and Language Requirements. Signage-provisioned notice shall be approved by the District’s Board of Supervisors and shall be posted on District property in conspicuous locations and in a manner consistent with the requirements of section 715.07, Florida Statutes.

Towing/Removal Authority. To effect towing/removal of a Vehicle or Vessel, the District Manager or Manager’s designee must verify that the subject Vehicle or Vessel was not authorized to Park under this Policy. To the extent that the District has entered into an agreement with an authorized towing service in accordance with Section 5.C., such towing service may patrol the District for Policy violations (i.e., “roam” towing), but the District must authorize, in writing (in a form agreed in the towing agreement), the removal of such unauthorized Vehicle or Vessel. Any such removal, including towing fees, release fees, storage fees, etc., shall be at the owner’s expense. The Vehicle and/or Vessel shall be towed/removed by the towing service in accordance with Florida law, specifically the provisions set forth in section 715.07, Florida Statutes.
Agreement with Authorized Towing Service. The District’s Board of Supervisors is hereby authorized to enter into and maintain an agreement with a company authorized by Florida law to tow/remove unauthorized vehicles and in accordance with Florida law and with the policies set forth herein.

Section 6. Parking At Your Own Risk. Any permitted Parking pursuant to this Policy is at the driver’s own risk. The District assumes no liability for any theft, vandalism, and/or damage that might occur to personal property and/or Vehicles or Vessels. Parking is subject to all applicable St. Johns County laws, ordinances, and regulations, and law enforcement may take action to enforce all such laws, ordinances, and regulations.

Section 7. Amendments. Designated Amenity Parking areas may be added to or removed from this Policy without a formal hearing by motion of the District’s Board of Supervisors, subject to installation of proper signage, adoption of a new map, and compliance with all other requirements of Florida law. Requirements of this Policy may be suspended by the District’s Board of Supervisors or by the District Manager for good cause.

Exhibit A: Parking Map

Specific Authority: §§ 190.011(5), 190.012(2)(d), and 190.041, Fla. Stat.
Effective date: [DATE OF ADOPTION]

Exhibit A Towing areas

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EXHIBIT 12B

RULES OF PROCEDURE
TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT EFFECTIVE AS OF 	
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	43
Rule 3.6	Construction Contracts, Design-Build	47
Rule 3.7 	Payment and Performance Bonds	52
Rule 3.8	Goods, Supplies, and Materials	53
Rule 3.9	Maintenance Services	57
Rule 3.10	Contractual Services	60
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	61
Rule 4.0	Effective Date.	64

Rule 1.0	General.

Trout Creek -Community Development District (“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 (“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, which are 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

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 (“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. Florida Open Meetings Laws apply to such Committees.

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 accordance 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 Board 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 twenty-four (24) months and next meeting;

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

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

Adopted engineer’s reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

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

District policies and rules;

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, but are not limited to, 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 and available to perform the labor, taking into account the nature and volume of the public records to be inspected or copied. The charge may include the labor costs of supervisory, clerical and/or legal 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 their 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’ 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, and shall satisfy the requirement to give at least seven (7) days’ public notice stated herein. 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 three (3) business days before the meeting/hearing/workshop by contacting the District Manager at Howard McGaffney, hmcgaffney@cddmanagers.com, 250 International Parkway, Suite 208, Lake Mary, FL 32746, (321) 263-0132. 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.”

The date, time, and place of each meeting, hearing, or workshop of the Board shall additionally be posted on the District’s website at least seven (7) days before each meeting, hearing, or workshop.

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 (“Meeting Materials”). 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, which includes but is not limited to emergency situations, time-sensitive matters, or newly discovered information essential for Board consideration, 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, or similar 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 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, including the specific reasons for the emergency meeting. 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 three (3) minutes per person, unless extended or reduced by the Chairperson based on the number of speakers and meeting agenda and other reasonable factors 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. Extraordinary circumstances may include, but are not limited to, illness, family emergencies, or other significant schedule conflicts which prevent in-person meeting attendance.

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, an opportunity for final board discussion 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 Fire safety Board Discussions. Portions of a meeting which relate to or would reveal a security or fire safety 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 (3) of this Rule. Consequently, the Notice of Rule Development shall be published at least seven (7) days before the notice of rulemaking described in Section 2.0(3), infra., and at least thirty-five (35) 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 grant of rulemaking authority for the proposed rule and law being implemented, include the proposed rule number, and include a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft, if available.

All rules as drafted shall be consistent with Sections 120.54(1)(g) and 120.54(2)(b) of the Florida Statutes.
Notice of 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, including: a short, plain explanation of the purpose and effect of the proposed action, the proposed rule number (if applicable), a reference to the specific rulemaking authority pursuant to which the rule is adopted, a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific, and the name, e-mail address, and telephone number of the staff member who may be contacted regarding the intended action. The notice shall include a summary of the District’s statement of estimated regulatory costs and the website address where the complete statement of estimated regulatory costs may be viewed, if such a

statement has been prepared pursuant to Section 120.541(2), 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 and any material proposed to be incorporated by reference shall be available for inspection and copying by the public at the time of the publication of notice.

The notice shall be mailed, delivered electronically to all persons named in the proposed rule and to all persons who, at least fourteen (14) days prior to publication of the notice, 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 thirty (30) 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 it is necessitated by immediate danger to the public health, safety, or welfare which requires immediate action, or if the Legislature authorizes the Board to adopt emergency rules. 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 the emergency rules together with the Board’s findings of immediate danger, necessity, and procedural fairness or a citation to the grant of emergency rulemaking authority 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 provided that such procedure protects the public interest and complies with applicable law and 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 ten (10) days after receiving the petition, the Chairperson shall, if the petition complies with the requirements of subsection (b) of this section, designate any member of the Board (including the Chairperson), District Manager, District Counsel, or other qualified person as a hearing officer who shall conduct a hearing within thirty (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 thirty (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, safety-related, or other significant 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: §§ 120.54, 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 or electronically posted 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 or electronically posted 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 or electronically posted 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, provided that for a public works project as defined in Section 255.0992, Florida Statutes, the District may not penalize a bidder for performing a larger volume of construction work for the District or reward a bidder for performing a smaller volume of construction work for the District;

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

Whether the entity/individual is a certified minority business enterprise as defined in Section 287.0943, Florida Statutes.

“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, 255.0992, 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, electronic mail, 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 at least seven (7) days 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, electronic mail, 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, relevant business presence and capability to service the District's needs, 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 prequalification criteria and procedures and allow at least seven (7) days’ notice of the public hearing for comments on such pre-qualification criteria and procedures. At such public hearing, potential vendors may object to such pre-qualification criteria and procedures. Following such public hearing, the Board shall formally adopt pre-qualification criteria and procedures prior to the advertisement of the Request for Qualifications for construction services.

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, or hand delivery, 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, 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), Florida Statutes, 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.
Any other circumstance constituting “good cause” under Section 337.16(2), Florida Statutes, exists.
The pre-qualified status of a contractor found delinquent under Section 337.16(1), Florida Statutes, shall be denied, suspended, or revoked. 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 ten (10) days after the receipt of the notice of intent, the hearing shall be held within thirty (30) days after receipt by the District of the request for the hearing. The decision shall be issued in writing within fifteen
(15) business days after the hearing.
Such suspension or revocation shall not affect the vendor’s obligations under any preexisting contract.
If a contractor’s pre-qualified status is revoked, suspended, or denied and the contractor receives an additional period of revocation, suspension, or denial of its pre-qualified status, the time periods will run consecutively.
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.
The District shall deny or revoke the pre-qualified status of any contractor and its affiliates for a period of 36 months when it is determined by the District that the contractor has, subsequent to January 1, 1978, been convicted of a contract crime within the jurisdiction of any state or federal court. Any such contractor shall not act as a prime contractor, material supplier, subcontractor, or consultant on any District contract or project during the period of denial or revocation.
Reapplication and Reinstatement
A contractor whose qualification to bid has been revoked or denied because of contract crime may, at any time after revocation or denial, file a petition for

reapplication or reinstatement. However, a contractor may not petition for reapplication or reinstatement for a period of 24 months after revocation or denial for a subsequent conviction occurring within 10 years of a previous denial or revocation for contract crime.

If the petition for reapplication or reinstatement is denied, the contractor cannot petition for a subsequent hearing for a period of nine months following the date of the final order of revocation or denial.

If the petition for reapplication or reinstatement is granted, the contractor must file a current Application for Qualification with the Contracts Administration Office. Reinstatement shall not be effective until issuance of a Certificate of Qualification.

Emergency Suspension and Revocation

The District may summarily issue an emergency suspension of a contractor’s qualification to bid if it finds that imminent danger exists to the public health, safety, or welfare.

The written notice of emergency suspension shall state the specific facts and reasons for finding an imminent danger to the public health, safety, or welfare exists.

The District, within 10 days of the emergency suspension, shall initiate formal suspension or revocation proceedings in compliance with Rule 3.4(3), except the 10-day notice requirement shall not be construed to prevent a hearing at the earliest time practicable upon request of the aggrieved party.

Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat.
Law Implemented: §§ 190.033, 255.0525, 255.20, Fla. Stat.; §§ 14-22.012, 14-22.0121, 14-22.014, Fla. Admin. Code.

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, electronic mail, hand delivery, 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, or hand delivery, 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 competent jurisdiction 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 five (5) years shall be deemed 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, provided such corrections do not result in a material change to the bid amount or create an unfair advantage. 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, electronic mail, hand delivery, 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 only when there exists an immediate and serious need for construction services that cannot be met through normal procurement methods and the lack of such services would seriously threaten: (i) the District’s ability to perform essential services; (ii) the preservation or protection of property or improvements; or (iii) the health, safety, or welfare of any person. The fact that an Emergency Purchase has occurred or is necessary, along with a detailed description of the basis for the emergency determination, 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, or hand delivery, 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 five (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, electronic mail, 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, or hand delivery, 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 percent (5%). 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, electronic mail, hand delivery, 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, or hand delivery, 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, electronic mail, hand delivery, , 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, which are 9:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays.

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 certified mail, hand delivery, or email with delivery confirmation 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 qualified 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) calendar days from receipt of the recommended order 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 by filing a motion to intervene within 10 calendar days of the initial protest filing, on terms that 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	, 2025, 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.

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EXHIBIT 12C

EXHIBIT 12D

EXHIBIT 13

TROUT CREEK COMMUNITY DEVELOPMENT DISTRICT POLICY REGARDING SPENDING AUTHORITY
Adopted by the Board of Supervisors on March 26, 2026

Authorization to Pay Invoices for Work Previously Approved. The District Manager is authorized to pay invoices, regardless of the dollar amounts, for work previously approved by the Board in accordance with such contracts and such payments do not need to be approved by the Board prior to payment nor do they need to be re-approved by the Board at a future meeting.

Limited Spending Authorization. The Board hereby authorizes the individuals stated below the authority to conduct usual and customary repairs and replacement, in addition to exercising their judgment to enter into time sensitive and emergency contracts and disburse funds up to the amounts stated below, without prior Board approval for expenses (1) that are required to provide for the health, safety, and welfare of the residents within the District; (2) for the operations and maintenance, repair, or replacement of a District asset; or (3) to remedy an unforeseen disruption in services relating to the District’s facilities or assets, if such disruption would result in significantly higher expenses unless the contract is entered into immediately.
The General Manager and Assistant General Manager may individually authorize such expenses up to $10,000.00 per proposal and/or event so long as not continuing in nature.
The District Manager or Chair (or Vice Chair, if the Chair is unavailable) may individually authorize such expenses up to $20,000.00 per proposal and/or event.
The District Manager and Chair (or Vice Chair, if the Chair is unavailable) may jointly authorize such expenses that exceed $20,000.00 per proposal and/or event.

Signature Authority and Contracting Party. All proposals, agreements, Additional Service Orders (ASOs), and work orders must strictly identify the Trout Creek Community Development District as the contracting entity. While the General Manager and Assistant General Manager may authorize the expenditure of funds within the aforementioned delegated limits, only the District’s officers are authorized to sign proposals, contracts, ASOs and other legal instruments on behalf of the District.

Ratification of Spending Authorization at Future Meeting. Any payment made or contract entered into pursuant to this Resolution shall be submitted to the Board at the next scheduled meeting for ratification.
Repeal of Prior Spending Authorizations. All prior spending authorizations approved by resolution or motion of the Board are hereby repealed.

EXHIBIT 14

MINUTES OF MEETING
TROUT CREEK
COMMUNITY DEVELOPMENT DISTRICT
The Regular Meeting of the Board of Supervisors of the Trout Creek Community Development
District was held on Thursday, February 26, 2026 at 6:00 p.m., at the Kayak Club, 100 Kayak Way, St.
Augustine, FL 32092.
FIRST ORDER OF BUSINESS – Call to Order/ Roll Call
Supervisor Wright called the meeting to order and conducted roll call.
Present and constituting a quorum were:
Clint Wright	Board Supervisor, Chairman
Heather Loffredo	Board Supervisor, Vice Chairman
Jim Breslin	Board Supervisor, Assistant Secretary
Ronnie Murphy	Board Supervisor, Assistant Secretary
Vincent Sajkowski	Board Supervisor, Assistant Secretary
Also, present were:
Lesley Gallagher	District Manager, Rizzetta
Jennifer Kilinski	District Counsel, Kilinski | Van Wyk PLLC
Mitchel Zwang	Kilinski | Van Wyk PLLC
Belynda Tharpe	General Manager, First Service Residential
Jessica Knutelsky	Assistant General Manager, First Service Residential
John Hannigan	Resident
Kris Farlow	Resident
James Hale	Shearwater Swim Team
Jessica Saunders	Resident 25
The following is a summary of the discussions and actions taken at the February 26, 2026 Trout Creek
CDD Board of Supervisors Regular Meeting. Audio for this meeting is available upon public records
request by emailing PublicRecords@vestapropertyservices.com.
SECOND ORDER OF BUSINESS – Pledge of Allegiance
Supervisor Wright pulled Item F. from the Consent Agenda to be reviewed under the District
Counsel’s report.
THIRD ORDER OF BUSINESS – Audience Comments – (Agenda and General Comments Limited to
3 Minutes Each)
John Hannigan discussed property ownership of phase three, due diligence items, and the lack of
notification regarding the broadcast of the meeting.
Kris Farlow discussed the accessibility of the dog park to former residents and noted an area that
could potentially be a basketball court for the kids to use.
A resident asked for an update on the settlement agreement between the developer and the CDD,
as well as the new district manager’s meeting the County Commissioner.
James Hale thanked the Board for their consideration to allow the team to use the CDD pool for
practices.

Trout Creek CDD	February 26, 2026
Regular Meeting	Page 2 of 4
A resident thanked the Board for moving Item F. in the Consent Agenda for discussion and
provided comments regarding it.
Jessica Saunders thanked the Board for heating the pool.
FOURTH ORDER OF BUSINESS – Staff Reports
Discussion ensued regarding property ownership of phase 3, the settlement agreement, ADA
compliance for CDD videos, and basketball hoop restrictions from the HOA.
A. District Counsel – under separate cover
Ms. Kilinski presented her report for the month, which included the following items, as well as
Supervisor compensation and expenses, the settlement agreement, a newly passed referendum bill
and the property tax related bill, and the previous ratification item for CR 53, Series 2018.
1.  Outfall Structure
An onsite inspection was scheduled for March 10th.
2.  Comcast/Xfinity Easement (Real Property)
The Board directed District Counsel to work with the district manager to obtain a copy of a
draft agreement to be brought back for their approval.
3.  CDD Videos (Records & ADA Website Accessibility) – reviewed legal requirements and
options.
4.  Photos of Suspected Vandals/Trespassers
The discussion regarding this item was to utilize the full resources made available by the
SJCSO for any damage to the District property over $2,500.00 with the request to SJSCO that
the posting of minors’ photos was requested to not be posted.
5.  Videography Services Agreement – deferred.
B. District Engineer
The District Engineer was not present but provided a brief written update for staff to present to the
Board.
C. Tab 1: Landscape Maintenance Services Report
Supervisor Wright provided an update on the letter sent by Ms. Kilinski regarding the CR 210
entrance.
D. Tab 2: Pond Aquatics Service Reports
1.  Consideration of Fish Barrier Installation Proposal
Supervisor Sajkowski stepped out of the meeting.

On a MOTION by Mr. Wright, SECONDED Ms. Loffredo, WITH ALL IN FAOVR, the Board approved the First Barrier Installation proposal, for the Trout Creek Community Development District.

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Supervisor Sajkowski rejoined the meeting.
E.  Tab 3: General Manager
Ms. Tharpe presented her report for the month. Discussion ensued.
1.  Request for Pool & Pool Deck Closer on March 28, 2026, from 8 a.m. to 12 p.m. for Event
Preparation

Trout Creek CDD Regular Meeting	February 26, 2026
Page 3 of 4	
F.  Tab 4: District Manager		
1.  Variance Report Presented by Supervisor Murphy	

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Ms. Gallagher presented the proposal for Rizzetta to handle the February financials. Discussion
ensued.

On a MOTION by Mr. Breslin, SECONDED by Ms. Loffredo, WITH ALL IN FAVOR, the Board approved a not-to-exceed amount of $1,200.00 authorizing Supervisor Murphy to review the variance report with Mr. McGaffney and engage Rizzetta for these services should she choose to, for the Trout Creek Community Development District.

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FIFTH ORDER OF BUSINESS – Business Items
A. Consideration of Amenity Suspension
Discussion ensued regarding the details of the incident as well as trespassing the driver, who was
a non-resident, from the District property. The Board chose to continue the discussion of amenity
suspension policies at the next workshop.
B. Tab 5: Consideration of Swim Team Agreement

On a MOTION by Mr. Wright, SECONDED by Ms. Loffredo, WITH ALL IN FAVOR, the Board approved the Swim Team Agreement, for the Trout Creek Community Development District.

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C. Tab 6: Consideration of Amenity Janitorial Service Proposals
Ms. Knutelsky provided a summary of the proposals.

On a MOTION by Mr. Wright, SECONDED by Ms. Murphy, WITH ALL IN FAVOR, the Board approved the Honey Glow janitorial services proposal, in the amount of $24,000.00 annually, for the Trout Creek Community Development District.

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On a MOTION by Mr. Wright, SECONDED by Ms. Loffredo, WITH ALL IN FAVOR, the Board adopted Resolution 2026-04, Regarding the General Election, for the Trout Creek Community Development District.

101	D. Tab 7: Consideration of Resolution 2026-04, Regarding the General Election 102
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E.  Tab 8: Consideration of Resolution 2026-05, Setting Public Hearing on Overnight Parking and
Towing Rules
Discussion ensued. This item was tabled for further discussion at the workshop.
F.  Tab 9: Consideration of Resolution 2026-06, Adopting License Agreement Policy
Ms. Kilinski provided a brief overview of the agreement policy. Discussion ensued.

On a MOTION by Ms. Loffredo, SECONDED by Mr. Breslin, WITH ALL IN FAVOR, the Board adopted Resolution 2026-06, Adopting License Agreement Policy, for the Trout Creek Community Development District.

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SIXTH ORDER OF BUSINESS – Business Administration – Consent Agenda
A. Tab 10: Consideration of Minutes for the Board of Supervisors’ Meeting held on January 22, 2026
B. Tab 11: Consideration of Minutes for the Special Meeting held on February 6, 2026

Trout Creek CDD	February 26, 2026
Regular Meeting	Page 4 of 4
C. Tab 12: Consideration of Minutes for the Workshop held on February 10, 2026
D. Tab 13: Ratification of Operations & Maintenance Expenditures for December 2025
E.  Tab 14: Ratification of Requisitions CR 10 and 11, Series 2025
F.  Tab 15: Ratification of Requisition CR 53, Series 2018
Item F, Tab 15 – Ratification of Requisition CR 53, Series 2018 was previously removed and
discussed under District Counsel’s Report. District Counsel briefly reviewed the procedural history
of CR53 from bond issuance to developer funding.

On a MOTION by Mr. Wright, SECONDED by Ms. Loffredo, WITH ALL IN FAVOR, the Board approved the Consent Agenda, as amended (not including ratification of CR 53), for the Trout Creek Community Development District.

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SEVENTH ORDER OF BUSINESS – Business Items – Part B
A. Discussion of District Security*
*NOTE: IT WAS STATED ON THE RECORD THAT IN ACCORDANCE WITH SECTIONS
119.071(3)(A) AND 286.0113(1), FLORIDA STATUTES, A PORTION OF THE MEETING WILL
BE CLOSED TO THE PUBLIC, AS IT RELATES TO DETAILS OF THE DISTRICT’S
SECURITY SYSTEM PLAN. THE CLOSED SESSION MAY OCCUR AT ANY TIME DURING
THE MEETING AND IS EXPECTED TO LAST APPROXIMATELY THIRTY (30) MINUTES
BUT MAY END EARLIER OR EXTEND LONGER.
EIGHTH ORDER OF BUSINESS – Supervisor Requests
NINTH ORDER OF BUSINESS – Adjournment
Supervisor Wright asked for final questions, comments, or corrections before requesting a motion
to adjourn the meeting. There being none, Mr. Wright made a motion to adjourn the meeting.

On a MOTION by Mr. Wright, SECONDED by Mr. Breslin, WITH ALL IN FAVOR, the Board adjourned the meeting at 8:20 p.m. for the Trout Creek Community Development District.

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*Each person who decides to appeal any decision made by the Board with respect to any matter considered
at the meeting is advised that person may need to ensure that a verbatim record of the proceedings is made,
including the testimony and evidence upon which such appeal is to be based.
Meeting minutes were approved at a meeting by vote of the Board of Supervisors at a publicly noticed
meeting held on March 26, 2026.
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Signature	Signature

Printed Name	Printed Name
Title:	□ Secretary	□ Assistant Secretary	Title:	□ Chairman	□ Vice Chairman

Return to Agenda Pg. 2

EXHIBIT 15

EXHIBIT 16

NORTH

LEGEND:

PROJECT LOCATION

17.5'

:

26'

17.5'
9'

EXISTING COMMERCIAL
(PUD ORD. 2019-53)

The Master Development Plan Map is a general representation of the approved plan of development. Final construction and engineering plans must demonstrate compliance with all requirements of the PUD/PRD and other applicable land
development regulations.

ASHFORD MILLS PUD	MASTER DEVELOPMENT PLAN

Return to Agenda Pg. 3

MAJOR MODIFICATION

EXHIBIT C

MDP-02