Lake Ashton II Community Development District
Rules List

Rules of Procedure

Chapter II

May 25, 2005

January 08, 2008

Rules of Procedure

Non- Residents User Fees for Lake Ashton II Wellness Center

 	 	

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Lake Ashton II Community Development District

Chapter I Rules of Procedure

 	 	 	

RULES OF PROCEDURE

LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT

Organization.

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

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

Specific Authority: §§ 190.011(5), 120.53(1)(a), Fla. Stat. Law Implemented: §§ 190.011(5), 120.53(1)(a), Fla. Stat.

 	

1	Board of Supervisors; Officers and Voting.

                            ( 1) Board of Supervisors. The Board of Supervisors ofthe District (the "Board") shall consist of five (5) members. Members of the Board must be residents of the State of Florida and citizens of the United States. The Board shall exercise the powers granted to the District.

Board members shall hold office for the term specified by section 190.006, 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 ofthe term(s).

Three (3) members of the Board shall constitute a quorum for the purposes of conducting business and exercising its powers and for all other purposes. However, if three (3) or more vacancies occur at the same time, a quorum is not necessary to fill the vacancies. 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.

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

The Chairman must be a member of the Board. If the Chairman resigns from that office or ceases to be a member of the Board, the Board shall select a Chairman, after filling the vacancy. The Chairman serves at the pleasure of the Board. The Chairman shall be authorized to sign checks and  warrants  for  the  District,  countersigned, by  the  Tr.easurer or  other persons authorized by the Board. The Chairman shall convene and conduct all meetings of the Board. In the event the Chairman is unable to attend a meeting, the Vice-Chairman shall convene and conduct the meeting.

The Vice-Chairman shall be a member of the Board and shall have such duties and responsibilities as specifically designated by the Board from time to time. If the Vice-Chairman resigns from office or ceases to be a member of the Board, the Board shall select a Vice-Chairman, after filling the Board vacancy. The Vice-Chairman serves at the pleasure of the Board.

	 (c)		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. The District Manager may serve as Secretary.

 	 	 	

(d) The Treasurer need not be a member of the Board but must be a resident of Florida. The Treasurer shall perform the duties described in subsections 190.007(2) and (3), Florida Statutes, as well as those assigned by the Board from time to time. The Treasurer shall serve at the pleasure of 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, contract negotiations, personnel matters and budget preparation.

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

Meetings. Each fiscal year the Board shall establish an annual schedule of regular meetings that shall be submitted to the County and the Florida Department of Community Affairs. All meetings of the Board shall be open to the public in accord with the provisions of Chapter 286, Florida Statutes.

Voting Conflict of Interest. The Board shall comply with section 1 12.3143, Florida Statutes, so as to ensure the proper disclosure of conflicts of interests on matters coming before the Board for a vote. Nothing in this Rule shall prohibit a Board member with a voting conflict of interest from voting on a matter. For the purposes of this section, "voting conflict of interest" shall be governed by Chapters 1 12 and 190, Florida Statutes, as amended fr_om time to time.

When a Board member knows the member has a conflict of interest on a matter coming before the Board, the member shall notify the Board's Secretary prior to participating in any discussion with the Board on the matter. The member shall publicly announce the conflict ofinterest at the meeting. This announcement shall appear in the minutes. The member may then vote. The Board's secretary shall prepare a memorandum of voting conflict (Form 8B) that shall then be signed by the Board member, filed with the Board's Secretary and attached 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 she/he has a conflict in 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 shall immediately be provided to other Board members and shall be read publicly at the next meeting held

subsequent to the filling of the written memorandum. The Board member's vote is unaffected by this filing.
Specific Authority: §§ 190.001, 190.011(5), Fla. Stat.
Law Implemented: §§ 190.006, 190.007, 112.3143, Fla. Stat.

 	

Public Information and Inspection ofRecords.

) Public Records. All District public records within the meaning of Chapter 119, Florida Statutes, and not otherwise restricted by law, including the "Records of Proceedings", may be copied or inspected at the District Office during regular business hours.

Copies. Copies of public records shall be made available to the requesting person at a charge of $.25 per page for one-sided copies and $.35 per page for two-sided copies if not more than 8 _ by 14 inches, and for copies of public records in excess of that size at a charge not to exceed the actual cost of reproduction. Certified copies ofpublic records shall be made available at a charge of $1.00 per page.

Specific Authority: §§ 190.011(5), 120.53, Fla. Stat. Law Implemented: §§ 190.06, 119.07, 120.53, Fla. Stat.

 	 	 	 	

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 non regular 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 shall state:

The date, time and place of the meeting 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;

Pursuant to provisions of the Americans with Disabilities Act, any person reqmnng special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at 1-8 13-933-5571. For individuals who are hearing or speech impaired, please contact the Florida Relay Service, at 1-800- 955-8770, to receive aid in contacting the District Office.

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 ip.cluding the testimony and

evidence upon which the appeal is to be based.

Agenda. The District Manager, under the guidance of the Chairman or those members of the Board calling for the meeting/hearing/workshop, shall prepare a notice and an agenda of the meeting/hearing/workshop. The notice and agenda shall be available to the public at least seven (7) days before the meeting/hearing/ workshop except in an emergency. The agenda may be changed before or at the meeting/hearing/workshop.

The District may use the following format in preparing its agenda for its regular meetings:
Call to order Roll call
Review of minutes

Specific items of old business Specific items of new business Staff reports

District Counsel

District Engineer
District Manager
Financial Report Supervisor's requests and comments Audience questions and comments Adjournment

Minutes. The Secretary shall be responsible for keeping the minutes of each meeting of the Board. Minutes shall be corrected and approved by the Board at a subsequent meeting.

Receipt of Notice. 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 Chairman, or Vice-Chairman if the Chairman is unavailable, may convene an emergency meeting of the Board without first having complied with subsections ( 1), (2) and (4), to act on emergency matters that may affect the public health, safety or welfare. Whenever possible, the Chairman shall make reasonable efforts to notify all Board members of an emergency meeting twenty-four (24) hours in advance. Reasonable efforts may include telephone notification. 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. Whenever an emergency meeting

	 is called, the District Manager shall be responsible for, notifying at least one major

newspaper of general circulation in the District. Actions taken at an emergency meeting may be ratified by the Board at a regularly noticed meeting subsequently held.

Public Comment. The Board shall set aside a reasonable amount of time at each regular meeting for public comment. The time for audience comment shall be identified in the agenda. Persons wishing to address the Board are required to notify the Secretary of the Board prior to the "Audience Comment" section on the agenda. At the Board's discretion, each person wishing to address the Board will be given a three (3) minute time limit for their comments, in the interest of time and fairness to other speakers.

Budget Hearing. Notice of hearing on the annual budget(s) shall be in accord with section 190.008, Florida Statutes. Once adopted in accord with section 190.008, 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.

Continuances. Any meeting of the Board or any item or matter included on the agenda for a meeting may be continued without re-notice or re-advertising provided that the continuance is to a specified date, time and location publicly announced at the meeting where the item or matter was included on the agenda.

Specific Authority: §§ 190.055, 190.011(5), 120.53, Fla. Stat.
Law Implemented: §§ 190.007, 190.008, 120.53, 286.0105, 120.54, Fla. Stat.

Rulemaking Proceedings.

) Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to the applicable provisions of Chapter 120, Florida Statutes, and these Rules. Rulemaking proceedings shall be deemed to have been initiated upon publication of notice by the District.

Notice of Rule Development.

Except when the intended action is the repeal of a rule, the District shall provide notice of the development of proposed rules 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 paragraph (3). The notice of rule development shall indicate the subject area to be addressed by rule development, provide short, plain explanation of the purpose and effect of proposed rule, cite the specific legal authority for the proposed rule, and a statement of how a person may promptly obtain a copy of any preliminary draft, ifavailable.

All rules shall be drafted in accord with Chapter 120, Florida Statutes.

Notice ofProceedings and Proposed Rules.

Prior to the adoption, amendment, or repeal of any rule other than an 	  emergency rule, the District shall give notice of it's intended action,

setting forth a short, plain explanation of the purpose and effect of the proposed action; a reference to the specific rulemaking authority pursuant to which the rule is adopted; and a reference tq the section or subsection of the Florida Statutes or the Laws of Florida being implemented, interpreted, or made specific. The notice shall include a summary of the District's statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in section 120. 541(2), 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 must state the procedure for requesting a public hearing on the proposed rule unless one is otherwise scheduled. Except when intended action is the repeal of a rule, the notice shall include a reference both to the date on which and to the place where the notice of rule development that is required by subsection (2) appeared.

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

 	

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

Rule Development Workshops. Whenever requested in writing by any affected person, the District must either conduct a rule development workshop prior to proposing rules for adoption or the District Chairman 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 for the initiation of rulemaking proceedings pursuant to section 120.54(7), Florida Statutes, must contain the name, address and telephone number of the Petitioner, specific action requested, specific reason for adoption, amendment, or repeal, the date submitted, and shall specify the text of the proposed rule and the facts showing that the Petitioner is regulated by the District, or has substantial interest in the rulemaking, shall be filed with the District. The Board shall then act on the petition in accordance with section 120.54(7), Florida Statutes, except that copies of the petition shall not be sent to the Administrative Procedure Committee, and notice may be given in a newspaper of general circulation in the county in which the District is located.

Rulemaking Materials. After the Publication of the nptice to initiate rulemaking, the Board shall make available for public inspection and shall provide, upon request and payment of 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, Florida Statutes; and
The published notice.

Rulemaking Proceedings - No Hearing. When no hearing is requested and the Board chooses not to initiate a hearing on its own, or if the rule relates exclusively to organization, practice or procedure, the Board may direct the proposed rule be filed with the District Office no less than twenty-eight (28) days following notice.

 	 	 	

(9)

Such direction may be given by the Board either before initiating the rule adoption process or after the expiration of the twenty-one (21) days during which affected persons may request a hearing.

Rulemaking Proceedings - Hearing. If the proposed rule does not relate exclusively to organization, practice or procedure, the District shall provide (upon request) 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. Any affected person may request a hearing within twenty-one (21) days after the date of publication of the notice of intent to adopt, amend or repeal a rule.

Request for a Public Hearing.

A request for a public hearing shall be in writing and shall specify how the person requesting the public hearing would be affected by the proposed rule. The request shall be submitted to the District within twenty-one (21) days after notice of intent to adopt, amend, or repeal the rule is published as require by law, in accordance with the procedure for submitting requests for public hearing stated in the notice of intent to adopt, amend or repeal the rule.
If the notice of intent to adopt, amend, or repeal a rule did not notice a public hearing and the District determines to hold a public hearing, the District shall publish notice of a public hearing in a newspaper of general circulation within the District at least seven (7) days before the scheduled public hearing. The notice shall specify the da_te, 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 within a specified period of time prior to or following the public hearing. All timely submitted written statements shall be considered by the District and made part of the rulemaking record.

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

 	 	 	 	

Negotiated Rulemaking. The District may use negotiated rulemaking m developing and adopting rules pursuant to section 120.54, Florida Statutes.

Variances and Waivers. Variances and waivers from District rules may be granted subject to the provisions and limitations contained in section 120.542, Florida Statutes.

Specific Authority: §§ 190.011(5), 190.011(15), 120.54, 190.035, Fla. Stat. Law Implemented: §§ 120.54, 190.035(2), Fla. Stat

 	

Decisions Determining Substantial Interests.

I

) Conduct of Proceedings. Proceedings may be held by the District in response to a written request submitted by a substantially affected person within fourteen ( 14) days after written notice or published notice of District action or notice of District intent to render a decision. Notice of both action taken by the District and the District's intent to render a decision shall state the time limit for requesting a hearing and shall reference the District's procedural rules. Ifa hearing is held, the Chairman shall designate any member of the Board (including the Chairman), District Manager, District General Counsel or other person to conduct the hearing.

The person conducting the hearing may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

Regulate the course of the hearing, including any prehearing matters;
Enter orders;
5.	Make or receive offers of settlement, stipulation, and adjustment.
	 (a)	The person conductfog the hearing 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.

(b)	The District shall issue a final order within forty-five (45) days: After the hearing is concluded, if conducted by the Board;

After a recommended order is submitted to the Board and mailed to all parties, if the hearing is conducted by persons other than the Board; or
After the Board has received the written and oral material it has authorized to be submitted, ifthere has been no hearing.

Eminent Domain. After determining the need to exercise the power of eminent domain pursuant to subsection 190. 11(11), Florida Statutes, the District shall follow those procedures prescribed in Chapters 73 and 74, Florida Statutes. Prior to exercising the power of eminent domain, the District shall:

 	

Adopt a resolution identifying the property to be taken;

If the property is beyond the boundaries of the District, obtain approval by resolution of the governing body of the county if taking will occur in an unincorporated area or of the municipality if the taking will occur within the municipality.
Specific Authority: §§ 190.011(5), 190.011(15), Fla. Stat. Law Implemented: §§ 190.011(11), Fla. Stat.

 	 	 	

Purchasing, Contracts, Construction and Maintenance.

Purpose and Scope. In order to comply with sections 190.033( 1) through (3),

287.055 and 287.017, Florida Statutes, the following procedures and rules are outlined for the purchase of professional services, contract services, and goods, supplies, and materials.

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

 	 	 	

1	Purchases of Goods, Supplies, and Materials.

Purpose and Scope. All purchases of goods, supplies, or materials exceeding the amount provided in section 287.017, Florida Statutes, for CATEGORY FOUR, as such category may be amended from time to time, shall be purchased under the terms of these Rules. Contracts for purchases of "goods, supplies, and materials" do not include printing, insurance, advertising or legal notices.

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

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

"Responsive bid/proposal" means a bid or proposal which conforms in all material respects to the specifications and conditions in the invitation to bid or request for proposal and these Rules, and the cost components of which are appropriately balanced. A bid /proposal is not responsive if the person or firm submitting the bid fails to meet, any requirement relating to the qualifications, financial stability, or licensing of the bidder.

"Lowest Responsible bid/proposal" means, in the sole discretion of the Board, the bid or proposal (i) submitted by a person or firm capable and qualified in all respects to perform fully the contract requirements and with the integrity and reliability to assure good faith performance, (ii) is responsive to the invitation to bid or request for proposal as determined by the Board, and (iii) is the lowest cost to the District. Minor variations in the bid may be waived by the Board. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids may not be modified after opemng.
"Goods, supplies, and materials" do not include printing, insurance, advertising, or legal notices.

	 (f)		"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.
(g) "Emergency purchases" means a purchases necessitated by a sudden unexpected turn of events (e.g. acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of it's business), where the Board finds that the delay incident to competitive bidding would be detrimental to the interests of the District.

Procedure. When a purchase of goods, supplies, or materials is within the scope of this Rule, the following is appropriate:
The Board shall cause to be prepare an Invitation to Bid or Request for Proposal, as appropriate.
The Notice of lnvitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate.
The District may maintain lists of persons interested in receiving notices of invitations to bid or requests for proposals. Persons who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail.
Bids or proposals shall be opened at the time and place noted on the Invitation to Bid or Request for Proposal. Bids and proposals shall be evaluated in accordance with the invitation or request and these Rules.
The Lowest Responsive and Responsible Bid or Proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines it is in the best interests of the District. In the event the bids exceed the amount of funds available to or allocated by the District for this purchase, the bids may be rejected. The Board may require bidders to furnish performance and/or other bonds with a responsible surety to be approved by the Board.
Notice of award or 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, and by posting same in the
District Office for seven (7) days.

If only one response to an Invitation to Bid or Request for Proposal is received, the District may proceed with the procurement for goods, supplies or materials. If no response to an Invitation to Bid or Request for

 	 	 	

Proposal is received, the District may take whatever steps reasonably necessary in order to proceed with the procurement ofgoods, supplies, and
	 materials.

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), Fla. Stat. Law Implemented: §§ 190.033, Fla. Stat.

 	 	

Contracts for Construction of Authorized Project.
Scope. All contracts for the construction or improvement of any building, structure or other public construction works authorized by Chapter 190, 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, Florida Statutes, as that amount may be indexed or amended from time to time, shall be let under the terms of these Rules and comply with the bidding procedures of section 255.20, Florida Statutes, as the same may be amended from time to time. In the event of conflict between these Rules and section 255.20, Florida Statutes, the later shall control. A project shall not be divided solely to avoid the threshold bidding requirements.

Procedure.

Notice of Invitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation in the District. The notice shall allow at least twenty-one (21) days for submittal of sealed bids, unless the Board, for good cause, determines a shorter period of time is appropriate. Any project projected to cost more than $500,000 must be noticed at least thirty (30) days prior to the date for submittal of bids.
The District may maintain lists of persons interested in receiving notices of Invitation to Bid or Requests for Proposals. Persons who provide their
	 name and address to the District Office for inclusion on the list shall
receive notices by mail.

To be eligible to submit a bid or proposal, a firm or individual must, at the time of receipt of its bid or proposal:
Hold all required applicable state professional licenses in good standing.
Hold all required applicable federal licenses in good standing, if any.

If the bidder is a corporation, hold a current and active Florida Corporate Charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes.

Meet any special pre-qualification requirements set forth in the bid/proposal specifications.

Evidence of compliance with these Rules may be submitted with the bid or proposal, if required by the District.

Bids or proposals shall be opened at the time, date and place noted on the Invitation to Bid or Request for Proposals. Bids or proposals shall be evaluated in accordance with the Invitation to Bid or Request for Proposal and these Rules.

To assist in the determination of the lowest responsive and responsible bidder, the District Representative may invite public presentation by firms regarding their qualifications, approach to the project, and ability to perform the contract in all aspects.

In determining the lowest responsive and responsible bidder, the District Representative may consider, in addition to factors described in the Invitation or request, the following:
The ability and adequacy of the professional personnel employed by each bidder or proposer.

The past performance of each bidder or proposer for the District and in other professional employment settings.

The willingness of each bidder or proposer to meet time and budget requirements.

The geographic location of each bidder or proposer's headquarters or office in relation to the project.

The recent, current, and proj ected workloads of the bidder or proposer.

The volume of work previously awarded to each bidder or proposer.

Whether the cost components of each bid or proposal are appropriately balanced.

Whether a bidder or proposer is a certified minority business enterprise.

The Lowest Responsive and Responsible Bid/Proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines it is in the best interests of the District. The Board may require bidders to furnish performance and/or other bonds with a responsible surety to be approved by the Board. If the Board receives fewer than three (3) responses to an Invitation or Proposal, the Board, may, in its discretion, re-advertise for additional bids without rejecting any submitted bid. In the event the bids exceed the

 	

amount of funds available to or allocated by the District for this purchase, the bids may be rejected. Bidders not receiving a contract award shall not
	 be entitled to recover costs of bid preparation or submittal from the
District.

Notice of the award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, or by hand delivery, or by overnight delivery service, and by posting the same in the District Office for seven (7) days.

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

Law Implemented: §§ 190.033; 255.0525, Fla. Stat.

 	 	 	

Contracts for Maintenance Services.

Scope. All contracts for maintenance of any District facility or project shall be let under the terms of these Rules in the cost exceeds the amount provided in section 287.017, Florida Statutes, for CATEGORY FOUR, as such category may be amended from time to time by the State of Florida Department of Management Services. The maintenance of these facilities or projects may involve the purchase of contract services and/or goods, supplies or materials as defined herein. Where a contract for maintenance of such a facility or project includes goods, supplies or materials and/or contract services, the District may in its sole discretion, award the contract according to the Rules in this subsection in lieu of separately bidding for maintenance, goods, supplies or materials, and contract services. However, a project shall not be divided solely in order to avoid the threshold bidding requirements.

Procedure.

Notice of Invitation to Bid or request for Proposal shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period of time is appropriate.

The District may maintain lists of persons interested in receiving notices of Invitations to Bid or Requests for Proposals. Persons who provide their
	 name and address to the District Office for inclusion on the list shall
receive notices by mail.

In order to be eligible to submit a bid or pn;:>posal, a firm or individual must, at the time of receipt of the bids or proposals:

Hold the required applicable state professional licenses in good standing.

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

Hold current and active Florida Corporate Charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes, ifthe bidder is a corporation.

Meet any special pre-qualification requirements set forth in the bid proposal specifications.

Evidence of compliance with these Rules may be submitted with the bid, if required by the District.

 	 	

Bids or Proposals shall be opened at the time, date, and place noted on the Invitation to Bid or Request for Proposal. Bids and Proposals shall be evaluated in accordance with the Invitation or Request and these Rules.
To assist in the determination of the lowest responsive and responsible bidder, the District Representative may invite public presentation by firms or individuals, regarding their qualifications, approach to the project, and ability to perform the contract in all respects.
In determining the lowest responsive and responsible bidder, the District Representative may consider, in addition to factors described in the Invitation to Bid or Request for Proposal, the following:
The ability and adequacy of the professional personnel employed by each bidder or proposer.

The past performance of each bidder or proposer for the District and in other professional employment.

The willingness of each bidder or proposer to meet time and budget requirements.

The geographic location of each bidder or proposer's headquarters or office in relation to the project.
The recent, current and projected workloads of the bidder or proposer.
The volume of work previously awarded to each bidder or proposer.

Whether the cost components of each bid or proposal are appropriately balanced.

Whether a bidder or proposer is a certified minority business enterprise.

The Lowest Responsive and Responsible Bid/Proposal shall be accepted; however, the Board shall have the right to reject all bids, either because they are too high or because the Board determines it is in the best interests of the District. The Board may require bidders to furnish performance and/or other bonds with a responsible surety to be approved by the Board. If the Board receives fewer than three (3) responses to an Invitation or Proposal, the Board, may, in its discretion, re-advertise for additional bids without rejecting any submitted bid. In the event the bids exceed the amount offunds available to or allocated by the District for this purchase,

the bids may be rejected. Bidders not receiving a contract award shall not be entitled to recover costs of bid preparation or submittal from the District.
Notice of the award or intent to award, including rejection of some or all bids, shall be provided in writing to all bidders by United States Mail, or by hand delivery, or by overnight delivery service, and by posting the same in the District Office for seven (7) days.

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

Purchase of lnsurance.
) Scope. The purchases of life, health, accident, hospitalization, legal expense, or annuity insurance, or all or any kind 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 these Rules. Nothing in this Rule shall require the District to purchases insurance.
Procedure. For a purchase of insurance within the scope of these Rules, the following procedure shall be followed:
The Board shall cause to be prepared a Notice oflnvitation to Bid.
Notice of Invitation to Bid shall be advertised at least once in a newspaper of general circulation within the District. The notice shall allow at least seven (7) days for submittal of bids, unless the Board, for good cause, determines a shorter period oftime is appropriate.
The District may maintain a list of persons interested in receiving notices of Invitations to Bid. Persons who provide their name and address to the District Office for inclusion on the list shall receive notices by mail.
Bids shall be opened at the time and place noted in the Invitation to Bid.
If only one ( 1) response to an Invitation is received, the District may proceed with the purchase. If no response to an Invitation to Bid is received, the District may take whatever steps are reasonably necessary in order to proceed with the purchase.
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 which have submitted reasonable and timely bids and, in the opinion of the District, are fully qualified and capable of meeting all services and requirements. Bid responses shall be evaluated in accordance with the specifications and criteria contained in the Invitation to Bid; in addition, the total cost to the District, the cost, if any, to the District Officers, employees, or their dependents, the geographic location of the company's headquarters and offices in relation to the District, and the ability of the company to guarantee premium stability may be considered. A contract to purchase insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall need of the District, its officers, employees and or dependents.

Notice of the award or 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, and by posting the same in the District Office for seven (7) days.
Specific Authority: §§ 190.011(5), Fla. Stat. Law Implemented: §§ 112.08, Fla. Stat.

 	 	 	

Procedure for Purchasing Contractual Services.

) Scope. All purchases for contractual services (except for maintenance services) may (but are not required to) be made by competitive Invitation to Bid. If state or federal law prescribes with whom the District must contract, or established the rate of payment, then these Rules shall not apply. A contract involving goods, supplies and materials plus contractual services may, in the discretion of the Board, be treated as a contract for goods, supplies and materials.

Definitions.

"Contractual services" means rendering time and effort rather than furnishing specific goods or commodities. Contractual services do not include legal (including attorneys, paralegals, court reporters and expert witnesses, including appraisers), artistic, auditing, health, or academic program services or professional services (as defined in section 287.055(2)(a) Florida Statutes and these Rules) and shall generally be considered the services referenced by section 287.012(7), Florida Statutes. Contractual services do not include the extension of an existing contract for services if such extension is provided for in the contract terms.

1:.

"Invitation to Bid" is a solicitation for sealed bids with the contract title, date, and hour of the public bid opening designated · specifically. It includes a description of the services sought, applicable terms and conditions, evaluation criteria, including but not limited to price, and provides for a manual signature of an authorized representative.
"Request for Proposal" is a solicitation for se�led proposals with the title, date, and hour of the public opening designated and requiring the manual signature of an authorized representative. It provides a statement for services sought, applicable terms and conditions, and evaluation criteria, including but not limited to price. It may provide general information, applicable laws and rules, statement of work, functional or general specifications, proposal instructions, work detail analysis, and evaluation criteria, as necessary.

"Responsive bid or proposal" means a bid or proposal which conforms in all material respects to an Invitation to Bid or Request for Proposal and these Rules, and whose cost components are appropriately balanced. A bid or proposal is not responsive if the person or firm submitting the bid or proposal fails to meet any requirement relating to the qualifications, financial stability, or licensing ofthe bidder or proposer.

"Lowest responsible bid or proposal" means, as determined in the sole discretion of the Board, the bid (i) 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, (ii) is responsive to the Invitation to Bid or Request for Proposal as determined by the Board, and (iii) is the lowest cost to the District. Minor variations in the bid may be waived by the Board. Mistakes in arithmetic extension of pricing may be corrected by the Board. Bids may not be modified after opening.
"Proposal Most Advantageous to the District" means, as determined in the sole discretion of the Board, the proposal (i) 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, (ii) the most responsive to the Request for Proposal as determined by the Board, and (iii) which is for a cost to the District deemed reasonable by the Board. Minor variations in the proposal may be waived by the Board. Mistakes in arithmetic exten�ion of pricing may be corrected by the Board. Proposals may not be modified after opening. To assure full understanding of the responsiveness to the solicitation requirements, discussions may be conducted with qualified proposers. The proposers shall be accorded fair and equal treatment prior to the submittal date with respect to any opportunity for discussion and revision of proposals.

Procedure. When a purchase of contractual services is within the scope of this Rule (and the District has elected to follow this procedure), the following procedure shall be followed:

The Board shall cause to be prepared a notice of Invitation to Bid or Request for Proposal, as appropriate.

Notice of Invitation to Bid or Request for Proposal shall be advertised at least once in a newspaper of general circulation in the District and posted in the District office. The notice shall allow at least seven (7) days following the date of publication for submittal of bids or proposals unless the Board, for good cause, dete�mines a shorter period of time is appropriate, which shorter time period shall be specified in the advertisement of the invitation or request.

The District may maintain a list of persons interested in receiving notices of invitations to bid or requests for proposals. The District shall make a good faith effort to provide written notice, by United States Mail, to persons who provide their name and address to the District office for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with these Rules and shall not be a basis for a protest of any contract award.

 	

Bids or proposals shall be opened at the time and place noted on the Invitation to Bid and Request for Proposal. Bids and proposals shall be evaluated in accordance with the invitation or request and these Rules.

If only one (1) response to an Invitation to Bid or Request for Proposal is received, the District may proceed with the procurement for contractual services from such bidder or proposer. If no response to an Invitation to Bid or Request for Proposal is received, the District may take whatever steps are reasonably necessary in order to proceed with the procurement of the needed contractual services.

The Board has the right to reject any or all bids or proposals. The reservation regarding the right to reject shall be included in all solicitations and advertisements. If the bids or proposals exceed the amount of funds available to or allocated by the District for this purchase,
the bids or proposals may be rejecteq. Bidders and proposers not receiving a contract award shall not be entitled to recover any costs of bid or proposal preparation or submittal from the District.

The Lowest Responsive and Responsible Bid or Proposal or the most advantageous to the District, as appropriate, may be accepted by the District. The Board may require bidders to furnish bid, performance and/or other bonds with a responsible surety to be approved by the Board.

                             (4) Notice. Notice of contract award, including the rejection of some or all bids or proposals, shall be provided in writing to all bidders or proposers by United States Mail, overnight delivery, or by hand delivery, and by posting same in the District Office for seven (7) days.

Contract Renewal. Renewal of a contract for contractual services shall be in writing and shall be subject to the same terms and conditions set forth in the initial contract, unless otherwise provided in the initial contract. Renewal shall be contingent upon satisfactory performance evaluations by the District.

Contract Manager and Contract Administrator. The Board may designate a representative to function as contract manager, who shall be responsible for enforcing performance of the contract terms and conditions and serve as a liaison with the contractor. The Board may also designate a representative to function as contract administrator, who shall be responsible for maintaining all contract files and financial information. One person may serve as both contract manager and administrator.

Emergency Purchase. The District may make an emergency purchase of contractual services 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.

 	 	 	 	 	

Continuing Contract. Nothing in this Rule shall prohibit a continuing contract                                       between a firm or an individual and the District.

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

Procedure Under Consultants' Competitive Negotiations Act.
                     In order to comply with the requirements of section 287.055, Florida Statutes (regarding certain types ofprofessional services), the following procedures are outlined for selection
of firms or individuals to provide professional services exceeding the thresholds herein described and in the negotiation of such contracts.

)	Definitions.
"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 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.

"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, 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 from time to time by the State of Florida Department of Management Services to reflect inflation or other measures.
A "continuing contract" is a contract for professional services (of a type described above), entered into in accordance with this rule, between the District and a firm whereby the firm provides professional services for the District for work of a specified nature with no time limitation, except that the contract shall provide a termination clause.
"Emergency purchase" is a purchase necessitated by a sudden unexpected turn of events (e.g., 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 decides the delay incident to competitive bidding would be detrimental to the interests of the District.

Qualifying Procedures. In order to be eligible to submit a bid proposal, a firm must, at the time ofreceipt of the bid:
Hold all required applicable state professional licenses in good standing.
Hold all required applicable federal licenses in good standing, ifany.

If the bidder is a corporation, hold a current and active Florida corporate charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes.
Meet any prequalification requirements set forth in the project or bid specifications. Qualification standards may include but are not limited to, capability and adequacy of personnel, past record, and experience of the bidding entity.
Evidence of compliance with this Rule may be submitted with the bid, if requested by the District.
Public Announcement. Prior to a public announcement that professional services are required for a project, the Board shall identify the project as meeting the threshold requirement. Except in cases ofvalid public emergencies as certified by the Board, the District shall announce each occasion when professional services are required for a proj ect by publishing a notice providing a general description of the project 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 District may maintain lists of persons interested in receiving such notices. These persons are encouraged to submit annually statements of qualifications and performance data. Persons who provide their name and address to the District Manager for inclusion on the list shall receive notices by mail. The Board has the right to reject any and all bids, and such reservation shall be included in the public announcement. Bidders not receiving a contract award shall not be entitled to recover any costs ofbid preparation or submittal from the District.
Competitive Selection.
The Board shall review and evaluate the data submitted in response to the notice described above 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 firms regarding their qualifications, and/or public presentation, select and list the firms, 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 firm.
Each firm's past performance for the District in other professional employment settings.

The willingness of each firm to meet time and budget requirements.
The geographic location of each firm's headquarters or office in relation to the proj ect.
The recent, current, and projected workloads ofeach firm.
The volume of work previously awarded to each firm.
Whether a firm is a certified minority business enterprise.
Nothing in these rules shall prevent the District from evaluating and eventually selecting a firm if less than three (3) responses, including responses indicating a desire not to submit a formal bid on a given project, are received.
(c) If the selection process is administered by any person 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.

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.

In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract for more than the threshold amount provided in section 287.017, 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 within twenty-one (21) days 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 unless modified by the Board, 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 within twenty-one (21) days (unless modified by the Board to the contrary) those negotiations shall be terminated and negotiations with the third most qualified firm shall be undertaken.

Should the District be unable fo negotiate a satisfactory agreement with any of the selected firms within twenty-one (21) days (unless modified by the Board to the contrary) 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 offirms is exhausted.
Once an agreement with a firm or individual is reached, notice of the award or intent to award, including the 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, and by posting same in the District office for seven (7) days.

Continuing Contract. Nothing in this Rule shall prohibit a continuing contract between a firm or an individual 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), Fla. Stat.
Law Implemented: §§ 190.011(3), 287.055, 190.033, Fla. Stat.

Bid Protests Under Consultants' Competitive Negotiations Act.

Notwithstanding any other provision in these Rules, the resolution of any protests regarding the decision to solicit or award a contract for a bid or proposal shall be in accordance with this section.

Notice. The District shall give all bidders written notice of its decision to award or intent to award a contract (including rejection of some or all bids) by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District office for seven (7) days. The notice shall include the following statement: "Failure to file a protest within the time prescribed in Section 5.2 of the Rules of the Lake Ashton II Community Development District shall constitute a waiver of proceedings under those Rules."
Filing. Any person who is affected adversely by the District's decision or intended decision shall file with the District a notice of protest within seventy-two

(72) hours after the posting of the final bid tabulation or after receipt of the notice of the District decision or intended decision, and shall file a formal written protest within seven (7) days after the date of filing of the notice of protest. The notice of protest shall identify the procurement by title and number or any other language that will enable the District to identify it, shall state that the person intends to protest the decision, and shall state with particularity the law and facts upon which the protest is based. With respect to a protest of the specifications contained in an Invitation to Bid or in a Request for Proposals, the notice of protest shall be filed in writing within seventy-two (72) hours after the receipt of notice of the project plans and specifications (or intended project plans and specifications) in an Invitation to Bid or Request for Proposals, and the formal written protest shall be filed within seven (7) days after the date when notice of protest is filed. Failure to file a notice of protest (or failure to file a formal written protest) shall constitute a waiver of all further proceedings.

Award Process. Upon receipt of a notice of protest which has been timely filed, the District shall stop the bid solicitation process (or the contract and award process) until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances which require the continuance of the process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare, the award process may continue.

Mutual Agreement. The District, on its own initiative or upon the request of a protester, shall provide an opportunity to resolve the protest by mutual agreement between the parties within (7) days (excluding Saturdays, Sundays and legal holidays) upon receipt of a formal written request.

Proceedings. If the subject of a protest is not resolved by mutual agreement, a proceeding shall be conducted in accordance with the procedural guidelines set forth in Section 3.0.
SpecificAuthority: §§ 120.57(3), 190.011(5), Fla. Stat. Law Implemented: §§120.57(3), 190.033, Fla. Stat.

1	Protests With Respect To Contracts Awarded Or Bid Documents.

The resolution of any protests regarding Bid Documents or the decision to award a contract for a bid or proposal shall be in accordance with this Section. 5. 1.

) Notice. The District shall give all bidders or proposers written notice of a decision to award (or reject all bids) by posting the notice in the District office for seven
(7) days, with a copy being provided to all submitting firms by United States Mail or by hand delivery. The notice shall include the following statement: "Failure to file a written protest with the District within seventy-two (72) hours following the receipt of notice of the District's decision to award a contract shall constitute a waiver of any objection to the award of such contract."

Filing.

Any firm or person who is affected adversely by a District decision to award a contract shall file with the District a written notice of protest within seventy-two (72) hours after receipt of the notice of the District's decision, and shall file a formal written protest with the District within seven (7) calendar days after the date of timely filing the initial notice of protest. For purposes of this Rule, wherever applicable, filing will be perfected and deemed to have occurred upon receipt by the District. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object to or protest
	 the District's decision or contract award. The formal written protest shall
state with particularity the facts and law upon which the protest is based.

With respect to a protest regarding the Bid Documents, including specifications or other requirements contained in an Invitation to Bid or in a Request for Proposals, the notice of protest shall be filed in writing within seventy-two (72) hours after the receipt of the proposed proj ect plans and specifications or other contract documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object to or protest with respect to the aforesaid plans, specifications or contract documents.

Award Process. Upon receipt of a timely filed notice of protest, the District shall abate the contract award process until the protest is resolved by final Board action. However, if the District determines particular facts and circumstances require the continuance of the contract award process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare, the contract award process may continue. In such circumstances, the contract awarded shall be conditioned on the outcome of the protest.

 	 	

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 posted in the office of the District not less than three (3) calendar days prior to such informal proceeding, with copy being mailed to the protestant and any substantially affected persons or parties. Within fifteen ( 15) 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 above (if available), the District shall schedule a formal hearing to resolve the protest in accordance with the procedural guidelines set forth in Section 3.0 above.

Specific Authority: §§ 120.53(5), 190.011(5), Fla. Stat. Law Implemented: §§ 190.033, Fla. Stat.

Bid Protests Relating to Any Other Award.

Notwithstanding any other provision in these Rules, the resolution of any protests regarding the decision to solicit or award a contract for a bid or proposal under Sections 4. 1, 4.2, or 4. 5 shall be in accordance with this Section 5.2.

) Notice. The District shall give all bidders written notice of its decision to award or intent to award a contract-including rejection of some or all bids-by United States Mail, by hand delivery, or by overnight delivery service, and by posting same in the District office for seven (7) days.

Filing. Any person who is affected adversely by the District's decision or intended decision shall file with the District a notice of protest in writing within seventy-two (72) hours after the posting of the final bid tabulation or after receipt of the notice of the District decision or intended decision, and shall file a formal written protest within seven (7) days after the date of filing of the notice of protest. The formal written protest shall state with particularity facts and law upon which the protest is based. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of all further proceedings.

Award Process. Upon receipt of a notice of protest which has been timely filed, the District shall stop the bid solicitation process or the contract and award process until the subject of the protest is resolved. However, if the District sets forth in writing particular facts and circumstances which require the continuance of the process without delay in order to avoid an immediate and serious danger to the public health, safety, or welfare, the award process may continue.

Mutual Agreement. The District, on its own initiative or upon the request of a protester, shall provide an opportunity to resolve the protest by mutual agreement between the parties within five (5) days (excluding Saturdays, Sundays and legal holidays) of receipt of a formal written protest.

Hearing. If the subject of a protest is not resolved by mutual agreement, the District shall hold a proceeding in accordance with the procedural guidelines set forth i11 Section 3.0.
Specific Authority: §§ 190.011(5), Fla. Stat. Law Implemented: §§ 190.033, Fla. Stat.

 	 	 	

Design-Build Contract Competitive Proposal Selection Process.

)	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 ofthe 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), Florida Statutes, when developing a design criteria package, evaluating the responses or bids 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 or may be retained using Section 4.5, Procedure under Consultants' Competitive Negotiations Act.
A design criteria package for the construction project shall be developed and sealed by the design criteria professional. The package shall include concise, performance-oriented drawings or specifications of the project, and shall include sufficient information to put interested firms on notice of substantially all of the requirements of the project. 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. All 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.

The Board, in consultation with the design criteria professional, shall establish the 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 seven (7) days for submittal of proposals, unless the Board, for good cause, determines a shorter period of time is appropriate.

 	 	

The District may maintain qualification information, including: capabilities, adequacy of personnel, past record, experience, whether the firm is a certified minority business enterprise as defined by the Florida Small and Minority Business Assistance Act of 1985, and other factors, on design-build firms. Such firms shall receive a copy of the request for proposals by mail.

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

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

Hold all required applicable federal licenses m good standing, if any;
Hold a current and active Florida corporate charter or be authorized to do business in Florida in accordance with Chapter 607, Florida Statutes, ifthe bidder is a corporation;
Meet any special prequalification requirements set forth in the design criteria package.
		 Evidence of compliance with these Rules may be submitted with the bid, ifrequired by the District.

The board shall select no fewer than three (3) design-build firms as the most qualified, based on the information submitted in the response to the request for proposals, and in consultation with the design criteria professional, shall evaluate their proposals based on the evaluation standards and procedures established prior to the solicitation of requests for proposal.

The board shall negotiate a contract with the firm ranking the highest based on the evaluation standards, and shall establish a price which the board determines is fair, competitive, and reasonable. Should the board be unable to negotiate a satisfactory contract with the firm considered to be

the most qualified at a price considered by the board to be fair, competitive, and reasonable, negotiations with that firm must be terminated. The Board shall then undertake negotiations with the second most qualified firm, based on the ranking by the evaluation standards. Failing accord with the second most qualified firm, the board must terminate negotiations. The board shall then undertake negotiations with the third firm. Should the board be unable to negotiate a satisfactory contract with any of the selected firms, the board shall select additional

 	 	

firms in order of their rankings based on the evaluation standards and continue negotiations until an agreement is reached.

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 project construction with the design criteria package, and shall provide the Board with a report of the same.

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 ofthe next board meeting.
Specific Authority: §§ 190.011(5), Fla. Stat. Law Implemented: §§ 190.033; 255.20, Fla. Stat.

7.0	Effective Date.
These Rules shall be effective the 25th day of May, 2005, except that no election of officers required by these Rules shall be required until after the next regular election for the Board of Supervisors.

 	 	 	

 	

Lake Ashton II Community Development District

Chapter II
Non� Residents User Fees for Lake Ashton II Wellness Center

And Associated Amenity FacUities

 	

AFFIDAVIT OF PUBLICATION

THE LEDGER

Lakeland, Polk County, Florida

Case No's:

STATE OF FLORIDA) COUNTY OF POLK)
Before the undersi

ed authority personally appeared Paula

gn
Freeman, who on oath says that she is Inside Classified Sales
Manager The Ledger, a daily newspaper published at Lakeland in Polk County, Florida; that the attached copy ofadvertisement, being A

Public Notice in the matter ofNotice of Meeting

Concerning Lake Ashton II Community Development District

was published in said newspaper in the issues of 12-31; 2007

Affiant further says that said The Ledger is a newspaper published at Lakeland, in said Polk County, Florida, and that the said newspaper has heretofore been continuously published in said Polk County, Florida, daily, and has been entered as second class matter at the post office in Lakeland, in said Polk County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing'

this advertisement fur

on in the said newspaper.

gn

Ti

Si ed.. 

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Who is personally known to me.

Sworn to and subscribed before me this.�•.�. ��-- .. ...••..•... 
day �.�.... ...  A.D. 20....0.�......

Notary Public

iiJ::t;:�..�..�

(Seal) MyCommissi

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PAii�iw./>JIN ROUSE t!y COMMISSION H DD 330015
f.XPIAES: Oclober 17, 2008
-�'l'mill'l'.NPliUJ E'ublk:J.lnd,..isra• •

AFFIDAVIT OF PUBLICATION

i

THE LEDGER
Lakeland, Polk County, Florida

Case No's:

STATE OF FLORIDA) COUNTY OF POLK)

A

Freeman,   who on oath says that   she is Inside Classified Sales

Before  the  undersigned  authority  personally  appeared  P    a PManaolk CgoerunThty,eFLloeridgda;er,thata dathileyattachnewsepdapercoppyubofliashdvedertiatseLakmenet,labnedinign
Notice ofRule Making
in the matter of Lake Ashton Il Community Development District
Concerning Developing Rules
was published in said newspaper in the issues of 12-7; 2007

at  Lakeland,  in  said  Polk  County,  Florida,  and  that  the  said

Affiant further says that said The Ledger is a newspaper publishe

County, Florida, daily, and has been entered as second class matter

period  of one  year next preceding  the first publication  of the

newspaper has heretofore been continuously published in said Polk              at the post office in Lakeland, in said Polk County, Florida, for a

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discount, rebate, commission or refund for th purpose of securing

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Who is personally known to me.

s� lns1 e Classifianed Sales Manager

Notary Public

Sworn to and subscribed before me this...7..�.................
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A520 L060g069vu

 	 	 	 	

AFFIDAVIT  OF PUBLICATION

THE LEDGER
Lakeland, Polk County, Florida

Case No's:
STATE OF FLORIDA) COUNTY OF POLK)

Before the undersigned authority personally appeared Paula Freeman, who on oath says that she is Inside Classified Sales Manager The Ledger, a daily newspaper published at Lakeland in Polk County, Florida; that the attached copy of advertisement, being A
Notice to Proposed Rule Development

in the matter of Lake Ashton II Community Development District

Concerning Developing Rules

was published in said newspaper in the issues of 12-6; 2007

Afliant further says that said The Ledger is a newspaper published at Lakeland, in said Polk County, Florida, and that the said newspaper bas heretofore been continuously published in said Polk County, Florida, daily, and bas been entered as second class matter at the post office in Lakeland, in said Polk County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that be bas neither paid nor promised any person, firm or corporation any , discowt, rebate, commission or refimd for the purpose of securing this advertisement for publi	o in the said newspaper.

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.
Notazy Public

(Seal)

PATRiGIA ANN ROUSE

Th:�

MY COMMISSlrn� # DD 330015 EXPIRES: October 17, 2008
�'.:'.!'!,:� Notary Pubnc Unde�vrtters

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AS 19 L060g069vt

RESOLUTION 2008-04

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT ESTABLISHING AND/OR MODIFYING RULES AND POLICIES FOR THE UTILIZATION OF THE COMMUNITY AMENITY FACILITIES AND SUPPORTING A RATE STRUCTURE FOR USE OF SUCH FACILITIES.

WHEREAS, the Lake Ashton II Community Development District (hereinafter the "District") is a local unit of special purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated in Polk County, Florida; and
WHEREAS, the District owns and operates certain recreational amenity facilities within the District (herein the "Amenity Facilities"); and

I.'

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WHEREAS, pursuant to Chapter 190, Flor�da Statutes, the District is authorized to adopt rules and orders pursuant to the provisions of chapter 120, Florida Statutes, prescribing the conduct of the business of the District;
WHEREAS, Chapter 190, Florida Statutes, authorizes the District to prescribe, fix, establish, and collect rates, fees and other charges for facilities and services furnished by the District; and

WHEREAS, the District has complied with the provisions of chapter 120 and conducted a public hearing to address a proposed rule establishing 1) a fee for the use of the Amenity Facilities by members of the pubic who do not reside or own real property within the District; 2) policies and procedures regarding the everyday use of the District's Amenity Facilities; and 3) such other related rules and policies as may be necessary for the use of the District's Amenity Facilities, as contemplated herein; and
WHEREAS, the Board finds that the rates, rules and policies set forth in the attached Composite Exhibit "A", including the imposition of fees for utilization of the Amenity Facilities, is necessary in order to provide for the orderly operation of the District and the expenses associated with the operation and maintenance of the Amenity Facilities and is in the best interests of the District; and

WHEREAS, the Board finds that the rates, rules and policies set forth in Composite Exhibit "A", including the fee structure, is just, equitable and uniform for users of the same class having been based upon (i) the amount of service furnished; (ii) the average number of persons residing or working in or otherwise occupying the premises served; and upon (iii) other factors affecting the use of the facilities furnished.

 	 	

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT AS FOLLOWS:

Section 1. Adoption of Rates, Rules and Policies. The rates, rules and policies set forth in Composite Exhibit "A" and incorporated herein, including the fees set forth therein, are just and equitable and have been based upon (i) the amount of service furnished; (ii) the average number of persons residing or working in or otherwise occupying the premises served; and upon

(iii) other factors affecting the use of the facilities furnished. The rates, rules and policies set forth in Composite Exhibit "A" attached hereto, including the fees for use of the District' s Amenity Facilities, are hereby adopted in accordance with the attached Composite Exhibit "A" for the purpose of providing rev.enues to effectuate the operation and maintenance of the facilities, and are hereby ratified, approved and confirmed.

Section 2. Prior Rates, Rules and Policies. Any rates, rules or policies established by the District prior to the effective date of this Resolution and pertaining to the District' s Amenity Facilities are hereby superseded by this Resolution and the· rates, rules, policies and fees set forth in the attached Composite Exhibit "A".

Section 3. Severability. If any section, paragraph, clause or prov1s1on of this Resolution shall be held to be invalid or ineffective for any reason, the remaind�r of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause ot provision.

Section 4. adoption.

Effective Date. This Resolution shall take effect immediately upon its

Community Development District, this 8

day of January, 2008.

PASSED in Public Session ofth the Board of Supervisors, of the Lake Ashton II

Attest:

LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT

 	
Secretary/Asst. Secretary

By:

Mark Schrieber,
Chairman of the Board of Supervisors

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RULES OF THE

	 LAKE ASHTON II COMMUNITY DEVELOPMENT DISTRICT

CHAPTER _JJ_

FEES FOR USE OF LAKE ASHTON II WELLNESS CENTER AND ASSOCIATED AMENITY FACILITIES

PURPOSE. The purpose ofthis Rule is to establish a fee schedule for the use ofthe Lake Ashton II Health and Fitness Center facilities and amenities (collectively referred to as the "Center") by members of the public who neither reside in nor own property within the Lake Ashton Community II Development District (the "CDD"); providing definitions; providing procedures for payment of such fees; and providing an effective date.

SECTION 1. The Lake Ashton II Community Development District does hereby establish the uniform policies and comprehensive fee schedule for the use of the Center by members ofthe public who do not reside in nor own property within the CDD.

The CDD property owners have, through the payment of assessments and maintenance fees, made a long-term commitment to financing the construction and operation of the Center, as well as the ongoing maintenance and operations of the Center and all related CDD facilities.

An additional class of users of the Center is those families and individuals who do not reside in nor own property within the CDD. The fee schedule set forth in Section 1.3 herein has been established by the CDD for payment . by such families and individuals for use of the Center. This fee schedule has been promulgated based upon the actual costs paid or to be paid by property owners within the CDD, to allow such "non-CDD" users to use the Center on the same basis as CDD members.

 	 	

Fee Schedule.

Annual Membership. The annual membership fee to be paid by those families or individuals who do not reside in nor own property within the CDD shall be
$2,400.00, to be paid in full at the time of application for membership. Membership shall include up to two {2) members per household. Each subsequent annual membership fee shall be paid in full on the anniversary date of application for membership.

Increases, Fee Non-Refundable. Such fee may be increased, not more than once per year, by action of the �oard of Supervisors, to reflect increased costs ofoperation of the Center. All fees shall be fully non-refundable after receipt by the CDD. Yearly increases,
if any, will be due at renewal.anniversary date.

CDD staff, or an agent ofthe CDD, shall prepare an information sheet consisting of name, address and other pertinent information for the "non-CDD" families or individuals who desire to pay for usage of the Center, and the staff shall develop and maintain such records and/or perform such ministerial tasks · as are necessary to manage the collection and documentation of such fees and Center usage. CDD staff may also require the "non-CDD" families or individuals to execute a "Non-Resident User Agreement" or similar document, as well as a waiver and indemnification form, prior to using the Center.

In addition to this Rule, "non-CDD" families .or individuals desiring to utilize the Center will be required to comply with all regulations, policies and procedures set forth in the CDD's Amenity Facilities Policies, as adopted by the �oard of Supervisors and amended from time to time.

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In accordance with that certain Interlocal Agreement between Lake Ashton Community Development District and Lake Ashton II Community Development District pertaining to reciprocal use of amenity facilities dated December 14, 2005 (the "Interlocal Agreement"), any "non-CDD" individual(s) paying the required fees and fulfilling the other obligations hereunder shall have reciprocal use of the amenity facilities located in Lake Ashton Community Development District at no additional cost. Such reciprocal use shall be subject to the Interlocal Agreement and other applicable rules and polices of both districts.

SECTION 2 -- DEFINITIONS.

2. 1 "CDD" -- The Lake Ashton II Community Development District, as defined in Section 2.3 herein.

"Fee Schedule" -- A fee established to defray the cost of construction, operation and maintenance of the Center property by those families and individuals who do not reside in nor own property within the CDD.

"Lake Ashton II Community Development District" -- A political subdivision of the State of Florida, created pursuant to Chapter 190 ofthe Florida Statutes.

"Resident" -- Person or persons owning a home or lot within the Lake Ashton II Community Development District.
Terms "May" and "Shall" -- As used herein, the word "may" is permissive, and the word "shall" is mandatory.

"Center" -- Real property and improvements owned by the CDD consisting of and including, but not limited to, the Lake Ashton II Health and Fitness Center, swimming pool,

3

 	

tennis courts, fitness center, sports courts, card and craft rooms and other amenities related to the

Center.

PASSED AND ADOPTED THIS 8th DAY OF JANUARY, 2008.

Specific Authority:	Chapter 190.035(1); 120.54, Florida Statutes

Law Implemented:	Chapter 190.031, 190.035(1), 190.036, 190.037, 190.041,
190.012(1), Florida Statutes

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