Pier Park Community Development District

Board of Supervisors’ Regular Meeting February 8, 2021

District Office:
120 Richard Jackson Blvd, Suite 220 Panama City Beach, Florida 32407 850-334-9055

www.pierparkcdd.org

PIER PARK COMMUNITY DEVELOPMENT DISTRICT AGENDA

Rizzetta & Company, Inc., 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, FL 32407

District Board of Supervisors	Chris Tilley
Marek Bakun	Chairman
Vice Chairman	
	Vacant	Board Member	
	Ken Goldberg Chris Tilley Jr	Assistant Secretary Assistant Secretary	
District Manager	Kimberly O’Mera	Rizzetta & Company, Inc	
District Counsel	Joseph Brown	Hopping Green & Sams, P.A.	
District Engineer	Robert Carroll	McNeil Carroll, Engineering, Inc.	

All cellular phones must be placed on mute while in the meeting room.

The Audience Comment portion of the agenda is where individuals may make comments on matters that concern the District. Individuals are limited to a total of three
minutes to make comments during this time.

Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (850) 334-9055. If you are hearing or speech impaired, please contact the Florida Relay Service by dialing 7-1- 1, or 1-800-955-8771 (TTY)1-800-955-8770 (Voice), who can aid you 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 including the testimony and evidence upon which the appeal is to be based.

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
DISTRICT OFFICE  120 RICHARD JACKSON BLVD  SUITE 220 PANAMA CITY BEACH, FL 32407
www.PierParkCDD.org

Board of Supervisors Pier Park Community Development District

Dear Board Members:

February 1, 2021

AGENDA

The regular meeting of the Board of Supervisors of the Pier Park Community Development District will be held on Monday, February 8, 2021 2020 at 10:00 a.m. (CDT) at the City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, FL 32413. The following is the tentative agenda for this meeting:

CALL TO ORDER/ROLL CALL
AUDIENCE COMMENTS
BUSINESS ADMINISTRATION
Acceptance of Resignation of Supervisor Wes Payne	Tab 1
Consideration of Candidate for Vacant Seat
Administration of Oath of Office	Tab 2
Consideration of the Minutes of the Board of Supervisors’
Regular Meeting held on November 9, 2020	Tab 3
Ratification of Operation and Maintenance Expenditures for
October 2020 – December 2020	Tab 4
Ratification of Operation and Maintenance Expenditures from
OLTR Fund for October 2020 – December 2020	Tab 5
BUSINESS ITEMS
Presentation of Amended and Restated Rules of Procedure	Tab 6
Consideration of Resolution 2021-02,
Designating Public Hearing	Tab 7
Ratification of Landscape Maintenance Agreement and Work Authorization No. 1	Tab 8
Discussion Regarding 2021-2022 Budget and Assessment
Discussion Regarding Beachfront Maintenance
STAFF REPORTS
District Counsel
District Engineer
District Manager
Property Manager
SUPERVISOR REQUESTS
ADJOURNMENT

I look forward to seeing you at the meeting. In the meantime, if you have any questions, please do not hesitate to call me at 850-334-9055.

Sincerely, Kimberly O’Mera Kimberly O’Mera District Manager

Pier Park Community Development District
Agenda – Page 2 October 26, 2020

cc:	Joe Brown, Hopping Green & Sams P.A. Robert Carroll, McNeil Carroll Engineering, Inc. Scott A. Richardson, Simon Property Group Erica Black, Simon Property Group
Brian Nelson, Simon Property Group
Martin Horak, Simon Management Associates, LLC Brian Salter, The St. Joe Company
Danny Tyler, Nabors, Giblin, & Nickerson, P.A.

Tab 1

From: CTilley@simon.com <CTilley@simon.com>
Sent: Tuesday, November 3, 2020 11:58 AM To: Joseph Brown <JosephB@hgslaw.com> Subject: Fwd: [EXT] Pier Park CDD Resignation

Notice: External

FYI

Sent from my iPhone Begin forwarded message:
From: "Wesley Payne" <wesleypayne@hotmail.com>
Date: November 3, 2020 at 10:56:56 AM CST To: "ctilley@simon.com" <ctilley@simon.com> Subject: [EXT] Pier Park CDD Resignation

Chris,

Sorry for the delay, however, due to circumstances beyond my control, I will no longer be able to serve on the CDD board. Please let this serve as my resignation letter to the board.

I was a pleasure to serve the businesses of the Pier Park CDD and the board for nearly ten years.

Thank you and let me know if you need anything further. Wesley Payne

Tab 2

PIER PARK
COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS
OATH OF OFFICE

I, 	, A CITIZEN OF THE STATE OF FLORIDA AND OF THE UNITED STATES OF AMERICA, AND BEING EMPLOYED BY OR AN OFFICER OF PIER PARK COMMUNITY DEVELOPMENT DISTRICT AND A RECIPIENT OF PUBLIC FUNDS AS SUCH EMPLOYEE OR OFFICER, DO HEREBY SOLEMNLY SWEAR OR AFFIRM THAT I WILL SUPPORT THE CONSTITUTION OF THE UNITED STATES AND OF THE STATE OF FLORIDA.

Board Supervisor
ACKNOWLEDGMENT OF OATH BEING TAKEN STATE OF FLORIDA
COUNTY OF BAY

The foregoing oath was administered before me by means of ▢ physical  presence
or	▢	online	notarization	this	 		day	of	 	,	2021,	by

personally known to me or has produced

,  who  personally  appeared  before  me,  and  is
as identification,

and is the person described in and who took the aforementioned oath as a Member of the
Board of Supervisors of the Pier Park Community Development District and acknowledged to and before me that he/she took said oath for the purposes therein expressed.

(NOTARY SEAL)

Notary Public, State of Florida

Print Name:  	

Commission No.: 	Expires:  	

Tab 3

1
2	MINUTES OF MEETING
3
Each person who decides to appeal any decision made by the Board with respect
to any matter considered at the meeting is advised that the 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.
8
9	PIER PARK
10	COMMUNITY DEVELOPMENT DISTRICT
11
The regular meeting of the Board of Supervisors for Pier Park Community
Development District was held on Monday, November 9, 2020 at 10:02 a.m. (CDT) at
The Panama City Beach City Hall located at 17007 Panama City Beach Parkway,
Panama City Beach, FL 32413.
16
17	Present:
18
Chris Tilley Sr.	Board Supervisor, Chairman
Marek Bakun	Board Supervisor, Vice Chairman
Ken Goldberg	Board Supervisor, Assistant Secretary
22
23
24	Also present were:
25
Kimberly O’Mera	District Manager, Rizzetta & Company, Inc.
Justin Croom	District Manager, Rizzetta & Company. Inc.
Joseph Brown	District Counsel, Hopping Green & Sams
(via speakerphone)
Martin Horak	Property Manager
Audience	Chris Tilley Jr. (via speakerphone)
32
33	FIRST ORDER OF BUSINESS	Call to Order
34
Mr. Croom called the meeting to order at 10:02 a.m. (CDT) and conducted roll call,
confirming a quorum for the meeting.
37
38	SECOND ORDER OF BUSINESS	Audience Comments
39
40	There were no audience comments.
41
42
43
44
45

47	THIRD ORDER OF BUSINESS	Acceptance of Resignation –	
48		Supervisor Syara Perez	
49			
50			
	On a Motion by Mr. Tilley, seconded by Mr. Bakun, with all in favor, the Board accepted the resignation of Supervisor Syara Perez and consideration of Supervisor Candidate Chris Tilley Jr. for Pier Park Community Development District.	
51
FOURTH ORDER OF BUSINESS	Consideration of Minutes of the Board
of  Supervisors  Special  Meeting  Held
on August 10, 2020
55

On a Motion by Mr. Goldberg, seconded by Mr. Tilley, with all in favor, the Board approved the Minutes of the Board of Supervisors’ Special Meeting held on August 10, 2020, for Pier Park Community Development District.

56
FIFTH ORDER OF BUSINESS	Ratification	of	Operation	and
Maintenance	Expenditures	for	July
2020 – September 2020
60
Mr. Croom reviewed the expenditures for July 2020 through September 2020 with
the Board.
63

On a Motion by Mr. Bakum, seconded by Mr. Tilley, with all in favor, the Board ratified the Operation and Maintenance Expenditures for July 2020 ($28,106.51), August 2020 ($29,216.78), and September 2020 ($39,176.79), for Pier Park Community Development District.

64
SIXTH ORDER OF BUSINESS	Ratification of Operation and
Maintenance Expenditures for the
OLTR Fund for July 2020 – September
68	2020
69
Mr. Croom reviewed the expenditures for July 2020 through September 2020 with
the Board. There was a promissory note that was paid during the September 2020
period.
73

On a Motion by Mr. Goldberg, seconded by Mr. Tilley, with all in favor, the Board ratified The OLTR Operation and Maintenance Expenditures for July ($18,453.87), August 2020 ($13,200.92), and September 2020 ($535,123.95), for Pier Park Community Development District.

74
75
76
SEVENTH ORDER OF BUSINESS	Consideration Resolution 2021-01,

Re-Designating Assistant Secretary,
Consideration of Appointment of
Supervisor Candidate
81
Mr. Croom turned over discussion on Re-designating Assistant Secretaries
to Mr. Brown.
Mr. Brown advised there is nothing in the statues about familial relationships and
Reviewed the Sunshine Law with the Board. Mr. Brown advised that any email
about the district is public record and advised keeping district messages separate
from personal emails.
88
89	 	

On a Motion by Mr. Tilley seconded by Mr. Bakun, with all in favor, the Board approved Chris Tilley Jr as Assistant Secretary and Kimberly O’Mera as Assistant Secretary for Pier Park Community Development District

90
EIGHTH ORDER OF BUSINESS	Ratification of Work Authorization
No. 2 – Regarding
Landscape/Irrigation/Infrastructure
Maintenance Services Agreement –
Rotolo Consultants, Inc.
96
Mr. Croom presented  and reviewed Work Authorization  No. 2 Regarding
Landscape/Irrigation/Infrastructure Maintenance  Services Agreement by Rotolo
Consultants LLC. This will remove Aaron Bessant Park maintenance and the city
will take over the maintenance. The city will provide a letter of agreement to
document the obligation  and cost. Payment will not be processed  until the
agreement is received.

On a Motion by Mr. Goldberg, seconded by Mr. Tilley, with all in favor, the Board ratified Work Authorization No. 2 Regarding Landscape, Irrigation, and Infrastructure Maintenance Services Agreement for Pier Park Community Development District.	

NINTH ORDER OF BUSINESS	Discussion Regarding City
Maintenance of Aaron Bessant Park

Mr. Brown advised the Board to move to authorize staff to enter into an agreement
with the city for Maintenance of Aaron Bessant Park.

On a Motion by Mr. Bakun, seconded by Mr. Goldberg, with all in favor, the Board approved entering into an agreement with the city for Maintenance of Aaron Bessant Park, for Pier Park Community Development District.	

114	TENTH ORDER OF BUSINESS	Staff Reports
115
116	A.	District Counsel
117
118	Mr. Brown had nothing to report.
119
120	B.	District Engineer
121
122	The District Engineer was not present.
123
124	C.	District Manager
125
Mr. Croom announced that Mrs. O’Mera would be assuming the District
Manager position.

D.	Property Manager

Mr. Horak had nothing to report.

ELEVENTH ORDER OF BUSINESS	Supervisor Requests

There were no Supervisor requests.

160	TWELFTH ORDER OF BUSINESS	Adjournment
161	 	
On a Motion by Mr. Tilley, seconded by Mr. Bakun, with all in favor, the Board of Supervisors adjourned  the meeting at 10:34 a.m., for Pier Park Community Development District.	

162		
163		
164		
165	 	_	 		
166	Secretary/Assistant Secretary	Chairman/Vice Chairman	

Tab 4

Pier Park Community Development District
DISTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
October 2020

Attached please find the check register listing the Operation and Maintenance expenditures paid from October 1, 2020 through October 31, 2020. This does not include expenditures previously approved by the Board.

The total items being presented: $9,724.62

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District
Paid Operation & Maintenance Expenditures
October 1, 2020 Through October 31, 2020

Vendor Name	Check Numbe Invoice Number	Invoice Description	Invoice Amount

004013

004011

004011

004014	COPB Summary 10/20
21039-60759
09/20
21092-86761
09/20
INV0000053350	Utility Summary 10/20
600 Pier Park Dr. Celebration Tower 09/20 15700 LC Hilton JR Dr. - Irrigation 09/20 District Management Fees 10/20	
004016	INV0000006401	Email/Website Hosting Services 10/20	
004015	52330	Removal Tree Damage 10/20	
004015	52333	Broken Main Line 10/20	
004015	52334	Broken Main Line 10/20	
004017	531211	Monthly Lake Maintenance 10/20	
004012	2000	Web Design ADA Compliance	

$	2,193.48	
$	100.06	
$	69.51	
$	5,329.67	
$	175.00	
$	280.00	
$	457.00	
$	468.00	
$	431.90	
 $		220.00	

 $		
9,724.62	

City of Panama City Beach Gulf Power
Gulf Power

Rizzetta & Company, Inc. Rizzetta Technology Services Rotolo Consultants, Inc.
Rotolo Consultants, Inc. Rotolo Consultants, Inc. The Lake Doctors, Inc. VGlobaltech

Report Total

Pier Park Community Development District
DISTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
November 2020

Attached please find the check register listing the Operation and Maintenance expenditures paid from November 1, 2020 through November 30, 2020. This does not include expenditures previously approved by the Board.

The total items being presented: $10,235.21

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Vendor Name	Check Numbe Invoice Number	Invoice Description	Invoice Amount

BCS Maintenance, LLC	004020	952	Power Sweeping and Sidewalk Maintenance	$	1,009.05	

Christopher Von Tilley	
004032	
CT110920	10/20
Board of Supervisors Meeting 11/09/20	
$	200.00	
Chuck Perdue, Bay County	004021	CP0882200 TY-	32739-020-000 Non-Ad Valorem Taxes 2020	$	40.85	
Tax Collector
City of Panama City Beach	
004022	2020
COPB Summary	
Utility Summary 11/20	
$	1,301.93	
		11/20			
Department of Economic	004023	82625	Special District Fee FY 20/21	$	175.00	
Opportunity Gulf Power	
004024	
21039-60759	
600 Pier Park Dr. Celebration Tower 10/20	
$	0.09	
		10/20			
Gulf Power	004019	21092-86761	15700 LC Hilton JR Dr. - Irrigation 10/20	$	1.06	
		10/20			
Gulf Power	004018	24000-03642	Summary Bill Master Account #24000-03642	$	277.16	
		10/20	10/20		
Hopping Green & Sams	004025	117698	General/Monthly Legal Services 09/20	$	290.00	
Kenneth D Goldberg	004031	KG110920	Board of Supervisors Meeting 11/09/20	$	200.00	
Rizzetta & Company, Inc.	004027	INV0000054219	District Management Fees 11/20	$	5,329.67	
Rizzetta Technology Services	004028	INV0000006506	Email/Website Hosting Services 11/20	$	175.00	
Rotolo Consultants, Inc.	004026	52403	Irrigation Repair 10/20	$	583.50	

Vendor Name	Check Numbe Invoice Number	Invoice Description	Invoice Amount
The Lake Doctors, Inc.	004029	537609	Monthly Lake Maintenance 11/20	$	431.90
VGlobaltech	004030	2077	Web Design ADA Compliance	 $	220.00

Report Total	 $		10,235.21	

Pier Park Community Development District
DISTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
December 2020

Attached please find the check register listing the Operation and Maintenance expenditures paid from December 1, 2020 through December 31, 2020. This does not include expenditures previously approved by the Board.

The total items being presented: $27,934.85

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Vendor Name	Check Numbe Invoice Number	Invoice Description	Invoice Amount

Artistic Neon & Signs, Inc.	004043	14961	Power Supply 12VDC Indoor 60W 12/20	$	287.35	
City of Panama City Beach	004039	COPB Summary	Utility Summary 12/20	$	737.30	
		12/20			
Gatehouse Media	004040	1026541-1120	Acct #1026541 Legal Advertising 11/20	$	293.34	
Gulf Power	004037	21092-86761	15700 LC Hilton JR Dr. - Irrigation 11/20	$	146.25	
		11/20			
Gulf Power	004036	24000-03642	Summary Bill Master Account #24000-03642	$	1,738.88	
		11/20	11/20		
Hopping Green & Sams	004033	118344	Quarterly Board Meeting 10/20	$	55.00	
Hopping Green & Sams	004033	118345	General/Monthly Legal Services 10/20	$	1,677.50	
Rizzetta & Company, Inc.	004034	INV0000054695	District Management Fees 12/20	$	5,329.67	
Rizzetta Technology Services	004035	INV0000006608	Email/Website Hosting Services 12/20	$	175.00	
Rotolo Consultants, Inc.	004041	SM20078	Landscape Maintenance 05/20	$	3,231.53	
Rotolo Consultants, Inc.	004044	SM23179-Rev	Landscape Maintenance 10/20	$	10,759.15	
Simon Property Group, Inc.	004045	201132	Management Fee 10/20	$	950.66	
Simon Property Group, Inc.	004045	201133	Management Fee 11/20	$	950.66	

Vendor Name	Check Numbe Invoice Number	Invoice Description	Invoice Amount

Simon Property Group, Inc.	004045	201134	Management Fee 12/20	$	950.66	
The Lake Doctors, Inc.	004042	543469	Monthly Lake Maintenance 12/20	$	431.90	
VGlobaltech	004038	2149	Web Design ADA Compliance	 $	220.00	

Report Total	 $	27,934.85

Tab 5

Pier Park Community Development District
DISlTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
October 2020 OLTR Fund

Attached please find the check register listing the Operation and Maintenance expenditures paid from October 1, 2020 through October 31, 2020. This does not include expenditures previously approved by the Board.

The total items being presented: $9,162.17

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Pier Park Community Development District OLTR Fund
Paid Operation & Maintenance Expenditures October 1, 2020 Through October 31, 2020

Vendor Name	Check Number Invoice Number	Invoice Description	 Invoice Amount

118 Waste Pro - Panama City	021121	0001101112	Solid Waste Service 10/20	$	224.59	
City of Panama City Beach	021118	COPB Summary 10/20	Utility Summary 10/20	$	1,048.91	
ERMC, LLC	021123	303273	Janitorial Services 09/20	$	5,751.00	
Rizzetta & Company, Inc.	021119	INV0000053350	District Management Fees 10/20	$	948.09	
TEK Distributors, Inc.	021120	381954	Restroom Supplies 05/20	$	326.48	
TEK Distributors, Inc.	021120	388112	Restroom Supplies 10/20	$	678.00	
The Lake Doctors, Inc.	021122	531211	Monthly Lake Maintenance 10/20	$	185.10	

Report Total	$	9,162.17

Pier Park Community Development District
DISlTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
November 2020 OLTR Fund

Attached please find the check register listing the Operation and Maintenance expenditures paid from November 1, 2020 through November 30, 2020. This does not include expenditures previously approved by the Board.

The total items being presented: $10,311.85

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Vendor Name	Check Number Invoice Number	Invoice Description	 Invoice Amount

118 Waste Pro - Panama City	021132	0001110473	Solid Waste Service 11/20	$	224.59	
BCS Maintenance, LLC	021126	952	Power Sweeping and Sidewalk	$	912.95	

City of Panama City Beach	
021127	
COPB Summary 11/20	Maintenance 10/20 Utility Summary 11/20	
$	622.58	
ERMC, LLC	021133	306152	Janitorial Services 10/20	$	5,942.70	
Gulf Power	021124	24000-03642 10/20	Summary Bill Master Account #24000-	$	39.59	

Rizzetta & Company, Inc.	
021128	
INV0000054219	03642 10/20
District Management Fees 11/20	
$	948.09	
TEK Distributors, Inc.	021125	388416	Restroom Supplies 10/20	$	153.18	
TEK Distributors, Inc.	021125	388578	Restroom Supplies 10/20	$	567.58	
TEK Distributors, Inc.	021129	388963	Restroom Supplies 10/20	$	324.00	
TEK Distributors, Inc.	021129	388989	Restroom Supplies 10/20	$	17.66	
TEK Distributors, Inc.	021134	389329	Restroom Supplies 11/20	$	138.83	
Terry's Plumbing Service, LLC	021130	14643	Restroom Repairs 10/20	$	235.00	
The Lake Doctors, Inc.	021131	537609	Monthly Lake Maintenance 11/20	$	185.10	

Vendor Name	Check Number Invoice Number	Invoice Description	 Invoice Amount

Report Total	$	10,311.85

Pier Park Community Development District
DISlTRICT OFFICE · 120 RICHARD JACKSON BLVD · SUITE 220 · PANAMA CITY BEACH, FL 32407

Operation and Maintenance Expenditures For Board Approval
December 2020 OLTR Fund

Attached please find the check register listing the Operation and Maintenance expenditures paid from December 1, 2020 through December 31, 2020. This does not include expenditures previously approved by the Board.

The total items being presented: $22,379.37

Approval of Expenditures:

 	 Chairperson

 	 Vice Chairperson

 	 Assistant Secretary

Vendor Name		Check Number Invoice Number		Invoice Description		 Invoice Amount	

118 Waste Pro - Panama City	
021144	
0001116398	
Solid Waste Service 12/20	
$	224.59	
City of Panama City Beach	021139	COPB Summary 12/20	Utility Summary 12/20	$	352.57	
ERMC, LLC	021140	309788	Janitorial Services 11/20	$	5,751.00	
Florida Select Tree Services, LLC	021137	INV-3395	Prune Oak Trees 10/20	$	2,640.00	
Gulf Power	021138	24000-03642 11/20	Summary Bill Master Account #24000-	$	248.38	
			03642 11/20		
Rizzetta & Company, Inc.	021135	INV0000054695	District Management Fees 12/20	$	948.09	
Rotolo Consultants, Inc.	021141	SM20078	Landscape Maintenance 05/20	$	4,302.93	
Simon Property Group, Inc.	021145	201132	Management Fee 10/20	$	2,160.14	
Simon Property Group, Inc.	021145	201133	Management Fee 11/20	$	2,160.14	
Simon Property Group, Inc.	021145	201134	Management Fee 12/20	$	2,160.14	
TEK Distributors, Inc.	021136	389818	Restroom Supplies 11/20	$	303.23	
TEK Distributors, Inc.	021142	390344	Restroom Supplies 12/20	$	700.40	
TEK Distributors, Inc.	021146	390362	Restroom Supplies 12/20	$	17.66	

Vendor Name	Check Number Invoice Number	Invoice Description	 Invoice Amount

Terry's Plumbing Service, LLC	021147	14860	Backflow Inspection Annual 12/20	$	225.00

The Lake Doctors, Inc.	021143	543469	Monthly Lake Maintenance 12/20	$	185.10

Report Total	$	22,379.37

Tab 6

MEMORANDUM

TO:	Pier Park Community Development District Board of Supervisors

FROM:	Joseph A. Brown

RE:	Updated Provisions of the District’s Rules of Procedure DATE:	February 1, 2021

Please find attached to this memorandum an updated version of the Pier Park Community Development District’s (the “District’s”) Rules of Procedure (the “Rules”). Several substantive revisions were made to maintain consistency between the Rules and the current Florida Statutes as well as to facilitate greater efficiency in the operation of the District. An explanation of each material change to the Rules is provided below. Minor formatting changes and edits are not discussed. Should you have any questions regarding the revisions to the Rules, please do not hesitate to contact me.

Costs Associated With Public Records Requests (Pages 8–9)

Language was added to Rule 1.2(4) to reflect statutory language regarding calculation of special charges for responding to certain public records requests, and to state that the District is under no duty to produce requested records if the requestor has not paid the required costs or has outstanding charges. The language will help minimize expenses incurred by the District in responding to public records requests.

Financial Disclosure Coordination (Page 9)

Rule 1.2(7) was added to maintain consistency with Florida Statutes. The rule designates  the Secretary as the District’s Financial Disclosure Coordinator (the “Coordinator”) (unless the District designates otherwise by resolution) and requires the Coordinator to create, maintain, and update certain records and provide them to the Florida Commission on Ethics by certain deadlines. Each Supervisor or other Reporting Individual must notify the Coordinator in writing if there are changes to his or her name, e-mail address, or physical address, and must notify the Commission on Ethics of changes to his or her e-mail address.

Agenda and Meeting Materials (Page 11)

Rule 1.3(3) was amended to reflect statutory requirements that the agenda and meeting materials available in an electronic format, excluding confidential and exempt information, shall be made available to the public at least seven days before a meeting, hearing, or workshop. The

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

amended rule also clarifies circumstances in which the agenda may be amended or additional materials added after initial posting. It additionally specifies which documents constitute “meeting materials.” Documents that do not meet the definition of “meeting materials” may still be provided to the Board, but will be considered supplementary materials and are not required to be made available to the public before the meeting. Supplementary materials may include, but are not necessarily limited to, the following: financial statements, informational reports, and copies of receipts and invoices.

Flexibility for Board Authorization (Page 13)

Language was added to Rule 1.3(11) to allow the Board to waive formal approval or disapproval procedures. This will allow the Board flexibility to use different procedures when necessary and will protect the validity of the Board’s actions where there is a technical irregularity but the Board has otherwise made its decision clear.

Security and Firesafety Board Discussions (Page 14)

Rule 1.3(14) was added to reflect the fact that portions of a meeting which would reveal a security or firesafety system plan or portion thereof made confidential and exempt by Florida law are exempt from Florida’s statutory public meeting requirements. Including this rule will clarify the procedures the Board should use to ensure that confidential and exempt information is not made public.

Internal Controls to Prevent Fraud, Waste and Abuse (Page 15)

Rule 1.4 was added to maintain consistency with statutes requiring special districts to establish and maintain internal controls to prevent fraud, waste, and abuse. Our office plans to work with the District Manager and auditor to develop the internal controls, which the Board will adopt in the same manner as it does policies.

Notice of Competitive Solicitation (Pages 27 and 36)

Rules 3.1(3) and 3.3(2)(c) have been amended to state that when a consultant has asked to  be provided with notice of the District’s competitive solicitations, the District Manager’s failure to provide them with a copy of the notice will not give them bid protest rights or otherwise disqualify the District’s otherwise valid procurement. This will reduce the District’s exposure to potential bid protests and decrease the likelihood of a procurement being considered invalid due to a technical irregularity.

Procedure Regarding Auditor Selection (Page 31)

Language has been added to the introductory paragraph to Rule 3.2 to clarify that the District need not use the procedures set out by the Rule for audits required under Chapter 190 of the Florida Statutes but which do not meet the thresholds of Chapter 218 of the Florida Statutes.

Additionally, the requirements for composition of the Auditor Selection Committee in Rule 3.2(2) have been amended to maintain consistency with Florida Statutes. Now, at least one individual on the Committee must be a member of the Board; the Chairperson of the Committee

must be a member of the Board; and an employee, chief executive officer, or chief financial officer of the District may not be a member of the Committee but may serve in an advisory capacity.

Contract Periods (Pages 34, 56, and 59)

Rules 3.2(8)(d), 3.8(5), and 3.9(4) have been amended to set the maximum contract period for auditing services, the maximum renewal period for contracts for the purchase of goods, supplies, materials, and the maximum renewal period for contracts for maintenance services at five (5) years. This will provide greater specificity to guide contract terms.

Suspension, Revocation, or Denial of Qualification (Pages 40–42)

Rule 3.4(3) has been added to specify the procedures to be used if the District wishes to suspend, revoke, or deny a pre-qualified vendor’s pre-qualified status. It specifies what constitutes good cause for such suspension, revocation, or denial; the effect of the suspension, revocation, or denial; hearing procedures the District must follow; and factors influencing the time period of the suspension, revocation, or denial.

Protest Bonds (Pages 61–62)

Rule 3.11(1)(c) has been amended to require that both the requirement for and the amount of the protest bond be disclosed in the competitive solicitation documents, and to allow the amount of the bond to be any amount within the limits imposed by Florida law.

Minor Changes

The following minor changes have also been made to the Rules:

Rule 1.1(1): This Rule has been amended to clarify requirements for Board members appointed or elected to elector seats. (Page 2).

Rule 1.1(2)(c) and (d): These Rules have been amended to include the words “at least” before the required amounts of the Secretary’s or Treasurer’s fidelity bonds or employee theft insurance policies to accommodate the possibility of greater amounts. (Page 4).

Rule 1.1(6): This Rule has been amended to include the Florida Constitution as a governing authority on voting conflicts of interest. This change reflects the recently passed Amendment 12 to the Florida Constitution. (Pages 5–6).

Rules 1.3(1)(e), (1)(d), (1)(f); and 3.2(9): These Rules were amended to allow inclusion of language substantially similar to that recited in the Rules. (Pages 10–11 and 34).

Rule 1.3(6): This Rule was amended to require the chair or vice chair to consult with the District Manager and District Counsel, if they are  available,  before  calling  an  emergency  meeting.  (Page 12).

Rule 2.0(12)(d): This Rule has been amended to allow 90 days instead of 60 days for the Board to announce a decision on a petition for variance or waiver of its Rules. (Page 21).

Rule 3.0(3)(b): The dollar thresholds in this Rule have been increased to $2,000,000 for a study activity when the fee for such Professional Services to the District does not exceed the increased amount of $200,000, to reflect the current statutory thresholds. (Page 22).

Rules 3.1(4)(b), 3.6(2)(c)(ii)6., and 3.8(2)(k): The word “responsive” has been added to allow the Board to proceed with evaluating and selecting a proposal from the submissions if it receives fewer than three responsive proposals. (Pages 28, 49 and 55).

Rule 3.2(3)(b): “Understanding of scope of work” has been removed from the list of required factors used to evaluate auditing proposals. The District may still include this as an evaluation criterion if it wishes, but it is not required to do so. (Page 32).

Rule 3.2(7)(b): Language has been added to specify that if the Board does not select the highest- ranked qualified auditing firm, it must document in its records its reason for not doing so. (Page 33).

Rules 3.5(2)(e) and 3.6(2)(c)(ii)3.: “Reemployment assistance” has been added to the non-exclusive list of subjects of federal labor or employment laws of which violation may render a contractor ineligible to submit a bid, response, or proposal for a District project. (Pages 44 and 48).

Rule 3.11(6): Language was added specifying that the District may reject all qualifications, proposals, replies, or responses and start the competitive solicitation process anew if all of the bids, proposals, replies, and responses are too high. (Page 63).

AMENDED AND RESTATED RULES OF PROCEDURE
PIER PARK COMMUNITY DEVELOPMENT DISTRICT

EFFECTIVE AS OF 	, 2021

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.	36
Rule 3.4	Pre-qualification	38
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

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

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

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

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

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

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

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

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

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

Unless otherwise provided for by an act of the Board, any one Board member may attend a mediation session on behalf of the Board. Any agreement resulting from such mediation session must be approved pursuant to subsection (1)(c) of this Rule.

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

The Chairperson must be a member of the Board. If the Chairperson resigns from that office or ceases to be a member of the Board, the Board shall select a Chairperson. The Chairperson serves at the pleasure of the Board. The Chairperson shall be authorized to execute resolutions and contracts on the District’s behalf. The Chairperson shall convene and conduct all meetings of the Board. In the event the Chairperson is unable

to attend a meeting, the Vice-Chairperson shall convene and conduct the meeting. The Chairperson or Vice-Chairperson may delegate the responsibility of conducting the meeting to the District’s manager (“District Manager”) or District Counsel, in whole or in part.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Agenda packages for prior 24 months and next meeting;

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

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

Adopted engineer’s reports;

Adopted assessment methodologies/reports;

Adopted disclosure of public financing;

Limited Offering Memorandum for each financing undertaken by the District;

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

District policies and rules;

Fiscal year end audits; and

Adopted budget for the current fiscal year.

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

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

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

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

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

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

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

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

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

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

Rule 1.3	Public Meetings, Hearings, and Workshops.

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

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

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

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

The following or substantially similar language: “Pursuant to provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this meeting/hearing/workshop is asked to advise the District Office at least forty-eight (48) hours before the meeting/hearing/workshop by contacting the District Manager at (850) 334-9055. If you are hearing or speech impaired, please contact the Florida Relay Service at 1 (800) 955-8770 or 1 (800) 955-8771, who can aid you in contacting the District Office.”

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Attorney-Client Sessions. An Attorney-Client Session is permitted when the District’s attorneys deem it necessary to meet in private with the Board to discuss pending litigation to which the District is a party before a court or administrative agency or as may be authorized by law. The District’s attorney must request such session at a public meeting. Prior to holding the Attorney-Client Session, the District must give reasonable public notice of the time and date of the session and the names of the persons anticipated to attend the session. The session must commence at an open meeting in which the Chairperson or Vice-Chairperson announces the commencement of the session, the estimated length of the session, and the names of the persons who will be attending the session. The discussion during the session is confined to settlement negotiations or strategy related to

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

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

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

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.

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

Notice of Rule Development.

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

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

Notice of Proceedings and Proposed Rules.

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall give notice of its intended action, setting forth a short, plain explanation of the purpose and effect of the proposed action, a reference to the specific rulemaking authority pursuant to which the rule is adopted, and a reference to the section or subsection of the Florida Statutes being implemented, interpreted, or made specific. The notice shall include a summary of the District’s statement of the estimated regulatory costs, if one has been prepared, based on the factors set forth in Section 120.541(2) of the Florida Statutes, and a statement that any person who wishes to provide the District with a lower cost regulatory alternative as provided by Section 120.541(1), must do so in writing within twenty- one (21) days after publication of the notice. The notice shall additionally include a statement that any affected person may request a public hearing

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

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

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

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

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

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

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

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

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

The published notice.

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

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

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

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

The texts of the proposed rule and the adopted rule;

All notices given for a proposed rule;

Any statement of estimated regulatory costs for the rule;

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

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

All notices and findings pertaining to an emergency rule.

Petitions to Challenge Existing Rules.

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

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

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

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

Hearings held under this section shall be de novo in nature. The petitioner has a burden of proving by a preponderance of the evidence that the existing rule is an invalid exercise of District authority as to the objections raised. The hearing officer may:

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

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

Enter orders; and

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

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

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

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

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

The rule from which a variance or waiver is requested;

The type of action requested;

The specific facts that would justify a waiver or variance for the petitioner; and
The reason why the variance or the waiver requested would serve the purposes of the underlying statute.

The District shall review the petition and may request only that information needed to clarify the petition or to answer new questions

raised by or directly related to the petition. If the petitioner asserts that any request for additional information is not authorized by law or by Rule of the District, the District shall proceed, at the petitioner’s written request, to process the petition.

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

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

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

Rule 3.0	Competitive Purchase.

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

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

Definitions.

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

“Continuing Contract” means a contract for Professional Services entered into in accordance with Section 287.055 of the Florida Statutes, between the District and a firm, whereby the firm provides Professional Services to the District for projects in which the costs do not exceed two million dollars ($2,000,000), for a study activity when the fee for such Professional Services to the District does not exceed two hundred thousand dollars ($200,000), or for work of a specified nature as outlined in the contract with the District, with no time limitation except that the contract must provide a termination clause (for example, a contract for general District engineering services). Firms providing Professional Services under Continuing Contracts shall not be required to bid against one another.

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

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

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

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

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

“Design Criteria Package” means concise, performance-oriented drawings or specifications for a public construction project. The purpose of the Design Criteria Package is to furnish sufficient information to permit Design-Build Firms to prepare a bid or a response to the District’s Request for Proposals, or to permit the District to enter into a negotiated Design- Build Contract. The Design Criteria Package must specify performance- based criteria for the public construction project, including the legal description of the site, survey information concerning the site, interior space requirements, material quality standards, schematic layouts and conceptual design criteria of the project, cost or budget estimates, design and construction schedules, site development requirements, provisions for utilities, stormwater retention and disposal, and parking requirements applicable to the project. Design Criteria Packages shall require firms to submit information regarding the qualifications, availability, and past work of the firms, including the partners and members thereof.

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

“Emergency Purchase” means a purchase necessitated by a sudden unexpected turn of events (for example, acts of God, riot, fires, floods, hurricanes, accidents, or any circumstances or cause beyond the control of the Board in the normal conduct of its business), where the Board finds

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Whether the entity/individual is a certified minority business enterprise.

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

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

Rule 3.1	Procedure Under the Consultants' Competitive Negotiations Act.

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

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

Hold all required applicable state professional licenses in good standing;

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

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

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

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

Public Announcement. Except in cases of valid public emergencies as certified  by the Board, the District shall announce each occasion when Professional Services are required for a Project or a Continuing Contract by publishing a notice providing a general description of the Project, or the nature of the Continuing Contract, and the method for interested consultants to apply for consideration.  The notice shall appear in at least one (1) newspaper of general circulation in the District and in such other places as the District deems appropriate. The notice must allow at least fourteen (14) days for submittal of qualifications from the date of publication. The District may maintain lists of consultants interested in receiving such notices. These consultants are encouraged to submit annually statements of qualifications and performance data. The District shall make reasonable efforts to provide copies of any notices to such consultants, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process. The Board has the

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

Competitive Selection.

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

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

Whether a consultant is a certified minority business enterprise;

Each consultant’s past performance;

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

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

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

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

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

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

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

Competitive Negotiation.

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

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

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

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

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

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

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

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

Rule 3.2	Procedure Regarding Auditor Selection.

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

Definitions.

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

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

Establishment of Auditor Selection Committee. Prior to a public announcement under section (4) of this Rule that Auditing Services are required, the Board shall establish an auditor selection committee (“Committee”), the primary purpose of which is to assist the Board in selecting an auditor to conduct the annual financial audit required by Section 218.39 of the Florida Statutes. The Committee shall include at least three individuals, at least one of which must also be a member of the Board. The establishment and selection of the Committee must be conducted at a publicly noticed and held meeting of the Board. The Chairperson of the Committee must be a member of the Board. An employee, a chief executive officer, or a chief financial officer of the District may not serve as a member of the Committee; provided however such individual may serve the Committee in an advisory capacity.

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

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

Hold all required applicable state professional licenses in good standing;

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

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

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

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

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

Ability of personnel;

Experience;

Ability to furnish the required services; and

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

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

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (3) of this Rule, the Committee shall publicly announce the opportunity to provide Auditing Services. Such public announcement shall include a brief description of the audit and how interested firms can apply for consideration and obtain the RFP. The notice shall appear in at least one (1) newspaper of general circulation in the District and the county in which the District is located. The public announcement shall allow for at least seven (7) days for the submission of proposals.

Request for Proposals. The Committee shall provide interested firms with a Request for Proposals (“RFP”). The RFP shall provide information on how proposals are to be evaluated and such other information the Committee

determines is necessary for the firm to prepare a proposal. The RFP shall state the time and place for submitting proposals.

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

Board Selection of Auditor.

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

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

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

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

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

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

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

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

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

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

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

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

Rule 3.3	Purchase of Insurance.

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

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

The Board shall cause to be prepared a Notice of Invitation to Bid.

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

The District may maintain a list of persons interested in receiving notices of Invitations to Bid. The District shall make reasonable efforts to provide copies of any notices to such persons, but the failure to do so shall not give such consultants any bid protest or other rights or otherwise disqualify any otherwise valid procurement process.

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

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

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

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

insurance shall be awarded to that company whose response to the Invitation to Bid best meets the overall needs of the District, its officers, employees, and/or dependents.

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

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

Rule 3.4	Pre-qualification

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

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

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

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

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

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

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

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

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

Hold all required applicable state professional licenses in good standing;

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

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

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

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

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

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

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

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

Suspension, Revocation, or Denial of Qualification

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Examples of factors affecting the seriousness of a deficiency are:

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

Unsafe conditions allowed to exist;

Complaints from the public;

Delay or interference with the bidding process;

The potential for repetition;

Integrity of the public contracting process;

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

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

Rule 3.5	Construction Contracts, Not Design-Build.

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

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

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

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

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

If the District has pre-qualified providers of construction services, then, at the option of the District, only those persons who have been pre-qualified will be eligible to submit bids, proposals, replies, or responses to Invitations to Bid, Requests for Proposals, Invitations to Negotiate, and Competitive Solicitations.

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

Hold all required applicable state professional licenses in good standing;

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

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

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

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

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

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

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

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

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

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

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

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase construction services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of construction services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the construction services without further competitive selection processes.

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

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

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

Exceptions. This Rule is inapplicable when:

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

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

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

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

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

Rule 3.6	Construction Contracts, Design-Build.

Scope. The District may utilize Design-Build Contracts for any public construction project for which the Board determines that use of such contract is in the best interest of the District. When letting a Design-Build Contract, the District shall use the following procedure:

Procedure.

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

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

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

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

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

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

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

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

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

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

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

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

Any contractor that has been found guilty by a court of any violation of federal labor or employment tax laws regarding subjects including but not limited to reemployment assistance, safety, tax withholding, worker’s compensation, unemployment tax, social security and Medicare tax, wage or hour, or prevailing rate laws within the past 5 years may

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

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

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

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

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

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all consultants by United States Mail, hand delivery, facsimile, or overnight delivery service. The notice shall include the following statement: "Failure to  file a protest within the time prescribed in Rule 3.11 of the

Rules of the District shall constitute a waiver of proceedings under those Rules," or wording to that effect. Protests of the District’s rankings under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

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

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

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

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

Emergency Purchase. The Board may, in case of public emergency, declare an emergency and immediately proceed with negotiations with the best qualified

Design-Build Firm available at the time. The fact that an Emergency Purchase  has occurred shall be noted in the minutes of the next Board meeting.

Exceptions. This Rule is inapplicable when:

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

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

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

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

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

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.

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

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

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

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

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

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

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

Hold all required applicable state professional licenses in good standing;

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

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

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

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

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

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

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

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

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

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

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

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

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase goods, supplies, or materials, or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of goods, supplies, and materials, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct

purchase of the goods, supplies, and materials without further competitive selection processes.

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

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

Renewal. Contracts for the purchase of goods, supplies, and/or materials subject to this Rule may be renewed for a maximum period of five (5) years.

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

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

Rule 3.9	Maintenance Services.

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

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

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

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

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

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

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

Hold all required applicable state professional licenses in good standing;

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

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

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

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

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

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

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

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

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

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

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may proceed with the procurement of maintenance services, in the manner the Board determines is in the best interests of the District, which may include but is not limited to a direct purchase of the maintenance services without further competitive selection processes.

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

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

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

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

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

Rule 3.10	Contractual Services.

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

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

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

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

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

Filing.

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

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

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

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

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

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

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

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

Administer oaths and affirmations;

Rule upon offers of proof and receive relevant evidence;

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

Enter orders; and

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

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

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

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

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

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

Rule 4.0	Effective Date.

These Rules shall be effective 	, 20 , 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.

Tab 7

RESOLUTION 2021-02

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE PIER PARK 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 RULES OF PROCEDURE; AND PROVIDING AN EFFECTIVE DATE

WHEREAS, the Pier Park 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 Bay County, Florida; and

WHEREAS, the Board of Supervisors of the District (the “Board”) is authorized by Chapter 190, Florida Statutes, to adopt rules and orders pursuant to Chapter 120, Florida Statutes.

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

SECTION 1. A Public Hearing will be held to adopt the District’s Rules of Procedure on May 10, 2021, at 10:00 a.m., CDT, at the City of Panama City Beach City Hall, 17007 Panama City Beach Parkway, Panama City Beach, FL 32413.

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 8th day of February, 2021.

ATTEST:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

Tab 8

LANDSCAPE & IRRIGATION MAINTENANCE SERVICES AGREEMENT BETWEEN PIER PARK COMMUNITY DEVELOPMENT DISTRICT
AND ROTOLO CONSULTANTS, INC

THIS AGREEMENT (“Agreement”) is made and entered into effective this 1st day  of February, 2021, by and between:

PIER PARK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special- purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Panama City Beach, Florida, and having offices at c/o 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, Florida 32314 (“District”); and

ROTOLO CONSULTANTS, INC. a foreign corporation, with an address at
104 Estes Place, Suite B, Panama City Beach, Florida, 32413 (“Contractor,” and collectively with the District, “Parties”).

RECITALS

WHEREAS, the District was established for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure, including landscaping and irrigation; and

WHEREAS, the District has a need to retain an independent contractor to provide, for certain lands within the District, certain landscape and irrigation maintenance services; and

WHEREAS, to solicit such services, the District has solicited proposals based on a “Project Manual,” and has determined to make an award of a contract for landscape and irrigation maintenance services to the Contractor, based on the proposal pricing provided by Contractor; and

WHEREAS, Contractor desires to provide such services, and represents that it is qualified to do so.

NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, it is agreed that the Contractor is hereby retained, authorized, and instructed by the District to perform in accordance with the following covenants and conditions, which both the District and the Contractor have agreed upon:

INCORPORATION OF RECITALS. The recitals stated above are true and correct and are incorporated by reference as a material part of this Agreement.
SCOPE OF SERVICES. The Contractor shall provide the services and materials described in the Scope of Services attached hereto as EXHIBIT A and for the areas identified in the Landscape Maintenance Areas Exhibit attached hereto as EXHIBIT C (together, “Work”). The Contractor agrees that the Landscape and Irrigation Maintenance Areas Exhibit attached hereto as EXHIBIT C is the District’s best estimate of the District’s landscape and irrigation needs, but that other areas may also include landscaping that requires maintenance. The Contractor

agrees that the District may, in its discretion, add up to 0.5 acre(s) of landscaping area to the Work, with no adjustment to price, and may add additional acreage of landscaping area to the Work beyond the 0.5 acre(s) using the unit pricing set forth in EXHIBIT B. The Contractor shall perform the Work consistent with the presently established, high-quality standards of the District, and shall assign such staff as may be required for coordinating, expediting, and controlling all aspects of the Work. Contractor shall solely be responsible for the means, manner and methods by which its duties, obligations and responsibilities are met to the satisfaction of the District. Notwithstanding any other provision of this Agreement, the District reserves the right in its discretion to remove from this Agreement any portion of the Work and to separately contract for such services. In the event that the District contracts with a third party to install certain landscaping or to otherwise perform services that might otherwise constitute a portion of the Work, Contractor agrees that it will be responsible for any such landscaping installed by the third party, and shall continue to perform all other services comprising the Work, including any future services that apply to the landscaping installed by the third party or to the areas where services were performed by the third party.
MANNER OF CONTRACTOR'S PERFORMANCE. The Contractor agrees, as an independent contractor, to undertake the Work as specified in this Agreement or any Work Authorization (see Section 7.c. herein) issued in connection with this Agreement. All Work shall be performed in a neat and professional manner reasonably acceptable to the District and shall be in accordance with industry standards, such as USF, IFAS, etc. The Contractor shall document all Work using the forms attached hereto as part of EXHIBIT D, or such other forms as may be approved by the District. The performance of all Work under this Agreement and related to this Agreement shall conform to any written instructions issued by the District.
In the event that time is lost due to heavy rains (“Rain Days”), the Contractor agrees to reschedule its employees and divide their time accordingly to complete all scheduled services during the same week as any Rain Days. The Contractor shall provide services on Saturdays if needed to make up Rain Days with prior notification to, and approval by, the District Representatives (defined below).

Contractor in conducting the Work shall use all due care to protect against any harm to persons or property. If the Contractor’s acts or omissions result in any damage to property within the District, including but not limited to damage to landscape lighting, irrigation system components, entry monuments, etc., the Contractor shall immediately notify the District and repair all damage – and/or replace damaged property – to the satisfaction of the District.

Contractor shall maintain at all times strict discipline among its employees and shall not employ for work on the project any person unfit or without sufficient skills to perform the job for which such person is employed. All laborers and foremen shall perform all Work on the premises in a uniform to be designed by the Contractor, and shall maintain themselves in a neat and professional manner. No smoking in or around the buildings will be permitted. No Contractor solicitation of any kind is permitted on property.

MONITORING OF SERVICES. The District shall designate in writing one or more persons to act as the District’s representatives with respect to the services to be performed under this Agreement (“District Representatives”). The District Representatives shall have

complete authority to transmit instructions, receive information, interpret and define the District’s policies and decisions with respect to materials, equipment, elements, and systems pertinent to the Contractor’s services. This authority shall include but not be limited to verification of correct timing of services to be performed, methods of pruning, pest control and disease control. The District hereby designates its Operations Manager, currently Robert Berlin, to act as the District Representatives. The Contractor shall not take direction from anyone other than the District Representatives (e.g., the Contractor shall not take direction from individual District Board Supervisors, any representatives of any local homeowner’s associations, any residents, etc.). The District shall have the right to change its designated representatives at any time by written notice to the Contractor.
The Contractor shall provide the district Representatives with written report of Work performed for each week, which shall include notification of any problem areas and a schedule for the upcoming month. Further, the Contractor agrees to meet the District Representatives no less than one (1) time per month to inspect the property to discuss conditions, schedules, and items of concern regarding this Agreement.

If the District Representatives identify any deficient areas, the District Representatives shall notify the Contractor whether through a written report or otherwise. The Contractor shall then within the time period specified by the District Representatives, or if no time is specified within forty-eight (48) hours, explain in writing what actions shall be taken to remedy the deficiencies. Upon approval by the District, the Contractor shall take such actions as are necessary to address the deficiencies within the time period specified by the District, or if no time is specified by the District, then prior to the date of the next inspection. If the Contractor does not respond or take action within the specified times, and in addition to any rights under Section 18 or otherwise herein, the District shall have the rights to withhold some or all of the Contractor’s payments under this Agreement and to contract with outside sources to perform necessary Work with all charges for such services to be deducted from the Contractor’s compensation. Any oversight by the District Representatives of Contractor’s Work is not intended to mean that the District shall underwrite, guarantee, or ensure that the Work is properly done by the Contractor, and it is the Contractor’s responsibility to perform the Work in accordance with this Agreement.

SUBCONTRACTORS. The Contractor shall not award any of the Work to a subcontractor without prior written approval of the District. The Contractor shall be as fully responsible to the District for the acts and omissions of its subcontractors, and of persons either directly or indirectly employed by them, as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained herein shall create contractual relations between any subcontractor and the District.
EFFECTIVE DATE. This Agreement shall be binding and effective as of the date that the Agreement is signed by the last of the Parties hereto, and shall remain in effect as set forth in Section 7, unless terminated in accordance with the provisions of this Agreement.
COMPENSATION; TERM.
Work under this Agreement shall begin February 1, 2021 and end January 31, 2020, 22 (“Initial Term”), unless terminated earlier pursuant to the terms of this Agreement. At the end of the Initial Term, this Agreement may be

renewed on the same terms up to four (4) times on an annual basis (for a total of five (5) terms), in the District’s sole discretion.
As compensation for the Work, the District agrees to pay Contractor one- hundred and eighty thousand, two-hundred and three dollars and seventy- one cents ($180,203.76) per year, in monthly amounts of fifteen-thousand and sixteen dollars and 98 cents ($15,016.98). Such compensation covers only the items specified in the Contractor’s pricing proposal (“Contract Amount”), attached hereto as EXHIBIT B. For additional work, subject to the provisions of Sections 7.c. and 7.d. below, the District agrees to pay Contractor pursuant to the unit pricing specified in EXHIBIT B.
Additional Work. Should the District desire that the Contractor provide additional work and/or services relating to the District’s landscaping and irrigation systems, such additional work and/or services shall be fully performed by the Contractor after prior approval of a required Work Authorization, in substantially the form attached at EXHIBIT D, or such other form as may be authorized by the District. The Contractor agrees that the District shall not be liable for the payment of any additional work and/or services unless the District first authorizes the Contractor to perform such additional work and/or services through an authorized and fully executed work authorization. The Contractor shall be compensated for such agreed additional work and/or services based upon a payment amount derived from the prices set forth in the Contractor’s proposal pricing (attached as part of EXHIBIT B). Nothing herein shall be construed to require the District to use the Contractor for any such additional work and/or services, and the District reserves the right to retain a different contractor to perform any additional work and/or services.
Payments by District. The Contractor shall maintain records conforming to usual accounting practices. Further, the Contractor agrees to render monthly invoices to the District, in writing, which shall be delivered or mailed to the District by the fifth (5th) day of the next succeeding month. Each monthly invoice shall contain, at a minimum, the District's name, the Contractor's name, the invoice date, an invoice number, an itemized listing of all costs billed on the invoice with a description of each sufficient for the District to approve each cost, the time frame within which the services were provided, and the address or bank information to which payment is to be remitted. Consistent with Florida’s Prompt Payment Act, Section 218.70 et seq., Florida Statutes, these monthly invoices are due and payable within forty-five (45) days of receipt by the District.
Payments by Contractor. Subject to the terms herein, Contractor will promptly pay in cash for all costs of labor, materials, services and equipment used in the performance of the Work, and upon the request of the District, Contractor will provide proof of such payment. Contractor agrees that it shall comply with Section 218.735(6), Florida Statutes, requiring payments to subcontractors and suppliers be made within ten (10)

days of receipt of payment from the District. Unless prohibited by law, District may at any time make payments due to Contractor directly or by joint check, to any person or entity for obligations incurred by Contractor in connection with the performance of Work, unless Contractor has first delivered written notice to District of a dispute with any such person or entity and has furnished security satisfactory to District insuring against claims therefrom. Any payment so made will be credited against sums due Contractor in the same manner as if such payment had been made directly to Contractor. The provisions of this Section are intended solely for the benefit of District and will not extend to the benefit of any third persons, or obligate District or its sureties in any way to any third party. Subject to the terms of this Section, Contractor will at all times keep the District’s property, and each part thereof, free from any attachment, lien, claim of lien, or other encumbrance arising out of the Work. The District may demand, from time to time in its sole discretion, that Contractor provide a detailed listing of any and all potential lien claimants (at all tiers) involved in the performance of the Work including, with respect to each such potential lien claimant, the name, scope of Work, sums paid to date, sums owed, and sums remaining to be paid. Contractor waives any right to file mechanic’s and construction liens.
INSURANCE.
At the Contractor’s sole expense, the Contractor shall maintain throughout the term of this Agreement, at a minimum, the following insurance:
WORKERS’ COMPENSATION/EMPLOYER’S LIABILITY: Contractor will provide Workers’ Compensation insurance on behalf of all employees who are to provide a service under this Contract, as required under applicable Florida Statutes AND Employer’s Liability with limits of not less than $100,000.00 per employee per accident, $500,000.00 disease aggregate, and
$100,000.00 per employee per disease.
COMMERCIAL GENERAL LIABILITY: Commercial General Liability including but not limited to bodily injury, property damage, contractual, products and completed operations, and personal injury with limits of not less than $2,000,000.00 per occurrence, and $2,000,000.00 aggregate covering all work performed under this Contract.
AUTOMOBILE LIABILITY: Including bodily injury and property damage, including all vehicles owned, leased, hired and non-owned vehicles with limits of not less than $2,000,000.00 combined single limit covering all work performed under this Contract.
UMBRELLA	LIABILITY:	With	limits	of	not	less	than
$2,000,000.00 per occurrence covering all work performed under this Contract.

Each insurance policy required by this Contract shall:
Apply separately to each insured against whom claim is made and suit is brought, except with respect to limits of the insurer’s liability.
Be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) calendar days’ prior written notice has been given to the District.
Be written to reflect that the aggregate limit will apply on a “per claim” basis.
The District shall retain the right to review, at any time, coverage, form, and amount of insurance. All insurance certificates, and endorsements, shall be received by the District before the Contractor shall commence or continue work.
The procuring of required policies of insurance shall not be construed to limit Contractor’s liability or to fulfill the indemnification provisions and requirements of this Agreement.
The Contractor shall be solely responsible for payment of all premiums for insurance contributing to the satisfaction of this Agreement and shall be solely responsible for the payment of all deductibles and retentions to which such policies are subject, whether or not the District is an insured under the policy.
Notices of accidents (occurrences) and notices of claims associated with work being performed under this Contract shall be provided to the Contractor’s insurance company and to the District as soon as practicable after notice to the insured.
Insurance requirements itemized in this Contract and required of the Contractor shall be provided on behalf of all subcontractors to cover their operations performed under this Contract. The Contractor shall be held responsible for any modifications, deviations, or omissions in these insurance requirements as they apply to sub-contractors.
All policies required by this Agreement, with the exception of Workers’ Compensation, or any other policy for which specific approval is given by the District, are to be written on an “occurrence” basis, and shall name the District and its Supervisors, officers, agents, employees, and representatives as additional insured as their interest may appear under this Agreement. Insurer(s), with the exception of Workers’ Compensation on non-leased employees, shall agree to waive all rights of subrogation against the District and its Supervisors, O\officers, agents, employees or representatives.
If the Contractor fails to have secured and maintained the required insurance, the District has the right (without any obligation to do so, however), to secure such required insurance in which event, the Contractor shall pay the cost for that required insurance and shall furnish, upon demand, all information that may be required in connection with the District’s obtaining the required insurance.

INDEMNIFICATION. To the fullest extent permitted by law, and in addition to any other obligations of Contractor under the Agreement or otherwise, Contractor agrees to defend,

indemnify, and hold harmless the District and its officers, agents, staff, employees, successors,
assigns,  members,  affiliates,  or  representatives  (together,  “Indemnitees”)  from  any  and  all
liability, claims, actions, suits, liens, demands, costs, interest, expenses, damages, penalties, fines, judgments against the District, or loss or damage, whether monetary or otherwise, arising out of, wholly or in part by, or in connection with the Work to be performed by Contractor, its subcontractors, its employees and agents in connection with this Agreement, including litigation, mediation, arbitration, appellate, or settlement proceedings with respect thereto. Additionally, nothing in this Agreement requires Contractor to indemnify the District for the District’s percentage of fault if the District is adjudged to be more than 50% at fault for any claims against the District and Contractor as jointly liable parties; however, Contractor shall indemnify the District for any and all percentage of fault attributable to Contractor for claims against the District, regardless whether the District is adjudged to be more or less than 50% at fault. Obligations under this section shall include the payment of all settlements, judgments, damages, liquidated damages, penalties, forfeitures, back pay awards, court costs, arbitration and/or mediation costs, litigation expenses, attorneys’ fees, paralegal fees (incurred in court, out of court, on appeal, or in bankruptcy proceedings), any interest, expenses, damages, penalties, fines, or judgments against the District. In the event that any indemnification, defense or hold harmless provision of this Contract is determined to be unenforceable, the provision shall be reformed to give the provision the maximum effect allowed by Florida law and for the benefit of the Indemnitees. The Contractor shall ensure that any and all subcontractors, and suppliers, include this express paragraph for the benefit of the Indemnitees. This section shall survive any termination of this Agreement.
LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of immunity or limits of liability of the District beyond any statutory limited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Statutes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under the Doctrine of Sovereign Immunity or by operation of law.
WARRANTY AND COVENANT. The Contractor warrants to the District that all materials furnished under this Agreement shall be new, and that all services and materials shall be of good quality, free from faults and defects. The Contractor hereby warrants any materials and services for a period of one (1) year after acceptance by the District or longer as required under Florida law. With respect to any and all plant material provided pursuant to this Agreement or any separate work authorization issued hereunder, all plant material shall be guaranteed to be in a satisfactory growing condition and to live for a period of one (1) year from planting except for annuals, which will be replaced seasonally if the District so directs. All plants that fail to survive under the guarantee shall be replaced as they fail with the same type and size as originally specified.
Contractor further warrants to the District those warranties which Contractor otherwise warrants to others and the duration of such warranties is as provided by Florida law unless longer guarantees or warranties are provided for elsewhere in the Agreement (in which case the longer periods of time shall prevail). Contractor shall replace or repair warranted items to the District’s satisfaction and in the District’s discretion. Neither final acceptance of the services, nor monthly or final payment therefore, nor any provision of the Agreement shall relieve Contractor of responsibility for defective or deficient materials or services. If any of the services or materials are found to be defective, deficient or not in accordance with the Agreement, Contractor shall

correct remove and replace it promptly after receipt of a written notice from the District and correct and pay for any other damage resulting therefrom to District property or the property of landowners within the District. Contractor hereby certifies that it has thoroughly inspected the property and will address any present deficiencies with the District at the conclusion of the Initial Audit, as specified in the Scope of Services attached hereto as EXHIBIT A. Contractor shall be responsible for maintaining and warranting all plant material replaced following completion of the Initial Audit.

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

ENVIRONMENTAL ACTIVITIES. The Contractor agrees to use best management practices, consistent with industry standards, with respect to the storage, handling and use of chemicals (e.g., fertilizers, pesticides, etc.) and fuels. The Contractor shall keep all equipment clean (e.g., chemical sprayers) and properly dispose of waste. Further, the Contractor shall immediately notify the District of any chemical or fuel spills. The Contractor shall be responsible for any environmental cleanup, replacement of any turf or plants harmed from chemical burns, and correcting any other harm resulting from the Work to be performed by Contractor.
ACCEPTANCE OF THE SITE; INITIAL AUDIT. By executing this Agreement, the Contractor agrees that the Contractor was able to inspect the site prior to the time of submission of the proposal. Contractor shall have twenty (20) calendar days from the date of commencement as identified in a Notice to Proceed to complete an audit and submit proposals for any additional work necessary to bring the condition of the landscaping or the irrigation system into compliance with presently acceptable standards, as more specifically described in Section
2.14 of the Scope of Services attached hereto as EXHIBIT A (“Initial Audit”). Following the Initial Audit, for (a) any aspect of the landscaping or irrigation system for which the District approved and the contractor completed remedial action, or (b) any aspect of the landscaping or irrigation system not included in the proposals resulting from the Initial Audit, no changes to the compensation set forth in this Agreement shall be made based on any claim that the existing landscaping or irrigation system was not in good condition or otherwise differs materially from conditions ordinarily encountered; and Contractor agrees to be responsible for the care, health, maintenance, and replacement, if necessary, of the landscaping, and, aside from repairs necessary due to ordinary wear and tear, for the condition of the irrigation system.
TAX-EXEMPT DIRECT PURCHASES. The parties agree that the District, in its discretion, may elect to undertake a direct purchase of any or all materials used for the landscaping services, including but not limited to the direct purchase of fertilizer. In such event, the following conditions shall apply:

The District may elect to purchase any or all materials directly from a supplier identified by Contractor.

Contractor shall furnish detailed Purchase Order Requisition Forms (“Requisition(s)”) for all materials to be directly purchased by the District.

Upon receipt of a Requisition, the District shall review the Requisition and, if approved, issue its own purchase order directly to the supplier, with delivery to be made to the District on an F.O.B. job site basis.

The purchase order issued by the District shall include the District’s consumer certificate of exemption number issued for Florida sales and use tax purposes.

Contractor will have contractual obligations to inspect, accept delivery of, and store the materials pending use of the materials as part of the landscaping services. The contractor’s possession of the materials will constitute a bailment. The contractor, as bailee, will have the duty to safeguard, store and protect the materials while in its possession until returned to the District through use of the materials.

After verifying that delivery is in accordance with the purchase order, Contractor will submit a list indicating acceptance of goods from suppliers and concurrence with the District’s issuance of payment to the supplier. District will process the invoices and issue payment directly to the supplier.

The District may purchase and maintain insurance sufficient to cover materials purchased directly by the District.

All payments for direct purchase materials made by the District, together with any state or local tax savings, shall be deducted from the compensation provided for in this Agreement.

COMPLIANCE WITH GOVERNMENTAL REGULATION. The Contractor shall keep, observe, and perform all requirements of applicable local, State and Federal laws, rules, regulations, ordinances, permits (including but not limited to water use permits  or regulations), licenses, or other requirements or approvals. Further, the Contractor shall notify the District in writing within five (5) days of the receipt of any notice, order, required to comply notice, or a report of a violation or an alleged violation, made by any local, State, or Federal governmental body or agency or subdivision thereof with respect to the services being rendered under this Agreement or any act or omission of the Contractor or any of its agents, servants, employees, or material men, or appliances, or any other requirements applicable to provision of services. Additionally, the Contractor shall promptly comply with any requirement of such governmental entity after receipt of any such notice, order, request to comply notice, or report of a violation or an alleged violation.

DEFAULT AND PROTECTION AGAINST THIRD-PARTY INTERFERENCE. A default by either party under this Agreement shall entitle the other to all remedies available at law or in equity for breach of this Agreement, which may include, but not be limited to, the right of damages, injunctive relief, and/or specific performance. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party to this Agreement.
CUSTOM AND USAGE. It is hereby agreed, any law, custom, or usage to the contrary notwithstanding, that the District shall have the right at all times to enforce the conditions and agreements contained in this Agreement in strict accordance with the terms of this Agreement, notwithstanding any conduct or custom on the part of the District in refraining from so doing; and further, that the failure of the District at any time or times to strictly enforce its rights under this Agreement shall not be construed as having created a custom in any way or manner contrary to the specific conditions and agreements of this Agreement, or as having in any way modified or waived the same.
SUCCESSORS. This Agreement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors, and assigns of the Parties to this Agreement, except as expressly limited in this Agreement.
TERMINATION. The District agrees that the Contractor may terminate this Agreement with cause by providing ninety (90) days written notice of termination to the District; provided, however, that the District shall be provided a reasonable opportunity to cure any failure under this Agreement. The Contractor agrees that, notwithstanding any other provision of this Agreement, and regardless of whether any of the procedural steps set forth in Section 4 of this Agreement are taken, the District may terminate this Agreement immediately with cause by providing written notice of termination to the Contractor. The District shall provide thirty (30) days’ written notice of termination without cause. Any termination by the District shall not result in liability to the District for consequential damages, lost profits, or any other damages or liability. However, upon any termination of this Agreement by the District, and as Contractor’s sole remedy, the Contractor shall be entitled to payment for all Work and/or services rendered up until the effective termination of this Agreement, subject to whatever claims or offsets the District may have against the Contractor.
PERMITS AND LICENSES. All permits or licenses necessary for the Contractor to perform under this Agreement shall be obtained and paid for by the Contractor.
ASSIGNMENT. Neither the District nor the Contractor may assign this Agreement without the prior written approval of the other, which approval shall not be unreasonably withheld. Any purported assignment of this Agreement without such prior written approval shall be void.
INDEPENDENT CONTRACTOR STATUS. In all matters relating to this Agreement, the Contractor shall be acting as an independent Contractor. Neither the Contractor nor employees of the Contractor, if there are any, are employees of the District under the meaning or application of any Federal or State Unemployment or Insurance Laws or Old Age Laws or otherwise. The Contractor agrees to assume all liabilities or obligations imposed by any one or more of such laws with respect to employees of the Contractor, if there are any, in the performance

of this Agreement. The Contractor shall not have any authority to assume or create any obligation, express or implied, on behalf of the District and the Contractor shall have no authority to represent the District as an agent, employee, or in any other capacity, unless otherwise set forth in this Agreement.
HEADINGS FOR CONVENIENCE ONLY. The descriptive headings in this Agreement are for convenience only and shall neither control nor affect the meaning or construction of any of the provisions of this Agreement.
AGREEMENT. This instrument, together with its attachments which are hereby incorporated herein, shall constitute the final and complete expression of this Agreement between the District and Contractor relating to the subject matter of this Agreement.
ENFORCEMENT OF AGREEMENT. In the event that either the District or the Contractor is required to enforce this Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover all fees and costs incurred, including reasonable attorneys’ fees, paralegal fees and costs for trial, mediation, or appellate proceedings.
AMENDMENTS. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and the Contractor.
AUTHORIZATION. The execution of this Agreement has been duly authorized by the appropriate body or official of the District and the Contractor, both the District and the Contractor have complied with all the requirements of law, and both the District and the Contractor have full power and authority to comply with the terms and provisions of this instrument.
NOTICES. Any notice, demand, request or communication required or permitted hereunder (“Notice”) shall be in writing and sent by hand delivery, United States certified mail, or by recognized overnight delivery service, addressed as follows:

If to the District:	Pier Park Community Development District
c/o Rizzetta & Company, Inc.
120 Richard Jackson Blvd., Suite 220 Panama City Beach, Florida 32314 Attn: District Manager

With a copy to:	Hopping Green & Sams, PA
119 South Monroe Street, Suite 300
Tallahassee, Florida 32301 Attn: Joseph A. Brown

If to Contractor:	Rotolo Consultants, Inc.
104 Estes Place, Suite B
Panama City Beach, Florida 32413 Attn: Keith Rotolo

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

THIRD-PARTY BENEFICIARIES. This Agreement is solely for the benefit of the District and the Contractor and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the District and the Contractor any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement; and all of the provisions, representations, covenants, and conditions contained in this Agreement shall inure to the sole benefit of and shall be binding upon the District and the Contractor and their respective representatives, successors, and assigns.
CONTROLLING LAW AND VENUE. This Agreement and the provisions contained in this Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. Venue for any legal actions regarding this Agreement shall be Bay County, Florida.
PUBLIC RECORDS. The Contractor understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Contractor agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Contractor acknowledges that the designated public records custodian for the District is Anthony Jeancola (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Contractor shall 1) keep and maintain public records required by the District to perform the service;
2) upon request by the Public Records Custodian, provide the District with the requested public records or allow the records to be inspected or copied within a reasonable time period at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes; 3) ensure that public records which are exempt or confidential, and exempt from public records disclosure requirements, are not disclosed except as authorized by law for the duration of the contract term and following the contract term if the Contractor does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the contract, transfer to the District, at no cost, all public records in Contractor’s possession or, alternatively, keep, maintain and meet all applicable requirements for retaining public records pursuant to Florida laws. When such public records are transferred by the Contractor, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the District in a format that is compatible with Microsoft Word or Adobe PDF formats.

IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 334-9055, OR BY EMAIL AT KO'MERA@RIZZETTA.COM, OR BY REGULAR MAIL AT RIZZETTA & COMPANY, INC., 120 RICHARD JACKSON BLVD., SUITE 220, PANAMA CITY BEACH, FLORIDA 32314.

SEVERABILITY. The invalidity or unenforceability of any one or more provisions of this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement, or any part of this Agreement not held to be invalid or unenforceable.
ARM’S LENGTH TRANSACTION. This Agreement has been negotiated fully between the District and the Contractor as an arm’s length transaction. The District and the Contractor participated fully in the preparation of this Agreement with the assistance of their respective counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, the parties are each deemed to have drafted, chosen, and selected the language, and any doubtful language will not be interpreted or construed against any party.
COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when executed and delivered shall be an original; however, all such counterparts together shall constitute, but one and the same instrument.

[THIS SPACE INTENTIONALLY LEFT BLANK]

IN WITNESS WHEREOF, the Parties execute this Agreement as set forth below.

ATTEST:

PIER PARK COMMUNITY DEVELOPMENT DISTRICT

___________________________ By: ________________________
Secretary
Assistant Secretary

ATTEST:

______________________________ By:________C_h_r_i_s_T_i_l_l_e_y_________
Chairperson
Vice Chairperson
01/25/2021 | 17:37 EST
Date: _________________________

ROTOLO CONSULTANTS, INC.

______________________________	______________________________

By:

__________________________

By: _________M_i_c_h_a_el__R_o_t_o_l_o______

Its: ___________________________

Its: ___________C_O_O______________

Date: _______0_1_/_25_/_2_0_2_1__|_1_6_:_3_2__C_ST

Exhibit A:	Scope of Services	
Exhibit B:	Proposal Pricing	
Exhibit C:	Maintenance Map	
Exhibit D:	Other Forms	

EXHIBIT A SCOPE OF SERVICES

Pier Park Community Development District Landscape/Irrigation/Infrastructure Maintenance – Exhibit A

Scope of Services
2020

Scope of Services

Project Scope
General Overview
CDD Development
Pier Park, LLC, & The St. Joe Company
Property Manager – Simon Management Associates, LLC

General Contractor Requirements and Procedures
Operation Procedures
Key Personnel
Personnel Dress Code
Personnel Conduct
Safety Program
Use of Facilities by Contractor
Subcontractors
Consultants
Document Control and Data Maintenance
Verification of Data
Ownership of Data
Ownership of Materials/Equipment
Quality Control

Coordination
General Coordination
Contractor's Project Manager

Scheduled Operations and Maintenance
Turf Care
Shrubs/Ground Cover Care
Tree Care
Irrigation System
Litter Removal
Stormwater System Maintenance

Unscheduled Maintenance and Repairs
General
Damaged Facilities
Emergency Repairs
Unscheduled Maintenance

Administration/Maintenance/Operations Program
General
Administration
Operations
Maintenance

Response Time
General
Emergency Response Program

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

PROJECT SCOPE

The Contractor shall provide landscape, irrigation, general grounds and infrastructure maintenance for Pier Park CDD. A single Contractor may not be qualified to provide all services detailed under this Scope of Services, however, preference will be given to bidders who are qualified to perform all services. This should not discourage vendors from submitting bids for part of the outlined work, or from partnering with other vendors to provide a full scope of service.

The following is a project overview describing the community development district within Pier Park and the limits of work.

General Overview

Pier Park, located south of U.S. 98 (Back Beach Road) in Bay County, Florida, is a planned multi-use development comprised of retail & service, attractions, and public uses. Pier Park also includes Aaron Bessant Park, a city park, the Russell Fields Pier and its accompanying concession area.

Community Development District (CDD) Development

There is one community development district (CDD) that was created for the purpose of providing public infrastructure, facilities and services to Pier Park. The Pier Park Community Development District (PPCDD) generally includes the majority of the 270 acres within the Pier Park development, which extends north to U.S. 98 (Panama City Parkway), south to the Gulf of Mexico, and west to Powell Adams Road.

The CDD areas to be included in this maintenance Scope of Services are generally defined as all the public lands within Pier Park. These areas and elements include roadway shoulder areas (landscape, irrigation, and sidewalks), stormwater management ponds, culverts and headwalls, roadways, city parks with trails, and other miscellaneous and related facilities, systems or elements.

Community Development Districts are considered public entities and are subject to similar constraints and requirements as other governmental entities.

Pier Park, LLC, & The St. Joe Company

There are several areas within Pier Park that are private property owned by Pier Park, LLC, and The St. Joe Company.

Property Manager – Simon Management Associates, LLC

Simon Management Associates, LLC (SMA) has been retained by the PPCDD to serve as sole and exclusive manager for the common area maintenance management of the Property.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

GENERAL CONTRACTOR REQUIREMENTS AND PROCEDURES

The Contractor shall meet the requirements and follow the procedures associated with all items in this Agreement. These general requirements and procedures are as follows:

Operation Procedures

The Contractor shall perform the basic services outlined within the Scope of Services between the hours of 7:00 a.m. and 7:00 p.m., Monday through Friday unless specified otherwise or directed by the Property Manager. The Contractor may submit a request for additional operation time, in response to poor weather conditions, to be reviewed for approval by the Property Manager.

Key Personnel

All Work shall be managed and/or directed by key personnel identified by the proposal. Any changes in the assigned key personnel shall be subject to approval by the Property Manager. Where applicable, the Contractor shall require certifications, training, etc. be secured and updated for all employees for the maintenance and technical services performed under this contract.

Contractor shall provide one (1) Project Manager who is knowledgeable of the Contractor’s daily activities when performed at the site (refer to Section 3.2 for more specific requirements). This Project Manager shall serve as the point of contact between the Property Manager and Contractor. The Project Manager shall be responsible for coordinating all scheduled services with the Property Manager and for the timely scheduling of unscheduled maintenance services.

Personnel Dress Code

The Contractor shall ensure that employees working on the Project shall wear uniforms or professional attire at all times. Because Pier Park is a family oriented community, clothing that expresses or implies obscene language or graphics, degrading or demeaning connotations, or in the opinion of the Property Manager is unsightly for any reason, shall be strictly prohibited. For safety reasons, contractor personnel shall wear shirts at all times and shall wear eyewear and footwear that conforms to safe work practices.

Personnel Conduct

The Contractor shall enforce strict discipline and good order among its employees on the Project site. The Contractor shall ensure that its employees that communicate and interact with the Pier Park community and any other customer/party associated with the Pier Park Project are knowledgeable of the Project and the Services the Contractor is performing.

Safety Program

The Contractor shall develop, implement, and maintain a safety program for its operations on the Project. That safety program shall include, at a minimum, a safety policy, safety rules and procedures, safety training, procedures for reinforcing and monitoring safety programs, procedures for accident investigations, providing and maintaining equipment safety features, and safety record keeping.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

The Contractor shall comply with all State of Florida and federal and local regulations, rules and orders, as they pertain to occupational safety and health, the safe operation and security of the facilities.

The Contractor shall provide, at the Contractor's expense, all safety equipment and materials necessary for and related to the work performed by its employees. Such equipment will include, but is not limited to items necessary to protect its employees and the general public, if applicable.

Use of Facilities by Contractor

The District Property Manager shall not provide a facility on the Project Site for the Contractor as part of this Scope of Services. The Contractor shall furnish all labor, transportation, supervision, equipment, and supplies necessary to perform all services, unless otherwise agreed in writing. The Contractor shall, upon receipt of written approval from the District Property Manager, be allowed to temporarily store, if necessary, its materials and equipment on site at a District Property Manager selected location. The Contractors shall be responsible for security of its stored materials and equipment, as well as any connections for utilities to the storage site. The Property Manager will designate where Contractor’s crew will take breaks, lunches, and use restroom facilities. Employee personnel vehicles will be parked only in areas designated by the Property Manager.

Subcontractors

If the Contractor, as a part of the performance of its Services, elects to employ Subcontractors, the following shall apply:

The Contractor shall be responsible for, and coordinate with, the services of any of its Subcontractors.

The Contractor shall require all of its Subcontractors, as a condition of employment, to agree to the applicable terms and conditions identified in the Contract Documents, including this Scope of Services.

Consultants

If the Contractor, as a part of the performance of its Services, elects to employ consultants, the following shall apply:

The Contractor shall be responsible for, and coordinate with, the services of any of its consultants.

The Contractor shall require all consultants, as a condition of employment, to agree to the applicable terms and conditions identified in the Contract Documents, including this Scope of Services.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

Document Control and Data Maintenance

Document Control

The Contractor shall keep accurate records of documents received and, if applicable, issued by this Contractor. A ‘document log’ shall be maintained during the work of this Contractor to provide records on the information available to or from this Contractor. An invoice with detailed field reports will suffice as the document log. The ‘log’ shall outline document titles and dates, the originator, received dates, and to/from information. This ‘log’ shall be updated monthly and submitted to the Property Manager within 5 business days of the end of the month.

Data Maintenance

The Contractor shall, after review with the Property Manager, establish a systematic process for the insertion of revised sets and the integration of that data into the overall Project plan after verification for compatibility and consistency of the information received with existing information.

Data Dispersal

Should the Contractor distribute data to others, the Contractor shall document the distribution of data by completing a letter of transmittal. A letter of transmittal shall accompany all distribution of data with a copy provided to the Property Manager identifying:

Party to whom the data is being transferred
Origination of the request for transfer
Name of data being transferred
Type(s) of data being transferred
Date of transfer
Purpose of transfer, or use of information
Further action necessary

The Contractor shall propose a format for, and keep a log of, all data transfers for updates to the Property Manager.

Verification of Data

All data provided to the Contractor shall be examined for consistency with its records and work efforts. Any obvious inconsistency shall be reported to the Property Manager verbally and in writing upon discovery.

Ownership of Data

It is to be understood that all data transmitted under this contract by the Contractor or provided to the Contractor, either by the Property Manager or third parties, is the sole property of the Community Development District. The Contractor shall have temporary charge of the data while performing contracted services for the Project. All data shall be returned to the Property Manager at the conclusion of the Project, after which no copies of

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
the data may be kept by the Contractor without the express written permission of the Property Manager.

The Property Manager shall retain the right to require that the Contractor transfer all Project data, to the Property Manager immediately upon fourteen days written notice, for any reason. The same procedures shall apply should it become necessary for the Contractor to voluntarily return all Project data to the Property Manager.

Ownership of Material/Equipment

It is to be understood that all material purchased under this contract by the Contractor or provided to the Contractor, either by the Property Manager or third parties, remains the sole property of the Community Development District. Likewise, it is to be understood that all equipment provided to the Contractor, either by the Property Manager or third parties, remains the sole property of the Community Development District. The Contractor shall have temporary charge of the equipment while performing contracted services for the Project.
The Property Manager shall retain the right to require that the Contractor transfer all Project material, or equipment to the Property Manager immediately upon fourteen days written notice, for any reason. The same procedures shall apply should it become necessary for the Contractor to voluntarily return all Project materials and equipment to the Property Manager.

Quality Control

The Property Manager will have the right, at any stage of the operation, to reject any or all of the Contractor's Services and materials, which in the Property Manager’s opinion does not meet the requirements of these specifications. Throughout the entire project, the Contractor shall maintain the installed number of shrubs, ground cover, and trees in addition to the installed amount of turf grasses. The Contractor shall replace or reimburse the Property Manager for the cost of replacement or repairs, at the Contractor’s own expense, those turf areas, shrubs, ground cover, and trees that are damaged or lost due to insects, disease, fungus, and/or over watering or insufficient watering from the irrigation system as directed by the Property Manager. All replacements shall meet the current size, specification, and quality of surrounding related material. Any other CDD items damaged due to Contractor’s negligence shall be repaired or replaced as directed by the Property Manag er at the Contractor’s own expense. All repairs and replacements shall also occur within two (2) weeks of notice from the Property Manager.

If requested by the Property Manager, the Contractor will make weekly walk-through reviews of the entire site related to visual observations and the Contractor's performance. The Contractor will make repairs and adjustments, as directed by the Property Manager, during these site visits.

COORDINATION

The Contractor shall provide coordination with the Property Manager for all items associated with the requirements of this Agreement.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
General Coordination

If requested by the Property Manager, the Contractor shall meet with the Property Manager and its separate consultants as appropriate, on a monthly basis. Those meetings shall serve as a forum for the exchange of information, identification of pertinent and critical issues, determination of an action plan and schedule for resolving those issues, review of schedule and budget status, and discussion of other landscape, irrigation and maintenance related issues deemed appropriate by the Property Manager or the Contractor.

In addition, Contractor shall provide a representative to attend the monthly meeting of the PPCDD Board of Supervisors if requested to do so by the Property Manager. This representative shall be knowledgeable of this Project Scope and Scope of Services and shall be able to respond to any questions the Board may have as to the day-to-day activities at the Project site pursuant to this Agreement.

Coordination of the general maintenance at Pier Park is considered one of the many critical activities of the Contractor. Further, coordination of those efforts with all parties involved, or those with a 'need-to-know' is crucial to the success of the Project. While all parties involved with the Pier Park Project cannot be identified at this time, a partial list is provided as follows:

CDD Manager
CDD Property Manager
CDD District Representative
City of Panama City Beach Representative
Community Redevelopment Agency Representative
Adjacent property Owners, as directed by the Property Manager

 Contractor’s Project Manager

Contractor shall designate an on-site representative who will be responsible for overall supervision of the Contractor’s work force on the Project and shall act as the single point of contact, on a daily basis, between the Property Manager and the Contractor. This individual shall maintain at all times a means of being contacted by the Property Manager (beeper or cellular phone) and shall respond to such calls within twenty minutes of contact. This individual shall be responsible for maintaining the Contractor’s schedule of activities and notifying the Property Manager of this daily schedule, for quality control of the Contractor’s services, and for arranging and supervising unscheduled service requests by Property Manager.

SCHEDULED OPERATIONS AND MAINTENANCE

At a minimum, the Contractor shall meet all requirements associated with turf care, shrubs/ground cover care, tree care, irrigation system repair/maintenance, and litter removal, as required in this Agreement. The preferred Contractor will also meet requirements for stormwater system landscape maintenance. Attachment A includes plans identifying the general limits of CDD maintenance by area ("Unit"). All within the CDD areas shall be maintained by this contractor in accordance with the following requirements:

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
Turf Care
Mowing

a.

b.

c.

d.

e.

f.

g.

Edging a.

b.

c.

d.

All lawns located in developed areas, including St. Augustine, Bermuda, Seashore Paspalum (reference University of Florida CIR1244), and Bahia, shall be mowed once per week from June through August, three (3) times per month in April, May and September and twice per month from October through March. Mowing shall be performed at a minimum frequency of 33 times a year. The schedule may be adjusted contingent on weather conditions if Contractor and Property Manager mutually agree. Bermuda and Seashore Paspalum will be mowed with a reel mower.

Turf areas shall be cut to a height of no more than three (3) inches nor less than two and one-half (2 ½) inches, to foster photosynthesis and healthy root development.

Mower blades shall be kept sharp at all times to prevent tearing of grass blades.

Mulching type-mowing equipment is preferred and no side discharges are permitted on mowers.

Visible clippings after mowing shall be removed to prevent thatch build up.

Various mowing patterns shall be employed to prevent ruts in the turf caused by mowers.

All clippings shall be kept out of ornamental beds, off all sidewalks, roadways, and waterways.

Hard surface edging is to be defined as outlining and/or removing turf from along all sidewalks and curbs, and soft surface edging is to be defined as outlining and/or removing turf from all trees rings and planting beds, etc. by the use of a mechanical edger.

All hard surface edging shall be performed to maintain straight and sharp edges between curbs/sidewalks and turf areas. Edging shall be completed the same day and at the same frequency that an area is mowed.

All soft surface edging shall be performed neatly to maintain the shape and configuration of all planting areas in a clean manner, free of imperfections, at the same frequency as detailing of plant beds (once every three weeks). All plant bed edges shall be maintained to the curves, as originally designed.

The edging equipment shall be equipped with manufacturer’s guard to deflect hazardous debris. String or lined trimmers shall not be used.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
All sidewalks, streets, and roadways shall be immediately swept, blown, or vacuumed to maintain a clean, well-groomed appearance.

The proper safety precautions shall be taken when edging (i.e., safety vest, signage, warning light, etc.), along roadways as required by federal, state or local law, as deemed necessary by the Contractor and/or as directed by the Property Manager.

Trimming

All areas inaccessible to mowers, and/or otherwise unmowable due to trees, light poles, chain-link fences, signs, rocks, culverts, miscellaneous hardscape items etc., shall be trimmed at the same height, same day, in the same frequency as mowing. This includes grass runners around all ponds. Trimming shall be performed with the use of a string trimmer or other mechanical means. Chemical use shall be encouraged when working within 6" of any fence posts. All other chemical use will not be permitted unless approved by Property Manager.

Weed Control

Two (2) applications (full coverage) of weed control shall be provided in the month of March and November of each year, or as needed, for all St. Augustine, Bermuda, Seashore Paspalum and Bahia areas. Any reapplications required, in the Property Manager's opinion, shall be provided at the Contractor's own expense. Weeding shall be performed to a level that is acceptable to the Property Manager. Additional requirements for weed control are defined in paragraph 4.2.

Turf areas shall be continuously monitored for infestations of disease/fungus, and weeds and treated immediately for proper control. Contractor shall provide a monthly monitoring report of these activities to the Property Manager.

All state and Federal regulations governing the use/application of chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to these regulations.

Contractor shall provide Material Safety Data Sheets(MSD Sheets) for all chemicals to the Property Manager prior to start of the contract. Contractor shall also provide MSD sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Fertilization

All fertilizers shall be applied (full coverage) according to manufacturer's instructions. Fertilizers shall be applied when the turf is dry and not over an early morning dew. Fertilizers shall be watered following application on the same day. Apply lawn fertilizer with broadcast spreaders and overlap consistently for uniform coverage.

A custom blended granular fertilizer shall be applied at least two (2) times per year (March, and October), or as needed, for all grasses in developed areas.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
Additional applications of micronutrients may be needed in July or August for St. Augustine, Bermuda, Seashore Paspalum, and Bahia turf. Analysis, scheduled applications, and application rates per 1000 s.f. shall be approved by the Property Manager and at a minimum include a full trace element package of iron, magnesium, zinc and calcium. Analysis may be different depending on the season of application, and should always meet the specific site conditions. The minimum application rate shall be 1 lb. of Nitrogen per 1000 s.f. per application. Any reapplications required, in the Property Manager’s opinion, shall be provided at the Contractor’s own expense.

The Property Manager reserves the right to make reasonable adjustments to the specifications, timing, rate of application and elementary composition according to actual horticultural conditions at the time.

A state inspection of analysis along with an actual certified fertilizer label, legible and otherwise suitable condition for filing, must be submitted for approval.

Once fertilizer application is begun, to maintain uniform turf color, fertilization shall be completed within ten (10) working days.

All fertilizers shall be kept out of ditches and storm water retention ponds and be removed immediately from all sidewalks and roadways.

A report containing bag usage and tonnage per area shall be submitted immediately following fertilization.

All state and federal regulations governing the use and/or application of chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide Material Safety Data Sheets (MSD Sheets) for all chemicals to the Property Manager prior to start of contract. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Pest Control

Turf areas shall be continuously monitored for infestations of insects, including fire ants, and treated immediately for proper control per the attached IPM Specifications. Contractor shall provide a monthly monitoring report of these activities to the Property Manager.

All state and federal regulations governing the use/application chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide MSDS sheets for all chemicals to the Property Manager prior to start of Agreement. Contractor shall also provide MSDS sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire term of the Agreement.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

pH Adjustment

It is anticipated that the soil pH level may require adjustment in various areas throughout the Project site. The Contractor shall perform, as directed by the Property Manager, soil tests for any and all areas where the landscape is not responding adequately to the landscape care program. Based on the pH test results, the Contractor shall provide a pH adjustment program, if required, to be approved by the Property Manager. These areas will be monitored and, as directed by the Property Manager, follow-up tests will be required. The soil tests and the pH adjustments shall be considered part of the base Scope of Services.

Special Conditions for Bermuda and Seashore Paspalum

Complete application of fertilizer in May in addition to standard twice per year fertilization. Supply the turf with nitrogen feedings at least every other month during summer and fall. Cut with a reel mower frequently to a height of one (1) to two (2) inches. Check weekly for pest problems.

Shrubs/Ground Cover Care

Flowering Annuals

Annual Bedding plants are to be replaced three times (3x) annually in the designated areas on Exhibit C . Plants are to be 4” pot size with an 8” spacing and should be planted to maximize curb appeal for the site. Annuals should be planted for winter, spring, and summer/fall seasons. Recommendations for plant types and colors, if different from standard specifications, should be made to Property Manager thirty days in advance of proposed planting schedule.

Pruning

Detailing of planted areas shall be performed in a sectional method, with the frequency of once every three (3) weeks. Detailing includes trimming, pruning and shaping of all shrubbery, ornamentals and ground cover, removal of under story tree suckers (including oak trees), removal of unwanted vegetation, and the fluffing of pinestraw, bark or chips. Contractor shall provide to the Property Manager a sectional detailing operation map for review and approval within 30 days after the Contractor receives notice-to-proceed with the Services.

Shrubs shall be hand clipped to remove only the top excess growth. Hedge sheering shall not be performed until shrub rows are completely full and have obtained at least 3' full height. Pruning sides of shrubs shall be avoided to allow the mass to naturally fill.

No pruning shall be performed on live wood that alters the shape and fullness with respect to the intended character of the plantings. The Contractor at no additional cost to the Property Manager shall replace any shrub damaged from equipment, other negligent activities, or improper pruning.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

Shrubs shall be pruned according to Property Manager’s specific instructions.

All ornamental grasses and shrubs shall be pruned bi annually, or as occasionally directed by Property Manager.

Summer flowering shrubs shall be pruned yearly during late winter/early spring.

Spring flowering shrubs shall be pruned yearly after blooming.

Broad leaf evergreen shrubs shall be hand-pruned yearly to maintain their natural appearance after the new growth has hardened off.

Conifers shall be pruned yearly after the foliage of the new growth has changed color.

Ground covers shall be edged and pruned to contain them within the planting beds.

The main stem of shrubs or vine-like plants planted near fences shall be secured to the fence with plastic tie material to allow new growth to be guided as directed by the Property Manager.

All clippings shall be removed from all sidewalks, roadways, and waterways, and disposed off-site.

A schedule for pruning shall be submitted to the Property Manager for approval within 30 calendar days of the notice-to-proceed with the Services.

Selective pruning, balling and shaping shall be performed as needed to expose landscape lights and remove all dead wood.

Weeding

The Contractor shall be required to maintain all mulched areas free of weeds, to a level that is acceptable to the Property Manager, by hand pulling or chemical means, as environmental, horticultural, and weather conditions permit. As a general policy, chemical means of weed control will not be suitable for weeds that are in excess of 2 inches above the ground cover. An appropriate combination of "pre" and "post" emergent weed control tactics are strongly recommended. Placement of a weed barrier in all beds is also encouraged. Weeding shall be performed in conjunction with the detailing of planted areas at a minimum frequency of once every two weeks. Weeds around impervious surfaces shall be sprayed as soon as observed. All weeds collected shall be removed and disposed off-site.

All state and federal regulations governing the use and/or application of chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

Contractor shall provide Material Safety Data Sheets(MSD Sheets) for all chemicals to the Property Manager prior to start of the contract. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Fertilization

A custom blend fertilizer shall be applied at least two (2) times per year (March/April and September/October) per soil tests, or as needed. Analysis shall include a trace element of iron, magnesium, zinc, and calcium. Analysis and program should be structured to meet the specific site conditions. Reapplications, if required in the Property Manager’s opinion, shall be provided at the Contractor’s own expense.

Fertilizers shall be applied at a rate of one pound of nitrogen per 1,000 SF of bed area.

Fertilizers shall be used per the soil test results and can include the following:

40% nitrogen derived from ammonium sulfate; 60% from controlled release.
A ratio of nitrogen to potassium at 1 to 1.
Two percent iron - minimum.
Two percent magnesium - minimum.
One percent magnesia - minimum.
Three percent phosphorous - minimum.
Include elements of calcium, boron, copper, zinc, and phosphorous.

Alternative fertilizer analysis may be approved by the Property Manager, if the Contractor substantiates correlation to healthier plant growth.

Granular fertilizer shall be applied by hand or hand operated broadcast spreader insuring uniform coverage. Fertilization shall be completed within ten (10) working days.

A state inspection of analysis along with an actual label in legible and otherwise suitable condition for filing shall be submitted for approval.

All fertilizer shall be kept out of ditches and ponds and be removed immediately from all sidewalks, pedestrian areas and roadways.

A report containing name of product applied, mix ratio, rate of application, amount of product applied, and location of application shall be submitted immediately following fertilization.

All state and federal regulations governing the use/application chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020

Contractor shall provide Material Safety Data Sheets (MSD Sheets) for all chemicals to the Property Manager prior to start of the contract. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire contract period.

Pest and Disease Control

The Property Manager shall be notified one week prior to any chemical application. All over spray shall be prevented and contact with any pedestrians, their property or pets shall be strictly avoided.

All landscape areas shall be continuously monitored for infestations of insects and disease/fungus, and treated immediately for proper control. Contractor shall provide a monthly monitoring report of these activities to the Property Manager.

The Contractor shall treat insect infestations on an as needed basis. Labor and material costs for necessary treatment shall be included in basic scope of services..

Operating personnel shall be knowledgeable and capable of monitoring and identifying infestations of disease/fungus and licensed to apply any chemical treatments. All chemicals shall be used in strict accordance with federal, state, and county directives on environmental control and carry an EPA approval number.

All state and federal regulations governing the use/application chemicals shall be strictly adhered to. Contractor assumes all related liability for adhering to or failing to adhere to these regulations.

Contractor shall provide Material Safety Data Sheets (MSD Sheets) for all chemicals to the Property Manager prior to start of the Agreement. Contractor shall also provide MSD Sheets for any changes in chemical use to the Property Manager, prior to application, throughout the entire term of the Agreement.

Mulching

All mulched beds shall be turned over for a fresh appearance during every other required bed detailing sequence. Grade 1 pine needle mulch (debris free) and dark- brown mulch (non-floating) shall be installed three times a year in March, July and October at a depth of 1 ½" to 2". The month can vary as directed by the Property Manager. Mulch in excess of 2" shall be removed from the planting areas.

Pier Park Community Development District	Scope of Services	
Landscape/Irrigation/Infrastructure Maintenance – Exhibit A	2020	

4.2.7	pH Adjustment	

A soil analysis and pH adjustment shall be provided for shrubs/ground covers as per section 4.1.7.

Tree Care

Pruning

Overall, no topping of any of the trees on site. Dead wood and broken branches should be removed from all trees at a minimum of two times per year, once in February and again in August, or as directed by the Property Manager. No pruning should be performed on live wood that would affect the fullness with respect to the intended character of the plantings. Any tree damaged from equipment, other negligent activities or improper pruning shall be replaced by the Contractor at no additional cost to the Property Manager.

Remove all sucker growth from base of trees on a regular basis. Remove any limb, which in the Property Manager’s opinion poses a threat to public safety. Unless otherwise directed by the Property Manager, Utilize the specific pruning practices described below:

Oaks - Prune street trees to maintain a desired uniform appearance by thinning or tipping, only after trees have established themselves (typically about 18 months) and been through a minimum of one good spring flush of growth. Maintain under story height at least 7 ft. from ground. Optimum time for pruning is during the winter months to encourage new growth in the spring. Oaks not used as street trees should be allowed to take on a more natural form and shape for optimum character and shade development with no thinning or tipping. Dead wood or broken branches should be removed. No topping shall be performed on oak trees. Branches are encouraged to hang over walks with adequate pedestrian and bicycle clearance.
Crape Myrtle – Tip in January, but only by approximately 2' - 3'. Crapes should have only the dead seedpods trimmed off after the blooms die back or during the winter months. This will shape the crape myrtles to become larger trees, rather than remaining small. To achieve optimum size, preservation of stems pencil size in diameter or greater is recommended unless the stem is damaged. This is critical in the first few years after planting since the installed tree is relatively small, and pruning several feet will cause the tree to take longer to reach mature size. Severe topping shall be considered out of character.
Wax Myrtle - Tip mildly in January, cleaned at the base to 2' clear trunk and dead wood removed. All suckers/shoots from the bottom of the trees should remain trimmed away to provide a clean appearance. This will also promote growth at the top of the plant.
East Palatka Holly - These trees are located in the medians and should be left full to the ground unless it is determined this will block views and become a safety issue, and in that case, it will be required to limb them up.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
Ligustrum - Hand clip in order to maintain full, natural shape. Sever shearing into "globes" shall be avoided, unless directed by the Property Manager. No topiary shaping of heads. Suckers and shoots growing from the bottom of the trees should be trimmed away to provide a clean appearance.
Magnolias - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal. Prune only sucker growth and to maintain an attractive, clear trunk appearance. Trees should not be limbed up to expose clear trunk. They should remain full to the ground unless there is a reason such as blocking views or safety issues that require limbing them up.
Red Maple - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Sweet Gum - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Sabal Palm - Trim bi-annually, or as occasionally directed by Property Manager, to remove old fronds. Any unsightly fronds that are wind- beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.
Bald Cypress - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Long Leaf Pine - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Sweet Bay - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Washingtonia Palm - Trim bi-annually, or as occasionally directed by Property Manager. Any unsightly fronds that are wind-beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.
Persimmon - Allow to grow into natural form and shape. These do not require annual pruning. However any broken branches or dead wood

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
should be pruned out of trees to promote new growth and maintain optimal visual appeal.
Phoenix Palms - Trim bi-annually, or as occasionally directed by Property Manager, to remove old fronds. Any unsightly fronds that are wind-beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.
Medjool Palm - Trim bi-annually, or as occasionally directed by Property Manager, to remove old fronds. Any unsightly fronds that are wind-beaten or damaged by tropical storms/hurricanes should be removed upon decline and browning. Upon appearance, flower stalks on palms should be removed as soon as possible. It takes a great deal of energy for the plant to produce these, which means that essential nutrients supplied to the palm are being used to support the flower instead of growth of fronds.

Trees located in buffer areas shall be pruned twice (2) a year. These trees shall be pruned to promote dense canopy for screening and to provide a neat appearance. The Property Manager shall provide specific instructions for pruning trees in buffer areas.

Other ornamental trees shall be pruned yearly during late winter/early spring (late February - April).

All other trees shall be pruned yearly to enhance their natural character as directed by the Property Manager.

Trees shall be canopied in a manner that will prevent interference with pedestrian walkways, signage and traffic, as well as assist in the general appearance of the property. This service will be performed as necessary in accordance with the with the pruning schedule for shrubs and groundcover as described under Section 4.2.2to maintain uniformity and property clearances.

Selective pruning and shaping shall be performed as needed to expose landscape lights.

Fertilizer

Trees shall be fertilized as per the requirements of 4.2. Any alternative fertilizer analysis recommended specifically for individual trees may be approved if the Contractor substantiates reasons for healthier plant growth.

Pier Park Community Development District	Scope of Services	
Landscape/Irrigation/Infrastructure Maintenance – Exhibit A	2020	

4.3.3	
Pest Control		

Preventative insect/disease control treatments shall be provided for individual trees, as per the requirements of 4.2.4.

Mulch

All mulch shall be turned over for a fresh appearance during every other pruning scheduled under 4.2.2 for shrubs and groundcover. Grade 1 pine needle mulch (debris free) and dark-brown mulch (non-floating) shall be installed three times a year in March, July and November at a depth of 1 ½" to 2". Mulch in excess of 2" shall be removed from the planting areas. All individual isolated trees shall have their tree ring re-mulched keeping a 12” area free from mulch to discourage fungal issues.

pH Adjustment

Soil testing and pH adjustment shall be provided as per the requirements of 4.1.7.

Trees Along Walking Trail

Trees and vegetation along the walking trail shall be left in a natural state and only trimmed as necessary, i.e., foliage blocking the pathway and creating a potentially unsafe environment.

Irrigation System

General Requirements

The Contractor shall be responsible for continual, full operation of all system parts. Any plant damage resulting from non-operation of system, over-watering, or insufficient watering due to maintenance neglect shall be the Contractor's responsibility, as per Section 2.12. Contractor shall replace damaged materials or reimburse the Property Manager for the cost of replacement or repairs as directed by the Property Manager.

The Contractor shall be responsible for repairs to the system caused by the Contractor or by the Contractor's neglect for the term of this Agreement.

Automatic irrigation system will be programmed weekly to provide a watering frequency sufficient to replace soil moisture below the root zone.

All irrigation shall be performed between 1:00 a.m. and 7:00 a.m. Any extension from this schedule shall be approved by the Property Manager.

Any modifications to the irrigation system shall be submitted in writing for approval. Approval will be in writing to the Contractor. If the original request is not satisfactory to the Property Manager, an alternate plan may be requested. A detailed sketch of the irrigation system for record documents will also be supplied to the Property Manager, prior to work commencing.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
Contractor shall provide hourly rate and material item pricing sheet for typical irrigation repairs (i.e. pop-up sprinkler replacement, piping replacement, etc.)

Monitoring/Adjustments

The Contractor shall inspect the operation of the entire system, including clocks, timers, etc. at one time no less than once every four weeks. A written report shall be furnished to the Property Manager at the completion of each inspection. During this inspection, the Contractor shall perform the following:

Activate each zone of the existing system.
Visually check for and report any damaged heads or ones needing repair.
Ensure the operation and coverage is sufficient for proper healthy landscape growing conditions.

In addition to the Contractor’s inspection at least once every four weeks of the entire system, each zone should be tested individually at a separate time at least once per month.

Spray patterns for all irrigation heads shall be adjusted, if required, when detected by the Contractor or as directed by the Property Manager.

Any adjustments to the spray nozzle’s spray patterns, controllers, etc. required to provide optimum growth of the landscape shall be provided on an as needed basis as part of the base Scope of Services.

All replacement parts shall be the same manufacture or of similar make and model as the initial irrigation installation.  Execution of all repairs/installation shall be as per original construction details/specifications.

Above ground irrigation components damaged by the Contractor while performing landscape maintenance activities shall be repaired and replaced by the Contractor within 24 hours at no charge to the Property Manager.

Any property damage due to wash outs created by irrigation breaks that went undetected due to negligence of the Contractor shall be repaired by the Contractor at no charge to the Property Manager.

All non–emergency repairs less than $250 per job can be completed without Property Managers approval. However, if the job is $250 or more than the contractor must contact the Property Manager within 24 hours and receive approval prior to beginning the work.

Pier Park Community Development District	Scope of Services	
Landscape/Irrigation/Infrastructure Maintenance – Exhibit A	2020	

4.4.3	Valve/Valve Boxes	

Provide any miscellaneous cleaning of valves for proper functioning on an as needed basis.

Ensure that all valve boxes remain flush and level with grade. The valve boxes shall be kept free of any overgrowth of plant material or sod. The interior of each box shall be kept clean and lined, as per the original construction details.

Litter Removal

Landscape Areas

Any litter found in planting beds or in turf areas shall be collected daily and disposed of off-site prior to each mowing cycle.

Road Right-of-Way, Ponds, and City Park Ponds

Contractor shall monitor all road right-of-ways, stormwater ponds, and city park Ponds areas once daily to collect any litter and dispose of the litter off-site.

Storm Water System Maintenance

The storm water inlet grates should be inspected during grass cutting and litter pickup to ensure trash and debris are not blocking the flow of storm water. Any debris or trash should be removed immediately.

All ponds, outfall structures, headwalls, equalizing culverts and discharge pipes should be inspected during grass cutting to ensure they remain litter free.

The pond side slopes shall be inspected monthly from April through November and bi-monthly from November through March, and all excessive vegetation shall be cut.

The pond slopes should be observed during the routine grass cutting for any signs of scour, erosion, or settlement. The outlet structures of the ponds shall be inspected monthly and after rainfall events in excess of one inch. Any trash or debris shall be removed and any deviation from the normal drain down of the ponds from normal levels after rainfall shall be reported to the Property Manager.

UNSCHEDULED MAINTENANCE AND REPAIRS

The Contractor shall be equipped and organized to provide any unscheduled maintenance and repairs required in this Agreement. The general procedures for unscheduled maintenance and repairs, response to damaged facilities and emergencies, and unscheduled maintenance activities is addressed below.

Pier Park Community Development District	Scope of Services	
Landscape/Irrigation/Infrastructure Maintenance – Exhibit A	2020	

5.1	
General		

The Contractor shall be responsible for all repairs within the limits of work unless directed otherwise by the Property Manager. Repairs that result from the Contractor’s failure to properly perform the Services under this Scope of Services shall not be considered an Additional Service and therefore shall not warrant additional compensation to the Contractor. Repairs that, in the Contractor and Property Manager’s opinion are not as a result of Contractor negligence shall be deemed an Additional Service and shall, at the Property Manager’s election, be made by the Contractor upon receipt of a Work Authorization from the Property Manager. When the Contractor determines that a repair is necessary, the Contractor shall submit to the Property Manager a Work Authorization form together with the Contractor’s estimate of the cost to perform the repair. Whenever possible, this Work Authorization and cost estimate should be sent to the Property Manager seven (7) calendar days in advance of the Contractor performing the Services and upon Property Managers approval.

The Property Manager shall return one executed copy of the Work Authorization form and shall indicate the method of compensation. In the event Services are to be provided on a unit price or time and material basis, within seven (7) calendar days upon completion of the Services, the Contractor shall submit to the Property Manager, an itemized listing of the Contractor’s and/or Subcontractor’s costs to perform the Services including all unit quantity items or labor, equipment, and materials. The itemized listing shall be presented in a format acceptable to the Property Manager and if requested by the Property Manager shall include copies of invoices from others providing work or materials on the repair.

Damaged Facilities

Should the Contractor become aware of damage to the facilities within the area maintained by the Contractor, the Contractor shall notify the Property Manager as soon as possible. If the Property Manager elects to have the Contractor perform the repair, the Property Manager shall issue a Work Authorization to the Contractor to proceed with the repair.

Irrigation Repairs

All irrigation breaks shall be repaired immediately. Lines shall be flushed thoroughly before installing new heads.

Irrigation components damaged by accident caused by someone other than the Contractor, by wear and tear, or by vandalism shall be reported to the Property Manager immediately. Execution and payment for these repairs is explained in Section 5.1.

Emergency Repairs

If the repair to a damaged facility is deemed an emergency and immediate repair is judged necessary by either the Contractor, District Manager, Owner or Property Manager, upon receipt of authorization by the Property Manager, the Contractor shall proceed with providing all material, labor, and equipment on a time and material basis necessary to make the repair and restore the facilities. If the repair is

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
required due to Contractor’s negligence, the Property Manager shall back charge the Contractor for the repair.

The Contractor shall provide any emergency repairs to the irrigation system immediately once detected by the Contractor, or within three hours of notification from the Property Manager. If the emergency repairs are due to Contractor negligence, the Contractor shall provide these repairs at its own expense. If these repairs are beyond the Contractor’s control within the Scope of Services, the Contractor shall provide the repairs and submit an invoice on a time and material basis.

Emergency repairs, as agreed by the Property Manager, are the only repairs that will not require a Work Authorization from the Property Manager.

Unscheduled Maintenance

The Contractor shall provide occasional unscheduled maintenance that is in Addition to the base Scope of Services. The Contractor shall receive a Work Authorization from the Property Manager and shall respond and complete the request within two weeks or a mutually agreeable time with the Property Manager. The Contractor's cost estimate to provide the work shall be approved by the Property Manager prior to commencement. The Contractor shall be available and willing to provide the following unscheduled maintenance services:

Raise the height of irrigation heads.
Provide landscape and irrigation materials, replacements, or repairs due to vandalism or acts of God.
Provide, in late October of each year, over-seeding in undeveloped Bahia areas with Winter Rye. The Contractor shall provide seeding mix to the Property Manager for approval prior to application. Any reapplications required, in the Property Manager’s opinion, due to poor germination or inconsistent coverage shall be provided at the Contractor’s own expense.

ADMINISTRATION/MAINTENANCE/OPERATIONS PROGRAM

The Contractor shall draft an Administration, Operation, and Maintenance Program document and shall implement the policies and procedures of the program described therein. That program and program document shall address, but not be limited to, the following:

General

This program shall be a comprehensive narrative and where applicable, shall include graphic/diagrammatic explanations of policies and procedures that shall govern the Contractor's Services provided under this Agreement as generally outlined in this Scope of Services. The program document shall contain key information relative to the major components described below.

The program document shall be presented in a three-ring binder using standard "8-
½ x 11" pages, single-spaced for text, graphics, and/or diagrams, and with, if necessary, 11" x 17" pages for diagrams and/or graphics that fold out if necessary. The document shall include as a minimum, a table of contents, section dividers,

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
numbered pages, issuance date on each page, and appendices as required. Each copy shall be numbered and a log shall be kept by the Contractor of document holders (refer to Section 2.9.3, Data dispersal).

The program document shall be kept up-to-date at all times by the Contractor. Revisions to the document shall be indicated by footnote on the revised pages. Revisions shall be distributed by the Contractor to all document holders.

The Contractor shall prepare draft copies of the document for review and comment by the Property Manager within ten (10) calendar days of the notice to proceed with the Services. The Contractor shall anticipate at least two (2) more additional reviews by the Property Manager prior to issuance of the final document. All comments provided by the Property Manager shall be incorporated into the document. The Contractor shall be responsible for preparing and submitting the following number of copies of the program document to the Property Manager.

First draft	Three (3) unbound copies and one (1) electronic copy.
Second draft	Three (3) unbound copies and one (1) electronic copy.
Third draft	Three (3) unbound copies and one (1) electronic copy.
Final document	Three (3) bound copies and two (2) electronic copies.

Administration

The administrative section of the program document shall, at a minimum, address those functions relating to administrative matters generally described in the scope of Services that are the responsibility of the Contractor, and shall further include the other items provided below.

Organization charts for administrative management functions. Include key personnel names, job titles, resumes and phone numbers.

Policies and procedures related to the Contractor’s program for communications with the Pier Park community relative to general maintenance operations, customer services, and irrigation user issues.

Policies and procedures related to coordination and communication with developers, builders and others who are a part of the continuing development and construction of the Pier Park community.

Personnel policies and procedures related to the Contractor’s personnel performing services on the Pier Park site.

Operations

The operations section of the program document shall, at a minimum, address those functions relating to operations and customer service matters generally described in the Scope of Services that are the responsibility of the Contractor, and shall further include the other items provided below.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
Organization charts for operations and customer service related functions. Include key personnel names, job titles, and phone numbers.

Policies and procedures related to emergency situations including 24-hour notification, emergency phone numbers, Contractor mobilization and response time (refer to Section 7.2, Emergency Response Program for further details).

Policies and procedures related to the Contractor's safety program.

Maintenance

The maintenance section of the program document shall, at a minimum, address those functions relating to maintenance matters generally descried in the Scope of Services that are the responsibility of the Contractor, and shall further include the other items provided below.

Policies and procedures related to the irrigation system including an equipment guide list identifying each piece of operation equipment, using an appropriate numbering system, with a specific notation as to whether, in the event of an equipment failure, the unit must receive emergency corrective maintenance to maintain normal operation of the system.

The equipment identification shall specify as appropriate, the type of unit, make, model number, voltage, gpm, rpm, size, source for repair and/or spare parts, capacity, procurement source, purpose, and functions.

Policies and procedures related to maintenance requirements including the following:

Maintenance requirement cards, identifying step-by-step procedures for equipment checks which the Contractor shall perform daily, weekly, monthly, quarterly, semiannually and annually for irrigation maintenance. The maintenance requirements shall be based on the vendor equipment manuals for the equipment, copies of which will be provided to the Contractor.

A summary maintenance schedule based on and cross-referenced to the equipment guide list specifying the proposed schedule for daily, weekly, monthly, quarterly, semiannual and annual maintenance.

An equipment history logbook for recording the results of each maintenance check and the historical condition of each piece of equipment.

A flow chart and a written description of how the maintenance program will be used and implemented.

The Administration, Operation, and Maintenance Program shall be submitted by the Contractor for review and approval by the Property Manager's Program Manager. The Contractor shall modify the program as required by the Property Manager's Program Manager.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
RESPONSE TIME

The Contractor shall provide services and repairs within the amount of time indicated in this Agreement. The following is general response time information and requirements for the Emergency Response Program to be developed, implemented, and maintained by the Contractor.

General

The Contractor shall, on a timely and efficient basis, respond to any and all requests, and perform all repairs, inspections, and observations, etc. stipulated in the Project Manual. The Contractor shall provide supervisory, operating and maintenance personnel as required who shall be available on call 24 hours per day, 7 days per week to respond to and correct any problems with any of the elements covered by this agreement.

Response time, unless otherwise directed by the Property Manager, required by the Contractor for various maintenance activities is as follows:

Standard maintenance activity adjustments - varies; as directed by Property Manager
Irrigation adjustments - 24 hours
Standard repairs - one week
Emergency repairs - three hours
Unscheduled maintenance request - as needed, as soon as four hours
Plant material replacement - two weeks

Should the Contractor fail to respond to a request for any services addressed in this Project Scope within the required allotted time, the Property Manager shall, at the Contractor's sole expense, provide the requested services.

Emergency Response Program

The Contractor shall develop, implement, and maintain an emergency response program (ERP) for emergency work that must proceed immediately to avoid property damage or result in a public health or safety hazard. The ERP shall address emergency situations including, but not limited to, the following items:

Irrigation line breaks
Equipment failures
Chemical spills

Additionally, the ERP shall address the following:
Responsible parties to be notified
Personnel, equipment, and emergency repair contractors on call and who will respond to each type of emergency
Procedures for notifying the Property Manager, District Manager, the Pier Park community, and other utility companies affected by the listed emergency
The contractor shall prepare, maintain, and distribute an ERP manual detailing the procedures and responsibilities for the situations listed above and any other situation deemed appropriate by the Property Manager.

Pier Park Community Development District	Scope of Services Landscape/Irrigation/Infrastructure Maintenance – Exhibit A		2020
The ERP manual shall be included in the operations section of the Administration, Operation, and Maintenance Program document (refer to Section 6 for further details).
END OF SCOPE OF SERVICES

EXHIBIT B PROPOSAL PRICING

Plant Re la<emen Mana1ement and Replacement of Annuals
"Mark Up on Plant and Mater ia l Use d

Yes

3

$

1,545.98 s
20%
$

4,637.95

105,427.25

lANDSCAPE SCOPE

Re qu m,ting Pr lt c from Con tractor

. .

Mowing	Yes

Num lle r of App lic a tion s; or Hours
33

$

299.30

s

s

883.58
5,650.47

35.00

35.00 $

$

1

Yes

Soil THtin.r.

4,794.15

399.51 $

$

Month

12

Yes

lrrigation/Wa ter ln Ma1ntena nce/ Re airs

3,798.32

$

158 .26

$

24

Yes

In se ct Pest Control -tnd Ant Killer

3 889.11

$

125.46

$

31

Yes

11,460.00

$

5,730,00

$

2

Ves

1

General Clean Up Power Dlo wlng and Utter Pickup

P1unfo,: - Trees - Palm Trees

22,601.88

$

4

v.,

P1unin1 - Hedging Shrubs

888.58

$

l

v.,

P,u nin1 - Ha rd Pruni ng of allSh rub s an d ere e M rt les - Oec.-fe b,

25,731 .17

$

8,577.06

$

3

Yes

Mutch Ing - Pina Straw and Brown Mulc.h

1,537.59

$

128,13

$

12

Yes

Weed Control (Chemical • Par li:lng Lot

5,131.09

s

427.59

$

Appllct1tlonlsl

12

Ye•

Weed Con tro l Chemical • Shrub Be ds and Planters

2,065.31

$

17 2.11

s

12

Ye•

Weed Control Chemical • Turf

496.27

124.07 $

s

4

Yes

Fert ilization • Shrub Bed s and Plante rs

4,463 .56

1,115 . 89 $

s

4

Ye,

feslll rzali on - Trees

1,150.11

$

287.53

$

4

v..

Fertilization-Turf

2,870.28

$

86.98

$

33

y.,

Edc:ing

9,876 . 88

s

;/  :s'MiNiii\i! io'tos·t;,-€0c

f'fer P.lrk.CpD-     Ge·ne;a1·Ate&S-/  •-.-=.:  \  .::_ ;- .:.\:\\_;"-;_! ;-:_::	,·:-_i  -._::  .-   -:= ):.::FJ 		ons; 	:\ 	;;-::_:.;=:-=	:--: .:;	:.:):-,'-\,-;:-:	
Cont ractor Name:	Rotolo Consulhmti., Inc.	
Contr act or Instructions:	Contractors, Input your data ln to coCumn e	

Property ,ln tructions	Se:Ject whic h acUvtties are In scope for your bid  by H rectin g YES In column e . Enter In Column C the number of appflcatlons andlor hour, you desire to
'contract for each Activity.	
Total ProproHI Co,t	S	120,029.28	

	
1. Core aerat ion orturf area s:	Yes		A£E_licalion fs ;	98 2.77    $	982.77
432.01   $	1,728.05	
2 .	Tree sprayl!l& ( Jnchwoun	lnsed ldde) :	Yes		Appllcallon(s:		
3. Tree sprayhtl ( Dormant Jnsed lclde J:	y.,			AppUatlon[s)	215.16    $	860.63
 s	
 s	1  ◄00.00 
$	9.630.57	
4. Hourly Ral e for Water Trude.:	Not fnSco_e_e				
5, Manual Waterlnll labor(lndudinc hose s}:	Yes	40			
6. fn:s;tallalion of mulch for tree and shrub bed s;	Ves				
				
{		
   ff 	
f		
602i02	

P.Jtr Pilrk CDD_=··:A     h B Sla_nt Pitrlt";l_nd Be".idi f rO"rit 1mprov ments'.=i:<:t >:\ "	liri$tFUct1()ns:; i:L.: =.= · :•:{)('(.;:::;-:.: _c_•..:	•c:..;; :';• )•::.:/ :_:.	
Contractor Name:	Rotolo Con1ullants1. In c.	
Contractorllldru lcons:	Conl ract r_s, Jnput your data In to colurm E	

Property Jnstructions;	Select which • ctivlllo11 are In s:cop e: for you r bid by selutlng YES In co lu mn 8. Enter  In Column C tho nu mber of applic&11tlons and or hours you desire to contr.act for each activtty.	
Total Proposal Cosl	83,586.78	

Mowln1	LANDSCAPE SCOPE	
Yes	Requesting Pi Ice from Contractor	n	Per Appl/cal	"5ii N'NOA<Lii10;:tci sr :, :	
						$	25 2.91	$	8,346.14	
£dg1ng	Ye ,	33		$	73.50	$	2,425.44	
ferUlb:allon - Turf	Ye ,	4		$	242.97	$	971 .86	
Fertlllzallon -Trees	Ye ,	•	Appllcallon(s)	$	1,115.89	$	4,463.56	
Fert illza tlon - Sh, ub lleds and Plantets	Yes	4		$	102.75	$	410.99	
Weed Conttol Chemlcal • Turf	Yes	12		$	145.44	$	1,745.23	
Weed Contl'ol Chemical • Shrub Deds and Planters	Ye,	12		$	354.11	$	4,249.33	
Weed Control Ch(!tnkal - Parking l ot	v..	12		s	s	
Mulching - Pine Straw and Brown Mulch	Yu	3		$	3,55457	10,663.70	
Pruning - Ha,d Prunine of a ll Shrubs ..nd Crepe Myrtles - Pec-. - Feb.	Yos	1		$	888,58	s	888.58	
Prun ing· He dging Shr ubs	Ye,	4		s	4,679.46	s	18 , 717,33	
Pruning- 'frees- aim Trees	Yes	2		$	5, 730 .00	11,460 .00	

G,ma,a l Clean U , Powe r Btowln1 and Utter Pickup	
Yes	
31		
$	1 06.01	
$	3,286 .37	
Insect Pest Contro! and Ant Killer	Yes	24		$	132.39	s	3,177.47	
lrrigatlo n/Waterlni	/ Ma lntt nance	Re pairs	Vos	12		$	300.16	$	3,601.91	
SoHTuting	Yes	1		$	35.00	$	35.00	
Pla nt Re placement/ Man a1eme nt and Re lacemenl of Annuals	Yes	3		$	111.02	$	333 .06	
						
% Mark Up on Plant and Mat er ial Used						
				20"	$	74,776.46	

$	830.46
$	1,728.05
$	860,63
$	
$	1,400.00
$	3,891.17

I$i?. ;   4.:,      ·f; J l i ID,31,:

1. Core u ratlon of lur f a, u s:	
Ye s			
2. Tree spravlnr (Inchworm Inse cticide):	Yes			
3, Tree sp_! 't!!![ ID ormant lnsectldde ):	Yes			
4. Hourly Rate for Water Truck:	Notf nSco.e_e			
5. Manua l WaterJng Labor jlncludlng hoses):	Ye,	40		
6. lnsl;illatlon of mutch for tree and 5hrub beds:	Yes			

!

TIME AND MATERIALS WORKSHEET

	

	

Date Location Market Job Name

Job Number

Item	Quantity	Straight	Overtime	Hourly Rate	Overtime Rate	Billable Amount	
General Labor				$	35.00	$	52.50	$	
Driver				$	40.00	$	60.00	$	
Landscape Foreman				$	45.00	$	67.50	$	
Equipment Operator				$	45.00	$	67.50	$	
Project Superintendent				$	65.00	$	97.50	$	
Irrigat ion Tech				$	75.00	$	112.50	$	
Project Manager				$	75.00	$	112.50	$	
Str ing Trimmer/ Edg er/ Blower				$	7.50		$	
21" Mower				$	10.00		$	
Zero -Tu rn Mower				$	17.50		$	
Spray Unit				$	20.00		$	
Mini-excavator				$	35.00		$	
Chipper				$	30.00		$	
SK 750 Ditch Witch				$	35.00		$	
Skid Steer wit h Attachments				$	40.00		$	
For d F750 Dump Truck				$	40.00		$	
Ford F450 Medium Truck				$	35.00		$	
F-Series Medium Truck				$	25.00		$	
1000 Gall on Water Buff alo				$	25.00		$	
Pla t e Compactor				$	15.00		$	
Sod Cutter				$	15.00		$	
Tiller				$	15.00		$	
AG Tractor				$	40.00		$	
					Total	$	
Misc items							
Item	Quantity	Straight	Overtime	Hourly Rate	Overtime Rate	Billable Amount	
						$	

Total	

$	
					
Total Daily	
$	

Item	Net Price	:	
	
14 AWG Wire per foot	$0.12	
16 AWG Wire per foot	$0.09	
45--1"	$0.88	
45--1/2"	$0.47	
45--1-1/2''	$1.55	
45--1-1/4"	$1.31	
45--2"	$2.14	
45--2-1/2"	$5.57	
45--3"	$8.64	
45--3/4"	$0.78	
9 Volt Battery	$3.71	
90--1"	$0.47	
90-1" X 1/2" RED SOC X FIPT	$1.17	
90--1/2"	$0.28	
90-1-1/2"	$0.84	
90-1-1/4"	$1.01	
90--2"	$1.72	
90-2-1/2"	$5.56	
90-3"	$6.65	
90--3/4"	$0.26	
90--3/4" X 1/2" RED SOC X FIPT	$0.42	
90--4"	$11.88	
Backflow--1" PVB-Febco	$85.25	
Backflow--1" RPZ-Wilkens	$357.63	
Backflow-1-1/2" PVB-Febco	$366.70	
Backflow--1-1/2" RPZ-Wilkens	$676.25	
Backflow--2" PVB-Febco	$460.38	
Backflow--2" RPZ-Wilkens	$700.52	
Backflow--3/4"	$77.12	
Blaze Wire Connectors	$1.09	
Bubbler--Rainbird Full Circle w/screen	$0.85	
Cap--1"	$0.50	
Cap--1/2"	$0.25	
Cap--1-1/2"	$0.73	
Cap--1-1/4"	$0.67	
Cap-2"	$0.88	
Cap-2-1/2"	$2.81	
Cap--3"	$3.08	
Cap--3/4"	$0.32	
Cap--4"	$7.42	
Controller Power Cord 6'	$6.29	
Controller--Hunter Node 1 Station	$125.55	
Controller--Hunter Node 2 Station	$163.91	
Controller--Hunter Node 4 Station	$198.79	
Controller--Rainbird ESP-4ME Indoor	$99.75	
Controller--Rainbird ESP-4ME Outdoor	$123.26	
Controller--Rainbird ESP-LX	$306.38	
Copper--Gas/Solder	$25.00	
Copper--3/4" 90	$1.95	
Copper--3/4" Coupling	$1.44	

Copper--3/4" Male Adapter	$3.05	
Copper--3/4" Female Adapter	$4.34	
Copper--3/4" Pipe 20 ft	$66.30	
Copper--1" 90	$5.22	
Copper--1" Coupling	$2.87	
Copper--1" Female Adapter	$9.62	
Copper--1" Male Adapter	$11.16	
Copper--1" Pipe 20 ft	$97.80	
Copper--1-1/2" 90	$13.64	
Copper--1-1/2" Coupling	$7.49	
Copper--1-1/2" Female Adapter	$16.19	
Copper--1-1/2" Male Adapter	$25.31	
Copper--1-1/2" Pipe 20 ft	$180.90	
Copper--2" 90	$21.99	
Copper--2" Coupling	$12.48	
Copper--2" Female Adapter	$24.29	
Copper-2" Male Adapter	$27.75	
Copper-2" Pipe 20 ft	$283.50	
Coupling--1 1/2"	$0.67	
Coupling-1 1/4"	$0.63	
Coupling-1"	$0.47	
Coupling-1/2"	$0.19	
Coupling--1/2" FIPT	$0.35	
Coupling--2 1/2"	$2.27	
Coupling--2"	$1.08	
Coupling--3"	$3.77	
Coupling--3/4"	$0.25	
Coupling--3/4" FIPT	$0.67	
Coupling--4"	$5.46	
Coupling--SCH 40 1/2" TXT	$0.32	
Coupling--SCH 80 1/2" TXT	$2.51	
Decoder--lCD 100 1 Station ACC	$118.58	
Decoder--lCD 200 2 Station ACC	$198.79	
Decoder--Rainbird 2 Station	$212.33	
Decoder--Rainbird 4 Station	$292.13	
Decoder--Rainbird 6 Station	$466.69	
Decoder--Rainbird Single Station	$104.74	
Drip--Fitting	$0.30	
Drip-Netafim Tubing (Brown) per foot	$0.39	
Drip--Staples	$0.08	
EII--Male  1" X 1/2"	$2.09	
EII--Male 1" X 3/4"	$2.08	
Ell-Male 1/2"	$0.63	
Ell-Male 1-1/4'' X 1"	$1.64	
EII--Male 3/4" X 1/2"	$0.89	
EII--Male 3/4"X 1/2" MIPT	$0.89	
EII--Male to Female 1"	$2.24	
Extention--Rainbird 1800 6"	$2.49	
Fault Location	$60.00	
Female Adapter--1"	$0.47	
Glue/Primer	$8.00	
HDPE--1/2" Marlex Connector	$0.32	

HPDE--1" Marlex Connector	$2.24	
HPDE--3/4" Marlex Connector	$1.06	
Lid--1O" Universal Lid	$10.27	
Lid--6" Universal Lid	$6.37	
Male Adapter--1"	$0.52	
Male Adapter--1" X 1-1/4"	$1.72	
Male Adapter--1/2"	$0.25	
Male Adapter--1-1/2"	$0.84	
Male Adapter--1-1/2" X 2"	$2.48	
Male Adapter--1-1/4"	$0.63	
Male Adapter--2"	$1.10	
Male Adapter-2-1/2"	$3.26	
Male Adapter--3"	$5.05	
Male Adapter--3/4"	$0.28	
Micro Spray--6 Outlet Manifold	$4.73	
Micro Spray--Rainbird 12"	$0.36	
Module--Rainbird ESP-4ME 3 Station	$38.15	
Module--Rainbird ESP-4ME 6 Station	$70.18	
Module--Rainbird ESPLX 12 Station	$153.90	
Module--Rainbird ESPLX 4 Station	$49.88	
Module--Rainbird ESPLX 8 Station	$104.03	
Multi Strand Wire per foot	$0.39	
Nozzle	$0.85	
Nozzle--Hunter MP Rotator	$7.50	
Pop-up--Hunter 12" PRO	$9.42	
Pop-up--Hunter 4" PRO	$1.71	
Pop-up--Hunter 6" PRO	$6.14	
Pop-up--Rainbird 1804	$1.59	
Pop-up--Rainbird 1804 SAM-PRS	$6.06	
Pop-up--Rainbird 1806	$5.88	
Pop-up--Rainbird 1806 SAM-PRS	$14.43	
Pop-up--Rainbird 1812	$9.44	
Pop-up--Rainbird 1812 SAM-PRS	$17.28	
PVC--Class 1" per foot	$0.22	
PVC--Class 1-1/2" per foot	$0.46	
PVC--Class 1-1/4" per foot	$0.35	
PVC--Class 2" per foot	$0.73	
PVC--Class 2-1/2" per foot	$1.08	
PVC--Class 3" per foot	$1.57	
PVC--Class 3/4" per foot	$0.16	
PVC--Class 4" per foot	$1.76	
PVC--SCH 40 1" per foot	$0.46	
PVC--SCH 40 1/2" per foot	$0.23	
PVC--SCH 40 1-1/2" per foot	$0.72	
PVC--SCH 40 1-1/4" per foot	$0.60	
PVC--SCH 40 2" per foot	$0.98	
PVC--SCH 40 2-1/2" per foot	$1.61	
PVC--SCH 40 3" per foot	$1.91	
PVC--SCH 40 3/4" per foot	$0.31	
PVC--SCH 40 4" per foot	$2.72	
Quick Coupler Key--1"	$68.40	
Quick Coupler Kev--3/4"	$28.50	

Slipfix--4"	$47.43	
Soil	$0.00	
Solenoid--Hunter	$9.07	
Solenoid-Hunter DC	$22.32	
Solenoid--Rainbird DC	$29.93	
Solenoid-Rainbird DV	$11.64	
Solenoid--Rainbird PGA/PEB	$35.04	
Solenoid--Rainbird TBOS D/C	$29.93	
Splice Kit-DryCon DBY/R	$2.78	
Swing Joint-1/2"x 1/2"x 3/4"	$1.74	
Tee--1"	$0.62	
Tee--1/2"	$0.36	
Tee--1-1/2"	$1.18	
Tee-1-1/4"	$1.20	
Tee-2"	$2.25	
Tee-2-1/2"	$7.42	
Tee--3"	$9.75	
Tee--3/4"	$0.33	
Tee--4"	$16.64	
Tubing-1/2" Flex per foot	$0.25	
Tubing--1/4" Emitter	$2.08	
Tubing--1/4" Fitting	$0.10	
Tubing-1/4" Flex per foot	$0.07	
Union--1"	$7.64	
Union--1-1/2"	$13.40	
Union--2"	$16.45	
Valve Box--Jumbo	$54.47	
Valve Box--NDS 10 " Round	$12.98	
Valve Box--NDS 12" Rectangular	$26.02	
Valve Box--NDS 6" Round	$3.64	
Valve Location	$40.00	
Valve--Drip 1" XCF-LF 100-PRF	$70.58	
Valve--Rainbird 1" ASVF w/Atmospheric Backflow	$62.00	
Valve--Rainbird 1" DV	$17.10	
Valve--Rainbird 1" DVF	$18.17	
Valve--Rainbird 1" PEB	$78.55	
Valve--Rainbird 1" PGA	$18.70	
Valve--Rainbird 1-1/2" PEB	$104.74	
Valve--Rainbird 1-1/2" PGA	$63.59	
Valve--Rainbird 2" PEB	$123.40	
Valve--Rainbird 2" PGA	$86.03	
Xeri Spray--360 Adjustable	$2.08	
Xeri Spray--XFD-TFA-075	$0.78	
Xeri Spray--XFF MA-50	$0.60	
Xeri Spray--XFF MA-75	$0.63	
Xeri Spray--XS 090	$2.08	
Xeri Spray--XS 180	$2.08	
Xeri Spray--XS 360	$2.08	
Xeri Spray--XS-360TS-SPYK	$1.35	
Misc--Fittings per Zone	$35.00	
Misc--lrrigation Zone including Labor	$1,600.00	

Quick Coupler Valve--1"	$83.64	
Quick Coupler Valve--3/4"	$43.50	
Rain/Freeze Sensor-Rainbird Wireless RSD-BEX	$66.26	
Reducer Building--3" X 2"	$3.05	
Reducer Bushing--1" X 1/2"	$0.55	
Reducer Bushing--1" X 3/4"	$0.48	
Reducer Bushing--1" X 3/4" SPIG	$0.77	
Reducer Bushing-1-1/2" x 1"	$0.78	
Reducer Bushing--1-1/2" X 1" SPIG	$1.35	
Reducer Bushing--1-1/2" X 1-1/4"	$0.67	
Reducer Bushing--1-1/4" X 1"	$0.73	
Reducer Bushing--1-1/4" X 1/2"	$0.73	
Reducer Bushing--2" X 1-1/2"	$1.27	
Reducer Bushing--2" X 1-1/4"	$1.27	
Reducer Bushing--2-1/2" X 2"	$2.06	
Reducer Bushing-3" X 2-1/2"	$3.05	
Reducer Bushing--3/4" X 1/2"	$0.28	
Reducer Tee--1" X 1/2"	$0.81	
Reducer Tee-1" X 3/4"	$0.88	
Reducer Tee-1" X 3/4" FIPT	$1.35	
ReducerTee-1-1/2" X 1"	$2.31	
Reducer Tee-1-1/2" X 1/2"	$2.31	
Reducer Tee-1-1/4" X 1/2"	$1.32	
Reducer Tee-2" X 1" FIPT	$3.76	
Reducer Tee--2" X 1/2"	$2.27	
Reducer Tee- 3" X 1-1/2"	$10.61	
Reducer Tee--3/4" X 1/2"	$0.50	
Riser--1/2" Cl	$0.16	
Riser--3/4" Cl	$0.24	
Riser--Poly Cut Off 1/2" X 3"	$0.66	
Riser--Poly Cut Off 3/4" X 4"	$0.58	
Riser--SCH 80 1/2 "X 30"	$2.98	
Riser--SCH 80 1/2" X 18"	$1.77	
Riser-SCH 80 1/2" X 12"	$0.95	
Riser-SCH 80 1/2" X 24"	$2.11	
Riser-SCH 80 1/2" X 6"	$0.66	
Rotor-Falcon 6504	$35.63	
Rotor--Hunter 12" PGP	$29.99	
Rotor-Hunter 4" PGP	$14.65	
Rotor--Rainbird 5004	$9.08	
Rotor-Rainbird 5012	$22.44	
Rotor--Rainbird 5505	$16.03	
Rotor-Rainbird 8005	$59.49	
Shrub Adapter--RainbirdPA-8-S	$1.25	
Slipfix--1"	$5.41	
Slipfix--1/2"	$4.30	
Slipfix--1-1/2"	$11.42	
Slipfix--1-1/4"	$10.53	
Slipfix--2"	$16.74	
Slipfix--2-1/2"	$25.10	
Slipfix--3"	$27.98	
Slipfix--3/4"	$4.81	

EXHIBIT C MAINTENANCE MAP

DocuSign Envelope ID: C2AA007C-B1C0-4B88-B9FE-51BDC0D2D3E0

EXHIBIT C

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EXHIBIT C PAGE 1 OF 2

Pier Park

SIMON®

Panama City Beach, FL
CORP# 4764

This exhibit is provided for illustrative purposes only, and shall not bedeemed to be a WIU11Ulty, rq,rcsent.ation or agreement by Landlord that the Center, Common Area!t, building.-. and/or stores will be as illustrated on this exhibit, Of' that any tenants which may be fcrenced on this exhibit will at any time be occ upants of the Center. Landlord reserves the right to modify size, configuration and occupants of the Center at any time.

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Pier Park
600 Pier Park Drive

I	M10N®

Modified:  January 02, 2013	An nua\ Cofor tt(is

Panana City Beach, FL 32413
CORP#  4764

EXHIBIT  C PAGE  2 OF 2

COMPOSITE EXHIBIT D FORMS

PIER PARK COMMUNITY DEVELOPMENT DISTRICT WEEKLY WORK JOURNAL
(this form, or a similar form, must be filled out at the end of each weekly visit and turned in to the District Representative)

DATE: 	

DESCRIPTION  OF WORK  PERFORMED TODAY:  	

LOCATIONS: 	

ISSUES  REQUIRING ATTENTION:  	
(Please notify District Rep. if any)

PIER PARK COMMUNITY DEVELOPMENT DISTRICT PEST MANAGEMENT REPORT

DATE: 	

SYMPTOMS:  	

LOCATION:  	

PROBABLE CAUSE OF DAMAGE:  	

ESTIMATED  MATERIALS REQUIRED  FOR TREATMENT:  	

CERTIFIED  PESTICIDE APPLICATOR’S NAME:  	

REPRESENTATIVE NAME: 	______

THE INVOICE FOR THIS WORK MUST MATCH THE DESCRIPTION OF THIS SERVICE REQUEST

PIER PARK COMMUNITY DEVELOPMENT DISTRICT
IRRIGATION REPAIR REQUEST FORM

DATE: 	

DAMAGE: 	__________	

__________

__________

__________

LOCATION: 	__________

__________

__________

PROBABLE CAUSE OF DAMAGE: 	__________

__________

__________

__________

ESTIMATED COST OF MATERIALS &  LABOR REQUIRED  FOR TREATMENT: ________

__________

__________

__________

IRRIGATION TECHNICIAN’S NAME: 	______________________

REPRESENTATIVE NAME: 	________________

THE INVOICE FOR THIS WORK MUST MATCH THE DESCRIPTION OF THIS SERVICE REQUEST

LANDSCAPE & IRRIGATION MAINTENANCE SERVICES AGREEMENT WORK AUTHORIZATION NO.   

THIS WORK AUTHORIZATION (“Work Authorization”) is presented according to the requirements of that certain Landscape & Irrigation Maintenance Services Agreement (“Agreement”), and is made and entered into this         day of 	, 20 , by and between:

PIER PARK COMMUNITY DEVELOPMENT DISTRICT, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, being situated in Panama City Beach, Florida, and having offices at c/o Rizzetta & Company, Inc., 120 Richard Jackson Blvd., Suite 200, Panama City Beach, Florida 32314 (“District”); and

 	, a 	, with an address of 	(“Contractor”).

SECTION 1. SCOPE OF SERVICES. In addition to the Services described in the Agreement, any exhibits and amendments thereto, and any work authorizations authorized pursuant thereto, the Contractor shall provide the services set forth on the proposal attached hereto as Exhibit A and incorporated herein by reference (“Services”). The Agreement and this Work Authorization shall be controlling over any conflict between either document and the provisions of Exhibit A.

SECTION 2. COMPENSATION. Payment of compensation for the Services under this Work Authorization shall be based upon the Agreement and as set forth in Exhibit A.

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

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

Attest:	PIER PARK COMMUNITY DEVELOPMENT DISTRICT

Assistant Secretary/Secretary	By: 	
Its: Chairman, Board of Supervisors

Print Name
[CONTRACTOR]

	
	
Witness	By:  		
	Its:  		

Attachment A:	Proposal

WORK AUTHORIZATION NO. 1 REGARDING LANDSCAPE & IRRIGATION
MAINTENANCE SERVICES AGREEMENT BETWEEN PIER PARK COMMUNITY DEVELOPMENT DISTRICT AND ROTOLO CONSULTANTS, INC.

THIS WORK AUTHORIZATION NO. 1 (the “Work Authorization”), dated February 1, 2021, modifies the scope of work and compensation under that certain Landscape & Irrigation Maintenance Services Agreement (the “Agreement”) entered into effective February 1, 2021, by and between: Pier Park Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in the City of Panama City Beach, Florida, with a mailing address at 120 Richard Jackson Boulevard, Suite 220, Panama City Beach, Florida 32407 (the “District”); and Rotolo Consultants, Inc., a foreign corporation, with an address at 104 Estes Place, Suite B, Panama City Beach, Florida, 32413 (“Contractor”).

SECTION 1.    Contractor and the District agree that the Services to be performed pursuant    to the Agreement shall be reduced effective February 1, 2021 to exclude maintenance of Aaron Bessant Park, which includes the sodded portion of Aaron Bessant Park, the Veteran’s Memorial, the area around Pond 1 (Seahorse Lake), and the walking trail (all of which are depicted by red hatch marks in the attached Exhibit A). Contractor shall continue to provide the Services required by the Agreement for all remaining areas covered under the Agreement. The Contractor and the District agree that the compensation due to Contractor under the Agreement for Services performed beginning February 1, 2021 shall also be reduced by $4,309.76 per month for the remaining term of the Agreement to $10,707.22 per month for an annual total of $128,486.64. Such compensation covers only the items specified in the Contractor’s pricing proposal (“Contract Amount”), attached hereto as Exhibit B, and as such term is used in the Agreement. For additional work, subject to the provisions of Sections 7.c. and 7.d. of the Agreement, the District agrees to pay Contractor pursuant to the unit pricing specified in Exhibit B.

SECTION 2. This Work Authorization is subject to all terms and conditions  of  the  Agreement and any Amendments thereto as though incorporated by reference, expect that this Work Authorization controls to the extent of any conflict between the Work Authorization and the Agreement and any Amendments thereto, in which event the Work Authorization shall control.

[Signatures on next pages]

Page 1 of 3
Work Authorization No. 1

Pier Park Community Development District Signature Page for Work Authorization No. 1

Witness:	District:	Pier Park Community	
		Development District	

Signature:  		
Signature:  		Chris Tilley	
Print Name: 		Chair, Board of Supervisors	

Rotolo Consultants, Inc.
Signature Page for Work Authorization No. 1

Witness:	Contractor:	Rotolo Consultants, Inc.	
Signature:  		
Signature:  		Print Name: 		
Print Name: 		Title: 	COO		

Michael Rotolo

JATIS ,.,,,...,,

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)J.IecIJ:i!d

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\.    .

Plant Re la<emen Mana1ement and Replacement of Annuals
"Mark Up on Plant and Mater ia l Use d

Yes

3

$

1,545.98 s
20%
$

4,637.95

105,427.25

lANDSCAPE SCOPE

Re qu m,ting Pr lt c from Con tractor

. .

Mowing	Yes

Num lle r of App lic a tion s; or Hours
33

$

299.30

s

s

883.58
5,650.47

35.00

35.00 $

$

1

Yes

Soil THtin.r.

4,794.15

399.51 $

$

Month

12

Yes

lrrigation/Wa ter ln Ma1ntena nce/ Re airs

3,798.32

$

158 .26

$

24

Yes

In se ct Pest Control -tnd Ant Killer

3 889.11

$

125.46

$

31

Yes

11,460.00

$

5,730,00

$

2

Ves

1

General Clean Up Power Dlo wlng and Utter Pickup

P1unfo,: - Trees - Palm Trees

22,601.88

$

4

v.,

P1unin1 - Hedging Shrubs

888.58

$

l

v.,

P,u nin1 - Ha rd Pruni ng of allSh rub s an d ere e M rt les - Oec.-fe b,

25,731 .17

$

8,577.06

$

3

Yes

Mutch Ing - Pina Straw and Brown Mulc.h

1,537.59

$

128,13

$

12

Yes

Weed Control (Chemical • Par li:lng Lot

5,131.09

s

427.59

$

Appllct1tlonlsl

12

Ye•

Weed Con tro l Chemical • Shrub Be ds and Planters

2,065.31

$

17 2.11

s

12

Ye•

Weed Control Chemical • Turf

496.27

124.07 $

s

4

Yes

Fert ilization • Shrub Bed s and Plante rs

4,463 .56

1,115 . 89 $

s

4

Ye,

feslll rzali on - Trees

1,150.11

$

287.53

$

4

v..

Fertilization-Turf

2,870.28

$

86.98

$

33

y.,

Edc:ing

9,876 . 88

s

;/  :s'MiNiii\i! io'tos·t;,-€0c

f'fer P.lrk.CpD-     Ge·ne;a1·Ate&S-/  •-.-=.:  \  .::_ ;- .:.\:\\_;"-;_! ;-:_::	,·:-_i  -._::  .-   -:= ):.::FJ 		ons; 	:\ 	;;-::_:.;=:-=	:--: .:;	:.:):-,'-\,-;:-:	
Cont ractor Name:	Rotolo Consulhmti., Inc.	
Contr act or Instructions:	Contractors, Input your data ln to coCumn e	

Property ,ln tructions	Se:Ject whic h acUvtties are In scope for your bid  by H rectin g YES In column e . Enter In Column C the number of appflcatlons andlor hour, you desire to
'contract for each Activity.	
Total ProproHI Co,t	S	120,029.28	

	
1. Core aerat ion orturf area s:	Yes		A£E_licalion fs ;	98 2.77    $	982.77
432.01   $	1,728.05	
2 .	Tree sprayl!l& ( Jnchwoun	lnsed ldde) :	Yes		Appllcallon(s:		
3. Tree sprayhtl ( Dormant Jnsed lclde J:	y.,			AppUatlon[s)	215.16    $	860.63
 s	
 s	1  ◄00.00 
$	9.630.57	
4. Hourly Ral e for Water Trude.:	Not fnSco_e_e				
5, Manual Waterlnll labor(lndudinc hose s}:	Yes	40			
6. fn:s;tallalion of mulch for tree and shrub bed s;	Ves				
				
{		
   ff 	
f		
602i02	

Pier Park CDD - Aaron Bessant Park and Beach Front Improvements	Instructions	* Aaron Bessant Park areas have been removed	
Contractor Name:	Rotolo Consultants, Inc.		
Contractor Instructions:	Contractors, input your data into column E		

Property Instructions:	Select which activities are in scope for your bid by selecting YES in column B. Enter in Column C the number of applications and or hours you desire to contract for each activity.		
Total Proposal Cost	$	25,776.11		

LANDSCAPE SCOPE	Requesting Price from Contractor	Number of Applications or Hours	UOM	Per Application Rate	ANNUAL BID COST	
Mowing	Yes	33	Application(s)	$	77.99	$	2,573.67	
Edging	Yes	33	Application(s)	$	22.67	$	748.11	

Fertilization - Turf	
Yes	
4	
Application(s)	
$	
74.92	
$	
299.68	

Fertilization - Trees	
Yes	
4	
Application(s)	
$	
344.11	
$	
1,376.44	

Fertilization - Shrub Beds and Planters	
Yes	
4	
Application(s)	
$	
31.69	
$	
126.76	
Weed Control (Chemical) - Turf	Yes	12	Application(s)	$	44.85	$	538.20	

Weed Control (Chemical) - Shrub Beds and Planters	
Yes	
12	
Application(s)	
$	
109.20	
$	
1,310.40	

Weed Control (Chemical) - Parking Lot	
Yes	
12	
Application(s)	
$	
-	
$	
-	
Mulching - Pine Straw and Brown Mulch	Yes	3	Application(s)	$	1,096.14	$	3,288.42	
Pruning - Hard Pruning of all Shrubs and Crepe Myrtles - Dec.-Feb.	Yes	1	Application(s)	$	274.02	$	274.02	
Pruning - Hedging Shrubs	Yes	4	Application(s)	$	1,443.03	$	5,772.12	
Pruning - Trees - Palm Trees	Yes	2	Application(s)	$	1,767.00	$	3,534.00	

General Clean Up, Power Blowing and Litter Pickup	

Yes	

31	

Monthly	

$	

32.69	

$	

1,013.39	
Insect Pest Control and Ant Killer	Yes	24	Application(s)	$	40.83	$	979.92	
Irrigation/Watering/Maintenance/Repairs	Yes	12	Monthly	$	92.56	$	1,110.72	
Soil Testing	Yes	1	Application(s)	$	10.79	$	10.79	
Plant Replacement/Management and Replacement of Annuals	Yes	3	Application(s)	$	34.24	$	102.72	
% Mark Up on Plant and Material Used				20%		
	Total	$	23,059.36	

Additional work requiring labor will be charged at the following rates:	Requesting Price from Contractor	Number of Applications or Hours		Rate/Hour or Application	Total Cost	
1. Core aeration of turf areas:	Yes	1	Application(s)	$	256.09	$	256.09	
2. Tree spraying (Inchworm Insecticide):	Yes	4	Application(s)	$	133.22	$	532.88	
3. Tree spraying (Dormant Insecticide):	Yes	4	Application(s)	$	66.35	$	265.40	
4. Hourly Rate for Water Truck:	Not in Scope	0		$	-	$	-	
5. Manual Watering Labor (including hoses):	Yes	40	Monthly	$	10.79	$	431.60	
6. Installation of mulch for tree and shrub beds:	Yes	1	Application(s)	$	1,230.78	$	1,230.78	
		
	Total	$	2,716.75	

TIME AND MATERIALS WORKSHEET

	

	

Date Location Market Job Name

Job Number

Item	Quantity	Straight	Overtime	Hourly Rate	Overtime Rate	Billable Amount	
General Labor				$	35.00	$	52.50	$	
Driver				$	40.00	$	60.00	$	
Landscape Foreman				$	45.00	$	67.50	$	
Equipment Operator				$	45.00	$	67.50	$	
Project Superintendent				$	65.00	$	97.50	$	
Irrigat ion Tech				$	75.00	$	112.50	$	
Project Manager				$	75.00	$	112.50	$	
Str ing Trimmer/ Edg er/ Blower				$	7.50		$	
21" Mower				$	10.00		$	
Zero -Tu rn Mower				$	17.50		$	
Spray Unit				$	20.00		$	
Mini-excavator				$	35.00		$	
Chipper				$	30.00		$	
SK 750 Ditch Witch				$	35.00		$	
Skid Steer wit h Attachments				$	40.00		$	
For d F750 Dump Truck				$	40.00		$	
Ford F450 Medium Truck				$	35.00		$	
F-Series Medium Truck				$	25.00		$	
1000 Gall on Water Buff alo				$	25.00		$	
Pla t e Compactor				$	15.00		$	
Sod Cutter				$	15.00		$	
Tiller				$	15.00		$	
AG Tractor				$	40.00		$	
					Total	$	
Misc items							
Item	Quantity	Straight	Overtime	Hourly Rate	Overtime Rate	Billable Amount	
						$	

Total	

$	
					
Total Daily	
$	

Item	Net Price	:	
	
14 AWG Wire per foot	$0.12	
16 AWG Wire per foot	$0.09	
45--1"	$0.88	
45--1/2"	$0.47	
45--1-1/2''	$1.55	
45--1-1/4"	$1.31	
45--2"	$2.14	
45--2-1/2"	$5.57	
45--3"	$8.64	
45--3/4"	$0.78	
9 Volt Battery	$3.71	
90--1"	$0.47	
90-1" X 1/2" RED SOC X FIPT	$1.17	
90--1/2"	$0.28	
90-1-1/2"	$0.84	
90-1-1/4"	$1.01	
90--2"	$1.72	
90-2-1/2"	$5.56	
90-3"	$6.65	
90--3/4"	$0.26	
90--3/4" X 1/2" RED SOC X FIPT	$0.42	
90--4"	$11.88	
Backflow--1" PVB-Febco	$85.25	
Backflow--1" RPZ-Wilkens	$357.63	
Backflow-1-1/2" PVB-Febco	$366.70	
Backflow--1-1/2" RPZ-Wilkens	$676.25	
Backflow--2" PVB-Febco	$460.38	
Backflow--2" RPZ-Wilkens	$700.52	
Backflow--3/4"	$77.12	
Blaze Wire Connectors	$1.09	
Bubbler--Rainbird Full Circle w/screen	$0.85	
Cap--1"	$0.50	
Cap--1/2"	$0.25	
Cap--1-1/2"	$0.73	
Cap--1-1/4"	$0.67	
Cap-2"	$0.88	
Cap-2-1/2"	$2.81	
Cap--3"	$3.08	
Cap--3/4"	$0.32	
Cap--4"	$7.42	
Controller Power Cord 6'	$6.29	
Controller--Hunter Node 1 Station	$125.55	
Controller--Hunter Node 2 Station	$163.91	
Controller--Hunter Node 4 Station	$198.79	
Controller--Rainbird ESP-4ME Indoor	$99.75	
Controller--Rainbird ESP-4ME Outdoor	$123.26	
Controller--Rainbird ESP-LX	$306.38	
Copper--Gas/Solder	$25.00	
Copper--3/4" 90	$1.95	
Copper--3/4" Coupling	$1.44	

Copper--3/4" Male Adapter	$3.05	
Copper--3/4" Female Adapter	$4.34	
Copper--3/4" Pipe 20 ft	$66.30	
Copper--1" 90	$5.22	
Copper--1" Coupling	$2.87	
Copper--1" Female Adapter	$9.62	
Copper--1" Male Adapter	$11.16	
Copper--1" Pipe 20 ft	$97.80	
Copper--1-1/2" 90	$13.64	
Copper--1-1/2" Coupling	$7.49	
Copper--1-1/2" Female Adapter	$16.19	
Copper--1-1/2" Male Adapter	$25.31	
Copper--1-1/2" Pipe 20 ft	$180.90	
Copper--2" 90	$21.99	
Copper--2" Coupling	$12.48	
Copper--2" Female Adapter	$24.29	
Copper-2" Male Adapter	$27.75	
Copper-2" Pipe 20 ft	$283.50	
Coupling--1 1/2"	$0.67	
Coupling-1 1/4"	$0.63	
Coupling-1"	$0.47	
Coupling-1/2"	$0.19	
Coupling--1/2" FIPT	$0.35	
Coupling--2 1/2"	$2.27	
Coupling--2"	$1.08	
Coupling--3"	$3.77	
Coupling--3/4"	$0.25	
Coupling--3/4" FIPT	$0.67	
Coupling--4"	$5.46	
Coupling--SCH 40 1/2" TXT	$0.32	
Coupling--SCH 80 1/2" TXT	$2.51	
Decoder--lCD 100 1 Station ACC	$118.58	
Decoder--lCD 200 2 Station ACC	$198.79	
Decoder--Rainbird 2 Station	$212.33	
Decoder--Rainbird 4 Station	$292.13	
Decoder--Rainbird 6 Station	$466.69	
Decoder--Rainbird Single Station	$104.74	
Drip--Fitting	$0.30	
Drip-Netafim Tubing (Brown) per foot	$0.39	
Drip--Staples	$0.08	
EII--Male  1" X 1/2"	$2.09	
EII--Male 1" X 3/4"	$2.08	
Ell-Male 1/2"	$0.63	
Ell-Male 1-1/4'' X 1"	$1.64	
EII--Male 3/4" X 1/2"	$0.89	
EII--Male 3/4"X 1/2" MIPT	$0.89	
EII--Male to Female 1"	$2.24	
Extention--Rainbird 1800 6"	$2.49	
Fault Location	$60.00	
Female Adapter--1"	$0.47	
Glue/Primer	$8.00	
HDPE--1/2" Marlex Connector	$0.32	

HPDE--1" Marlex Connector	$2.24	
HPDE--3/4" Marlex Connector	$1.06	
Lid--1O" Universal Lid	$10.27	
Lid--6" Universal Lid	$6.37	
Male Adapter--1"	$0.52	
Male Adapter--1" X 1-1/4"	$1.72	
Male Adapter--1/2"	$0.25	
Male Adapter--1-1/2"	$0.84	
Male Adapter--1-1/2" X 2"	$2.48	
Male Adapter--1-1/4"	$0.63	
Male Adapter--2"	$1.10	
Male Adapter-2-1/2"	$3.26	
Male Adapter--3"	$5.05	
Male Adapter--3/4"	$0.28	
Micro Spray--6 Outlet Manifold	$4.73	
Micro Spray--Rainbird 12"	$0.36	
Module--Rainbird ESP-4ME 3 Station	$38.15	
Module--Rainbird ESP-4ME 6 Station	$70.18	
Module--Rainbird ESPLX 12 Station	$153.90	
Module--Rainbird ESPLX 4 Station	$49.88	
Module--Rainbird ESPLX 8 Station	$104.03	
Multi Strand Wire per foot	$0.39	
Nozzle	$0.85	
Nozzle--Hunter MP Rotator	$7.50	
Pop-up--Hunter 12" PRO	$9.42	
Pop-up--Hunter 4" PRO	$1.71	
Pop-up--Hunter 6" PRO	$6.14	
Pop-up--Rainbird 1804	$1.59	
Pop-up--Rainbird 1804 SAM-PRS	$6.06	
Pop-up--Rainbird 1806	$5.88	
Pop-up--Rainbird 1806 SAM-PRS	$14.43	
Pop-up--Rainbird 1812	$9.44	
Pop-up--Rainbird 1812 SAM-PRS	$17.28	
PVC--Class 1" per foot	$0.22	
PVC--Class 1-1/2" per foot	$0.46	
PVC--Class 1-1/4" per foot	$0.35	
PVC--Class 2" per foot	$0.73	
PVC--Class 2-1/2" per foot	$1.08	
PVC--Class 3" per foot	$1.57	
PVC--Class 3/4" per foot	$0.16	
PVC--Class 4" per foot	$1.76	
PVC--SCH 40 1" per foot	$0.46	
PVC--SCH 40 1/2" per foot	$0.23	
PVC--SCH 40 1-1/2" per foot	$0.72	
PVC--SCH 40 1-1/4" per foot	$0.60	
PVC--SCH 40 2" per foot	$0.98	
PVC--SCH 40 2-1/2" per foot	$1.61	
PVC--SCH 40 3" per foot	$1.91	
PVC--SCH 40 3/4" per foot	$0.31	
PVC--SCH 40 4" per foot	$2.72	
Quick Coupler Key--1"	$68.40	
Quick Coupler Kev--3/4"	$28.50	

Slipfix--4"	$47.43	
Soil	$0.00	
Solenoid--Hunter	$9.07	
Solenoid-Hunter DC	$22.32	
Solenoid--Rainbird DC	$29.93	
Solenoid-Rainbird DV	$11.64	
Solenoid--Rainbird PGA/PEB	$35.04	
Solenoid--Rainbird TBOS D/C	$29.93	
Splice Kit-DryCon DBY/R	$2.78	
Swing Joint-1/2"x 1/2"x 3/4"	$1.74	
Tee--1"	$0.62	
Tee--1/2"	$0.36	
Tee--1-1/2"	$1.18	
Tee-1-1/4"	$1.20	
Tee-2"	$2.25	
Tee-2-1/2"	$7.42	
Tee--3"	$9.75	
Tee--3/4"	$0.33	
Tee--4"	$16.64	
Tubing-1/2" Flex per foot	$0.25	
Tubing--1/4" Emitter	$2.08	
Tubing--1/4" Fitting	$0.10	
Tubing-1/4" Flex per foot	$0.07	
Union--1"	$7.64	
Union--1-1/2"	$13.40	
Union--2"	$16.45	
Valve Box--Jumbo	$54.47	
Valve Box--NDS 10 " Round	$12.98	
Valve Box--NDS 12" Rectangular	$26.02	
Valve Box--NDS 6" Round	$3.64	
Valve Location	$40.00	
Valve--Drip 1" XCF-LF 100-PRF	$70.58	
Valve--Rainbird 1" ASVF w/Atmospheric Backflow	$62.00	
Valve--Rainbird 1" DV	$17.10	
Valve--Rainbird 1" DVF	$18.17	
Valve--Rainbird 1" PEB	$78.55	
Valve--Rainbird 1" PGA	$18.70	
Valve--Rainbird 1-1/2" PEB	$104.74	
Valve--Rainbird 1-1/2" PGA	$63.59	
Valve--Rainbird 2" PEB	$123.40	
Valve--Rainbird 2" PGA	$86.03	
Xeri Spray--360 Adjustable	$2.08	
Xeri Spray--XFD-TFA-075	$0.78	
Xeri Spray--XFF MA-50	$0.60	
Xeri Spray--XFF MA-75	$0.63	
Xeri Spray--XS 090	$2.08	
Xeri Spray--XS 180	$2.08	
Xeri Spray--XS 360	$2.08	
Xeri Spray--XS-360TS-SPYK	$1.35	
Misc--Fittings per Zone	$35.00	
Misc--lrrigation Zone including Labor	$1,600.00	

Quick Coupler Valve--1"	$83.64	
Quick Coupler Valve--3/4"	$43.50	
Rain/Freeze Sensor-Rainbird Wireless RSD-BEX	$66.26	
Reducer Building--3" X 2"	$3.05	
Reducer Bushing--1" X 1/2"	$0.55	
Reducer Bushing--1" X 3/4"	$0.48	
Reducer Bushing--1" X 3/4" SPIG	$0.77	
Reducer Bushing-1-1/2" x 1"	$0.78	
Reducer Bushing--1-1/2" X 1" SPIG	$1.35	
Reducer Bushing--1-1/2" X 1-1/4"	$0.67	
Reducer Bushing--1-1/4" X 1"	$0.73	
Reducer Bushing--1-1/4" X 1/2"	$0.73	
Reducer Bushing--2" X 1-1/2"	$1.27	
Reducer Bushing--2" X 1-1/4"	$1.27	
Reducer Bushing--2-1/2" X 2"	$2.06	
Reducer Bushing-3" X 2-1/2"	$3.05	
Reducer Bushing--3/4" X 1/2"	$0.28	
Reducer Tee--1" X 1/2"	$0.81	
Reducer Tee-1" X 3/4"	$0.88	
Reducer Tee-1" X 3/4" FIPT	$1.35	
ReducerTee-1-1/2" X 1"	$2.31	
Reducer Tee-1-1/2" X 1/2"	$2.31	
Reducer Tee-1-1/4" X 1/2"	$1.32	
Reducer Tee-2" X 1" FIPT	$3.76	
Reducer Tee--2" X 1/2"	$2.27	
Reducer Tee- 3" X 1-1/2"	$10.61	
Reducer Tee--3/4" X 1/2"	$0.50	
Riser--1/2" Cl	$0.16	
Riser--3/4" Cl	$0.24	
Riser--Poly Cut Off 1/2" X 3"	$0.66	
Riser--Poly Cut Off 3/4" X 4"	$0.58	
Riser--SCH 80 1/2 "X 30"	$2.98	
Riser--SCH 80 1/2" X 18"	$1.77	
Riser-SCH 80 1/2" X 12"	$0.95	
Riser-SCH 80 1/2" X 24"	$2.11	
Riser-SCH 80 1/2" X 6"	$0.66	
Rotor-Falcon 6504	$35.63	
Rotor--Hunter 12" PGP	$29.99	
Rotor-Hunter 4" PGP	$14.65	
Rotor--Rainbird 5004	$9.08	
Rotor-Rainbird 5012	$22.44	
Rotor--Rainbird 5505	$16.03	
Rotor-Rainbird 8005	$59.49	
Shrub Adapter--RainbirdPA-8-S	$1.25	
Slipfix--1"	$5.41	
Slipfix--1/2"	$4.30	
Slipfix--1-1/2"	$11.42	
Slipfix--1-1/4"	$10.53	
Slipfix--2"	$16.74	
Slipfix--2-1/2"	$25.10	
Slipfix--3"	$27.98	
Slipfix--3/4"	$4.81	

Tab 9