Feed Mill
Community Development District

Board of Supervisors’ Meeting
August 26, 2026
District Office: 2806 N. Fifth Street Unit 403
St. Augustine, FL 32084

www.feedmillcdd.org

FEED MILL
COMMUNITY DEVELOPMENT DISTRICT

1845 Town Center Blvd, Suite 105, Fleming Island, FL 32003

Board of Supervisors

Daniel McCormick Daniel Arnette Gerald Agresti Clay Crevasse Liam O’Reilly

Chairman Vice Chairman
Assistant Secretary Assistant Secretary Assistant Secretary

District Manager District Manager

Lesley Gallagher Melissa Dobbins

Rizzetta & Company, Inc. Rizzetta & Company, Inc.

District Counsel

Katie Buchanan

Kutak Rock, LLP

District Engineer

Daniel Welch

England-Thims & Miller

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

The Audience Comments portion will be held at the beginning of the meeting. During this portion of the agenda, audience members may make comments on matters that concern the District (CDD) and will be limited to a total of three (3) minutes to make their comments.

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 (239) 936-0913. 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.

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

District Office · St. Augustine, Florida · (904) 436-6270
Mailing Address – 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614 www.feedmillcdd.org

Board of Supervisors Feed Mill Community Development District

August 19, 2026 Rev. 08/24/2026

REVISED FINAL AGENDA

Dear Board Members:

The regular meeting of the Board of Supervisors of the Feed Mill Community Development District will be held on August 26, 2026 at 9:00 a.m. at 1845 Town Center Blvd., Suite 105 Fleming Island, Florida 32003.

1.
2.
3.

CALL TO ORDER/ROLL CALL AUDIENCE COMMENTS BUSINESS ADMINISTRATION

A.

Consideration of the Minutes of the Board of Supervisors’ Regular
Meeting Held July 22, 2026	Tab 1
Ratification of the Operation and Maintenance Expenditures
for June 2026	Tab 2
Ratification of Phase 1A - Vallencourt Public Change Order #6

B.

C.

(under separate cover)

4.

Staff Reports

District Counsel
District Engineer
District Manager

5.

Business Items

A.

Consideration of Resolution 2026-08, Adopting Fiscal Year
2026-2027 Meeting Dates	Tab 3
Consideration of ELM Construction Administration and
Observation Services Agreement	Tab 4
Public Hearing on Fiscal Year 2025-2026 Budget
1) Consideration of Resolution 2026-09, Adopting
Fiscal Year 2026-2027 Budget	Tab 5
Public Hearing on Special Assessments
1) Consideration of Resolution 2026-10, Imposing Special
Assessments Fiscal Year 2026-2027	Tab 6
Consideration of Fiscal Year 2026-2027 Budget Deficit Funding Agreement	Tab 7
Public Hearing on Revised Rules of Procedure
1) Consideration of Resolution 2026-11; Adopting Revised
Rules of Procedure	Tab 8
Acceptance of Rizzetta & Company Addendums for Professional District

B.

C.

D.

E.

F.

G.

Services & Technology Services	Tab 9

H. Consideration of Pond Maintenance Proposals	Tab 10
I.	Consideration of License Agreement to Perform Lake

Maintenance – Saratoga Sagebrooke	Tab 11

4927-6268-9551.1

6.
7.

Supervisor Requests Adjournment
We look forward to seeing you at the meeting. In the meantime, if you have any

questions, please do not hesitate to call us at 904-436-6270.

Lesley Gallagher
District Manager

4927-6268-9551.1

Tab 1

FEED MILL COMMUNITY DEVELOPMENT DISTRICT
July 22, 2026 Minutes of Meeting
Page 1

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MINUTES OF MEETING

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.

FEED MILL
COMMUNITY DEVELOPMENT DISTRICT

The meeting of the Board of Supervisors of Feed Mill Community Development District was held on July 22, 2026 at 9:00 a.m. at 1845 Town Center Blvd, Suite 105, Fleming Island, FL 32003.

Present and constituting a quorum:

Daniel McCormick Clay Crevasse Liam O’Reilly

Board Member, Chairman
Board Member, Assistant Secretary Board Member, Assistant Secretary

Also present were:

Lesley Gallagher Hunter Hurley Daniel Welch

District Manager, Rizzetta & Company, Inc. District Counsel, Kutak Rock LLP
District Engineer, England-Thims & Miller (via speakerphone)

Audience members were present.

FIRST ORDER OF BUSINESS

CALL TO ORDER

Ms. Gallagher called the meeting to order at 9:04 a.m.

SECOND ORDER OF BUSINESS

AUDIENCE COMMENTS

There were no comments from audience members who were present.

THIRD ORDER OF BUSINESS

CONSIDERATION OF THE MINUTES OF THE BOARD OF SUPERVISORS’ REGULAR MEETING HELD
MAY 27, 2026

46
47

On a motion by Mr. McCormick, seconded by Mr. O’Reilly, with all in favor, the Board approved the minutes of the Board of Supervisors’ regular meeting held May 27, 2026, for the Feed Mill Community Development District.

FEED MILL COMMUNITY DEVELOPMENT DISTRICT
July 22, 2026 Minutes of Meeting
Page 2

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FOURTH ORDER OF BUSINESS

RATIFICATION OF THE OPERATION AND MAINTENANCE EXPENDITURES FOR MAY 2026

54
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FIFTH ORDER OF BUSINESS

RATIFICATION OF ACCEPTANCE OF AUDIT FOR FISCAL YEAR ENDING SEPTEMBER 30, 2025

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SIXTH ORDER OF BUSINESS

STAFF REPORTS

A.

District Counsel

Mr. Hurley did not have a report but was available for any questions.

B.

District Engineer

Mr. Welch provided a construction update and was available for any questions.

C.

District Manager

Ms. Gallagher noted the next meeting is on August 26, 2026 and the public hearing on the Fiscal Year 2026/2027 budget will be held at this meeting. Ms. Gallagher also noted that she will be working on a build-out budget for Feed Mill Community Development District.

SEVENTH ORDER OF BUSINESS

RATIFICATION OF RFQ FOR CONSTRUCTION AMINISTRATION & OBSERVATION SERVICES

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On a motion by Mr. McCormick, seconded by Mr. O’Reilly, with all in favor, the Board ratified the RFQ for Construction Administration & Observation Services for the Feed Mill Community Development District.

On a motion by Mr. McCormick, seconded by Mr. O’Reilly, with all in favor, the Board ratified the acceptance of the Financial Audit for Period Ending September 30, 2025 for the Feed Mill Community Development District.

On a motion by Mr. McCormick, seconded by Mr. O’Reilly, with all in favor, the Board ratified operation and maintenance expenditures for May 2026 in the amount of $4,938.45 for the Feed Mill Community Development District.

FEED MILL COMMUNITY DEVELOPMENT DISTRICT
July 22, 2026 Minutes of Meeting
Page 3

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EIGHTH ORDER OF BUSINESS

CONSIDERATION OF RESPONSES TO RFQ FOR CONSTRUCTION ADMINISTRATION AND OBSERVATION SERVICES (UNDER SEPARATE COVER)

Mr. McCormick noted that only one response was received from ELM in response to this RFQ and recommended awarding the maximum score of 90 points.

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NINTH ORDER OF BUSINESS

CONSIDERATION OF CONSTRUCTION FUNDING AGREEMENT

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TENTH ORDER OF BUSINESS

CONSIDERATION OF ARBITRAGE SERVICES PROPOSAL

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ELEVENTH ORDER OF BUSINESS

RATIFICATION OF DISCLOSURE OF PUBLIC FINANCING – SERIES 2026

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TWELFTH ORDER OF BUSINESS

RATIFICATION OF CHANGE ORDERS – SUNSTATE CO#1, VALLENCOURT 4A CO #6 (UNDER SEPARATE COVER)

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On a motion by Mr. McCormick, seconded by Mr. Crevasse, with all in favor, the Board ratified the Change Orders for Sunstate CO#1 and Vallencourt 4A CO #6 for the Feed Mill Community Development District.

On a motion by Mr. McCormick, seconded by Mr. O’Reilly, with all in favor, the Board ratified the Disclosure of Public Financing – Series 2026, for the Feed Mill Community Development District.

On a motion by Mr. McCormick, seconded by Mr. Crevasse, with all in favor, the Board approved the proposal from Arbitrage Rebate Counselors, LLC for three years at $400 per year for Arbitrage Services, for the Feed Mill Community Development District.

On a motion by Mr. McCormick, seconded by Mr. Crevasse, with all in favor, the Board approved the construction funding agreement in substantial form, for the Feed Mill Community Development District.

On a motion by Mr. McCormick, seconded by Mr. Crevasse, with all in favor, the Board approved ELM based on qualifications for the Feed Mill Community Development District.

FEED MILL COMMUNITY DEVELOPMENT DISTRICT
July 22, 2026 Minutes of Meeting
Page 4

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THIRTEENTH ORDER OF BUSINESS

CONSIDERATION OF SUNSTATE LANDSCAPE MAINTENANCE AGREEMENT FOR CATHEDRAL OAK PARKWAY (UNDER SEPARATE COVER)

Mr. McCormick provided background on this item and the interlocal agreement with Clay County.

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SUPERVISOR REQUESTS

No Supervisor requests

FOURTEENTH ORDER OF BUSINESS

ADJOURNMENT

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On a motion by Mr. O’Reilly, seconded by Mr. McCormick, with all in favor, the Board adjourned meeting at 9:11 a.m., for the Feed Mill Community Development District.

On a motion by Mr. McCormick, seconded by Mr. Crevasse with all in favor, the Board approved the Sunstate Landscape Maintenance Agreement for Cathedral Oak Parkway, for the Feed Mill Community Development District.

FEED MILL COMMUNITY DEVELOPMENT DISTRICT
July 22, 2026 Minutes of Meeting
Page 5

Secretary/Assistant Secretary

Chairman/Vice Chairman

Tab 2

Feed Mill Community Development District
District Office · St. Augustine, Florida · (904) 436-6270
Mailing Address · 3434 Colwell Avenue, Suite 200 · Tampa, Florida 33614

Operations and Maintenance Expenditures
June 2026
For Board Approval

Attached please find the check register listing the Operation and Maintenance expenditures paid from June 1, 2026 through June 30, 2026. This does not include expenditures previously approved by the Board.

The total items being presented:

$7,930.90

Approval of Expenditures:

	 Chairperson

	 Vice Chairperson

	 Assistant Secretary

Feed Mill Community Development District
Paid Operation & Maintenance Expenditures

June 1, 2026 Through June 30, 2026

Vendor Name	 Check Number  Invoice Number	 Invoice Description	  Invoice Amount	

Clay County Utility Authority

20260626-1

A00121271-062326 ACH

Initial Connection 06/26

$

232.45

Clay Today

300086

2026-316116

Legal Advertising 06/26

$

63.45

Clayton Crevasse, Jr.

300083

CC05272026

Board of Supervisors Meeting 05/27/2026

$

200.00

Daniel Arnette

300084

DA05272026

Board of Supervisors Meeting 05/27/2026

$

200.00

Daniel Edwin McCormick

300085

DM05272026

Board of Supervisor Meeting 05/27/2026

$

200.00

England, Thims & Miller, Inc.
England, Thims & Miller,
Inc.
England, Thims & Miller, Inc.
England, Thims & Miller,
Inc.
Rizzetta & Company, Inc.

300082

224514

Engineering Services 02/26

$

838.75

300082

224958

Engineering Services 03/26

$

610.00

300082

225429

Engineering Services 04/26

$

305.00

300082

225988

Engineering Services 05/26

$

1,181.25

300081

INV0000109982

Administrative Services 06/26

$	4,100.00

Total

$	7,930.90

Tab 3

RESOLUTION 2026-08

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FEED MILL COMMUNITY DEVELOPMENT DISTRICT DESIGNATING DATES, TIME AND LOCATION FOR REGULAR MEETINGS OF THE BOARD OF SUPERVISORS OF THE DISTRICT, FOR FISCAL YEAR 2026/2027, AND PROVIDING FOR AN EFFECTIVE DATE

WHEREAS, Feed Mill Community Development District (hereinafter the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 190, Florida Statutes, being situated entirely within the Clay County, Florida; and

WHEREAS, the District’s Board of Supervisors (hereinafter the “Board”) is statutorily authorized to exercise the powers granted to the District; and

WHEREAS, all meetings of the Board shall be open to the public and governed by the provisions of Chapter 286, Florida Statutes; and

WHEREAS, the Board is statutorily required to file annually, with the local governing authority or authorities a schedule of its regular meetings; and

WHEREAS, the District is required by Florida law to prepare an annual schedule of its regular public meetings which designates the date, time, and location of the District’s meetings.

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

1.

The Fiscal Year 2026/2027 annual public meeting schedule attached hereto

and incorporated by reference herein as Exhibit A is hereby approved and will be published and filed in accordance with Section 189.015(1), Florida Statutes.

2.

This Resolution shall become effective immediately upon its adoption.

PASSED AND ADOPTED THIS 26th DAY OF August, 2026.

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

CHAIRMAN / VICE CHAIRMAN

ATTEST:

SECRETARY / ASST. SECRETARY

EXHIBIT “A”

BOARD OF SUPERVISORS MEETING DATES FEED MILL COMMUNITY DEVELOPMENT DISTRICT
FISCAL YEAR 2026/2027

October 28, 2026
January 27, 2027
February 24, 2027
March 24, 2027
April 28, 2027
May 26, 2027
June 23, 2027
July 28, 2027
August 25, 2027
September 22, 2027

All meetings will convene at 9:00 a.m.

and will be held at 	
.

Tab 4

AGREEMENT BETWEEN THE FEED MILL COMMUNITY DEVELOPMENT DISTRICT AND ELM, INC. FOR CONSTRUCTION ADMINISTRATION & OBSERVATION SERVICES

[Saratoga Springs Phase 1 Amenity Center]

THIS AGREEMENT made and entered into this 	 day of 	, 2026, by and between:

FEED MILL COMMUNITY DEVELOPMENT DISTRICT, a local unit of
special-purpose government established pursuant to Chapter 190, Florida Statutes, as amended, and located in Clay County, Florida (“District”); and

ELM INC., a Florida corporation with a mailing address of 1301 Riverplace Boulevard, Suite 1818, Jacksonville, Florida 32207 (“Professional”).

RECITALS

WHEREAS, the District is a local unit of special-purpose government established and existing pursuant to Chapter 190, Florida Statutes, and located in Clay County, Florida; and

WHEREAS, the District is authorized to plan, finance, construct, install, acquire and/or maintain improvements, facilities and services in conjunction with the development of the lands within the District; and

WHEREAS, pursuant to Chapter 190, Florida Statutes, and Section 287.055, Florida Statutes, the District solicited proposals from qualified firms to provide construction administration & observation services for the Saratoga Springs Phase 1 Amenity Center construction project (“Project”); and

WHEREAS, Professional submitted a proposal to serve in this capacity; and

WHEREAS, the District's Board of Supervisors ranked Professional as the most qualified firm to provide construction administration & observation services for the District and authorized the negotiation of a contract pursuant to Section 287.055, Florida Statutes; and

WHEREAS, the District intends to employ Professional to perform construction administration & observation services in connection with the construction of the Project; and

WHEREAS, the Professional shall serve as District’s representative for the Project and will give consultation and advice to the District during performance of these services.

NOW, THEREFORE, for and in consideration of the mutual covenants herein contained, the acts and deeds to be performed by the parties and the payments by the District to Professional of the sums of money herein specified, it is mutually covenanted and agreed as follows:

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SECTION 1. SCOPE OF SERVICES

The Professional will provide construction administrative and observation services, as more particularly described in Exhibit A, to ensure that any work conducted pursuant to the contract listed below is consistent with plans owned by the District:

(i) Standard Form of Agreement Between Owner and Contractor by and between Feed Mill Community Development District and Carlton Construction, Inc. dated August 7, 2026.

SECTION 2. METHOD OF AUTHORIZATION. Each service not listed on Exhibit A shall be authorized in writing by the District. The written authorization shall be incorporated in a work authorization which shall include the scope of work, compensation, project schedule, and special provisions or conditions specific to the additional service being authorized (“Work Authorization”) in substantially the form attached hereto as Exhibit B. Authorization of additional services shall be at the sole option of the District.

SECTION 3. COMPENSATION. It is understood and agreed that the payment of compensation for services under this contract shall be on a time and materials basis, not to exceed Ninety Three Thousand Five Hundred Dollars and No Cents ($93,500.00), based on the hourly compensation rates outlined in Exhibit C. Invoices shall be submitted monthly and shall include a description of services performed, the hours expended, and the applicable hourly rate for each individual performing services. Reimbursable expenses shall be invoiced at cost. The Professional shall 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. The price for any Work Authorization, and any additions thereto, will be adjusted to exclude any significant sums by which the District determines the Work Authorization was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs. All such adjustments must be made within 1 year following the completion of the work contemplated by the not-to-exceed Work Authorization. For additional services where the scope of services is not clearly defined or recurring services or other projects where the District desires the use of hourly compensation, the hourly compensation rates outlined in Exhibit C are applicable. The District and Professional may agree to a “not to exceed” amount when utilizing hourly compensation rates for a specific work authorization. Hourly Personnel Rates shall be subject to an annual increase upon the mutual agreement of both parties.

SECTION 4. REIMBURSABLE EXPENSES. Reimbursable expenses consist of actual expenditures made by Professional, its employees, or its consultants in the interest of the Project for the incidental expenses as listed as follows:

A.

Expenses of transportation and living when traveling in connection with the Project,

for long distance phone calls, and fees paid for securing approval of authorities having jurisdiction over the Project. All expenditures shall be made in accordance with Chapter 112, Florida Statutes, and with the District’s travel policy.

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B.

Expense of reproduction, postage and handling of drawings and specifications.

SECTION 5. TERM OF CONTRACT. It is understood and agreed that the term of this contract will be from the time of execution of this contract by the parties until terminated in accordance with its terms.

SECTION 6. SPECIAL CONSULTANTS. When authorized in writing by the District, additional special consulting services may be utilized by Professional and paid for on a cost basis.

SECTION 7. BOOKS AND RECORDS. Professional shall maintain comprehensive books and records relating to any services performed under this Agreement, which shall be retained by Professional for a period of at least four (4) years from and after completion of any services hereunder, or such further time as required under Florida public records law. Any accounting records pertaining to the services provided hereunder shall be kept on a basis of generally accepted accounting principles. The District, or its authorized representative, shall have the right to audit such books and records at all reasonable times upon prior notice to Professional.

SECTION 8. OWNERSHIP OF DOCUMENTS.

A.

All rights in and title to all plans, drawings, specifications, ideas, concepts, designs,

sketches, models, programs, software, creation, inventions, reports, or other tangible work product originally developed by Professional pursuant to this Agreement (“Work

Product”) shall be and remain the sole and exclusive property of the District when developed and shall be considered work for hire.

B.

The Professional shall deliver all Work Product to the District upon completion

thereof unless it is necessary for Professional in the District’s sole discretion, to retain possession for a longer period of time. Upon termination of Professional’s services hereunder, Professional shall deliver all such Work Product whether complete or not. The District shall have all rights to use any and all Work Product. Professional shall retain copies of the Work Product for its permanent records, provided the Work Product is not

used without the District’s prior express written consent. Professional agrees not to recreate any Work Product contemplated by this Agreement, or portions thereof, which if constructed or otherwise materialized, would be reasonably identifiable with the District.

C.

The District exclusively retains all manufacturing rights to all materials or designs

developed under this Agreement. To the extent the services performed under this Agreement produce or include copyrightable or patentable materials or designs, such materials or designs are work made for hire for the District as the author, creator, or inventor thereof upon creation, and the District shall have all rights therein including, without limitation, the right of reproduction, with respect to such work. Professional hereby assigns to the District any and all rights Professional may have including, without limitation, the copyright, with respect to such work. The Professional acknowledges that the District is the motivating factor for, and for the purpose of copyright or patent, has the right to direct and supervise the preparation of such copyrightable or patentable materials

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or designs.

SECTION 9. REUSE OF DOCUMENTS. All documents including drawings and specifications furnished by Professional pursuant to this Agreement are instruments of service. They are not intended or represented to be suitable for reuse by District or others on extensions of the work for which they were provided or on any other Project. Any reuse without specific written consent by Professional will be at the District’s sole risk and without liability or legal exposure to Professional. All documents including drawings, plans and specifications furnished by Professional to District are subject to reuse in accordance with Section 287.055(10), Florida Statutes.

SECTION 10. ESTIMATE OF COST. Since Professional has no control over the cost of labor, materials or equipment or over a contractor’s methods of determining prices, or over competitive bidding or market conditions, its opinions of probable cost provided as a service hereunder are to be made on the basis of its experience and qualifications and represent its best judgment as a project engineer familiar with the construction industry, but Professional cannot and does not guarantee that proposals, bids, or the construction costs will not vary from opinions of probable cost prepared by it. If the District wishes greater assurance as to the construction costs, it shall employ an independent cost estimator at its own expense. Services to modify approved documents to bring the construction cost within any limitation established by the District will be considered additional services and justify additional fees.

SECTION 11. INSURANCE. Professional shall, at its own expense, maintain insurance during the performance of its services under this Agreement, with limits of liability not less than the following:

Workers Compensation

Statutory

General Liability
Bodily Injury (including Contractual) Property Damage (including Contractual)

$1,000,000/$2,000,000

$1,000,000/$2,000,000

Automobile Liability
Bodily Injury/Property Damage

Combined Single Limits $1,000,000

Professional Liability for Errors and Omissions

$2,000,000

If any such policy of insurance is a “claims made” policy, and not an “occurrence” policy, the Professional shall, without interruption, maintain the aforementioned insurance for professional liability for errors and omissions for at least one (1) year after the completion or termination of this Agreement.

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The District, SRTG Dev Owner, LLC, FCM II FL, LLC and their supervisors, members, directors, employees, staff, lawyers, consultants, contractors, agents and representatives shall be named as additional insured parties. Professional shall furnish the District with the Certificate of Insurance evidencing compliance with this requirement. No certificate shall be acceptable to the District unless it provides that any change or termination within the policy periods of the insurance coverage, as certified, shall not be effective within thirty (30) days of prior written notice to the District. Insurance coverage shall be from a reputable insurance carrier, licensed to conduct business in the state of Florida.

If Professional 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, Professional 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.

SECTION 12. CONTINGENT FEE. The Professional warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Professional, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the Professional, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement.

SECTION 13. COMPLIANCE WITH GOVERNMENTAL REGULATIONS. In
performing its obligations under this Agreement, the Professional and each of its agents, servants, employees or anyone directly or indirectly employed by Professional, shall comply with all applicable laws, ordinances, rules, regulations, and orders of any public or governmental authority having appropriate jurisdiction. If the Professional fails to 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 of 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 action of the Professional or any of its agents, servants, or employees, or fails to comply with any requirement of such agency within five (5) days after receipt of any such notice, order request to comply notice, or report of a violation or an alleged violation, the District may terminate this Agreement, such termination to be effective upon the giving of notice of termination.

SECTION	14.	COMPLIANCE	WITH	PROFESSIONAL	STANDARDS.	In
performing its obligations under this Agreement, the Professional and each of its agents, servants, employees or anyone directly or indirectly employed by Professional, shall act consistent with the standard of care, skill, diligence and professional competency for such work and/or services. Any designs, drawings, reports or specifications prepared or furnished by the Professional that contain errors, conflicts or omissions will be promptly corrected by Professional at no cost to the District.

SECTION 15. AUDIT. The Professional agrees that the District or any of its duly authorized representatives shall have access to and the right to audit and examine any books, documents, papers, and records of the Professional involving transactions related to this

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Agreement. Such access and right shall extend for the period during which Professional is required to maintain said books, documents, papers, and records by the laws and regulations of the Internal Revenue Service. If an audit finds that any payment made to Professional under this Agreement is not based on allowable costs, the Professional agrees that the payment is subject to reduction in conformity with the findings of the audit. Notwithstanding any other records retention requirement, all records required for an audit performed by the District shall be maintained until the completion of the audit and the resolution of all questions arising therefrom.

SECTION 16. INDEMNIFICATION.

A.

The Professional agrees, to the fullest extent permitted by law (except against professional liability claims), to indemnify, defend, and hold harmless the District, SRTG Dev Owner, LLC, FCM II FL, LLC and their supervisors, members, directors, employees, staff, lawyers, consultants, contractors, agents and representatives (together, the “Indemnitees”), from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys’ fees, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Professional and other persons employed or utilized by the Professional in the performance of this Agreement, including without limitation the Professional’s contractors, subcontractors, and sub-subcontractors. To the extent a limitation on liability is required by Section 725.06 of the Florida Statutes or other applicable law, liability under this section shall in no event exceed the sum of Two Million Dollars and No Cents ($2,000,000.00) and Professional shall carry, at its own expense, insurance in a company satisfactory to District to cover the aforementioned liability. Professional agrees such limitation bears a reasonable commercial relationship to the Agreement and was part of the project specifications or bid documents.

B.

Professional agrees and covenants that nothing in this Agreement shall constitute or be construed as a waiver of the District’s sovereign immunity pursuant to Section 768.28, Florida Statutes, or other law, and nothing in the 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.

C.

In the event that any indemnification, defense, or hold harmless provision of this Agreement is determined to be unenforceable, the provision shall be reformed in accordance with the mutual intent of the Professional and the District to provide indemnification, defense, and hold harmless provisions to the maximum effect allowed by Florida law and for the benefit of the Indemnitees.

D.

Neither District nor Professional shall be liable to the other party in any circumstances for any indirect, economic, special or consequential loss or damage, including but not limited to, loss of revenue, loss of production or loss of profit.

UNDER THIS AGREEMENT, AND PURSUANT TO
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E.

THE

REQUIREMENTS

OF

SECTION

558.0035,

FLORIDA STATUTES, THE REQUIREMENTS OF

WHICH	ARE HEREIN,		AN

EXPRESSLY INDIVIDUAL

INCORPORATED

EMPLOYEE

OR

AGENT OF THE PROFESSIONAL MAY NOT BE

HELD

INDIVIDUALLY

LIABLE

FOR

NEGLIGENCE.

SECTION 17. PUBLIC RECORDS. Professional understands and agrees that all documents of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, Professional agrees to comply with all applicable provisions of Florida law in handling such records, including but not limited to Section 119.0701, Florida Statutes. Professional acknowledges that the designated public records custodian for the District is Lesley Gallagher (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Professional shall 1) keep and maintain public records required by the District to perform the Services; 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 Agreement term and following the Agreement term if the Professional does not transfer the records to the Public Records Custodian of the District; and 4) upon completion of the Agreement, transfer to the District, at no cost, all public records in Professional’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 Professional, the Professional 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 (latest editions).

IF THE PROFESSIONAL HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE PROFESSIONAL’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (904) 436-6270, LGALLAGHER@RIZZETTA.COM, OR 3434 COLWELL AVENUE, SUITE 200, TAMPA, FLORIDA 33614.

The Professional shall promptly notify the District of each request for access to documents received by Professional.

SECTION 18. EMPLOYMENT VERIFICATION; E-VERIFY. The Professional
agrees that it shall bear the responsibility for verifying the employment status, under the Immigration Reform and Control Act of 1986, of all persons it employs in the performance of this Agreement. The Professional shall comply with and perform all applicable provisions of Section 448.095, Florida Statutes. Accordingly, to the extent required by Florida Statute, Professional shall
7

register with and use the United States Department of Homeland Security’s E-Verify system to verify the work authorization status of all newly hired employees. The District may terminate this Agreement immediately for cause if there is a good faith belief that the Professional has knowingly violated Section 448.09(1), Florida Statutes. By entering into this Agreement, the Professional represents that no public employer has terminated a contract with the Professional under Section 448.095(2)(c), Florida Statutes, within the year immediately preceding the date of this Agreement.

SECTION 19. CONTROLLING LAW; JURISDICTION AND VENUE. Professional
and the District agree that this Agreement shall be controlled and governed by the laws of the State of Florida. Jurisdiction and venue for any proceeding with respect to this Agreement shall be in Clay County, Florida.

SECTION 20. NOTICES. All notices, requests, consents and other communications under this Agreement (“Notices”) shall be in writing and shall be delivered, transmitted by electronic mail (e-mail) and mailed by First Class Mail, postage prepaid, or overnight delivery service, to the parties, as follows:

If to the District:

Feed Mill Community Development District c/o Rizzetta & Company, Incorporated
3434 Colwell Avenue, Suite 200
Tampa, Florida 33614 Attn: District Manager

With a copy to:

Kutak Rock LLP
107 West College Avenue Tallahassee, Florida 32301 Attn: District Counsel

If to Professional:

ELM, Inc.
1301 Riverplace Boulevard, Suite 1818
Jacksonville, Florida 32207 Attn: 	

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 District and counsel for Professional may deliver Notice on behalf of District and Professional, respectively. 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.

SECTION 21. ASSIGNMENT. Neither the District nor the Professional shall assign,

8

sublet, or transfer any rights under or interest in this Agreement without the express written consent of the other. Nothing in this paragraph shall prevent the Professional from employing such independent Professional associates and consultants as Professional deems appropriate, pursuant to the terms of this Agreement.

SECTION 22. TERMINATION. The District may terminate this Agreement for cause immediately upon notice to Professional. The District or the Professional may terminate this Agreement without cause upon thirty (30) days written notice. At such time as the Professional receives notification of the intent of the District to terminate the contract, the Professional shall not perform any further services unless directed to do so in writing by the District. In the event of any termination or breach of any kind, the Professional shall not be entitled to consequential or other damages of any kind (including but not limited to lost profits), but instead the Professional’s sole remedy will be to recover payment for services rendered to the date of the notice of termination, subject to any offsets, plus, where the termination is a termination for convenience and not for cause, any reasonable and unavoidable costs incurred due to such termination (such as canceling orders for equipment, material or services).

SECTION 23. RECOVERY OF COSTS AND FEES. In the event either party is required to enforce this Agreement by court proceedings or otherwise, then the substantially prevailing party shall be entitled to recover from the other party all costs incurred, including reasonable attorneys' and paralegal fees, incurred in both trial and appellate proceedings.

SECTION 24. COMPLIANCE WITH SECTION 20.055, FLORIDA STATUTES. The
Professional agrees to comply with Section 20.055(5), Florida Statutes, to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to such section and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes.

SECTION 25. SCRUTINIZED COMPANIES STATEMENT. Professional certifies it:
(i) is not in violation of Section 287.135, Florida Statutes; (ii) is not on the Scrutinized Companies with Activities in Sudan List; (iii) is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; (iv) does not have business operations in Cuba or Syria; (v) is not on the Scrutinized Companies that Boycott Israel List; and (vi) is not participating in a boycott of Israel. If the Professional is found to have submitted a false statement with regards to the prior sentence, has been placed on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or the Scrutinized Companies that Boycott Israel List, has engaged in business operations in Cuba or Syria, and/or has engaged in a boycott of Israel, the District may immediately terminate this Agreement.

SECTION 26. ACCEPTANCE. Acceptance of this Agreement is indicated by the signature of the authorized representative of the District and the Professional in the spaces provided below.

[Signatures Appear on Following Page]

9

In Witness Whereof, the parties hereto have caused these present to be executed the day and year first above written.

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

Lesley Gallagher Secretary

Daniel E. McCormick Chair

ELM, INC., a Florida corporation

Witness

By: 	

Its:

 	

Exhibit A - Scope of Services
Exhibit B - Form of Work Authorization Exhibit C - Rate Schedule

10

EXHIBIT A
RANGE OF POTENTIAL SERVICES TO BE PROVIDED

Potential Services to be provided by the Construction Administration Consultant (the “Consultant”) include, but are not limited to, the following:

Evaluation of the Work:
Site Visits and Pre-Construction Meeting
Consultant shall attend a Pre-construction Conference attended by the Contractor, Developer, the Engineer of Record, the District Engineer, Relevant Utility Owners and others if desired as necessary. The purpose of the meeting will be to discuss procedures, scheduling, project coordination, maintenance of traffic, permitting and environmental issues, etc. Responsibilities for each party at this meeting will be identified including insurance, permits, testing, inspection, etc.
The Consultant will visit the site at appropriate intervals corresponding with the stage of construction, or as otherwise required to be familiar with the progress and quality of the portion of Work completed. Consultant shall observe and inspect all aspects of the Project including, but not limited to, the construction of the Amenity building, the pool, the market building, and any equipment associated with those improvements.
The Consultant shall meet at the site with the Contractor, District Engineer, and any District representative once per month to review progress of construction. Consultant shall prepare a summary report of the progress made over the course of that month and identify any delays, deviations, or other issues with the Work. The District may request that the Consultant attends District Board Meetings to provide updates to the Board regarding construction progress. Consultant shall provide necessary Project coordination and administrative services to ensure a smooth progression of construction.

Coordination and Documentation
The Construction Administration Consultant shall observe whether Work is being performed in a manner that is consistent with the Contract Documents. The Consultant shall keep the District reasonably informed about the progress and quality of the Work completed and promptly inform the District of:
Known deviations from the Contract Documents
Known deviations from the Contractor’s construction schedule
Defects and deficiencies observed in the work.
Additional Consultant Authority
While not required under this Scope of Work, the Consultant has the authority to reject Work that does not conform to the Contract Documents and may request third-party inspections if necessary and advisable.
Review and Certification of payment to Contractor:
Pay Application Review
The Consultant shall, as requested, review applications for payment submitted by Contractor on behalf of the District and certify the amounts due based on the evaluation
11

of work and data provided by the Contractor the best of the Consultant’s knowledge, information, and professional judgement.
Review of Submittals, Shop Drawings, and RFIs:
Consultant Review
The Consultant shall review the Contractor’s submittals and shop drawings within a reasonable timeline established at the outset of construction. The Consultant shall approve or take other appropriate action upon each submittal for the limited purpose of checking for conformance with the information given and the design intent expressed in the construction Documents.
The Consultant shall review any Requests for Information (“RFI”) and associated responses to such RFI created or submitted in connection with the Project.
Project Completion Duties:
The Consultant will conduct inspections to determine the dates for Substantial Completion and Final Completion, and issue a Certificate of Substantial Completion when appropriate.
The Consultant will issue a final Certificate of Payment based upon a final inspection indicating that the Work complies with the requirements of the Contract Documents to the best of the Consultant’s knowledge, information, and belief.

3.

4.

12

EXHIBIT B

FORM OF WORK AUTHORIZATION

WORK AUTHORIZATION NUMBER 	

	, 202	

Feed Mill Community Development District

Subject:

Work Authorization Number  
Feed Mill Community Development District

Dear Chair, District Board of Supervisors:

	 (“Professional”) is pleased to submit this work authorization to provide Construction Administration & Observation services for the Feed Mill Community Development District (“District”). We will provide these services pursuant to our current agreement dated 	  , 202  (“Agreement”) as follows:

I.

Scope of Work

District will engage the services of Professional to perform those services as necessary for the 	
	 Project [SPECIFY PROJECT AND TASKS IN EXHIBIT 1] as well as attendance at meetings of the District’s Board as requested by the District.

II.

Fees

District will compensate Professional, pursuant as described in Exhibit 1 of this Work Authorization in accordance with the terms of the Agreement. The District will reimburse Professional all direct costs which include items such as printing, drawings, travel, deliveries, et cetera, pursuant to the Agreement.

This Work Authorization, together with the Agreement, represents the entire understanding between the District and Professional with regard to the referenced work authorization. If you wish to accept this work authorization, please sign both copies where indicated, and return one complete copy to our office. Upon receipt, we will promptly schedule our services.

Thank you for considering our firm. We look forward to working with you.

APPROVED AND ACCEPTED

Sincerely,

By: 	 Authorized Representative of District
Date: 	

		 By: 	 Its: 		

Exhibit 1

[insert copy of additional service proposal, including scope of service and compensation]
13

EXHIBIT C

RATE SCHEDULE

14

15

Tab 5

RESOLUTION 2026-09
[FY 2027 APPROPRIATION RESOLUTION]

THE  ANNUAL  APPROPRIATION  RESOLUTION  OF  THE  FEED  MILL  COMMUNITY
DEVELOPMENT DISTRICT (“DISTRICT”) RELATING TO THE ANNUAL APPROPRIATIONS AND ADOPTING THE BUDGET(S) FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2026, AND ENDING SEPTEMBER 30, 2027; AUTHORIZING BUDGET AMENDMENTS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, for the fiscal year beginning October 1, 2026, and ending September 30, 2027 (“FY
2027”), the District Manager prepared and submitted to the Board of Supervisors (“Board”) of the Feed Mill Community Development District (“District”) prior to June 15, 2026, proposed budget(s) (“Proposed Budget”) along with an explanatory and complete financial plan for each fund of the District, pursuant to the provisions of Section 190.008(2)(a), Florida Statutes; and

WHEREAS, at least sixty (60) days prior to the adoption of the Proposed Budget, the District filed
a copy of the Proposed Budget with the local general-purpose government(s) having jurisdiction over the area included in the District pursuant to the provisions of Section 190.008(2)(b), Florida Statutes; and

WHEREAS, the Board set a public hearing on the Proposed Budget and caused notice of such
public hearing to be given by publication pursuant to Section 190.008(2)(a), Florida Statutes; and

WHEREAS, the District Manager posted the Proposed Budget on the District’s website in
accordance with Section 189.016, Florida Statutes; and

WHEREAS, Section 190.008(2)(a), Florida Statutes, requires that, prior to October 1st of each year, the Board, by passage of the Annual Appropriation Resolution, shall adopt a budget for the ensuing fiscal year and appropriate such sums of money as the Board deems necessary to defray all expenditures of the District during the ensuing fiscal year.

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

SECTION 1.

BUDGET

a.

The Proposed Budget, attached hereto as Exhibit A, as amended by the Board, is hereby
adopted in accordance with the provisions of Section 190.008(2)(a), Florida Statutes (“Adopted Budget”), and incorporated herein by reference; provided, however, that the comparative figures contained in the Adopted Budget may be subsequently revised as deemed necessary by the District Manager to reflect actual revenues and expenditures.

b.

The Adopted Budget, as amended, shall be maintained in the office of the District
Manager and at the District’s Local Records Office and identified as “The Budget for the Feed Mill Community Development District for the Fiscal Year Ending September 30, 2027.”

1

c.

The Adopted Budget shall be posted by the District Manager on the District’s official
website in accordance with Chapter 189, Florida Statutes and shall remain on the website for at least two (2) years.

SECTION 2.

APPROPRIATIONS

There is hereby appropriated out of the revenues of the District, for FY 2027, the sum(s) set forth
in Exhibit A to be raised by the levy of assessments and/or otherwise, which sum is deemed by the Board to be necessary to defray all expenditures of the District during said budget year, to be divided and appropriated as set forth in Exhibit A.

SECTION 3.

BUDGET AMENDMENTS

Pursuant to Section 189.016, Florida Statutes, the District at any time within FY 2027 or within 60
days following the end of the FY 2027 may amend its Adopted Budget for that fiscal year as follows:

a.

A line-item appropriation for expenditures within a fund may be decreased or increased
by motion of the Board recorded in the minutes, and approving the expenditure, if the total appropriations of the fund do not increase.

b.

The District Manager or Treasurer may approve an expenditure that would increase or
decrease a line-item appropriation for expenditures within a fund if the total appropriations of the fund do not increase and if either (i) the aggregate change in the original appropriation item does not exceed the greater of $15,000 or 15% of the original appropriation, or (ii) such expenditure is authorized by separate disbursement or spending resolution.

c.

Any other budget amendments shall be adopted by resolution and consistent with Florida
law. The District Manager or Treasurer must ensure that any amendments to the budget under this paragraph c. are posted on the District’s website in accordance with Chapter 189, Florida Statutes, and remain on the website for at least two (2) years.

SECTION 4.

APPROVAL OF PRIOR ACTIONS. The actions of the Chairman, Vice Chairman,

Secretary, Treasurer, Assistant Secretaries, and all District Staff in finalizing the Adopted Budget, including
preparing the Proposed Budget and setting, noticing, and all other actions required for the public hearing on the Proposed Budget, are hereby ratified, approved, and confirmed in all respects.

SECTION 5.

SEVERABILITY; EFFECTIVE DATE. The invalidity or unenforceability of any one or

more provisions of this Resolution shall not affect the validity or enforceability of the remaining portions
of this Resolution, or any part thereof. This Resolution shall take effect immediately upon adoption.

[CONTINUED ON NEXT PAGE]

2

PASSED AND ADOPTED THIS 26TH DAY OF AUGUST, 2026.

ATTEST:

FEED MILL COMMUNITY DEVELOPMENT
DISTRICT

Secretary / Assistant Secretary

Chair / Vice Chair, Board of Supervisors

Exhibit A:

FY 2027 Budget

3

Exhibit A

Will be attached as the adopted budget for fiscal year 2026/27

Feed Mill
Community Development District
feedmillcdd.org

Approved Proposed Budget for
Fiscal Year 2026/2027

Page

General Fund Budget for Fiscal Year 2026/2027

1

Debt Service Fund Budget for Fiscal Year 2026/2027

5

Assessments Charts for Fiscal Year 2026/2027

6

General Fund Budget Account Category Descriptions

8

Debt Service Fund Budget Account Category Descriptions

15

Table of Contents

1

Comments

To be Updated Prior to Public Hearing

To be Updated Prior to Public Hearing

AA Jan. Tech & AA Farm Director - Cost Share Rev. Line Removed & $52,216 deducted from expense on line 68

Based on Series 2025 & 2026 Bonds Issued

Proposed Budget
Feed Mill Community Development District
General Fund Fiscal Year 2026/2027

Actual YTD	Projected Annual	Annual Budget for	Projected Budget	Budget for	Budget Increase Chart of Accounts Classification	through 05/31/26	 Totals 2025/2026		2025/2026		variance for		2026/2027		(Decrease) vs
2025/2026	2025/2026

1

2

ASSESSMENT REVENUES

3

4

Special Assessments

5

Tax Roll*

$	-

$	-

$	-

$	-

$	669,186

$	669,186

6

Off Roll*

$	240,825

$	343,831

$	343,831

$	-

$	96,134

$	(247,697)

7

8

Assessment Revenue Subtotal

$	240,825

$	343,831

$	343,831

$	-

$	765,320

$	421,489

9

10

OTHER REVENUES

11

12

Balance Forward from Prior Year

$	-

$	-

$	-

$	-

$	-

$	-

13

Developer Contributions

$	-

$	-

$	-

$	-

$	647,293

$	647,293

14

Cost Share

$	-

$	-

$	-

$	-

$	-

$	-

15

16

Other Revenue Subtotal

$	-

$	-

$	-

$	-

$	647,293

$	647,293

17

18

TOTAL REVENUES

$	240,825

$	343,831

$	343,831

$	-

$	1,412,613

$	1,068,782

19

*Allocation of assessments between the Tax Roll and Off Roll are estimates only and subject to change prior to certification.

20

21

EXPENDITURES - ADMINISTRATIVE

22

23

Legislative

24

Supervisor Fees

$	2,600

$	3,800

$	12,000

$	8,200

$	7,200

$	(4,800)

25

Financial & Administrative

26

Accounting Services

$	12,800

$	19,200

$	19,200

$	-

$	19,776

$	576

27

Administrative Services

$	2,800

$	4,200

$	4,200

$	-

$	4,326

$	126

28

Arbitrage Rebate Calculation

$	-

$	500

$	1,000

$	500

$	1,000

$	-

29

Assessment Roll

$	-

$	-

$	5,000

$	5,000

$	5,000

$	-

30

Auditing Services

$	2,500

$	4,600

$	3,100

$	(1,500)

$	6,100

$	3,000

2

Comments

Series 2025 & 2026 Bonds also Includes DTS License

Based on Series 2025 & Series 2026 Bonds

Estimated

Based on Detail Provided

Combined COP & Clubhouse Electric

Estimated & Also Includes Irrigation

Estimated

Estimated Amount - Out to Bid

Estimated Only & To Include Amenity Center and Farm for Portion of FY 26/27 Only

Includes Common Areas, Catherdral Oak & Amenity

Proposed Budget
Feed Mill Community Development District
General Fund Fiscal Year 2026/2027

Actual YTD	Projected Annual	Annual Budget for	Projected Budget	Budget for	Budget Increase Chart of Accounts Classification	through 05/31/26	 Totals 2025/2026		2025/2026		variance for		2026/2027		(Decrease) vs
2025/2026	2025/2026

31

Disclosure Report

$	600

$	6,000

$	6,000

$	-

$	7,000

$	1,000

32

District Engineer

$	2,478

$	7,500

$	12,000

$	4,500

$	5,000

$	(7,000)

33

District Management

$	14,000

$	21,000

$	21,000

$	-

$	21,630

$	630

34

Dues, Licenses & Fees

$	190

$	190

$	1,000

$	810

$	1,000

$	-

35

Financial & Revenue Collections

$	2,400

$	3,600

$	3,600

$	-

$	4,908

$	1,308

36

Legal Advertising

$	1,407

$	3,466

$	10,000

$	6,534

$	5,000

$	(5,000)

37

Miscellaneous Fees

$	30

$	30

$	500

$	470

$	500

$	-

38

Public Officials Liability Insurance

$	2,385

$	2,385

$	2,531

$	146

$	2,624

$	93

39

Trustees Fees

$	-

$	10,000

$	10,000

$	-

$	10,000

$	-

40

Website Hosting, Maintenance, Backup

$	3,175

$	3,700

$	3,700

$	-

$	3,820

$	120

41

Legal Counsel

42

District Counsel

$	26,755

$	40,133

$	30,000

$	(10,133)

$	30,000

$	-

43

44

Administrative Subtotal

$	74,120

$	130,304

$	144,831

$	14,528

$	134,884

$	(9,947)

45

46

EXPENDITURES - SHARED FIELD OPERATIONS

47

48

Electric Utility Services

49

Streetlights

$	-

$	-

$	-

$	-

$	2,940

$	2,940

50

Utility Services

$	-

$	2,500

$	10,000

$	7,500

$	15,450

$	5,450

51

Water Sewer Combination Services

52

Utility Services

$	-

$	-

$	-

$	-

$	144,612

$	144,612

53

Garbage/Solid Waste Control Services

54

Garbage - Recreational Facility

$	-

$	-

$	-

$	-

$	3,090

$	3,090

55

Stormwater Control

56

Aquatic Maintenance

$	-

$	2,430

$	10,000

$	7,570

$	23,000

$	13,000

56

Other Physical Environment

57

General Liability & Property Insurance

$	2,915

$	2,915

$	7,500

$	4,585

$	28,645

$	21,145

58

Irrigation Repairs

$	-

$	-

$	-

$	-

$	5,000

$	5,000

59

Landscape & Irrigation Maintenance

$	-

$	-

$	-

$	-

$	609,500

$	609,500

60

Mulching

$	-

$	-

$	-

$	-

$	50,977

$	50,977

3

Comments

Removed for FY26/27

General & Admin Farm Operations

Includes Farm

Based on Vesta's Estimate Provided Less $52,216 Previously Shown as Cost Share Revenue

Includes Facility, Café and Farm

Estimated and to Include Limited Property

Projections Include Monthly Vesta Fee & SunState Start Up COP

Proposed Budget
Feed Mill Community Development District
General Fund Fiscal Year 2026/2027

Actual YTD	Projected Annual	Annual Budget for	Projected Budget	Budget for	Budget Increase Chart of Accounts Classification	through 05/31/26	 Totals 2025/2026		2025/2026		variance for		2026/2027		(Decrease) vs
2025/2026	2025/2026

61

Miscellaneous Expense

$	-

$	-

$	5,000

$	5,000

$	(5,000)

62

Road and Street Facilities

63

Parks & Recreation

64

Administration

$	-

$	-

$	-

$	-

$	20,192

$	20,192

65

Alarm Monitoring & Maintenance

$	-

$	-

$	-

$	-

$	900

$	900

66

Amenity Facility Janitorial Supplies

$	-

$	-

$	-

$	-

$	5,000

$	5,000

67

Amenity Maintenance & Repair

$	-

$	-

$	-

$	-

$	7,261

$	7,261

68

Amenity Management Contract

$	-

$	-

$	-

$	-

$	281,077

$	281,077

69

Uniforms

$	-

$	-

$	-

$	-

$	1,353

$	1,353

70

Athletic Park/Court/Field Maintenance & Repairs

$	-

$	-

$	-

$	-

$	1,000

$	1,000

71

Facility Supplies - Amenities

$	-

$	-

$	-

$	-

$	15,000

$	15,000

72

Pest Control & Termite Bond

$	-

$	-

$	-

$	-

$	1,500

$	1,500

73

Pool Chemicals & Repairs

$	-

$	-

$	-

$	-

$	12,000

$	12,000

74

Pool Permits

$	-

$	-

$	-

$	-

$	700

$	700

75

Telephone, Internet and Cable

$	-

$	-

$	-

$	-

$	1,700

$	1,700

76

Licenses, Fees & Permits

$	-

$	-

$	-

$	-

$	1,000

$	1,000

77

Special Events

78

Holiday Lighting/Decorations

$	-

$	-

$	-

$	-

$	12,875

$	12,875

79

Special Events

$	-

$	-

$	-

$	-

$	7,957

$	7,957

80

Contingency

81

Miscellaneous Contingency

$	610

$	30,750

$	55,000

$	24,250

$	25,000

$	(30,000)

82

83

Shared Field Operations Subtotal

$	3,525

$	38,595

$	87,500

$	48,905

$	1,277,729

$	1,190,229

84

85

EXPENDITURES - PARCEL 1 FIELD OPERATIONS

86

87

Electric Utility Services

88

Utility Services

$	-

$	2,248

$	5,500

$	3,252

$	-

$	(5,500)

89

Water Sewer Combination Services

90

Utility Services

$	-

$	54,270

$	25,000

$	(29,270)

$	-

$	(25,000)

91

Other Physical Environment

92

Irrigation Repairs

$	-

$	-

$	2,500

$	2,500

$	-

$	(2,500)

4

Comments

Proposed Budget
Feed Mill Community Development District
General Fund Fiscal Year 2026/2027

Actual YTD	Projected Annual	Annual Budget for	Projected Budget	Budget for	Budget Increase Chart of Accounts Classification	through 05/31/26	 Totals 2025/2026		2025/2026		variance for		2026/2027		(Decrease) vs
2025/2026	2025/2026

93

Landscape & Irrigation Maintenance

$	-

$	15,096

$	50,000

$	34,904

$	-

$	(50,000)

94

Landscape Replacement Plants, Shrubs, Tree

$	-

$	-

$	4,000

$	4,000

$	-

$	(4,000)

95

96

Parcel 1 Field Operations Subtotal

$	-

$	71,614

$	87,000

$	15,386

$	-

$	(87,000)

97

98

EXPENDITURES - PARCEL 4 FIELD OPERATIONS

99

100

Electric Utility Services

101

Utility Services

$	-

$	-

$	1,000

$	1,000

$	-

$	(1,000)

102

Water Sewer Combination Services

103

Utility Services

$	-

$	-

$	10,000

$	10,000

$	-

$	(10,000)

104

Other Physical Environment

105

Irrigation Repairs

$	-

$	-

$	1,000

$	1,000

$	-

$	(1,000)

106

Landscape & Irrigation Maintenance

$	-

$	-

$	10,000

$	10,000

$	-

$	(10,000)

107

Landscape Replacement Plants, Shrubs, Trees

$	-

$	-

$	2,500

$	2,500

$	-

$	(2,500)

108

109

Parcel 4 Field Operations Subtotal

$	-

$	-

$	24,500

$	24,500

$	-

$	(24,500)

110

111

Total Field Operations Subtotal

$	3,525

$	110,209

$	199,000

$	88,791

$	1,277,729

$	1,078,729

112

113

TOTAL EXPENDITURES

$	77,645

$	240,513

$	343,831

$	103,319

$	1,412,613

$	1,068,782

114

115

EXCESS OF REVENUES OVER EXPENDITURES

$	163,180

$	103,318

$	-

$	103,319

$	-

$	-

116

5

Clay County Collection Costs (2%) and Early Payment Discounts (4%):

6.0%

GROSS ASSESSMENTS

(1) Feed Mill Series 2026 bonds were issued on 5/29/2026 however the interest is capitalized through 11/1/2027.
(2) Based on estimated Maximum Annual Debt Service for the Series 2025 Bonds.

$1,178,589.12

Feed Mill Community Development District Debt Service
Fiscal Year 2025/2026

Chart of Accounts Classification	Series 2025	Budget for 2025/2026(1)

REVENUES

Special Assessments

Net Special Assessments (2)

$1,107,873.77

$1,107,873.77

TOTAL REVENUES

$1,107,873.77

$1,107,873.77

EXPENDITURES

Administrative

Debt Service Obligation

$1,107,873.77

$1,107,873.77

Administrative Subtotal

$1,107,873.77

$1,107,873.77

TOTAL EXPENDITURES

$1,107,873.77

$1,107,873.77

EXCESS OF REVENUES OVER EXPENDITURES

$0.00

$0.00

6

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2026/2027 O&M & DEBT SERVICE ASSESSMENT SCHEDULE

2026/2027 O&M Budget: Clay County Collection Costs:
Early Payment Discounts:

2025/2026 O&M Budget:
2026/2027 O&M Budget:

$765,320.00
$16,283.40
$32,566.81

$343,831.00
$765,320.00

2%
4%

2026/2027 Total:

Total Difference:

PLATTED - Series 2025 Assessment Area (Phase 1A)

Series 2025 Debt Service(1) Operations/Maintenance

Single Family 40'

Series 2025 Debt Service(1)
Operations/Maintenance

Single Family 50'

Series 2025 Debt Service(1)
Operations/Maintenance

Single Family 60'

PLATTED - Series 2026 Assessment Area (Phase 4A)

Single Family 40'

Operations/Maintenance

Single Family 50'

Operations/Maintenance

Single Family 60'

Operations/Maintenance

UNPLATTED - Series 2025 Assessment Area (Parcel 1)

Series 2025 Debt Service(1)
Operations/Maintenance

Single Family 50'

Series 2025 Debt Service(1)
Operations/Maintenance

Single Family 60'

UNPLATTED - Future Assessment Area (Parcels 1 & 4)

Multifamily 25'

Operations/Maintenance

Single Family 40'

Operations/Maintenance

Single Family 50'

Operations/Maintenance

Single Family 60'

Operations/Maintenance

(1) The District's Series 2025 Bonds were issued in September 2025 and the Series 2025 Assessments will be levied beginning FY 2026-2027.

Total

Total

Total

Total

Total

Total

Total

Total

Total

Total

Total

Total

Proposed Increase / Decrease
$	%

$1,599.99	N/A
$514.89	133.70%

$2,114.88	549.16%

$1,899.98	N/A
$736.68	159.00%

$2,636.66	569.08%

$2,199.98	N/A
$958.47	176.99%

$3,158.45	583.25%

$598.38	198.39%

$598.38	198.39%

$841.04	234.30%

$841.04	234.30%

$1,083.70	260.32%

$1,083.70	260.32%

$1,899.98	N/A
-$3.68	-5.09%

$1,896.30	2623.91%

$2,199.98	N/A
-$3.68	-5.09%

$2,196.30	3039.02%

-$3.68	-5.09%

-$3.68	-5.09%

-$3.68	-5.09%

-$3.68	-5.09%

-$3.68	-5.09%

-$3.68	-5.09%

-$3.68	-5.09%

-$3.68	-5.09%

Per Unit Annual Assessment Comparison
2025/2026	2026/2027

$0.00	$1,599.99
$385.11	$900.00

$385.11	$2,499.99

$0.00	$1,899.98
$463.32	$1,200.00

$463.32	$3,099.98

$0.00	$2,199.98
$541.53	$1,500.00

$541.53	$3,699.98

$301.62	$900.00

$301.62	$900.00

$358.96	$1,200.00

$358.96	$1,200.00

$416.30	$1,500.00

$416.30	$1,500.00

$0.00	$1,899.98
$72.27	$68.59

$72.27	$1,968.57

$0.00	$2,199.98
$72.27	$68.59

$72.27	$2,268.57

$72.27	$68.59

$72.27	$68.59

$72.27	$68.59

$72.27	$68.59

$72.27	$68.59

$72.27	$68.59

$72.27	$68.59

$72.27	$68.59

Lot Size	Assessment Breakdown

$421,489.00

$814,170.21

7

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

FISCAL YEAR 2026/2027 O&M AND DEBT SERVICE ASSESSMENT SCHEDULE

.

LESS: Clay County Collection Costs (2%) and Early Payment Discounts (4%):	($8,609.62)	($40,240.60) Net Revenue to be Collected:

(1) Reflects the number of total lots with Series 2025 debt outstanding.

(2) Annual debt service assessment per lot adopted in connection with the Series 2025 bond issue. Annual assessment includes principal, interest, Clay collection costs and early payment discount costs.

(3) Annual assessment that will appear on November 2026 Clay county property tax bill for platted lots only. Amount shown includes all applicable collection costs. Property owner is eligible for a discount of up to 4% if paid early.

$630,436.00

$134,884.00

PER LOT ANNUAL ASSESSMENT

SERIES 2025
O&M	DEBT SERVICE (2)	TOTAL (3)

$900.00	$1,599.99	$2,499.99
$1,200.00	$1,899.98	$3,099.98
$1,500.00	$2,199.98	$3,699.98

$900.00	$0.00	$900.00
$1,200.00	$0.00	$1,200.00
$1,500.00	$0.00	$1,500.00

$68.59	$1,899.98	$1,968.57
$68.59	$2,199.98	$2,268.57

$68.59	$0.00	$68.59
$68.59	$0.00	$68.59
$68.59	$0.00	$68.59
$68.59	$0.00	$68.59

ALLOCATION OF FIELD O&M

TOTAL	% TOTAL		TOTAL	SHARED FIELD EAU	EAU's		EAU's	BUDGET		PER LOT
FACTOR

0.73	98.47	16.61%	$111,408.80	$831.41
1.00	159.00	26.82%	$179,893.97	$1,131.41
1.27	135.37	22.84%	$153,160.68	$1,431.41

0.73	48.50	8.18%	$54,872.99	$831.41
1.00	73.00	12.31%	$82,592.83	$1,131.41
1.27	78.44	13.23%	$88,747.31	$1,431.41

0.00	0.00	0.00%	$0.00	$0.00
0.00	0.00	0.00%	$0.00	$0.00

0.00	0.00	0.00%	$0.00	$0.00
0.00	0.00	0.00%	$0.00	$0.00
0.00	0.00	0.00%	$0.00	$0.00
0.00	0.00	0.00%	$0.00	$0.00

592.78	100%	$670,676.60

0.00%	$0.00

100.00%	$670,676.60

ALLOCATION OF ADMINISTRATIVE O&M

TOTAL	% TOTAL		TOTAL		ADMIN EAU	EAU's		EAU's	BUDGET	PER LOT
FACTOR

1.00	134.00	6.41%	$9,191.27	$68.59
1.00	159.00	7.60%	$10,906.06	$68.59
1.00	107.00	5.11%	$7,339.30	$68.59

1.00	66.00	3.15%	$4,527.05	$68.59
1.00	73.00	3.49%	$5,007.19	$68.59
1.00	62.00	2.96%	$4,252.68	$68.59

1.00	125.00	5.98%	$8,573.95	$68.59
1.00	86.00	4.11%	$5,898.88	$68.59

1.00	251.00	12.00%	$17,216.49	$68.59
1.00	234.00	11.19%	$16,050.43	$68.59
1.00	545.00	26.05%	$37,382.42	$68.59
1.00	250.00	11.95%	$17,147.90	$68.59

2092.00	100%	$143,493.62

71.27%	$102,270.07

28.73%	$41,223.55

UNITS ASSESSED

SERIES 2025
L	LOT SIZE	O&M	DEBT SERVICE (1)
U

Series 2025 Assessment Area (Phase 1A)
Single Family 40'	134	134
Single Family 50'	159	159
Single Family 60'	107	107
Series 2026 Assessment Area (Phase 4A)
Single Family 40'	66	0
Single Family 50'	73	0
Single Family 60'	62	0

TOTAL PLATTED

Series 2025 Assessment Area (Parcel 1)
Single Family 50'	125	125
Single Family 60'	86	86
Future Assessment Area (Parcels 1 & 4)
Multifamily 25'	251	0
Single Family 40'	234	0
Single Family 50'	545	0
Single Family 60'	250	0

TOTAL UNPLATTED

TOTAL COMMUNITY

2092	611

1491	211

601	400

TOTAL SHARED FIELD O&M BUDGET	$630,436.00
COLLECTION COSTS @	2%	$13,413.53
EARLY PAYMENT DISCOUNT @	4%	$26,827.06
TOTAL SHARED FIELD ASSESSMENT	$670,676.60

TOTAL ADMIN BUDGET	$134,884.00
COLLECTION COSTS @	2%	$2,869.87
EARLY PAYMENT DISCOUNT	4%	$5,739.74
TOTAL ADMIN ASSESSMENT	$143,493.62

TOTAL O&M BUDGET	$765,320.00
COLLECTION COSTS @	2%	$16,283.40
EARLY PAYMENT DISCOUNT @	4%	$32,566.81
TOTAL O&M ASSESSMENT	$814,170.21

8

GENERAL FUND BUDGET ACCOUNT CATEGORY DESCRIPTION

The General Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all General Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Interest Earnings: The District may earn interest on its monies in the various operating accounts.

Tax Roll: The District levies Non-Ad Valorem Special Assessments on all of the assessable property within the District to pay for operating expenditures incurred during the Fiscal Year. The assessments may be collected in two ways. The first is by placing them on the County’s Tax Roll, to be collected with the County’s Annual Property Tax Billing. This method is only available to land properly platted within the time limits prescribed by the County. The second way is by Off Roll collection.

Off Roll: For lands not on the tax roll and that is by way of a direct bill from the District to the appropriate property owner.

Developer Contributions: The District may enter into a funding agreement and receive certain prescribed dollars from the Developer to off-set expenditures of the District.

Event Rental: The District may receive monies for event rentals for such things as weddings, birthday parties, etc.

Miscellaneous Revenues: The District may receive monies for the sale or provision of electronic access cards, entry decals etc.

Facilities Rentals: The District may receive monies for the rental of certain facilities by outside sources, for such items as office space, snack bar/restaurants etc.

EXPENDITURES – ADMINISTRATIVE:

Supervisor Fees: The District may compensate its supervisors within the appropriate statutory limits of $200.00 maximum per meeting within an annual cap of $4,800.00 per supervisor.

9

Administrative Services: The District will incur expenditures for the day to today operation of District matters. These services include support for the District Management function, recording and preparation of meeting minutes, records retention and maintenance in accordance with Chapter 119, Florida Statutes, and the District’s adopted Rules of Procedure, preparation and delivery of agenda, overnight deliveries, facsimiles and phone calls.

District Management: The District as required by statute, will contract with a firm to provide for management and administration of the District’s day to day needs. These services include the conducting of board meetings, workshops, overall administration of District functions, all required state and local filings, preparation of annual budget, purchasing, risk management, preparing various resolutions and all other secretarial duties requested by the District throughout the year is also reflected in this amount.

District Engineer: The District’s engineer provides general engineering services to the District. Among these services are attendance at and preparation for monthly board meetings, review of construction invoices and all other engineering services requested by the district throughout the year.

Disclosure Report:  The District is required to file quarterly and/or annual disclosure reports, as required in the District’s Continuing Disclosure Agreement(s), with the specified repositories.  This is contracted out to a third party in compliance with the Trust Indenture.

Trustee’s Fees: The District will incur annual trustee’s fees upon the issuance of bonds for the oversight of the various accounts relating to the bond issues.

Assessment Roll:	The District will contract with a firm to maintain the assessment roll and annually levy a Non-Ad Valorem assessment for operating and debt service expenses.

Financial Consulting & Revenue Collections:  Services include investment administration of

the District's bank and consulting services to statutory requirements. not provide investment

trust accounts, if applicable, ongoing banking analyses, and related support prudent cash management in compliance with applicable However, the firm does not serve as a Municipal Advisor and does advice. The firm also provides comprehensive billing, collection, and

reporting of District assessments to fund debt service and operations, including direct billings, funding requests and owner inquiries. This line item also includes the fees incurred for a Collection Agent to collect the funds for the principal and interest payment for any bond-

related collection needs.

These funds are collected as prescribed in the Trust Indentures.

The Collection Agent also provides for the release of liens on property after the full collection of bond debt levied on particular properties.

Accounting Services:  Services include the preparation and delivery of the District’s financial statements in accordance with Governmental Accounting Standards, accounts payable and accounts receivable functions, asset tracking, capital program administration and requisition processing, filing of annual reports required by the State of Florida and monitoring of trust account activity.

10

Auditing Services: The District is required annually to conduct an audit of its financial records by an Independent Certified Public Accounting firm, once it reaches certain revenue and expenditure levels, or has issued bonds and incurred debt.

Arbitrage Rebate Calculation: The District is required to calculate the interest earned from bond

proceeds each year pursuant to the Internal Revenue Code of 1986.

The Rebate Analyst is

required to verify that the District has not received earnings higher than the yield of the bonds.

Travel: Each Board Supervisor and the District Staff are entitled to reimbursement for travel expenses per Florida Statutes 190.006(8).

Public Officials Liability Insurance: The District will incur expenditures for public officials’ liability insurance for the Board and Staff.

Legal Advertising: The District will incur expenditures related to legal advertising. The items for which the District will advertise include, but are not limited to meeting schedules, special meeting notices, and public hearings, bidding etc. for the District based on statutory guidelines

Bank Fees: The District will incur bank service charges during the year.

Dues, Licenses & Fees:	The District is required to pay an annual fee to the Department of Economic Opportunity, along with other items which may require licenses or permits, etc.

Miscellaneous Fees: The District could incur miscellaneous fees throughout the year, which may not fit into any standard categories.

Website Hosting, Maintenance and Email: The District may incur fees as they relate to the development and ongoing maintenance of its own website along with possible email services if requested.

District Counsel: The District’s legal counsel provides general legal services to the District. Among these services are attendance at and preparation for monthly board meetings, review of operating and maintenance contracts and all other legal services requested by the district throughout the year.

EXPENDITURES - FIELD OPERATIONS:

Deputy Services: The District may wish to contract with the local police agency to provide security for the District.

11

Security Services and Patrols:	The District may wish to contract with a private company to provide security for the District.

Electric Utility Services: The District will incur electric utility expenditures for general purposes such as irrigation timers, lift station pumps, fountains, etc.

Streetlights: The District may have expenditures relating to streetlights throughout the community. These may be restricted to main arterial roads or in some cases to all streetlights within the District’s boundaries.

Utility - Recreation Facility: The District may budget separately for its recreation and or amenity electric separately.

Gas Utility Services: The District may incur gas utility expenditures related to district operations at its facilities such as pool heat etc.

Garbage - Recreation Facility:	The District will incur expenditures related to the removal of garbage and solid waste.

Solid Waste Assessment Fee: The District may have an assessment levied by another local government for solid waste, etc.

Water-Sewer Utility Services: The District will incur water/sewer utility expenditures related to district operations.

Utility - Reclaimed: The District may incur expenses related to the use of reclaimed water for irrigation.

Aquatic Maintenance: Expenses related to the care and maintenance of the lakes and ponds for the control of nuisance plant and algae species.

Fountain Service Repairs & Maintenance:

The District may incur expenses related

to maintaining the fountains within throughout the Parks & Recreational areas

Lake/Pond Bank Maintenance: The District may incur expenditures to maintain lake banks, etc. for the ponds and lakes within the District’s boundaries, along with planting of beneficial aquatic plants, stocking of fish, mowing and landscaping of the banks as the District determines necessary.

Wetland Monitoring & Maintenance: The District may be required to provide for certain types of monitoring and maintenance activities for various wetlands and waterways by other governmental entities.

Mitigation Area Monitoring & Maintenance:

The District may be required to provide for

certain types of monitoring and maintenance activities for various mitigation areas by other governmental entities.

12

Aquatic Plant Replacement: The expenses related to replacing beneficial aquatic plants, which may or may not have been required by other governmental entities.

General Liability Insurance: The District will incur fees to insure items owned by the District for its general liability needs

Property Insurance:	The District will incur fees to insure items owned by the District for its property needs

Entry and Walls Maintenance:	The District will incur expenditures to maintain the entry monuments and the fencing.

Landscape Maintenance:	The District will incur expenditures to maintain the rights-of-way, median strips, recreational facilities including pond banks, entryways, and similar planting areas within the District. These services include but are not limited to monthly landscape maintenance, fertilizer, pesticides, annuals, mulch, and irrigation repairs.

Irrigation Maintenance: The District will incur expenditures related to the maintenance of the irrigation systems.

Irrigation Repairs: The District will incur expenditures related to repairs of the irrigation systems.

Landscape Replacement: Expenditures related to replacement of turf, trees, shrubs etc.

Field Services: The District may contract for field management services to provide landscape maintenance oversight.

Miscellaneous Fees: The District may incur miscellaneous expenses that do not readily fit into defined categories in field operations.

Gate Phone: The District will incur telephone expenses if the District has gates that are to be opened and closed.

Street/Parking Lot Sweeping: The District may incur expenses related to street sweeping for roadways it owns or are owned by another governmental entity, for which it elects to maintain.

Gate Facility Maintenance: Expenses related to the ongoing repairs and maintenance of gates owned by the District if any.

Sidewalk Repair & Maintenance: Expenses related to sidewalks located in the right of way of streets the District may own if any.

Roadway Repair & Maintenance: Expenses related to the repair and maintenance of roadways owned by the District if any.

13

Employees - Salaries: The District may incur expenses for employees/staff members needed for the recreational facilities such as Clubhouse Staff.

Employees - P/R Taxes: This is the employer’s portion of employment taxes such as FICA etc.

Employee - Workers’ Comp: Fees related to obtaining workers compensation insurance.

Management Contract: The District may contract with a firm to provide for the oversight of its recreation facilities.

Maintenance & Repair: The District may incur expenses to maintain its recreation facilities.

Facility Supplies: The District may have facilities that required various supplies to operate.

Gate Maintenance & Repairs: Any ongoing gate repairs and maintenance would be included in this line item.

Telephone, Fax, Internet: The District may incur telephone, fax and internet expenses related to the recreational facilities.

Office Supplies: The District may have an office in its facilities which require various office related supplies.

Clubhouse - Facility Janitorial Service: Expenses related to the cleaning of the facility and related supplies.

Pool Service Contract: Expenses related to the maintenance of swimming pools and other water features.

Pool Repairs: Expenses related to the repair of swimming pools and other water features.

Security System Monitoring & Maintenance: The District may wish to install a security system for the clubhouse

Clubhouse Miscellaneous Expense: Expenses which may not fit into a defined category in this section of the budget

Athletic/Park Court/Field Repairs: Expense related to any facilities such as tennis, basketball etc.

Trail/Bike Path Maintenance: Expenses related to various types of trail or pathway systems the District may own, from hard surface to natural surfaces.

14

Special Events: Expenses related to functions such as holiday events for the public enjoyment

Miscellaneous Fees:

Monies collected and allocated for fees that the District could incur

throughout the year, which may not fit into any standard categories.

Miscellaneous Contingency: Monies collected and allocated for expenses that the District could incur throughout the year, which may not fit into any standard categories.

Capital Outlay:	Monies collected and allocated for various projects as they relate to public improvements.

15

DEBT SERVICE FUND BUDGET ACCOUNT CATEGORY DESCRIPTION
The Debt Service Fund Budget Account Category Descriptions are subject to change at any time depending on its application to the District. Please note, not all Debt Service Fund Budget Account Category Descriptions are applicable to the District indicated above. Uses of the descriptions contained herein are intended for general reference.

REVENUES:

Special Assessments: The District may levy special assessments to repay the debt incurred by the sale of bonds to raise working capital for certain public improvements. The assessments may be collected in the same fashion as described in the Operations and Maintenance Assessments.

EXPENDITURES – ADMINISTRATIVE:

Bank Fees: The District may incur bank service charges during the year.

Debt Service Obligation: This would be a combination of the principal and interest payment to satisfy the annual repayment of the bond issue debt.

Tab 6

RESOLUTION 2026-10
[FY 2027 ASSESSMENT RESOLUTION]

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FEED MILL COMMUNITY
DEVELOPMENT DISTRICT PROVIDING FOR FUNDING FOR THE FY 2027 ADOPTED BUDGET(S); PROVIDING FOR THE COLLECTION AND ENFORCEMENT OF SPECIAL ASSESSMENTS, INCLUDING BUT NOT LIMITED TO PENALTIES AND INTEREST THEREON; CERTIFYING AN ASSESSMENT ROLL; PROVIDING FOR AMENDMENTS TO THE ASSESSMENT ROLL; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Feed Mill Community Development District (“District”) is a local unit of special-
purpose government established pursuant to Chapter 190, Florida Statutes, for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District, located in Clay County, Florida (“County”); and

WHEREAS, the District has constructed or acquired various infrastructure improvements and
provides certain services in accordance with the District’s adopted capital improvement plan and Chapter 190, Florida Statutes; and

WHEREAS, for the fiscal year beginning October 1, 2026, and ending September 30, 2027 (“FY
2027”), the Board of Supervisors (“Board”) of the District has determined to undertake various operations and maintenance and other activities described in the District’s budget (“Adopted Budget”), attached hereto as Exhibit A; and

WHEREAS, pursuant to Chapter 190, Florida Statutes, the District may fund the Adopted Budget
through the levy and imposition of special assessments on benefitted lands within the District and, regardless of the imposition method utilized by the District, under Florida law the District may collect such assessments by direct bill, tax roll, or in accordance with other collection measures provided by law; and

WHEREAS, in order to fund the District’s Adopted Budget, the District’s Board now desires to
adopt this Resolution setting forth the means by which the District intends to fund its Adopted Budget.

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

1.  FUNDING. The District’s Board hereby authorizes the funding mechanisms for the
Adopted Budget as provided further herein and as indicated in the Adopted Budget attached hereto as Exhibit A and the assessment roll attached hereto as Exhibit B (“Assessment Roll”).

2.  OPERATIONS AND MAINTENANCE ASSESSMENTS.

a.  Benefit Findings. The provision of the services, facilities, and operations as
described in Exhibit A confers a special and peculiar benefit to the lands within the District, which benefit exceeds or equals the cost of the assessments. The allocation of the assessments to the specially benefitted lands is shown in Exhibit A and Exhibit B and is hereby found to be fair and reasonable.

1

b.  O&M Assessment Imposition. Pursuant to Chapter 190, Florida Statutes, a
special assessment for operations and maintenance (“O&M Assessment(s)”) is hereby levied and imposed on benefitted lands within the District and in accordance with Exhibit A and Exhibit B. The lien of the O&M Assessments imposed and levied by this Resolution shall be effective upon passage of this Resolution.

c.	Maximum Rate. Pursuant to Section 197.3632(4), Florida Statutes, the lien
amount shall serve as the “maximum rate” authorized by law for operation and maintenance assessments.

3.

DEBT SERVICE SPECIAL ASSESSMENTS. The District’s Board hereby certifies for collection
the FY 2027 installment of the District’s previously levied debt service special assessments (“Debt Assessments,” and together with the O&M Assessments, the “Assessments”) in accordance with this Resolution and as further set forth in Exhibit A and Exhibit B, and hereby directs District staff to affect the collection of the same.

4.

COLLECTION AND ENFORCEMENT; PENALTIES; INTEREST. Pursuant to Chapter 190,
Florida Statutes, the District is authorized to collect and enforce the Assessments as set forth below.

a.

Tax Roll Assessments. To the extent indicated in Exhibit A and Exhibit B, those
certain O&M Assessments (if any) and/or Debt Assessments (if any) imposed on the “Tax Roll Property” identified in Exhibit B shall be collected by the County Tax Collector at the same time and in the same manner as County property taxes in accordance with Chapter 197, Florida Statutes (“Uniform Method”). That portion of the Assessment Roll which includes the Tax Roll Property is hereby certified to the County Tax Collector and shall be collected by the County Tax Collector in the same manner and time as County property taxes. The District’s Board finds and determines that such collection method is an efficient method of collection for the Tax Roll Property.

b.

Direct Bill Assessments. To the extent indicated in Exhibit A and Exhibit B, those
certain O&M Assessments (if any) and/or Debt Assessments (if any) imposed on “Direct Collect Property” identified in Exhibit B shall be collected directly by the District in accordance with Florida law, as set forth in Exhibit A and Exhibit B. The District’s Board finds and determines that such collection method is an efficient method of collection for the Direct Collect Property.

i.  Due Date (O&M Assessments). O&M Assessments directly collected by
the District shall be due and payable in full on December 1, 2026; provided, however, that, to the extent permitted by law, the O&M Assessments due may be paid in several partial, deferred payments and according to the following schedule: 25% due no later than October 1, 2026; 25% due no later in January 1, 2027; 25% due no later than April
1, 2027; and 25% due no later than July 1, 2027.

2

ii.

Due Date (Debt Assessments). Debt Assessments directly collected by the
District shall be due and payable in full on December 1, 2026; provided, however, that, to the extent permitted by law, the O&M Assessments due may be paid in several partial, deferred payments and according to the following schedule: 25% due no later than October 1, 2026; 25% due
no later in January 1, 2027; 25% due no later than April 1, 2027; and 25% due no later than July 1, 2027.

iii.

In the event that an Assessment payment is not made in accordance with
the schedule(s) stated above, the whole of such Assessment, including any remaining partial, deferred payments for the Fiscal Year: shall immediately become due and payable; shall accrue interest, penalties in the amount of one percent (1%) per month, and all costs of collection and enforcement; and shall either be enforced pursuant to a foreclosure action, or, at the District’s sole discretion, collected pursuant to the Uniform Method on a future tax bill, which amount may include penalties, interest, and costs of collection and enforcement. Any prejudgment interest on delinquent Assessments shall accrue at the rate of any bonds secured by the Assessments, or at the statutory prejudgment interest rate, as applicable. In the event an Assessment subject to direct collection by the District shall be delinquent, the District Manager and District Counsel, without further authorization by the Board, may initiate foreclosure proceedings pursuant to Chapter 170, Florida Statutes, or other applicable law to collect and enforce the whole Assessment, as set forth herein.

c.  Future Collection Methods. The District’s decision to collect Assessments by any
particular method – e.g., on the tax roll or by direct bill – does not mean that such method will be used to collect special assessments in future years, and the District reserves the right in its sole discretion to select collection methods in any given year, regardless of past practices.

5.

ASSESSMENT ROLL; AMENDMENTS. The Assessment Roll, attached hereto as Exhibit B,

is hereby certified for collection. The Assessment Roll shall be collected pursuant to the collection
methods provided above. The proceeds therefrom shall be paid to the District. The District Manager shall keep apprised of all updates made to the County property roll by the Property Appraiser after the date of this Resolution and shall amend the Assessment Roll in accordance with any such updates, for such time as authorized by Florida law, to the County property roll.

6.

APPROVAL OF PRIOR ACTIONS. The actions of the Chairman, Vice Chairman, Secretary,

Treasurer, Assistant Secretaries, and all District Staff in finalizing the Assessments and Assessment Roll as
provided herein are hereby ratified, approved, and confirmed in all respects.

7.

SEVERABILITY; EFFECTIVE DATE. The invalidity or unenforceability of any one or more

provisions of this Resolution shall not affect the validity or enforceability of the remaining portions of this
Resolution, or any part thereof. This Resolution shall take effect immediately upon adoption.

3

PASSED AND ADOPTED this 26th day of August, 2026.

ATTEST:

FEED MILL COMMUNITY DEVELOPMENT
DISTRICT

By:	

Secretary / Assistant Secretary

Its:	

Exhibit A:
Exhibit B:

Budget
Assessment Roll

4

Exhibit A

Will be attached as the adopted budget for fiscal year 2026/27

Exhibit B
Assessment Roll

The Assessment Roll is maintained in the District's official
records and is available upon request. Certain Exempt information may be redacted prior to release in compliance with Chapter 119, FL Statues.

Tab 7

FEED MILL COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2027 DEFICIT FUNDING AGREEMENT

This Agreement (“Agreement”) is made and entered into this 1st day of October, 2026, by and between:

Feed Mill Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, and located in Clay County, Florida, with a mailing address of 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614 (“District”); and

SRTG Dev Owner, LLC, a Delaware limited liability company and the developer of the lands in the District, with a mailing address of 500 Boylston Street, Suite 2010, Boston, Massachusetts 02116 (“Developer”).

Recitals

WHEREAS, the District was established by an ordinance adopted by Clay County, Florida for the purpose of planning, financing, constructing, operating and/or maintaining certain infrastructure; and

WHEREAS, the District, pursuant to Chapter 190, Florida Statutes, is authorized to levy such taxes, special assessments, fees and other charges as may be necessary in furtherance of the District's activities and services; and

WHEREAS, the District has adopted its annual budget for Fiscal Year 2027 (“FY 2027 Budget”), which begins on October 1, 2026 and ends on September 30, 2027, and has levied and imposed operations and maintenance assessments (“O&M Assessments”) on lands within the District to fund a portion of the FY 2027 Budget; and

WHEREAS, the Developer has agreed to fund the cost of any “Budget Deficit,” representing the difference between the FY 2027 Budget amount and the amount of the O&M Assessments, but subject to the terms of this Agreement.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which are hereby acknowledged, the parties agree as follows:

1.

FUNDING. The Developer agrees to make available to the District any monies

(“Developer Contributions”) necessary for the Budget Deficit as identified in Exhibit A (and as

Exhibit A may be amended from time to time pursuant to Florida law, but subject to the Developer’s consent to such amendments to incorporate them herein), and within thirty (30) days of written request by the District. The District shall have no obligation to repay any Developer Contribution provided hereunder.

2.

ENTIRE AGREEMENT. This instrument shall constitute the final and complete

expression of the agreement among the parties relating to the subject matter of this Agreement.

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 of the parties hereto.

3.

AUTHORIZATION. The execution of this Agreement has been duly authorized

by the appropriate body or official of all parties hereto, each party has complied with all of the

requirements of law, and each party has full power and authority to comply with the terms and provisions of this instrument.

4.

ASSIGNMENT. This Agreement may be assigned, in whole or in part, by any

party only upon the written consent of the other(s). Any purported assignment without such consent shall be void.

5.

DEFAULT. A default by any party under this Agreement shall entitle the other(s)

to all remedies available at law or in equity, which shall include, but not be limited to, the right of damages, injunctive relief and specific performance.

6.

ENFORCEMENT. In the event that any party is required to enforce this

Agreement by court proceedings or otherwise, then the parties agree that the prevailing party shall

be entitled to recover from the other(s) all costs incurred, including reasonable attorneys' fees and costs for trial, alternative dispute resolution, or appellate proceedings.

7.

THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of

the formal parties herein and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a formal party hereto. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person or corporation other than the parties hereto any right, remedy or claim under or by reason of this Agreement or any

provisions or conditions hereof; and all of the provisions, representations, covenants and conditions herein contained shall inure to the sole benefit of and shall be binding upon the parties hereto and their respective representatives, successors and assigns.

8.

CHOICE OF LAW. This Agreement and the provisions contained herein shall be

construed, interpreted and controlled according to the laws of the State of Florida. The parties consent to and agree that the exclusive venue for any litigation arising out of or related to this Agreement shall be in a court of appropriate jurisdiction in and for Clay County, Florida.

9.

ARM’S LENGTH. This Agreement has been negotiated fully among the parties

as an arm's length transaction. The parties 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 the doubtful language will not be interpreted or construed against any party.

10.

PUBLIC RECORDS. The Developer understands and agrees that all documents

of any kind provided to the District in connection with this Agreement may be public records, and, accordingly, the Developer agrees to comply with all applicable provisions of Florida law in

handling such records, including but not limited to section 119.0701, Florida Statutes. The

Developer acknowledges that the designated public records custodian for the District is Lesley Gallagher (“Public Records Custodian”). Among other requirements and to the extent applicable by law, the Developer 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 Developer 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 Developer’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 Developer, the Developer 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

DEVELOPER

HAS

QUESTIONS	REGARDING	THE

APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE

DEVELOPER’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS

AT

(904)

436-6270,

LGALLAGHER@RIZZETTA.COM,

OR

3434

COLWELL AVENUE, SUITE 200, TAMPA, FLORIDA 33614.

11.
parties hereto.

EFFECTIVE DATE. The Agreement shall be effective after execution by the

12.

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.

[Signatures on next page]

IN WITNESS WHEREOF, the parties execute this Agreement the day and year first written above.

ATTEST:

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

Secretary / Assistant Secretary

Chairperson / Vice Chairperson

SRTG DEV OWNER, LLC
a Delaware limited liability company

Witness

By: 	 Its: 		

Exhibit A:

Fiscal Year 2027 Budget

Exhibit A

Fiscal Year 2027 Budget

Tab 8

RESOLUTION 2026-11

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FEED
MILL COMMUNITY DEVELOPMENT DISTRICT ADOPTING RULES OF

PROCEDURE;

PROVIDING

A

SEVERABILITY

CLAUSE;

AND

PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Feed Mill Community Development District (“District”) is a local unit of
special purpose government created and existing pursuant to Chapter 190, Florida Statutes; and

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

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

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

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

SECTION 1.

The attached Rules of Procedure are hereby adopted pursuant to this

resolution as necessary for the conduct of District business. These Rules of Procedure replace all
prior versions of the Rules of Procedure, and shall stay in full force and effect until such time as the Board of Supervisors may amend these rules in accordance with Chapter 190, Florida Statutes.

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

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

PASSED AND ADOPTED this 26th day of August, 2026.

ATTEST:

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

Secretary/Assistant Secretary

Chair/Vice Chair, Board of Supervisors

Exhibit A:

Rules of Procedure

EXHIBIT A:
RULES OF PROCEDURE

RULES OF PROCEDURE
FEED MILL COMMUNITY DEVELOPMENT DISTRICT RULE NO. 2026-01

EFFECTIVE AS OF August 26, 2026

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	31

Rule 3.1

Procedure Under the Consultants’ Competitive Negotiations Act.	36

Rule 3.2

Procedure Regarding Auditor Selection.	40

Rule 3.3

Purchase of Insurance.	44

Rule 3.4

Pre-qualification	46

Rule 3.5

Construction Contracts, Not Design-Build.	51

Rule 3.6

Construction Contracts, Design-Build.	56

Rule 3.7

Payment and Performance Bonds.	61

Rule 3.8

Goods, Supplies, and Materials	62

Rule 3.9

Maintenance Services.	66

Rule 3.10

Contractual Services.	70

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.	71

Rule 4.0

Effective Date	74

1

Rule

1.0

General.

(1)

The Feed Mill 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.

(2)

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

(3)

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

(4)

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 automatically suspended.

complying

with

Florida

law,

the

Rule

shall

be

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

2

Rule 1.1

Board of Supervisors; Officers and Voting.

(1)

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.

(a)

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.

(b)

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.

(c)

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.

(d)

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.

(2)

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.

(a)

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

3

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.

(b)

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.

(c)

The Secretary of the Board serves at the pleasure of the Board and need not

be a member of the Board.

The Secretary shall be responsible for

maintaining the minutes of Board meetings and may have other duties

assigned by the Board from time to time. 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.

(d)

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.

(e)

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.

(f)

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.

4

(g)

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.

(3)

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.

(4)

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.

(5)

Meetings. For each fiscal year, the Board shall establish a schedule of regular meetings, which shall be published in a newspaper of general circulation within the county or counties 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.

(6)

Votes Required. No Board member who is present at any meeting of the District Board at which an official decision, ruling, or other official act is to be taken or adopted may abstain from voting in regard to any such decision, ruling, or act; and a vote shall be recorded or counted for each such Board member present, except when, with respect to any such member, there is, or appears to be, a possible conflict of interest under the provisions of s. 112.311, s. 112.313, or s. 112.3143 of the Florida Statutes.

(7)

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.

(a)

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

5

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.

(b)

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.

(c)

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.

(d)

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, 286.012, Fla. Stat.

6

Rule 1.2

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

(1)

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:

(a)

Agenda packages for prior 24 months and next meeting;

(b)

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

(c)

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

(d)

Adopted engineer’s reports;

(e)

Adopted assessment methodologies/reports;

(f)

Adopted disclosure of public financing;

(g)

Limited Offering Memorandum for each financing undertaken by the District;

(h)

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

(i)

District policies and rules;

(j)

Fiscal year end audits; and

(k)

Adopted budget for the current fiscal year.

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

(2)

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

7

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.

(3)

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.

(4)

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

8

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.

(5)

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

(6)

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

(7)

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.

9

Rule 1.3

Public Meetings, Hearings, and Workshops.

(1)

Notice. Except in emergencies, or as otherwise authorized or required by statute or these Rules, at least seven (7) days’, but not 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 within the county or counties in which the District is located. A newspaper is deemed to be a newspaper of “general circulation” in the county in which the District is located if such newspaper has been in existence for two (2) years at the time of publication of the applicable notice (unless no newspaper within the county has been published for such length) and satisfies the criteria of section 50.011(1) of the Florida Statutes, or if such newspaper is a direct successor of a newspaper which has been so published, as such provisions may be amended from time to time by law. The annual meeting notice required to be published by Section 189.015 of the Florida Statutes, shall be published as provide in Chapter 50 of the Florida Statutes, and such notice published consistent therewith shall satisfy the requirement to give at least seven (7) days’ public notice as required herein. Each Notice shall state, as applicable:

(a)

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

(b)

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

(c)

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

(d)

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
	. 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.”

(e)

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.”

10

(f)

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

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

(2)

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.

(3)

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 i) confidential and ii) confidential and exempt information, shall be available to the public at least seven (7) 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 comments 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

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Adjournment

(4)

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.

(5)

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.

(6)

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 within the county in which the District is located. After an emergency meeting, the Board shall publish in a newspaper of general circulation within the county in which the District is located, 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.

(7)

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.

(8)

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 or as otherwise provided in the resolution approving the annual budget(s). 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.

12

(9)

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.

(10)

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.

(11)

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.

(12)

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

(a)

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

(b)

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

(c)

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.

(13)

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

13

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.

(14)

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 confidential and exempt records in accordance with Florida law.

as

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.

14

Rule 1.4

Internal Controls to Prevent Fraud, Waste and Abuse

(1)

Internal Controls. designed to:

The District shall establish and maintain internal controls

(a)

Prevent and detect “fraud,” “waste” and “abuse” as those terms are defined in section 11.45(1),

(b)

Florida Statutes; and

(c)

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

(d)

Support economical and efficient operations; and

(e)

Ensure reliability of financial records and reports; and

(f)

Safeguard assets.

(2)

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.

15

Rule 2.0

Rulemaking Proceedings.

(1)

Commencement of Proceedings. Proceedings held for adoption, amendment, or repeal of a District rule shall be conducted according to these Rules, in accordance with the requirements of Section 190.011(5) of the Florida Statutes, and Chapter 120 of the Florida Statutes, including but not limited to Section 120.81(2)(b) of the Florida Statutes. Rulemaking proceedings shall be deemed to have been initiated upon publication of a Notice of Rule Development by the District as required by Section 2 of this Rule. 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. 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.

(2)

Requirements of a Rule. All District rules as drafted shall:

(a)

Contain only one subject;

(b)

Include readable language, meaning it avoids i) the use of obscure words and unnecessarily long or complicated constructions, and ii) the use of unnecessary technical or specialized language that is understood only by members of particular trades or professions;

(c)

Be indefinite such that the rule does not include a provision whereby the rule, or a portion thereof, automatically expires or is repealed on a specific date or at the end of a specified period, unless otherwise expressly authorized by law; and

(d)

Only incorporate material by reference in compliance with Section 120.54(1)(i) of the Florida Statutes.

(3)

Statement of Estimated Regulatory Costs. Before adopting, amending, or repealing any rule, other than an emergency rule, the District may prepare a statement of estimated regulatory costs (“SERC”) based on the factors set forth in Section 120.541(2) of the Florida Statutes. The District shall prepare a SERC for a proposed rule if in accordance with the requirements of Section 120.541(2) of the Florida Statutes if: i) the proposed rule will have an adverse economic impact on small business; or ii) the proposed rule is likely to directly or indirectly increase regulatory costs in excess of $200,000 in the aggregate in the state within one (1) year after implementation of the rule.

(4)

Notice of Rule Development.

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(a)

Except when the intended action is the repeal of a rule, the District shall provide notice of the development of a proposed rule (“Notice of Rule Development”) setting forth the following:

(i)

the subject area to be addressed by rule development;

(ii)

A short, plain explanation of the purpose and effect of the proposed rule;

(iii)

The grant of rulemaking authority for the proposed rule;

(iv)

The law being implemented;

(v)

The proposed rule number; and

(vi)

If available, either the preliminary text of the proposed rule and any incorporated documents, or a statement of how a person may promptly obtain, without cost, a copy of any preliminary draft of such rule or documents.

(b)

The

Notice of Rule Development shall be published in a newspaper of

general circulation within the county or counties in which the District is located at least seven (7) days prior to the Notice of Rulemaking required by

Section 5 of this Rule, and at least thirty-five (35) days prior to the intended action.

(5)

Notice of Rulemaking.

(a)

Prior to the adoption, amendment, or repeal of any rule other than an emergency rule, the District shall provide notice of its intended action (the “Notice of Rulemaking”) setting forth the following:

(i)

A short, plain explanation of the purpose and effect of the proposed rule;

(ii)

The proposed rule number;

(iii)

A summary of the proposed rule or amendment;

(v)

The grant of rulemaking authority for the proposed rule;

(vi)

The law being implemented or interpreted;

(vii)

The name, e-mail address, and telephone number of the agency employee who may be contacted regarding the intended action;

17

(viii)

A concise 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, that describes the regulatory impact of the rule in readable language;

(ix)

The District’s website where the statement of estimated regulatory costs can be viewed, in its entirety, if one has been prepared;

(x)

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;

(xi)

A statement as to whether, based on the SERC or other information expressly relied upon and described by the District if no statement of regulatory costs is required, the proposed rule is expected to require legislative ratification pursuant to Section 120.541(3) of the Florida Statutes;

(x)

The date, time, and location of the public hearing on the proposed rule;

(xi)

The name, address, and telephone number of the District contact person who can provide information about the public hearing; and

(xii)

A reference to both the date on which and the place where the Notice of Rule Development required by Section 4 of this Rule appeared, except when the intended action is the repeal of a rule.

(b)

The Notice of Rulemaking shall be published in a newspaper of general circulation within the county or counties in which the District is located at least seven (7) days after the Notice of Rule Development required by Section 4 of this Rule, and at least twenty-eight (28) days prior to the intended action. If the Notice of Rulemaking is not published within one-hundred eighty (180) days of the publication of the Notice of Rule Development, then the District’s Board shall approve a concise statement at least seven (7) days prior to the conclusion of the one-hundred eighty
(180) day timeframe identifying the reason for the delay, which may be supplemented quarterly until the District has adopted the proposed rule.

18

(c)

The Notice of Rulemaking shall be mailed or delivered electronically to all persons named in the proposed rule and to all persons who, at least fourteen
(14) days before publication of the notice, have made requests of the District for advance notice of its rulemaking proceedings. Any person may file a written request with the District Manager to receive notice of the District’s rulemaking proceedings. Such persons must furnish a mailing address or e-mail address, and may be required to pay the cost of copying and mailing as applicable.

(d)

As of the date of publication of the Notice of Rulemaking, the Board shall make available for public inspection and shall provide, upon request and payment of the cost of copies, the proposed rule, including all material proposed to be incorporated by reference.

(6)

Modification of Rules.

(a)

Technical Changes.

(i)

Prior to rule adoption, the District shall publish a notice of correction (“Notice of Correction”) if any of the information that is required to be included in the Notice of Rulemaking, including technical changes that correct citations or grammatical, typographical or similar errors that do not otherwise affect the substance of the rule, is omitted or is incorrect. A Notice of Correction cannot be used to make substantive changes to the rule text. The Notice of Correction shall be published in a newspaper of general circulation within the county or counties in which the District is located at least seven (7) days prior to the intended action.

(ii)

After rule adoption, a technical change to a rule may be approved at any time by the District. Promptly thereafter, a Notice of Correction shall be published by the District in the manner set forth in Section 6(a)(i) of this Rule.

(b)

Substantive Changes.

(i)

Prior to rule adoption, the District shall publish a notice of change (“Notice of Change”) if there is any substantive change, other than a technical change that corrects citations or grammatical, typographical or similar errors that do not otherwise affect the substance of the rule, to a proposed rule, including any material incorporated by reference, or to a SERC. The Notice of Change must address a summary of the change and shall be published in a newspaper of general circulation within the county or counties in which the District is located at least twenty-one (21) days prior to the intended action. The Notice of Change shall also be sent to those persons set forth in Section 5(C) of this Rule that have made requests

19

of the District for advance notice of its rulemaking proceedings. Any substantive change must be either be:

1.

Supported by the record of the public hearing held on the proposed rule;

2.

In response to written materials submitted to the District; or

3.

In response to an objection with the proposed rule by the District Board.

(ii)

After

rule adoption, a substantive change to a rule shall be

effectuated by initiating rulemaking as set forth in this Rule.

(7)

Withdrawal of Proposed Rules.

(a)

Prior to the adoption of a rule, the District may elect to withdraw the proposed rule in whole or in part. After a rule has become effective, the District may only amend or repeal the rule through initiating the rulemaking procedures set forth in this Rule.

(b)

Prior to the adoption of a rule, the District shall withdraw the proposed rule if the District has either failed to adopt such rule within one-hundred eighty
(180) days of the publication of the Notice of Rule Development required by Section 4 of this Rule or to approve a concise statement at least seven
(7) days prior to the conclusion of the one-hundred eighty (180) day timeframe identifying the reason for the delay, which may be supplemented quarterly until the District has adopted the proposed rule.

(c)

In the event of a withdrawal of a proposed rule, the District shall publish a notice (“Notice of Rule Withdrawal”) in a newspaper of general circulation within the county or counties in which the District is located, and shall provide notice to those persons set forth in Section 5(c) of this Rule that have made requests of the District for advance notice of its rulemaking proceedings.

(d)

Within fifteen (15) days after the end of each calendar quarter, the District shall compile and post on its website a list of each failure to publish a Notice of Rulemaking within the timeframe prescribed by Section 5(b) of this Rule, which list shall include the information set forth in Section 120.54(3)(d)(7) of the Florida Statutes. The District is only required to provide such posting in any calendar quarter(s) in which there is an actual failure to timely publish a Notice of Rulemaking, if any.

(8)

Rule Development Workshops.

20

(a)

Whenever requested in writing by any affected person, the District must conduct a rule development workshop prior to proposing rules for adoption for the purposes of rule development or information gathering for the preparation of the SERC, unless the Chairperson explains in writing why a workshop is unnecessary. The District may initiate a rule development workshop, but is not required to do so.

(b)

If a workshop is held, the District must ensure that the person(s) responsible for preparing the rule and the SERC, if applicable, are available to explain the District’s proposed rule and to respond to questions or comments regarding the rule being developed.

(c)

The notice of any workshop shall be published in a newspaper of general circulation within the county or counties in which the District is located at least fourteen (14) days prior to the workshop setting forth the following:

(i)

The place, date, and time of the workshop;

(ii)

The subject area that will be addressed; and

(iii)

The District Manager’s contact information.

(9)

Petitions to Initiate Rulemaking.

(a)

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. District staff shall forward a copy of the petition to the District’s Board within seven (7) days of its receipt.

(b)

If the petition is directed to an adopted rule, within thirty (30) days following the date of filing a petition, the District shall either i) initiate rulemaking proceedings, ii) otherwise comply with the requested action, or
iii) deny the petition with a written statement of its reasons for the denial.

(c)

If the petition is directed to an unadopted rule, within thirty (30) days following the date of filing a petition, the District shall either i) initiate rulemaking, or ii) set a public hearing to consider whether the public interest is served adequately by the application of the proposed rule on a case-by-case basis, as contrasted with its formal adoption as a rule.

(i)

If the District elects to hold a public hearing, notice of the public hearing (“Notice of Rulemaking Petition Public Hearing”) shall be published in a newspaper of general circulation within the county

21

or counties in which the District is located. The public hearing shall be held by the District within thirty (30) days after publication of the Notice of Rulemaking Petition Public Hearing.

(ii)

Not later than thirty (30) days following the date of the public hearing held pursuant to Section 9(c)(i) of this Rule, the District shall either i) initiate rulemaking proceedings, ii) otherwise comply with the requested action, or iii) deny the petition with a written statement of its reasons for the denial.

1.

If the District decides to initiate rulemaking it shall proceed with the rulemaking process as set forth in this Rule.

2.

If the District decides to not initiate rulemaking or otherwise comply with the requested action, the District shall publish a statement of its reasons for not initiating rulemaking or otherwise complying with the requested action and of any changes it will make in the scope or application of the unadopted rule (the “Notice of Denial of Rulemaking Petition”). The Notice of Denial of Rulemaking Petition shall be published in a newspaper of general circulation within the county or counties in which the District is located.

(d)

Nothing in this Rule shall be construed as requiring the District to adopt, amend, or repeal a rule as initiated by petition.

(10)

Public Hearing.

(a)

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 of Rulemaking, 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. When a public hearing is held, the District shall ensure that staff is available to explain the proposed rule and to respond to questions or comments regarding the proposed rule. 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.

(b)

The District shall publish notice of the public hearing (“Notice of Public Hearing”) in a newspaper of general circulation within the county or counties in which the District is located, either in the text of the Notice of Rulemaking or in a separate publication at least seven (7) days before the

22

scheduled public hearing. The Notice of Public Hearing shall include the following information:

(i)

The date, time, and location of the public hearing; and

(ii)

The name, address, and telephone number of the District contact person who can provide information about the public hearing.

(11)

Emergency Rule Adoption.

(a)

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 or if the Legislature authorizes the District to adopt emergency rules. 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.

(b)

At the time or prior to the adoption of an emergency rule, the District shall post on its website a notice regarding its adoption of the emergency rule (the “Notice of Emergency Rule”) which includes the specific facts and reasons for finding an immediate danger to the public health, safety, or welfare and its reasons for concluding that procedure used is fair under the circumstances. The Notice of Emergency Rule shall thereafter be promptly published in a newspaper of general circulation within the county or counties in which the District is located, and shall include the following information:

(i)

The full text of the rule(s); and

(ii)

The District’s findings of immediate danger, necessity, and procedural fairness or a citation to the grant of emergency rulemaking authority.

(c)

An emergency rule shall be effective immediately upon adoption by the District, or on a date less than twenty (20) days thereafter if specified in the emergency rule if the District finds that a later effective date is necessary because of immediate danger to the public health, safety, or welfare. An emergency rule may not be effective for a period of more than ninety (90) days after adoption and may not be renewable, unless the District has initiated rulemaking to adopt rules addressing the subject of the emergency rule and either i) a challenge to the proposed rules has been filed and remains pending or ii) the proposed rules are awaiting ratification by the Legislature, if applicable. Nothing in this paragraph prohibits the District from adopting a rule identical to the emergency rule through the non-emergency rulemaking procedures set forth in this Rule.

23

(i)

If an emergency rule is being renewed in accordance with Section 11(d) of this Rule, notice of the renewal of the emergency rule (the “Notice of Renewal of Emergency Rule”) shall be published before the expiration of the existing emergency rule. The Notice of Renewal of Emergency Rule shall be published in a newspaper of general circulation within the county or counties in which the District is located and shall include the specific facts and reasons for such renewal.

(ii)

For emergency rules with an effective period of longer than ninety
(90) days which are intended to replace an existing rule, the Rulemaking Record for the existing rule, as required by Section 13 of this Rule, shall specifically identify the emergency rule that is intended to supersede the existing rule as well as the date that the emergency rule was adopted by the District.

(d)

The

District may supersede an emergency rule in effect through the

adoption of another emergency rule before the superseded rule expires. The

District shall post on its website and publish a Notice of Emergency Rule, in accordance with Section 11(b) of this Rule, identifying the reason for adopting the superseding rule. The superseding rule shall not be in effect longer than the duration of the effective period of the superseded rule.

(e)

The District may make technical changes to an emergency rule within the first seven (7) days after the rule is adopted, and such changes shall be published in a Notice of Correction as set forth in Section 6(a) of this Rule.

(f)

The District may repeal an emergency rule before it expires by publishing a notice (“Notice of Repeal of Emergency Rule”) in a newspaper of general circulation within the county or counties in which the District is located. The Notice of Repeal of Emergency Rule shall include the following information:

(i)

The full text of the emergency rule and a summary thereof;

(ii)

The rule number; and

(iii)

A short and plain explanation as to why the conditions specified in the Notice of Emergency Rule no longer require the emergency rule.

(12)

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 within the county or counties in which the District is located.

24

(13)

Rulemaking Record. In all rulemaking proceedings, the District shall compile and maintain a rulemaking record (“Rulemaking Record”) which shall be on file with the District at least twenty-one (21) days prior to the proposed adoption date of the

rule.

The Rulemaking Record shall include, as applicable:

(a)

A copy of the rule;

(b)

Any material incorporated by reference in the rule;

(c)

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

(d)

Any SERC for the rule, if required by Section 120.54(3)(b)1. of the Florida Statutes or otherwise prepared, and any information created or used by the District in determining whether a SERC is required;

(e)

A statement of the extent to which the proposed rule relates to federal standards on rules on the same subject;

(f)

The Notice of Rule Development, Notice of Rulemaking, and notice(s) of any workshops held pursuant to Section 8 of this Rule; and

(g)

If an emergency rule is intended to supersede an existing rule, the emergency rule number and the date that the emergency rule was adopted by the District.

(14)

Petitions to Challenge Rules.

(a)

Any person substantially affected by a proposed or existing 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.

(i)

A petition alleging the invalidity of a proposed rule shall be filed within twenty-one (21) days after the date of publication of Notice of Rulemaking, within ten (10) days after the final public hearing is held on the proposed rule; within twenty (20) days after the SERC or revised SERC has been prepared and made available as provided in Section 120.541(1)(d) of the Florida Statutes, if applicable; or within twenty (20) days after the date of publication of the Notice of Rule Withdrawal required by Section 7(c) of this Rule.

(ii)

A petition alleging the invalidity of an existing rule may be filed at any time during which the rule is in effect.

(b)

The

petition seeking an administrative determination must state with

particularity the provisions alleged to be invalid with sufficient explanation

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of the facts or grounds for the alleged invalidity and facts sufficient to show that the person challenging a proposed or existing rule is substantially affected by it. A person who is not substantially affected by the proposed rule as initially noticed, but who is substantially affected by the rule as a result of a change, may challenge any provision of the resulting proposed rule.

(c)

The petition shall be filed with the District. Within ten (10) days after receiving the petition, or seven (7) days if the challenge relates to an emergency rule, 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 thirty
(30) days thereafter, or fourteen (14) days if the challenge relates to an emergency rule, 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.

(d)

At the hearing, 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.

(e)

Hearings held under this section shall be de novo in nature. For proposed rules, the petitioner has the burden to prove by a preponderance of the evidence that it would be substantially affected by the proposed rule, and the District has the burden to prove by a preponderance of the evidence that the proposed rule is not an invalid exercise of delegated legislative authority as to the objections raised. For existing rules, 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. During the hearing, the hearing officer may:

(i)

Administer oaths and affirmations;

(ii)

Rule upon offers of proof and receive relevant evidence;

(iii)

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

(iv)

Enter orders; and

(v)

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

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(f)

Within thirty (30) days after the hearing, or fourteen (14) days of the challenge relate to an emergency rule, the hearing officer shall render a decision and state the reasons therefor in writing. The hearing officer’s order shall be considered final agency action. The hearing officer may declare all or part of a proposed or existing rule invalid. For a proposed rule, the proposed rule or provision thereof declared invalid shall not be adopted unless the decision of the hearing officer is reversed on appeal. In the event part of a proposed rule is declared invalid, the District may, in its sole discretion, withdraw the proposed rule in its entirety. For an existing rule, the rule or part thereof declared invalid shall become void when the time for filing an appeal expires. In the event that a proposed or existing rule has been declared invalid in whole or part, the District shall promptly publish notice of such occurrence published in a newspaper of general circulation within the county or counties in which the District is located.

(15)

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:

(a)

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.

(b)

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:

(i)

The rule from which a variance or waiver is requested;

(ii)

The type of action requested;

(iii)

The specific facts that would justify a waiver or variance for the petitioner; and

(iv)

The reason why the variance or the waiver requested would serve the purposes of the underlying statute.

27

(c)

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.

(d)

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. The District shall maintain a record of the type and disposition of each petition filed.

(16)

Review of Adopted Rules.

(a)

By January 1, 2026, District staff shall prepare a report that summarizes the District’s existing rules anticipated to be reviewed during the current fiscal year, if any, and the recommended action on each rule (the “Existing Rule Review Report”). The Existing Rule Review Report shall be presented to the District’s Board at a noticed Board meeting as soon as practicable after preparation by District staff. District staff shall continue to annually prepare an updated Existing Rule Review Report by January 1 of each year until all District rules have been reviewed. The District is not bound to review its existing rules in accordance with the schedule set forth in an Existing Rule Review Report, but is required to complete the review of at least twenty (20%) percent of its existing rules per year until all existing rules have been reviewed in accordance with this Section. In any event, all existing rules of the District shall be reviewed by July 1, 2030.

(b)

Any new rule adopted after July 1, 2025, must be reviewed in the fifth year following adoption. Such review must be completed before the day that marks the sixth year since the adoption of the rule.

(c)

In conducting its rule review process, the District shall determine whether each rule:

(i)

Is a valid exercise of delegated legislative authority;

(ii)

Has current statutory authority;

(iii)

Reiterates or paraphrases statutory material;

(iv)

Is in proper form;

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(v)

Is consistent with expressed legislative intent pertaining to the specific provisions of law which the rule implements;

(vi)

Requires a technical or substantive update to reflect current use; and

(vii)

Requires updated references to statutory citations and incorporated materials.

(d)

By April 1 of each year in which a rule review is being undertaken, the District shall adopt a resolution evidencing the completion of rule review and authorizing one of the following actions relative to its rule review (the “Rule Review Resolution”):

(i)

If the District determines that no change is necessary, the District Rule Review Resolution shall include the following information:

1.

A copy of the reviewed rule;

2.

A written statement of its intended action; and

3.

Its assessment of factors specified in Section 16(c) of this Rule.

(ii)

If the District determines that one or more technical changes are necessary, the District Rule Review Resolution shall include the following information:

1.

A copy of the reviewed rule and the recommended technical change or changes coded by underlining new text and striking through deleted text;

2.

A written statement of its intended action;

3.

Its assessment of the factors specified in Section 16(c) of this Rule; and

4.

The facts and circumstances justifying the technical change or changes to the reviewed rule.

(iii)

If the District determines that the rule requires a substantive change, the District shall promptly initiate rulemaking in accordance with this Rule to make all changes, including any technical changes, and the District Rule Review Resolution shall include the following information:

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1.

A copy of the reviewed rule;

2.

The recommended change or changes coded by underlining new text and striking through deleted text;

3.

A written statement of its intended action; and

4.

Its assessment of factors specified in Section 16(c) of this Rule.

(iv)

If the District determines that the rule should be repealed, the District shall promptly initiate the repeal the rule in accordance with this Rule, and the District Rule Review Resolution shall include the following information:

1.

A written statement of its intended action; and

2.

Its assessment of factors specified in subsection 16(c) of this Rule.

(e)

The rule review is completed upon the District’s adoption of the Rule Review Resolution and, if there is a substantive change or repeal of a rule approved the Board, the timely commencement of the rulemaking or rule repeal process set forth in this Rule. Promptly after completion of the rule review, the District shall publish a notice of the completed rule review (“Notice of Completed Rule Review”) in a newspaper of general circulation within the county or counties in which the District is located. The Notice of Completed Rule Review shall identify the action taken by the District with respect to the reviewed rule.

(17)

Rates, Fees, Rentals and Other Charges. All rates, fees, rentals, or other charges shall be subject to rulemaking proceedings.

Specific Authority: §§ 190.011(5), 190.011(15), 190.035, Fla. Stat.
Law Implemented: §§ 120.54, 120.542, 120.5435, 120.56, 120.81(2), 190.011(5), 190.035(2), Fla. Stat.

30

Rule 3.0

Competitive Purchase.

(1)

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.

(2)

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.

(3)

Definitions.

(a)

“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.

(b)

“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.

(c)

“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.

(d)

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

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(e)

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

(i)

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

(ii)

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.

(f)

“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.

(g)

“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.

(h)

“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

32

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.

(i)

“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.

(j)

“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.

(k)

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

(l)

“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.

(m)

“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:

(i)

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

(ii)

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

(iii)

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

(n)

“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.

(o)

“Request for Proposals” or “RFP” is a written solicitation for sealed proposals with the title, date, and hour of the public opening designated and

33

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.

(p)

“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:

(i)

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

(ii)

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

(iii)

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

(iv)

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

(v)

The

recent,

current,

and

projected

workloads

of

the

entity/individual;

(vi)

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

(vii)

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

(viii)

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

(q)

“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

34

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.

35

Rule 3.1

Procedure Under the Consultants’ Competitive Negotiations Act.

(1)

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.

(2)

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:

(a)

Hold all required applicable state professional licenses in good standing;

(b)

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

(c)

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

(d)

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.

(3)

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 within the county or counties in which the District is located 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

36

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.

(4)

Competitive Selection.

(a)

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:

(i)

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

(ii)

Whether a consultant is a certified minority business enterprise;

(iii)

Each consultant’s past performance;

(iv)

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

(v)

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

(vi)

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

(vii)

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

(b)

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.

(c)

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.

37

(d)

Notice of the rankings adopted by the Board, including the rejection of some or all qualification packages, shall be provided in writing to all proposers by e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of the Board meeting where the proposals were evaluated if so provided for in the Request for Qualifications. 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.

(5)

Competitive Negotiation.

(a)

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.

(b)

In negotiating a lump-sum or cost-plus-a-fixed-fee professional contract for more than the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY FOUR, the firm receiving the award shall be required to execute a truth-in-negotiation certificate stating that “wage rates and other factual unit costs supporting the compensation are accurate,

complete and current at the time of contracting.”

In addition, any

professional service contract under which such a certificate is required, shall

contain a provision that “the original contract price and any additions thereto, shall be adjusted to exclude any significant sums by which the Board determines the contract price was increased due to inaccurate, incomplete, or noncurrent wage rates and other factual unit costs.”

(c)

Should the District be unable 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.

(d)

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

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(6)

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.

(7)

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

(8)

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.

39

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. “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. 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.

(1)

Establishment of Auditor Selection Committee. Prior to a public announcement under section (3) 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.

(2)

Establishment of Minimum Qualifications and Evaluation Criteria. Prior to a public announcement under section (3) 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.

(a)

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:

(i)

Hold all required applicable state professional licenses in good standing;

(ii)

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

40

(iii)

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

(iv)

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.

(b)

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

(i)

Ability of personnel;

(ii)

Experience;

(iii)

Ability to furnish the required services; and

(iv)

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.

(3)

Public Announcement. After identifying the factors to be used in evaluating the proposals for Auditing Services as set forth in section (2) 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 within the county or counties in which the District is located. The public announcement shall allow for at least seven (7) days for the submission of proposals.

(4)

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, which may be submitted either electronically or via hard copy as determined by the District and provided for in the RFP. For the avoidance of doubt, the Proposals shall not be required to be publicly opened at the date, time, and place provided for in the RFP relative to the submission of Proposals.

41

(5)

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 (2)(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.

(6)

Board Selection of Auditor.

(a)

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.

(b)

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.

(c)

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.

(d)

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

42

reasonable to satisfy the requirements of Section 218.39 of the Florida Statutes, and the needs of the District.

(7)

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)

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

(b)

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

(c)

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;

(d)

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.

(e)

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

(8)

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 e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of the Board meeting where the proposals were evaluated if so provided for in the RFP. 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.

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Rule 3.3

Purchase of Insurance.

(1)

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.

(2)

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

(a)

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

(b)

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

(c)

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.

(d)

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

(e)

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.

(f)

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

(g)

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

44

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.

(h)

Notice of the intent to award, including rejection of some or all bids, shall be provided in writing to all proposers by e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of the Board meeting where the proposals were evaluated if so provided for in the Invitation to Bid. 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.

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Rule 3.4

Pre-qualification

(1)

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.

(2)

Procedure.

When the District seeks to pre-qualify vendors, the following

procedures shall apply:

(a)

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

(b)

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.

(c)

The Request for Qualifications shall be advertised at least once in a newspaper of general circulation within the county or counties in which the project 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).

(d)

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 e-mail, United States Mail, hand delivery, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any pre-qualification determination or contract awarded in accordance with these Rules and shall not be a basis for a protest of any pre-qualification determination or contract award.

(e)

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.

46

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

(i)

Hold all required applicable state professional licenses in good standing;

(ii)

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

(iii)

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

(iv)

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.

(g)

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.

(h)

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.

(i)

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.

(j)

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.

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(k)

Notice of intent to pre-qualify, including rejection of some or all qualifications, shall be provided in writing to all proposers by e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of the Board meeting where the proposals were evaluated if so provided for in the Request for Qualifications. 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.

(2)

Suspension, Revocation, or Denial of Qualification

(a)

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:

(i)

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

(ii)

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.

(iii)

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.

(iv)

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

(v)

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

48

subject of a civil enforcement proceeding or settlement involving a public or semi-public entity.

(vi)

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

(vii)

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.

(viii)

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.

(ix)

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

(x)

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.

(xi)

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.

(xii)

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

1.

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.

2.

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

49

record as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere.

(b)

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.

(c)

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.

(d)

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

(e)

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:

(i)

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

(ii)

Unsafe conditions allowed to exist;

(iii)

Complaints from the public;

(iv)

Delay or interference with the bidding process;

(v)

The potential for repetition;

(vi)

Integrity of the public contracting process;

(vii)

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.

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Rule 3.5

Construction Contracts, Not Design-Build.

(1)

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.

(2)

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

(a)

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

(b)

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 county or counties 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 e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service.

(c)

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 e-mail, United States Mail, hand delivery, or 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.

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(d)

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.

(e)

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:

(i)

Hold all required applicable state professional licenses in good standing;

(ii)

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

(iii)

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

(iv)

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.

(f)

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

52

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.

(g)

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.

(h)

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.

(i)

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.

(j)

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.

(k)

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

53

with a recommendation that competitive negotiations be instituted with the selected firms in order of preference listed.

(l)

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses, shall be provided in writing to all proposers by e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of the Board meeting where the proposals were evaluated if so provided for in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. 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.

(3)

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.

(4)

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.

(5)

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.

(6)

Exceptions. This Rule is inapplicable when:

(a)

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

(b)

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;

(c)

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

54

(d)

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.

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Rule 3.6

Construction Contracts, Design-Build.

(1)

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:

(2)

Procedure.

(a)

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.

(b)

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.

(c)

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.

(i)

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.

(ii)

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:

56

1.

A Request for Proposals shall be advertised at least once in a newspaper of general circulation within the county in which the project 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.

2.

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 e-mail, United States Mail, hand delivery, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

3.

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

a.

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

b.

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

c.

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;

d.

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

57

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.

4.

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.

5.

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.

6.

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.

7.

Notice of the rankings adopted by the Board, including the rejection of some or all proposals, shall be provided in writing to all proposers by e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of

58

the Board meeting where the proposals were evaluated if so provided for in the Design Criteria Package. 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.

8.

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.

9.

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

10.

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.

(3)

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.

59

(4)

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.

(5)

Exceptions. This Rule is inapplicable when:

(a)

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

(b)

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;

(c)

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

(d)

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.

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Rule 3.7

Payment and Performance Bonds.

(1)

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.

(2)

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 shall require that the contractor, before commencing the work, execute and record a payment and performance bond, or other acceptable surety, in an amount equal to the contract price. Notwithstanding the terms of the contract or any other law, the District may not make payment to the contractor until the contractor has provided to the District a certified copy of the recorded bond.

(3)

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.

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Rule 3.8

Goods, Supplies, and Materials.

(1)

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.

(2)

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

(a)

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

(b)

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 or counties 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.

(c)

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 e-mail, United States Mail, hand delivery, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

(d)

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.

(e)

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:

(i)

Hold all required applicable state professional licenses in good standing;

(ii)

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

62

(iii) 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

(iv) 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.

(f)

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.

(g)

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

63

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.

(h)

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.

(i)

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.

(j)

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all proposers by e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of the Board meeting where the proposals were evaluated if so provided for in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. 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.

(k)

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

64

may include but is not limited to a direct purchase of the goods, supplies, and materials without further competitive selection processes.

(3)

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.

(4)

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.

(5)

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.

(6)

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.

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Rule 3.9

Maintenance Services.

(1)

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.

(2)

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

(a)

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

(b)

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 county or counties 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.

(c)

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 e-mail, United States Mail, hand delivery, to persons who provide their name and address to the District Manager for inclusion on the list. However, failure of a person to receive the notice shall not invalidate any contract awarded in accordance with this Rule and shall not be a basis for a protest of any contract award.

(d)

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.

(e)

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:

(i)

Hold all required applicable state professional licenses in good standing;

(ii)

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

66

(iii) 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

(iv) 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.

(f)

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.

(g)

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.

(h)

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

67

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

(i)

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.

(j)

Notice of intent to award, including rejection of some or all bids, proposals, replies, or responses shall be provided in writing to all proposers by e-mail (with a delivery and read receipt), United States Mail, hand delivery, or overnight delivery service. The District may alternatively post the notice of intent to award on its website at the conclusion of the Board meeting where the proposals were evaluated if so provided for in the Invitation to Bid, Request for Proposals, Invitation to Negotiate, or Competitive Solicitation. The notice shall include the following statement: “Failure to file a protest within the time prescribed in Rule 3.11 of the Rules of the District shall constitute a waiver of proceedings under those Rules,” or wording to that effect. Protests of the District’s procurement of maintenance services under this Rule shall be in accordance with the procedures set forth in Rule 3.11.

(k)

If less than three (3) Responsive Bids, Proposals, Replies, or Responses are received, the District may purchase the maintenance services or may reject the bids, proposals, replies, or responses for a lack of competitiveness. If no Responsive Bid, Proposal, Reply, or Response is received, the District may 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.

(3)

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.

(4)

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

(5)

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.

(6)

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.

68

Law Implemented: §§ 119.0701, 190.033, 287.017, Fla. Stat.

69

Rule 3.10

Contractual Services.

(1)

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.

(2)

Contracts; Public Records.	In accordance with Florida law, each contract for

Contractual Services shall include provisions contractor to comply with public records laws.

required

by

law

that

require

the

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

70

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.

(1)

Filing.

(a)

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.

(b)

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 or after posting on the District’s website if so provided for in 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 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.

(c)

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

71

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 and form 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.

(d)

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

(2)

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.

(3)

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 e-mail (with a delivery and read receipt), 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.

(4)

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:

(a)

Administer oaths and affirmations;

(b)

Rule upon offers of proof and receive relevant evidence;

(c)

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

72

(d)

Enter orders; and

(e)

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.

(5)

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.

(6)

Judicial Review. A party who is adversely affected by final District action is entitled to judicial review. Judicial review shall be sought in the county where the District is located. All proceedings shall be instituted by filing a notice of appeal or petition for review in accordance with the Florida Rules of Appellate Procedure within thirty (30) calendar days after the rendition of the decision being appealed. The filing of an appeal does not itself stay enforcement of the final District decision. Judicial review of any District action shall be confined to the record transmitted. The record for judicial review shall be compiled in accordance with the Florida Rules of Appellate Procedure. Failure to file a notice of appeal or petition for review within the time prescribed herein shall constitute a waiver of judicial review proceedings.

(7)

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

(8)

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: §§ 120.69(2)(a), 190.033, Fla. Stat.

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Rule 4.0

Effective Date.

These Rules shall be effective August 26, 2026, except that no election of officers required by these Rules shall be required until after the next regular election for the Board.

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

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Tab 9

FIRST ADDENDUM TO THE CONTRACT FOR
	DISTRICT MANAGEMENT SERVICES	

This First Addendum to the Contract for District Management Services (this “Addendum”), is made and entered into as of the 1st day of October, 2026 (the “Effective Date”), by and between Feed Mill Community Development District, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, located in Clay County, Florida (the “District”), and Rizzetta & Company, Inc., a Florida corporation (the “District Manager”).

RECITALS

WHEREAS, the District and the District Manager entered into the Contract for District Management Services dated June 25, 2024 (the “Contract”), incorporated by reference herein; and

WHEREAS, the District and the District Manager desire to amend Exhibit B -
Schedule of Fees section of the Contract as further described in this Addendum; and

WHEREAS, the District and the District Manager each has the authority to execute this Addendum and to perform its obligations and duties hereunder, and each party has satisfied all conditions precedent to the execution of this Addendum so that this Addendum constitutes a legal and binding obligation of each party hereto.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the District and the District Manager agree to the changes to amend the Schedule of Fees attached.

The amended Schedule of Fees are hereby ratified and confirmed. All other terms and conditions of the Contract remain in full force and effect.

IN WITNESS WHEREOF the undersigned have executed this Addendum as of the Effective Date.

(Remainder of this page is left blank intentionally)

2022-07-14 – RPS/SAB

2

Therefore, the District Manager and the District each intend to enter this Addendum, understand the terms set forth herein, and hereby agree to those terms.

ACCEPTED BY:

Rizzetta & Company, Inc.

BY:

PRINTED NAME:

 William J. Rizzetta	

TITLE:

 President	

DATE:

 	

Feed Mill Community Development District

BY:

PRINTED NAME:

TITLE:

 Chairman/Vice Chairman	

DATE:

 	

ATTEST:

Vice Chairman/Assistant Secretary Board of Supervisors

Print Name

Exhibit B – Schedule of Fees

2022-07-14 – RPS/SAB

3

Exhibit B

(1) Assessment Roll is to be billed in one lump-sum upon completion.

2022-07-14 – RPS/SAB

STANDARD ON-GOING SERVICES:
Standard On-Going Services will be billed in advance monthly pursuant to the following schedule:

MONTHLY	ANNUALLY

Management:	$1,802.50	$21,630

Administrative:	$360.50	$4,326

Accounting:	$1,648.00	$19,776

Financial Services & Revenue
Collections:	$409.00	$4,908
Assessment Roll: (1)	$5,000

Total Standard On-Going
Services:	$4,220.00	$55,640

4

ADDITIONAL SERVICES:

FREQUENCY

RATE

Extended and Continued Meetings Additional Meetings (includes meeting prep, attendance and drafting of minutes) Estoppel Requests (billed to requestor):
One Lot (on tax roll) Two+ Lots (on tax roll)
One Lot (direct billed by the District)
Two–Five Lots (direct billed by the District) Six-Ten Lots (direct billed by the District) Elevent+ Lots (direct billed by the District)
Long Term Bond Debt Payoff Requests Two+ Lots
Short Term Bond Debt Payoff Requests & Long Term Bond Debt Partial Payoff Requests
One Lot
Two – Five Lots Six – Ten Lots
Eleven – Fifteen Lots Sixteen+ Lots
Bond Amortization Schedules
Special Assessment Allocation Report True-Up Analysis/Report
Re-Financing Analysis Bond Validation Testimony
Bond Issue Certifications/Closing Documents Electronic communications/E-blasts
Special Information Requests Amendment to District Boundary Grant Applications
Escrow Agent
Continuing Disclosure/Representative/Agent Community Mailings
Response to Extensive Public Records Requests Litigation Support Services

Hourly

$ 400

Hourly

$ 400

Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence

$ 125
$ 150
$ 150
$ 200
$ 250
$ 300
$ 150/Lot Upon Request

Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Per Occurrence Hourly
Hourly Hourly Hourly Annually
Per Occurrence Hourly
Hourly

$ 150
$ 200
$ 300
$ 400
$ 500
$ 600
Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request Upon Request

2022-07-14 – RPS/SAB

PUBLIC RECORDS REQUESTS FEES:

Public Records Requests will be billed hourly to the District pursuant to the current hourly rates shown below:

JOB TITLE:	HOURLY RATE:
Director	$ 52.00
District Manager	$ 40.00
Accounting & Finance Staff	$ 28.00
Administrative Support Staff	$ 21.00

5

2022-07-14 – RPS/SAB

LITIGATION SUPPORT SERVICES:

Litigation Support Services shall be billed hourly to the District pursuant to the current hourly rates shown below:

JOB TITLE:	HOURLY RATE:
President	$ 500.00
Chief Financial Officer	$ 450.00
Vice President	$ 400.00
Controller	$ 350.00
Director	$ 300.00
Accounting Director	$ 300.00
Finance Manager	$ 300.00
Senior District Manager	$ 275.00
District Manager	$ 250.00
Amenity Services Manager	$ 250.00
Business Development Manager	$ 250.00
Landscape Inspection Services Manager	$ 250.00
Financial Analyst	$ 250.00
Senior Accountant	$ 225.00
Landscape Specialist	$ 200.00
Administrative Support Manager	$ 200.00
Senior Financial Associate	$ 200.00
Senior Administrative Assistant	$ 200.00
Staff Accountant II	$ 200.00
District Coordinator	$ 175.00
Administrative Assistant II	$ 150.00
District Compliance Associate	$ 150.00
Staff Accountant	$ 150.00
Financial Associate	$ 150.00
Administrative Assistant	$ 100.00
Accounting Clerk	$ 100.00
Client Relations Specialist	$ 100.00

FIRST ADDENDUM TO THE CONTRACT FOR
	PROFESSIONAL TECHNOLOGY SERVICES	

This First Addendum to the Contract for Professional Technology Services (this “Addendum”), is made and entered into as of the 1st day of October 2026 (the “Effective Date”), by and between Feed Mill Community Development District, a local unit of special purpose government established pursuant to Chapter 190, Florida Statutes, located in Clay County, Florida (the “District”), and Rizzetta & Company, Incorporated, a Florida corporation (the “Consultant”).

RECITALS

WHEREAS, the District and Consultant entered into the Contract for Professional Technology Services dated June 25, 2024 (the “Contract”), incorporated by reference herein; and

WHEREAS, the District and the Consultant desire to amend Exhibit B - Schedule of Fees of the Fees and Expenses, section of the Contract as further described in this Addendum; and

WHEREAS, the District and the Consultant each has the authority to execute this Addendum and to perform its obligations and duties hereunder, and each party has satisfied all conditions precedent to the execution of this Addendum so that this Addendum constitutes a legal and binding obligation of each party hereto.

NOW, THEREFORE, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the District and the Consultant agree to the changes to amend Exhibit B
- Schedule of Fees attached.

The amended Exhibit B - Schedule of Fees are hereby ratified and confirmed. All other terms and conditions of the Contract remain in full force and effect.

IN WITNESS WHEREOF the undersigned have executed this Addendum as of the Effective Date.

2021-07-27 – WJR/RPS

2

Therefore, the Consultant and the District each intend to enter this Addendum, understand the terms set forth herein, and hereby agree to those terms.

ACCEPTED BY:

Rizzetta & Company, Inc.

BY:

PRINTED NAME:

 William J. Rizzetta	

TITLE:

 President	

DATE:

 	

Feed Mill Community Development District

BY:

PRINTED NAME:

TITLE:

 Chairman/Vice Chairman	

DATE:

 	

ATTEST:

Vice Chairman/Assistant Secretary Board of Supervisors

Print Name

2021-07-27 – WJR/RPS

3

EXHIBIT B
Schedule of Fees

2021-07-27 – WJR/RPS

Standard On-Going Services will be billed in advance monthly pursuant to the following schedule:

MONTHLY

Website Compliance and Management:	$	110.00 Email (50 GB per user) at $20.00 per month per account:
Board Supervisor Account	0	x $20.00	$	00.00

Onsite Staff Account	0	x $20.00	$	00.00

Miscellaneous Account	0	x $20.00	$	00.00

Total Standard On-Going Services:	$	110.00

Tab 10

Annual Waterway Management Service Agreement
This Agreement made the date set forth below, by and between Florida Waterways, Inc., a Florida Corporation, hereinafter called “FLORIDA WATERWAYS”, and
Feed Mill CDD
c/o Rizzetta & Company
Attn: Lesley Gallagher, Senior District Manager 3434 Colwell Ave. Suite 200
Tampa, FL 33614

hereinafter called “CUSTOMER”. The parties hereto agree as follows:
1. FLORIDA WATERWAYS agrees to manage certain lake(s), pond(s), and/or waterway(s) in accordance with the terms and conditions of this Agreement for a period of twelve (12) months from the date of receipt in the following location:
Twelve (12) annual visits for treatment and/or inspection of nineteen (19) wet detention ponds as shown on Waterway Map

2. CUSTOMER agrees to pay FLORIDA WATERWAYS, its agents or assigns, each month the following sum for specified waterway management services:

Algae and Aquatic Vegetation Control (including Floating Vegetation) Shoreline Grass Control
Debris Removal Management Reporting
Triploid Grass Carp Stocking* w/ Included Permitting Assistance Water Quality & Chemistry Monitoring *
Florida Waterways 100% Control Guarantee
(Free Callback Service & Additional Treatments, if required)
Total Recurring Monthly Service Charges

$
$
$
$
$
$
$

 1660.00	
 INCLUDED	
 INCLUDED	
 INCLUDED	
 9.50/fish	
 INCLUDED	
 INCLUDED	

$

1660.00

*Services performed at FLORIDA WATERWAYS’ sole discretion for the success of the Waterway Management Services Agreement.

FLORIDA WATERWAYS agrees to commence Waterway Management Services within fifteen (15) business days, weather permitting, from the date of receipt of this executed Agreement plus initial deposit and/or issuance of required government permits.
The terms and conditions appearing on the reverse side form an integral part of this Agreement, and CUSTOMER hereby acknowledges that they have read and are familiar with the contents thereof. Agreement must be accepted in its entirety to be considered valid.
By:

FLORIDA WATERWAYS

CUSTOMER

Jim Schwartz
Email: Jim@FloridaPond.com
Proposal Date:	August 7, 2026	

Printed: 	

Dated:		

The offer contained herein is withdrawn and this Agreement shall have no further force and effect unless executed and returned by CUSTOMER to FLORIDA WATERWAYS within ninety (90) days from the effective Proposal Date.

www.FloridaLake.com

904.801.LAKE (5253)

Terms & Conditions

1)

The Algae and Aquatic Vegetation Control and Shoreline Grass Control Programs will be conducted in a manner consistent with Best Management Practices (BMPs) intended to prevent the stormwater management facility (SWMF) and associated control structures from becoming clogged or choked with vegetative or aquatic growth to such an extent as to render them inoperable. Control of vegetative and aquatic growth may take 30-90 days depending upon species, materials used and environmental factors.
FLORIDA WATERWAYS, in its sole discretion, will implement an Integrated Pest Management (IPM) Plan for CUSTOMERS site which may utilize chemical, mechanical-physical, biological and/or cultural procedures (as applicable) for controlling aquatic plants, including:

2)

Class I Prohibited Aquatic Plants listed by the Florida Department of Agriculture and Consumer Services as cited Rule 5B-64.011, F.A.C.
Category I & II Invasive Plant Species listed by Florida Exotic Pest Plan Council (FLEPPC)
These listed plants have a tendency to spread or become invasive in an ecosystem, sometimes in a rapid manner, so as to impair the ecosystem’s ability to function by altering its productivity, decomposition, water fluxes, nutrient cycling and loss, soil fertility, erosion, dissolved oxygen concentrations, or its ability to maintain its existing species diversity. These plants also have the ability to create dense, monospecific stands or monotypic stands which displace or destroy native plant habitat, destroy fish and wildlife habitats, inhibit water circulation, hinder navigation and irrigation, or severely restrict the recreational use of waterways.
Triploid grass carp stocking, if included, will be performed at stocking rates determined by FLORIDA WATERWAYS, within Florida Fish and Wildlife Conservation Commission permit guidelines. If deemed necessary, carp containment barriers will be coordinated with CUSTOMER at a rate of $45.00/SF. FLORIDA WATERWAYS designs and fabricates the industry’s best custom carp containment barriers out of welded aluminum construction. Barriers built by FLORIDA WATERWAYS are guaranteed to meet FWC’s specifications.
CUSTOMER agrees to provide adequate access to the SWMF, including boat access. Failure to provide boat access may require re-negation or termination of this Agreement. If, at time of treatment, access to the site has been restricted and FLORIDA WATERWAYS is unable to provide services, FLORIDA WATERWAYS reserves the right to impose a fuel surcharge as may be necessary.
CUSTOMER agrees that the system will be kept free of debris, trash, garbage, oils and greases, and other refuse. Included debris removal by FLORIDA WATERWAYS is limited to small, incidental litter that may accumulate within the SWMF. Removal of large debris resulting from intentional or unintentional dumping, vandalism, or weather events may result in additional service charges. Agreements that include debris removal shall consist of: Removal of casual trash such as cups, plastic bags and other man-made materials up to 20 lbs. during regularly scheduled service visits. Large or dangerous items such as biohazards and landscape debris will not be included.
Under the Shoreline Grass Control Program, FLORIDA WATERWAYS will treat border vegetation to the SWMF’s Normal Water Level (NWL) including, but not limited to torpedograss, cattails and other emergent vegetation such as woody brush and broadleaf weeds. Many of these species leave visible structure which may take several seasons to decompose. CUSTOMER is responsible for removing such structure if desired. CUSTOMER understands that during periods of prolonged drought, or due to a change in hydrological conditions, the SWMF’s water level may fall below the NWL elevation. Treatment of border vegetation below the NWL will be coordinated between CUSTOMER and FLORIDA WATERWAYS and may result in a service surcharge.
CUSTOMER understands that the full Contract Term is annual (12-months) and, that, for convenience, the Contract Price has been spread over a twelve-month period, and will be billed in equal monthly installments, and that individual monthly billings do not reflect the fluctuating seasonal costs of service.
FLORIDA WATERWAYS, in implementing the IPM, will use methods that protect or restore fish and wildlife habitat. CUSTOMER understands that some beneficial vegetation may be required in a body of water to maintain a balanced aquatic ecological system. When deemed necessary, FLORIDA WATERWAYS may plant and/or nurture certain variety of plants, which for various reasons, help to maintain ecological balance.
FLORIDA WATERWAYS shall maintain the following insurance coverage: a) Automobile Liability; b) Comprehensive General Liability;
c) comply with Florida’s Workers Compensation Law (FSS Chapter 420) statutory limits.
FLORIDA WATERWAYS agrees to hold CUSTOMER harmless from any loss, damage, or claims arising out of the sole negligence of FLORIDA WATERWAYS; however, FLORIDA WATERWAYS, shall in no event be liable to CUSTOMER, or others, for indirect special or consequential damages resulting from any cause whatsoever.
This Agreement may be terminated without cause by either party upon a 30-day written notice to the other party. However, such termination does not relieve CLIENT of its obligation to pay the full Contract Price for the entire Contract Term. Any unpaid balance of the Contract Price shall become immediately due and payable upon termination.
Upon completion of the term of this Agreement, or any extension thereof, this Agreement shall be automatically extended for a period equal to its original term unless terminated by either party. If required, FLORIDA WATERWAYS may adjust the monthly recurring service charge amount after the original term. FLORIDA WATERWAYS will submit written notification to CUSTOMER thirty (30) days prior to effective date of adjustment. If CUSTOMER is unable to comply with the adjustment, FLORIDA WATERWAYS shall be notified immediately in order to seek a resolution. If necessary, CUSTOMER may terminate this Agreement according to the procedure outlined in #11 above.
Should CUSTOMER become sixty (60) days delinquent, FLORIDA WATERWAYS may place the account on hold for non-payment and CUSTOMER will continue to be responsible for the monthly service charge even if the account is placed on hold. FLORIDA WATERWAYS reserves the right to impose a monthly service charge on past due balances and/or cancel the Agreement. Monthly interest will accrue on delinquent accounts at a rate of 1.5% per month. Service may be reinstated once the entire past due balance has been received in full, including interest. Should it become necessary for FLORIDA WATERWAYS to bring action for collection of monies due and owing under this Agreement, CUSTOMER agrees to pay collection costs, including, but not limited to reasonable attorney’s fees (including those on appeal) and court costs, and all other expenses incurred by FLORIDA WATERWAYS resulting from such collection action.

3)

4)

5)

6)

7)

8)

9)

10)

11)

12)

13)

www.FloridaLake.com

904.801.LAKE (5253)

Waterway Map

www.FloridaLake.com

904.801.LAKE (5253)

Cost Breakdown

www.FloridaLake.com

904.801.LAKE (5253)

Community

Ponds

Cost per Month

Cathedral Oak Parkway

8 Ponds

$525

Saratoga Sagebrooke

2 Ponds

$190

Saratoga Springs

9 Ponds

$945

100 Aquatic Drive
St. Augustine, FL 32084 Phone 904-880-1817
Fax – 904-880-1339
info@bluewaterjax.com

Aquatic Vegetation and Algae Management Proposal

Prepared for

Saratoga Springs CDD

Daniel E. McCormick
Freehold Communities
100 East Town Place, Suite 200 St. Augustine FL 32092
561-631-0697
dem@freeholdcommunities.com

August 18, 2026

Stormwater System Description:
Nineteen (19) waterways located throughout the Saratoga Springs Community. See site map.

Aquatic Vegetation Management Operations – Monthly Maintenance
Our Aquatic Management Plan is custom designed for the client. Each stormwater system exhibits a unique profile of topography, chemistry, and biological aspects which may vary widely through a single property.. Sediment types, subsurface water movement, depth, water chemistry, and excessive nutrient runoff will dictate the appropriate Best Management Practice for vegetation management and water quality.

Bioremediation - Pollutant Reduction / Removal & Control
Filamentous and Blue–Green Algae Control
Emergent Shoreline Weed and Grass Control
Submerged Aquatic Weed Control
Trash Removal within and along the waterway shoreline
Control Structure Monitoring to ensure proper drainage
Call-Back service for resistant plant species

Target Aquatic Vegetation Species:
Grasses: Torpedo Grass, Southern Water Grass, Invasive terrestrial Grasses Submerged Weeds:: Spike rush, Southern Naiad, Chara, and Nitella.
Shoreline Vegetation: Alligator weed, emergent Spikerush, Pennywort, and brush species.

Target Algae Species:
Includes: filamentous species, blue-green species, planktonic species, and cyanobacteria species.

Control Structure Monitoring: The out-fall, or control structure, leading from the waterway(s) to the
down-stream stormwater collection system will be monitored monthly for proper drainage. Blockages will be removed upon visitation.

Service Frequency:
Account requires one (1) visitation per month for maintenance and monitoring under normal environmental conditions. Additional treatments, if required, are inclusive.

Reporting: Service Reports to be delivered the day of service or as requested by client.

Bluewater Bioremediation – Pollutant Reduction Program

Denitrification and Nutrient Reduction: Denitrification is the conversion of nitrate (NO3-) to nitrogen gas (N2) or other nitrogen oxides (N2O and NO), thereby removing excess nitrates from the water column. Archaea, particularly those known as anaerobic ammonia-oxidizing (Anammox) archaea, are proficient in this process. Anammox archaea are capable of using nitrite as an electron acceptor to oxidize ammonia under anoxic conditions, producing molecular nitrogen (N2) as a byproduct. This mechanism effectively reduces the nitrate levels in the water, contributing to the restoration of a balanced nitrogen cycle in lake ecosystems. By harnessing the denitrification capabilities of archaea, it becomes possible to mitigate nitrogen pollution in lakes and improve water quality.
Organic Matter Consumption: Many types of archaea are involved in the decomposition of organic matter. They break down complex organic compounds into simpler molecules through processes like fermentation, thereby releasing nutrients and energy. Some archaea, known as methanogens, consume organic matter and produce methane as a byproduct. This decomposition of organic matter is essential for nutrient recycling and the regulation of carbon and energy flow in ecosystems.
Inorganic Matter Consumption: Archaea are also involved in the consumption and transformation of inorganic matter. For example, certain types of archaea play a role in nitrification, the oxidation of ammonia to nitrite and nitrate, or in denitrification, the reduction of nitrate to nitrite and nitrogen gas. These processes are vital for the conversion of essential nutrients in the environment, such as nitrogen and sulfur compounds. By consuming both organic and inorganic matter, archaea contribute to the biogeochemical cycling of nutrients, the breakdown of complex compounds, and the release of energy in various ecosystems.
Petroleum Remediation: The metabolic activities of hydrocarbonoclastic archaea result in the breakdown of petroleum products into simpler compounds. During storm events, petroleum products are washed from driveways and streets into the collective stormwater systems. This natural process of petroleum consumption by archaea offers a sustainable approach to mitigating the environmental impact of petroleum pollution. Archaea, known as hydrocarbonoclastic archaea, possess enzymes capable of degrading hydrocarbons present in petroleum products. These hydrocarbon-degrading archaea use hydrocarbons as a source of carbon and energy through a process known as aerobic or anaerobic oxidation. During aerobic oxidation, archaea use oxygen to break down hydrocarbons, while anaerobic archaea can carry out the degradation process in the absence of oxygen. This capability allows them to
thrive in diverse environments, including oil-contaminated soil, sediments, and water bodies.

Phosphate Uptake
1)- Cellular Absorption: Archaea assimilate inorganic phosphate (Pi) from the stormwater through specific transport proteins in their cell membranes. This phosphate is then utilized in metabolic pathways, such as energy production and the synthesis of nucleic acids and cellular structures.
2)- Energy Storage: Polyphosphate Accumulation: Archaea have the ability to convert inorganic phosphate into polyphosphate (long chains of phosphate groups). This process acts as a storage mechanism, allowing archaea to sequester excess phosphate when available and release it during periods of scarcity. Polyphosphate can serve as an energy source during cellular metabolism.
3)- Microbial Metabolism: In stormwater environments rich in organic matter, archaea can metabolize organic substrates. In doing so, they can utilize phosphate in the formation of ATP (adenosine triphosphate) through processes like oxidative phosphorylation or substrate-level phosphorylation, thus indirectly linking phosphate metabolism to energy generation.
4)- Co-metabolism: Archaea can synergistically interact with bacteria and other microorganisms in stormwater systems. For instance, bacteria may release phosphate as a byproduct of their metabolic processes, which archaea can then utilize. This cooperative interaction can enhance overall nutrient
cycling.

Controlling the overall water quality is essential for any aquatic management program due to the
fact nuisance algae and vegetation thrive on excessive nutrients. Natural water chemistry can play a big role with mineral and iron content, which will determine the effectiveness of conventional herbicides and algicides. Utilizing best management practices (BMP’s) which include biological control measures as an equal means to chemical control aids the overall health of the waterway while reducing pesticide usage to maintain aesthetics.

Aquatic Management Pricing and Billing Method

1] : Aquatic Management Program

$29,160.00 / Year

TOTAL SERVICES	>

$29,160.00 / Year

Aquatic vegetation and algae species will be chemically controlled monthly with the use of E.P.A. approved aquatic herbicides for the State of Florida. MSDS and Label information available for review. Bioremediation to reduce pollutants and excess nutrients via proprietary, non-pathogenic microbial formulations.

Payment Schedule:

Aquatic Management Program -> $29,160.00
( $2,430.00 billed monthly for 12 months )

This proposal is valid for thirty days from origination. Negotiations past the thirty day period may require reevaluation of the project that may affect the originally quoted pricing.

Blue Water Environmental of FLA., Inc. Representative:

Printed Name: John Pastore / Owner

Date: August 18, 2026

Acceptance of Proposal
The specifications and prices of the Aquatic Program (s) listed above are hereby accepted and agreed upon. You are authorized to commence the work as specified. Payments will be made as outlined.

Signature:	

Name:	

Date:	

The authorizing agent above is in full representation of;

Saratoga Springs CDD Clay County, Florida

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

Mrs. Lesley Gallagher
Feed Mill Community Development District 3434 Colwell Ave. Ste. 200
Tampa, FL 33614

August 6th, 2026

RE: Saratoga Springs - Feed Mill CDD Lake Maintenance RFP

Dear Mrs. Gallagher:

We greatly appreciate the opportunity to provide the following Feed Mill CDD lake maintenance proposal for your review and consideration. Our standard monthly water management program includes Twelve (12) treatments per year along with free callback service if there are ever any concerns that may require special attention. To ensure the success of our treatment program, there is a separate line item for an Annual sterile, triploid grass carp stocking which is an important addition as they continuously assist with vegetation control. Our fisheries manager will facilitate all barrier requirements and permitting through the FWC.

Given the new SJRWMD stormwater regulations and nutrient requirements, we wanted to mention available water chemistry analysis that can be ran at any time to help guide our treatment strategy and better understand nutrient loads or Harmful Algae Bloom (HAB) components which may contain Blue-Green algae or cyanobacteria. Our field technicians will be sure to provide detailed reports and document any potential compliance issues such as lake bank erosion, sedimentation, vegetation health, etc. We can assist the District with post-construction BMP Compliance through the SJRWMD as well.

Per the RFP and scope, our comprehensive program encompasses the following:





A minimum of twelve inspections and/or treatments, as necessary, for control and prevention of all invasive aquatic weeds/algae. Additional treatments that may be required are of no additional cost to the customer.
Assistance with FWC Permitting, barriers and stocking of triploid grass carp for biological control of underwater weeds. Contingent on permitting approval, seasonal availability, customer purchase approval.
All water management services provided by State Certified, experienced and highly trained field biologists.
The use of the latest aquatic technology, specialized equipment and sound, sensible environmental management techniques. The use of EPA approved and effective herbicides, algaecides and bioremediation products in strict compliance with State and Federal environmental guidelines.
Preservation of beneficial aquatic plants to create and maintain an ecologically balanced aquatic system.
Monthly Aquatic Management Reporting, Annual lake assessment report and periodic management QC inspections. Complete insurance coverage including General Liability, Automotive and Workers Compensation.
Free Call-Back Service providing response within 24 hrs. & 48 hrs. on site max. response time in case of emergency. Water quality testing and analysis for routine parameters as needed for the success of the treatment program.
Optional Water Chemistry Analysis with Harmful Algae Bloom (HAB) Panel including: TN, TP, Cyanobacteria, Microcystin, etc Family Owned & Operated Since 1979 with full support from our experienced staff: Branch Mgr. - Mike Clark. Field Mgrs. -Eric Williams & Matt Lewis. Fisheries Mgr. - Don Koontz. Admin. Professional - Rachel Bond. Fountain Mgr. - John Richardson

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

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The above program is designed to provide you with clean, healthy lakes which will cost effectively fulfill their intended beauty, real estate value, recreational and drainage function. We look forward to the opportunity of working for you and the homeowners of Saratoga Springs - Feed Mill CDD.

Respectfully,
Jesse E. Mason, Sales Manager (904)228-8006

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

Water Management Agreement
This Agreement, made this 	day of 	20	is between The Lake Doctors, Inc., a Florida corporation(“the Company”) and the following “Customer”

PROPERTY NAME (Community/Business/Individual)	

MANAGEMENT COMPANY	

INVOICING ADDRESS 	

CITY 	STATE 	ZIP 	PHONE (

) 	

EMAIL ADDRESS 	

The parties hereto agree to follows:

A.	The Company agrees to manage certain lakes and/or waterways for a period of Twelve (12) months from the date of execution of this Agreement in accordance with the terms and conditions of this Agreement in the following location(s): Saratoga Springs/Feed Mill CDD.

***Contingent upon sufficient easement access for ingress/egress of treatment truck, boat and equipment. +Triploid grass carp stocking contingent upon FWC permit approval; seasonal supplier availability. Treatments included for spikerush, cyanobacteria & planktonic algae.

B.	Customer agrees to pay the Company the following sum for specified aquatic management services:

$1,945.00 of the above sum-total shall be due and payable upon execution of this Agreement; the balance shall be payable in advance in monthly installments of $1,945.00 plus any additional costs such as sales taxes, permitting fees, monitoring, reporting, water testing and related costs mandated by any governmental or regulatory body related to service under this Agreement.

The Company uses products which, in its sole discretion, are intended to provide effective and safe results.
The Company agrees to commence treatment within thirty (30) days, weather permitting, from the date of receipt of this executed Agreement plus initial deposit and/or required government permits.
The offer contained herein is withdrawn and this Agreement shall have no further force and effect unless executed and returned by Customer to the Company on or before September 7th, 2026.
The Terms and Conditions appearing on the reverse side form an integral part of this Agreement, and Customer hereby acknowledges that it has read and is familiar with the contents thereof.

THE LAKE DOCTORS, INC.

CUSTOMER:

Signed 	Date 	

Name 	

Jesse E. Mason, Sales Manager

1.

Underwater, Floating Vegetation and Algae Control Program

$ 1,945.00 Monthly

2.

Shoreline Grass and Brush Control Program

$ INCLUDED

3.

Free Callback Service 24 hrs.; Additional Treatments, if required within 48 hrs.

$ INCLUDED

4.

Routine Trash and Debris Removal, during regular scheduled visits

$ INCLUDED

5.

Construction Debris, Large Items, Emergency Response i.e. Fish Kills

$ 150.00 Hourly

6.

Permitting and Annual Stocking of (150) Sterile, Triploid Grass Carp (10” – 12”) +

$ 2,600.00 Upon Stocking

7.

Monthly Detailed Service Reports; Management QC Inspections; Annual Lake Assessment

$ INCLUDED

8.

Routine Water Testing and Analysis (Dissolved Oxygen, pH, Turbidity, etc.) as needed

$ INCLUDED

9.

Full Water Chemistry Analysis including Harmful Algae Bloom (HAB) Panel for Cyanotoxins, etc. $350 per sample; bulk sample rates may apply (sample report below)

$ UPON REQUEST

10.

Larvicide Applications for Aquatic Midge Control; $100.00/Acre during scheduled service

$ UPON REQUEST

11.

Assistance with BMP Compliance according to ERP 97858-14 & SJRWMD Regulations

$ INCLUDED

Total of Services Accepted

$ 1,945.00 Monthly

(8) PONDS CATHEDRAL PKWY. (SMF-03A/B; SMF-05/06; FCC Pond 2, 3, 4, & 5) 08/26 START

$ 770.00 Monthly

(2) PONDS SARATOGA SAGEBROOKE PHASE 4A (SMF-G-01 & 2)

08/26 START

$ 280.00 Monthly

(6) PONDS SARATOGA SPRINGS PHASE 1A (SMF-B-11 & SMF-B-13-17) 08/26 START

$ 895.00 Monthly

(3) PONDS PHASE 1A (SMF-B-9,10 & 12)

02/27 START

$ 375.00 Monthly

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

TERMS AND CONDITIONS
The Underwater and Floating Vegetation Control Program will be conducted in a manner consistent with good water management practice using the following methods and techniques when applicable.

1)

a)
b)
c)

Periodic treatments to maintain control of noxious submersed, floating and emersed aquatic vegetation and algae. Customer understands that some beneficial vegetation may be required in a body of water to maintain a balanced aquatic ecological system.
Determination of dissolved oxygen levels prior to treatment, as deemed necessary, to ensure that oxygen level is high enough to allow safe treatment. Additional routine water analysis and/or bacteriological analysis may be performed if required for success of the water management program.
Where applicable, treatment of only one-half or less of the entire body of water at any one time to ensure safety to fish and other aquatic life. However, the Company shall not be liable for loss of any exotic or non-native fish or vegetation. Customer must also notify the Company in writing if any exotic fish exist in lake or pond prior to treatment.
Customer understands and agrees that for the best effectiveness and environmental safety, materials used by the Company may be used at rates equal to or lower than maximum label recommendations.
Triploid grass carp stocking, if included, will be performed at stocking rates determined the Florida Fish and Wildlife Conservation Commission permit guidelines.
Customer agrees to provide adequate access. Failure to provide adequate access may require re-negotiation or termination of this Agreement. Control of some weeds may take 30-90 days depending upon species, materials used and environmental factors.
When deemed necessary by the Company and approved by Customer, the planting and/or nurturing of certain varieties of plants, which for various reasons, help to maintain ecological balance.

d)
e)
f)
g)
h)

2)

Under the Shoreline Grass and Brush Control Program, the Company will treat border vegetation to the water’s edge including, but not limited to torpedograss, cattails, and other emergent vegetation such as woody brush and broadleaf weeds. Many of species take several months or longer to fully decompose. Customer is responsible for any desired physical cutting and removal.
Customer agrees to inform the Company in writing if any lake or pond areas have been or are scheduled to be mitigated (planted with required or beneficial aquatic vegetation). the Company assumes no responsibility for damage to aquatic plants if Customer fails to provide such information in a timely manner. Emergent weed control may not be performed within mitigated areas, new or existing, unless specifically stated by separate contract or modification of this Agreement. Customer also agrees to notify the Company, in writing, of any conditions which may affect the scope of work and Customer agrees to pay any resultant higher direct costs incurred.
If services specify trash/debris removal, the Company will perform the following: removal of casual trash such as cups, plastic bags and other man-made materials up to a 5 gallon bucket but only during regularly scheduled service visits. Large or dangerous items such as biohazards and landscape debris will not be included.
Customer agrees to reimburse the Company for all processing fees for registering with third party companies for compliance monitoring services and/or invoicing portal fees. Fees will be reimbursed via an additional invoice per the Company’s discretion.
If at any time during the term of this Agreement, Customer reasonably believes the Company is not performing in a satisfactory manner, or in accordance with the terms of this Agreement, Customer shall give the Company written notice stating with particularity the reasons for Customer’s dissatisfaction. The Company shall investigate and attempt to address Customer’s concerns. If, after 30 days from the giving of the original notice, Customer continues to reasonably believe the Company’s performance is unsatisfactory, Customer may terminate this Agreement by giving written notice (“Second Notice”) to the Company and paying all monies owing to the effective date of termination, which shall be the last day of the month in which the Second Notice is received by the Company. Customer may not terminate this Agreement before the end of the term except for cause in accordance with this paragraph.
If Customer discontinues or terminates service under this Agreement except for cause in accordance with paragraph 6, Company shall be entitled to collect as an early termination fee, and not as a penalty, an amount equal to, the lesser of, three (3) times the monthly service fee, or the number of months remaining in the term multiplied by the monthly service fee. The Company may declare the termination fee owed in a single payment due within ten (10) days of written demand.
Federal and State regulations require that various water time-use restrictions be observed during and following some treatments. The Company will notify Customer of such restrictions. It is Customer’s responsibility to observe the restrictions throughout the required period. Customer understands and agrees that, notwithstanding any other provision of the Agreement, the Company does not assume any liability for failure by any party to be notified of, or to observe, such regulations or restrictions.
The Company shall maintain the following insurance coverage and limits: (a) Workman’s Compensation with statutory limits; (b) Automobile Liability; (c) Comprehensive General Liability, including Pollution Liability, Property Damage, Completed Operations and Product Liability. A Certificate of Insurance will be provided upon request. A Certificate of Insurance naming Customer as “Additional Insured” may be provided at Customer’s request. Customer agrees to pay for any additional costs of insurance requirements over and above the standard insurance provided by the Company.
The Company agrees to indemnify, defend and hold harmless Customer from and against any and all liability for any loss, injury or damage, including, without limitation, all costs, expenses, court costs and reasonable attorneys’ fees, imposed on Customer by any person caused by or that results from the gross negligence or willful misconduct of the Company, its employees or agents. Customer hereby agrees to indemnify, defend and hold the Company harmless from and against any and all liability for any loss, injury or damage, including, without limitation, all costs, expenses, court costs and reasonable attorneys’ fees, imposed on the Company by any person whomsoever that occurs on or about Customer’s premises, except for any such loss, injury or damage that is caused by or results solely from the gross negligence or willful misconduct of the Company its employees or agents.
IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO
LOST PROFITS, SAVINGS OR REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Customer agrees that the Company’s liability under this Agreement shall be limited to six (6) times the monthly fee, which amount shall be Customer’s maximum remedy regardless of the legal theory used to determine that the Company is liable for the injury or loss (including, without limitation, negligence breach of contract breach of warranty and product liability).
Neither party shall be responsible for damages, penalties or otherwise for any failure or delay in performance of any of its obligations hereunder caused by strikes, riots, war, acts of God, accidents, governmental orders and regulations, curtailment or failure to obtain sufficient material, or other force majeure condition (whether or not of the same class or kind as those set forth above) beyond its reasonable control and which, by the exercise of due diligence, it is unable to overcome. Should the Company be prohibited, restricted or otherwise prevented or impaired from rendering specified services by any condition, the Company shall notify Customer of said condition and of the excess direct costs arising therefrom. Customer shall have thirty (30) days after receipt of notice to notify the Company in writing of any inability to comply with excess direct costs as requested by the Company.
Customer warrants that it is authorized to execute this Agreement on behalf of the riparian owner If a legal entity, the person executing this Agreement on behalf of Customer represents that Customer is duly organized and existing, and is in good standing, under the laws of the jurisdiction of its organization and that execution, delivery, and performance of this Agreement has been duly authorized by all appropriate corporate action
The Company covenants to perform and complete the services hereunder in a timely, competent and workmanlike manner and in accordance with the specifications and requirements set forth in this Agreement. THE COMPANY HEREBY EXPRESSLY DISCLAIMS, AND CUSTOMER HEREBY WAIVES, RELEASES AND RENOUNCES, ALL OTHER WARRANTIES AND CLAIMS EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, WITH RESPECT TO SERVICES OR PRODUCTS PROVIDED BY THE COMPANY.

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Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

15)

Customer understands that, for convenience, the annual cost of service is spread over a twelve-month period and that individual monthly billings do not reflect the fluctuating seasonal costs of service. If the Company permits Customer to temporarily put its account activity on hold, an additional start-up charge may be required due to aquatic re-growth.
The Company agrees to hold Customer harmless from any loss, damage or claims arising out of the sole negligence of the Company. However, the Company shall in no event be liable to Customer or others for indirect, special or consequential damages resulting from any cause whatsoever.
Upon completion of the term of this Agreement, or any extension thereof, this Agreement shall be automatically extended for a period equal to its original term unless terminated by either party by written notice delivered prior to the end of the term. The Company may adjust the monthly investment amount after the original term to reflect any changes to cost of materials, inputs, and labor. The Company will submit written notification to Customer 30 days prior to effective date of adjustment. If Customer is unable to comply with the adjustment, the Company shall be notified immediately in order to seek a resolution. The Company may cancel this Agreement for any reason upon 30-day written notice to Customer.
Should Customer become delinquent, the Company may place the account on hold for non-payment and Customer will continue to be responsible for the continuing monthly amount even if the account is placed on hold. The Company may, at its sole discretion, choose to suspend services and charge the Customer 25% of the monthly equivalent invoice amount for three (3) consecutive months, herein referred to as the Credit Hold Period, or until Customer pays all invoices due, whichever comes earlier. Regular Service may be reinstated once the entire past due balance has been received in full. Should the Customer remain delinquent at the end of the Credit Hold Period, Company shall be entitled to bring action for collection of monies due and owing under this Agreement. Customer agrees to pay collection costs, including, but not limited to, reasonable attorneys fee (including those on appeal) and court costs, and all other expenses incurred by the Company resulting from such collection action. The Company reserves the right at any time to charge interest on unpaid amounts at the rate of eighteen percent (18%) per year. Customer hereby irrevocably submits to the exclusive personal jurisdiction of the state and federal courts of Duval County, Florida for the adjudication of all disputes or questions hereunder.
This Agreement constitutes the entire agreement of the parties hereto and shall be valid upon acceptance by the Company Corporate Office. No oral or written alterations or modifications of the terms contained herein shall be valid unless made in writing and accepted by an authorized representative of both the Company and Customer. This Agreement is assignable by Customer only with the prior written consent of the Company.

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MEET OUR TEAM
OUR JACKSONVILLE BRANCH HAS 25+ LICENSED AQUATIC TECHNICIANS, FIELD AND SALES MANAGEMENT TEAM, FISHERIES MANAGER, AUTHORIZED FOUNTAIN SERVICE DEPARTMENT AND DEDICATED ADMINISTRATIVE PROFESSIONAL.

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

TREATMENT MAPS

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

SMF-03A

SMF-03B

SMF-G-01

SMF-G-02

SMF-B-09

SMF-B-10

CURRENT CONDITIONS

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

SMF-B-11

SMF-B-12

SMF-B-13

SMF-B-16

SMF-B-17

SMF-06

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

SAMPLE AQUATICS 5A COMMERCIAL APPLICATORS LICENSE

REFERENCES: (COMMUNITIES COMPARABLE IN SCALE)

ALTA LAKES CDD (19 LAKES)
BENJAMIN PFUHL | bpfuhl@rizzetta.com

JOHNS CREEK / BRANDY CREEK CDD  (11 PONDS)
JIM MASTERS | jmasters@vestapropertyservices.com

AMELIA ISLAND PLANTATION COMMUNITY ASSN. (9 LAKES)
JACK BARNES | jbarnes@aipca.net

JULINGTON CREEK PLANTATION CDD
JEFF BRANCH |  jbranch@jcpcdd.org

ANABELLE ISLAND CDD (12+ LAKES)
FREDDIE OCA |  foca@gmsnf.com

MARSH CREEK COUNTRY CLUB (34 LAKES)
PATTY CRUM | marshcreek@lelandmanagement.com

BARTRAM SPRINGS CDD (32 LAKES)
TERRY GLYNN | tglenn@gmsnf.com

MIDDLE VILLAGE CDD (13 LAKES)
JAY SORIANO | jsoriano@gmsnf.com

BOGGY BRANCH CDD (8+ LAKES)
MIKE VEAZEY |  mveazey@icihomes.com

OAKLEAF PLANTATION CDD (23 LAKES)
JAY SORIANO | jsoriano@gmsnf.com

CROSSINGS AT FLEMING ISLAND CDD (115 LAKES)
STEVE ANDERSEN | sandersen@eagleharborcdd.com

SAMPSON CREEK CDD / ST. JOHNS G&CC (29 LAKES)
STEPHANIE TAYLOR | staylor@vestapropertyservices.com

FLORA PARKE HOA (19 LAKES)
ROB FOUST | robfoust@frontier.com

SOUTH VILLAGE CDD / EAGLE LANDING GC (32 LAKES)
SEAN BIGGS | sbiggs@troon.com

FLEMING ISLAND PLANTATION CDD (54 LAKES)
MARGARET ALFANO | malfano@vestapropertyservices.com

TAMAYA/BEACH CDD (22 LAKES)
RON ZASTROCKY |  rzastrocky@vestapropertyservices.com

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

SAMPLE WORK ORDER

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

SAMPLE WATER CHEMISTRY REPORT

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

Corporate Office
4651 Salisbury Rd, Suite 155
Jacksonville, FL 32256
(904) 431-3914

FUTURE HORIZONS, INC

3878 Prospect Ave Suite 23, Piviera Beach, FL 33404

P.0 Box 1115 Hastings, FL 3214$

August 3, 2026

QUOTATION

deiii/‹^i t1eeho1dcoininunities.com

TO:

Dan McCormick Freehold Communities Feed Mill CDD Saratoga Springs

AQUATIC WEED CONTROL

Description

Price

Phase 1A	Lakes #2, 4, 5, 6, 8, 8A (approx. 18 ac)	$608.40/month ($7,300.80/annual) Lakes #1, 3 & 7 (approx 7 ac-not complete-to be added later) $236.60/mtb ($2,839.20 annual) Future Horizons, Inc will implement and maintain a monthly aquatic plant management program for nine ponds (approx. 25 acres) located at Feed Mill CDD. Future Horizons, Inc. will provide all labor, equipment, herbicides and technology to control all emergent, submersed, floating aquatic vegetation and algae. Trash pickup included.

Phase 4A

$270/montb ($3,240/annual)

future Horizons, Inc will implement and maintain a monthly aquatic plalit management program for two ponds (approx. 8 acres) located at Feed Mill CDD. Future Horizons, Inc. will pi ovide all labor,

equipment, herbicides and technology to control all emergent, submersed, floating aquatic vegetation and algae. Trash pickup included.

Cathedral Oaks Parkwav

$304/month f$3,648/annual)

Future Horizons, Inc will implement and maintain a monthly aquatic plant management program for four

ponds (approx. 9 acres) located at Feed Mill CDD. Future Horizons. Inc. will provide all labor, equipment, herbicides and technology to control all emergent, submersed, floating aquatic vegetation and algae. Ti'ash pickup included.

* I 0-12" carp stocked at a rate of $18 each, delivered.
*Carp barriers are built at an approximate amount of $425 per water control structure depending
on size.
*Mosquito fish stocked at a rate of 3,000 per acre/$150 per 1,000
*Water chemistry testing is $150 per sample and performed by an independent, certified lab.
*Treatment reports will be sent at the end of each month along with the billing.

50% of the price will be required prior to stiirting the project. ri	‹hiser S0°Z‹ will be due iipoit completion
*Credit card transactions over $ 1.000.00 ›i'ill incur a 5% Processing Fee. Quote is orile' good ft›r thirtj (30) daj s from date.

FUTURE HORIZONS, INC.

X 	

hris Railing
Vice-President, Operation and Sales

Sliould le gal servie-es hec‹une ilecessai) in colleelton of'111c o utslaiiding de1 t of this contrac t, it ›vould hec oine flic ftilanc ral ohligalion of lhe propose J c lienl.

P {800) 682—1187

r (904) 6°.2—1193

r info6 futurehorizonsinc.com

Tab 11

LICENSE AGREEMENT BY AND BETWEEN
SARATOGA SAGEBROOKE HOMEOWNERS ASSOCIATION, INC. AND THE FEED MILL COMMUNITY DEVELOPMENT DISTRICT REGARDING PROVISION OF MAINTENANCE SERVICES FOR ASSOCIATION LAKES

This License Agreement (“License Agreement”) is made and entered into this 	 day of 	, 2026, by and between:

Saratoga Sagebrooke Homeowners Association, Inc., a Florida not-for-profit corporation, with an address of 100 East Town Place, Suite 200, Saint Augustine, Florida 32092 (the “Association”); and

Feed Mill Community Development District, a local unit of special-purpose government established pursuant to Chapter 190, Florida Statutes, located in Clay County, Florida (the “Licensee” or “District”).

RECITALS

Whereas, the Association owns certain stormwater management lakes and real property (“Association Property”), which Association Property is within the boundaries of the District; and

Whereas, the District is the intended permittee under the Operation and Maintenance Permit (“O&M Permit”) issued by the St. Johns River Water Management District (“SJRWMD”) covering the Association Property; and

Whereas, the District intends to undertake the operation, maintenance, and repair of the Association Property (the “Services”); and

Whereas, the Association wishes to facilitate the Services pursuant to the terms set forth in this License Agreement; and

Whereas, the District and the Association warrant and agree that they have all right, power, and authority to enter into and be bound by this License Agreement.

Now, therefore, based upon good and valuable consideration and the mutual covenants of the parties, the receipt of which and sufficiency of which is hereby acknowledged, the District and the Association agree as follows:

1.

Incorporation Of Recitals. The Recitals stated above are true and correct

and are incorporated herein as a material part of this License Agreement.

2.

Grant of Maintenance License.

The Association hereby grants to the

District a non-exclusive license (“License”) to enter upon and conduct Services on Association Property, as more specifically depicted in Exhibit A, attached hereto and incorporated by reference herein.

3.

Conditions on the License.	The License granted herein is subject to the

following terms and conditions:

A.

District’s access to Association Property under this License Agreement is

limited to those certain non-exclusive easements dedicated to the District via the plat for Saratoga Springs Phase 4A, as recorded in the Clay County Official Records at Plat Book 79, Pages 1 through 22, inclusive.

B.

The District shall use all due care to protect the property of the

Association, its residents, and landowners from damage. The District shall repair

any damage resulting from the provision of Services within a reasonable time. The Association is not responsible for the cost of repairs from damage resulting from the acts or omissions of the District or its officers, employees, contractors, or agents.

C.

The District shall be solely responsible for any and all costs or fees

associated with the Services.

D.

The District’s use shall not interfere with the operation of the Association

Property as an improvement and shall not be used in a manner that violates

governmental rules and regulations.

E.

The Association may enter into separate agreements with the District for

the installation and maintenance of fountains within Association Property. The

Association and individual property owners remain solely responsible for any damage they may cause to the Association Property.

4.

Effective Date; Term. This License Agreement shall become effective on the

date first written above (the “Effective Date”) and shall continue in full force and effect until revoked or terminated in accordance with Section 5 herein.

5.

Revocation, Suspension  and  Termination.

Both  the  District  and

Association may terminate this License Agreement upon thirty (30) days’ written notice to the other party. The provisions of Sections 7, 9, and 10 shall survive any revocation, suspension, or termination of this License Agreement.

6.

Compliance with Laws, Rules and Policies. The District shall comply at

all times with applicable federal, state, and local laws, statutes, rules, and regulations governing the provision of Services, including but not limited to the requirements of the O&M Permit.

7.
property of

Care of Property.	The District agrees to use all due care to protect the the Association, its residents, and landowners from damage.	The District shall

assume responsibility for any and all damage to any real or personal property of the Association

or any third parties as a result of the District’s activities under this License Agreement, including

any damage caused by its authorized representatives or contractors, subject to the limitations set forth in Section 9. The District shall repair any damage resulting from its operations under this License Agreement within a reasonable time and shall use its best efforts to make such repairs within twenty-four (24) hours. Any such repairs shall be at District’s sole expense, unless otherwise agreed in writing by the Association. The provisions of this Section 7 shall survive termination of this License Agreement.

8.

Insurance. The District and the Association shall each, at their own expense,

maintain insurance during the term of this License Agreement.	No policy may be canceled

during the term of this License Agreement without at least thirty (30) days’ written notice to the other party.

9.

Limitations  on  Governmental  Liability.

Nothing  in  this  License

Agreement shall be deemed as a waiver of the District’s sovereign immunity or the District’s limits of liability as set forth in Section 768.28, Florida Statutes, or other applicable statute, and nothing in this License Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would otherwise be barred under such limitations of liability or by operation of law. The provisions of this Section 9 shall survive termination of this License Agreement.

10.  Recovery  of  Costs  and  Fees.  In the event that either party is required to enforce this License Agreement by court proceedings or otherwise, then the prevailing party shall be entitled to recover from the non-prevailing party all fees and costs incurred, including reasonable attorneys' fees and costs incurred at both the trial and appellate levels. The provisions of this Section 10 shall survive termination of this License Agreement.

11.

Default. A default by either party under this License Agreement shall entitle

the other party to all remedies available at law or in equity, which include, but are not limited to, the right to damages (subject to Section 9 hereof), injunctive relief, and specific performance.

12.

Entire Agreement.  This instrument shall constitute the final and complete

expression of the agreement between the parties relating to the subject matter of this License Agreement. Nothing contained in this License Agreement shall be deemed or construed to create a partnership, joint venture, or agency relationship between the parties. Neither party shall have the authority to bind the other or to incur any obligation on behalf of the other party.

13.

Amendment. Amendments to and waivers of the provisions contained in this

License Agreement may be made only by an instrument in writing which is executed by both of the parties hereto.

14.

Assignment.	Neither the District nor the Association may assign its rights,

duties, or obligations under this License Agreement without the prior written approval of the other party. Any purported assignment without said written approval shall be void.

15.

Notices. All notices, requests, consents, and other communications hereunder

(“Notices”) shall be in writing and shall be delivered, mailed by overnight courier or First Class Mail, postage prepaid, to the parties as follows:

A.

If to the District:

Feed Mill Community Development District 3434 Colwell Avenue, Suite 200
Tampa, Florida 33614 Attn: District Manager

With a Copy to:

Kutak Rock, LLP
117 W. College Avenue Tallahassee, Florida 32301 Attn: District Counsel

B.

If to the Association:

Saratoga Sagebrooke Homeowners Association, Inc.
100 East Town Place, Suite 200 Saint Augustine, Florida 32092 Attn: HOA Manager

With a Copy to:

 	

Attn:

Except as otherwise provided in this License 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 License 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 Association may deliver Notice on behalf of the District and the Association. 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. Either party may modify its contact information by providing notice as set forth herein.

16.

Interference by Third Party. The District shall be solely responsible for

enforcing its rights under this License Agreement against any interfering party.

Nothing

contained herein shall limit or impair the District’s right to protect its rights from interference by a third party to this License Agreement.

17.

Compliance with Public Records Laws.

Association understands and

agrees that all documents of any kind provided to the District in connection with this License

Agreement may be public records, and, accordingly, Association agrees to comply with all applicable provisions of Florida law in handling such records, including, but not limited to, Section 119.0701, Florida Statutes. Association acknowledges that the designated public records custodian for the District is Lesley Gallagher (“Public Records Custodian”). Among other requirements and to the extent applicable by law, Association shall 1) keep and maintain public records required by the District to perform the Services; 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 Association 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 the Association’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 Association, the Association 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 ASSOCIATION HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ASSOCIATION’S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (904) 436-6270, OR BY EMAIL AT LGALLAGHER@RIZZETTA.COM.

18.

Controlling Law and Venue. This License Agreement and the provisions

contained herein shall be construed, interpreted, and controlled according to the laws of the State of Florida. The parties agree that venue for any action arising hereunder shall be in a court of appropriate jurisdiction in Clay County, Florida.

19.  Arm’s  Length  Negotiation.  This License Agreement has been negotiated fully among the parties as an arm’s length transaction. The parties participated fully in the preparation of this License Agreement and received, or had the opportunity to receive, the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this License Agreement, the parties are deemed to have drafted, chosen and selected the language and any doubtful language will not be interpreted or construed against any party.

20.

Third Party Beneficiaries. This License Agreement is solely for the benefit

of the parties hereto and no right or cause of action shall accrue upon or by reason of, to or for the benefit of, any third party not a formal party to this License Agreement. Nothing in this License Agreement expressed or implied is intended or shall be construed to confer upon any person or legal entity other than the parties hereto any right, remedy or claim under or by reason of this License Agreement or any of the provisions or conditions of this License Agreement; and all of the provisions, representations, covenants and conditions contained in this License

Agreement shall inure to the sole benefit of and be binding upon the parties hereto and their respective representatives, successors and assigns.

21.

Authorization.

The execution of this License Agreement has been duly

authorized by the appropriate body or official of each of the parties hereto, each of the parties has

complied with all the requirements of law and each of the parties has full power and authority to comply with the terms and conditions of this License Agreement.

22.

Severability. The invalidity or unenforceability of any one or more provisions

of this License Agreement shall not affect the validity or enforceability of the remaining portions

of this License Agreement, or any part of this License Agreement not held to be invalid or unenforceable.

23.

Headings for Convenience Only. The descriptive headings in this License

Agreement are for convenience only and shall not control or affect the meaning or construction of any of the provisions of this License Agreement.

24.

Counterparts. This License 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.

[Signatures on Next Page]

In Witness Whereof, the parties execute this License Agreement the day and year first written above.

Attest:

FEED MILL COMMUNITY DEVELOPMENT DISTRICT

Assistant Secretary

Chairperson, Board of Supervisors

Witness

SARATOGA SAGEBROOKE HOMEOWNERS ASSOCIATION, INC.

Signature

Print Name of Witness

By: 	 Its: 	 

Exhibit A – Association Property

Exhibit A
Association Property (Outlined in Red)