BANYAN CAY COMMUNITY DEVELOPMENT
DISTRICT

PALM BEACH COUNTY Regular Board Meeting & Public Hearing
JUNE 27, 2025
9:00 A.M.

Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, FL 33410

www.banyancaycdd.org 561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA BANYAN CAY
COMMUNITY DEVELOPMENT DISTRICT
Conference Room of Special District Services, Inc.
2501A Burns Road
Palm Beach Gardens, Florida 33410
REGULAR BOARD MEETING & PUBLIC HEARING
June 27, 2025
9:00 A.M.

Call to Order
Proof of Publication…	Page 1
Establish Quorum
Additions or Deletions to Agenda
Comments from the Public for Items Not on the Agenda
Approval of Minutes
April 17, 2025 Regular Board Meeting Minutes…	Page 2
Public Hearing
Proof of Publication…	Page 5
Receive Public Comments on Fiscal Year 2025/2026 Final Budget
Consider Resolution No. 2025-02 – Adopting a Fiscal Year 2025/2026 Proposed Budget…	Page 6
Old Business
New Business
Consider Resolution No. 2025-03 – Adopting a Fiscal Year 2025/2026 Meeting Schedule…	Page 13
Consider Appointment of Audit Committee & Approval of Evaluation Criteria…	Page 15
Administrative Matters
Board Members Comments
Adjourn

AFFIDAVIT OF PUBLICATION

LOCALiQ
The Gainesville sun I The Ledger Dally Commercial I Ocala StarBanner News Chief I Herald,Tnbune
News Herald I The Palm Beach Post Northwest Florida Dally News

PO Box 631244 Cincinnati, OH 45263-1244

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2024/2025 REGU- LAR MEE;TING SCHEDULE;

Laura Archer
Special District Services, Inc
Banyan Cay Community Development District
2501 Bums RD# A
Palm Beach Gardens FL 33410-5207

STATE OF WISCONSIN, COUNTY OF BROWN

Before the undersigned authority personally appeared, who on oath says that he or she is the Legal Coordinator of the Palm Beach Post, published in Palm Beach County, Florida; that the attached copy of advertisement, being a Public Notices, was published on the publicly accessible website of Palm Beach County, Florida, or in a newspaper by print in the issues of, on:

10/07/2024

Affiant further says that the website or newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes.

on 10/07/2024

Legal Clerk

	L-/	

Subscribed and sworn to before me, by the legal clerk, who

My commission expires

Publication Cost:	$236.84		
Tax Amount:	$0.00		
Payment Cost:	$236.84		
Order No:	10630266	#of Copies:	
Customer No:	1446352	1	
PO#:			
THIS lS NOT AN INVOICE!
Please do not use this form for payment remittance.

NOTICE IS HE;RE;BY GJVE;N that
the Boord of Superviso,s of !he Banyan Cav Communlty Oeve�op. men! District wiII hold Regular Board Meetings In lhe Conference Room of Speeiol District Services, Inc. 101:otecl 2501A Burns Road. Palm Beach Garden5, F Lorid a 33410 or 9:00 a.m. on the following dales:
October 17, 2024
November 21, 2024
December 19, 2024
Jonuory 16, 2025
February 20, 2025
March 20, 2025
April 17, 2025
May 15, 2025
June 19, 2025
July 17, 2025
August 21, 2025
September 18, 2025
The purpose of the meeftngs is to cond;,,it;t ony bf.t$Jne5'5i-c:omlng be-fore tl\e Board. Meet'ngs are open ro 1he Public ond wiU be condu-cted in accordorn:e with the provision• Of Flori<la law. Copies of the Agendas for any of the meetlngo may be obtofned from the Oistrict�s websJte or by contacting the Oistrkt Mgn0ger ot 561-630--4922 0nd/or tol I free of l-an-737-4922 live (5) dov• prior to the date of the particular meeting.
From time to time one or two Super­ visors may participate by tele­ phone; lherefore, o soeoker lele­ Phooe will be present gt the meeting location so that Supervisors mov be fully informed of lhe discussions taking Pla<:e. Said meelin11(sl may be confinued os found necessary 10 o t£me and p�oce specified -on tile record.
If any person decl<les lo appeal any decision mgde with re$pec:t to anv matter considered at these meet­ ings, such person will need o record of the proceedings ond such person may need to ensure that 0 verbatim record of the proceedlngo Is mode at his or her own expense and which reco,d !rn:lude• the testimony and evidence on whlc.h the opp.eel is bosed.
•n accordance with rhe provi5,ions of
the Americans with Disobilities Acl.
onv person requiring -s:pedal oc.com·
.rnodotions or on interpreter to participate ot anv of these meetings should a:;:ont�t the District Manager at 561-630,4922 and/or roll free at l- 877-737-4922 at least seven (7> days prior to the date of the pgrticulgr meeting.
Meetings mav be cancel led trom
time to time without advertised notice.
BANYAN CAY COMMUNITY DEVE;LOPMENT DISTRICT
www.banyancavcdd.org
1017124 #10630266

Page 1 of 1

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT REGULAR BOARD MEETING
APRIL 17, 2025

CALL TO ORDER

The April 17, 2025, Regular Board Meeting of the Banyan Cay Community Development District (the “District”) was called to order at 9:15 a.m. in the Conference Room of Special District Services, Inc., located at 2501A Burns Road, Palm Beach Gardens, Florida 33410.

PROOF OF PUBLICATION

Proof of publication was presented which showed that notice of the Regular Board Meeting had been published in The Palm Beach Post on October 7, 2024, as part of the District’s Fiscal Year 2024/2025 Meeting Schedule, as legally required.

Mr. Pierman noted that Sarah Dosch had submitted her resignation from the Board.

A motion was made by Ms. Lewis, seconded by Mr. Jaffe and unanimously passed accepting Ms. Dosch’s resignation.

A motion was then made by Mr. Jaffe, seconded by Ms. Lewis and unanimously passed appointing Ryan Carrol to Seat 1, which expires in 2027.
Mr. Pierman, Notary with the State of Florida, administered the Oath of Office to Mr. Carrol and explained his role of District Supervisor.

ESTABLISH A QUORUM

A quorum was established with the following Supervisors in attendance:

Chairperson	Alicia Lewis	Present	
Vice Chairman	Greg Jaffe	Present	
Supervisor	Ryan Carrol	Present	
Vacant			
Vacant			

Also in attendance were:

District Manager	Jason Pierman	Special District Services, Inc.	
District Counsel	Bill Capko	Lewis Longman & Walker, P.A.	
District Engineer	Lisa Tropepe	Engenuity	

ADDITIONS OR DELETIONS TO AGENDA

With a quorum now established, a motion was made by Mr. Carrol, seconded by Mr. Jaffe and unanimously passed ratifying all actions taken by the Board prior to a quorum being established.

Page 1 of 3

A motion was then made by Mr. Carrol, seconded by Mr. Jaffe and unanimously passed electing the following slate of officers:

Chair: Alicia Lewis Vice Chair: Greg Jaffe
Secretary/Treasurer: Jason Pierman Assistant Secretary: Ryan Carrol

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

There were no comments from the public for items not on the agenda.

APPROVAL OF MINUTES
September 19, 2024, Regular Board Meeting

The minutes of the September 19, 2024 Regular Board Meeting were presented for consideration.

A motion was made by Mr. Jaffe, seconded by Mr. Lewis and passed unanimously approving the minutes of the September 19, 2024, Regular Board Meeting, as presented.

OLD BUSINESS
There were no Old Business items to come before the Board.
NEW BUSINESS
Consider Resolution No. 2025-01 – Adopting a Fiscal Year 2025/2026 Proposed Budget
Resolution No. 2025-01 was presented, entitled:

RESOLUTION NO. 2025-01

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT APPROVING A PROPOSED BUDGET FOR FISCAL YEAR 2025/2026; AND PROVIDING AN EFFECTIVE DATE.
A motion was made by Mr. Carrol, seconded by Mr. Lewis and passed unanimously adopting Resolution No. 2025-01, as presented, setting the Public Hearing for June 27, 2025, at 9:00 a.m.

ADMINISTRATIVE MATTERS

Following discussion, a motion was made by Mr. Carrol, seconded by Mr. Jaffe and unanimously passed appointing Mark Carter to Seat 4, which term expires in November 2025.

Mr. Pierman noted that Mr. Carter would be sworn in at a later date.

BOARD MEMBER COMMENTS

There were no further comments from the Board Members.

ADJOURNMENT

There being no further business to come before the Board, a motion was made by Ms. Lewis, seconded by Mr. Jaffe, and passed unanimously adjourning the meeting at 9:42 a.m.

ATTESTED BY:

Secretary/Assistant Secretary	Chairperson/Vice-Chair

Publication Date 2025-06-09

Subcategory Miscellaneous Notices

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT
NOTICE OF PUBLIC HEARING TO CONSIDER THE ADOPTION OF THE FISCAL YEAR 2025/2026 BUDGET AND NOTICE OF REGULAR BOARD OF
SUPERVISORS MEETING.
NOTICE IS HEREBY GIVEN that the Banyan Cay Community Development District (the District) will hold a Public Hearing and Regular Board Meeting (the Meeting) of its Board of Supervisors (the Board) on June 27, 2025, at 9:00 a.m., or as soon thereafter as can be heard, in the Conference Room of Special District Services, Inc. located at 2501A Burns Road, Palm Beach Gardens, Florida 33410. The Public Hearing is being held for the necessary purpose of considering the Fiscal Year 2025/2026 Final Budget. The Meeting is being held for the necessary public purpose of considering agenda items related to the District. At such time the Board is so authorized and may consider any business that may properly come before it.
A copy of the agenda for the Meeting may be obtained at the offices of the District Manager, c/o Special District Services, Inc., at (561) 630-4922 or jpierman@ sdsinc.org (the District Managers Office) during normal business hours. The Meeting is open to the public and will be conducted in accordance with the provisions of Florida law for special districts. The Meeting may be continued to a date, time, and place to be specified on the record at the Meeting.
Any person requiring special accommodations in order to access and participate in the Meeting because of a disability or physical impairment should contact the District Managers Office at least forty-eight (48) hours prior to the Meeting. 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), for aid in contacting the District Managers Office.
Each person who decides to appeal any decision made by the Board with respect to any matter considered at the Meeting is advised that person will need a record of 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 such appeal is to be based.
Meetings may be cancelled from time to time without advertised notice. District Manager
BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT
www.banyancaycdd.org No.11362718 June 9, 16, 2025

RESOLUTION NO. 2025-02

A RESOLUTION OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT ADOPTING A FISCAL YEAR 2025/2026 BUDGET.

WHEREAS, the Banyan Cay Community Development District (“District”) has prepared a Proposed Budget and Final Special Assessment Roll for Fiscal Year 2025/2026 and has held a duly advertised Public Hearing to receive public comments on the Proposed Budget and Final Special Assessment Roll; and,

WHEREAS, following the Public Hearing and the adoption of the Proposed Budget and Final Assessment Roll, the District is now authorized to levy non ad-valorem assessments upon the properties within the District.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT THAT:

Section 1.	The Final Budget and Final Special Assessment Roll for Fiscal Year 2025/2026 attached hereto as Exhibit “A” is approved and adopted, and the assessments set forth therein shall be levied.

Section 2.	The Secretary of the District is authorized to execute any and all necessary transmittals, certifications or other acknowledgements or writings, as necessary, to comply with the intent of this Resolution.
PASSED, ADOPTED and EFFECTIVE this 27th day of June, 2025.

ATTEST:	BANYAN CAY
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

Banyan Cay Community Development District

Final Budget For Fiscal Year 2025/2026
October 1, 2025 - September 30, 2026

CONTENTS

FINAL BUDGET

DETAILED FINAL BUDGET

DETAILED FINAL DEBT SERVICE FUND BUDGET

ASSESSMENT COMPARISON

FINAL BUDGET
BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	
FISCAL YEAR 2025/2026
BUDGET	
O&M Assessments	102,382	
Developer Contribution	0	
Debt Assessments	425,532	
Interest Income	720	
		
TOTAL REVENUES	$	528,634	
		
EXPENDITURES		
Supervisor Fees	0	
Engineering/Inspections	8,000	
Management	26,964	
Legal	19,000	
Assessment Roll	5,000	
Audit Fees	4,800	
Arbitrage Rebate Fee	650	
Insurance	7,250	
Legal Advertisements	1,400	
Miscellaneous	1,350	
Postage	345	
Office Supplies	625	
Dues & Subscriptions	175	
Trustee Fees	4,150	
Continuing Disclosure Fee	1,000	
Website Management	2,000	
Lake Maintenance	13,500	
Reserve	750	
Miscellaneous Maintenance	0	
TOTAL EXPENDITURES	$	96,959	
		
REVENUES LESS EXPENDITURES	$	431,675	
		
Bond Payments	(400,000)	
		
BALANCE	$	31,675	
		
County Appraiser & Tax Collector Fee	(10,558)	
Discounts For Early Payments	(21,117)	
		
EXCESS/ (SHORTFALL)	$	-	

DETAILED FINAL BUDGET
BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	
FISCAL YEAR 20232024 ACTUAL	
FISCAL YEAR 2024/2025 BUDGET	
FISCAL YEAR 2025/2026 BUDGET	

COMMENTS	
O&M Assessments	102,966	102,492	102,382	Expenditures Less Interest /.94	
Developer Contribution	0	0	0	Developer Contribution	
Debt Assessments	425,532	425,532	425,532	Bond Payments/.94	
Interest Income	5,397	360	720	Projected At $60.00 Per Month	
					
TOTAL REVENUES	$	533,895	$	528,384	$	528,634		
					
EXPENDITURES					
Supervisor Fees	0	0	0		
Engineering/Inspections	8,297	8,000	8,000	No Change From 2024/2025 Budget	
Management	25,452	26,208	26,964	CPI Increase	
Legal	15,263	20,000	19,000	FY 24/25 Expenditures Through Feb 2025 Were $2,645	
Assessment Roll	5,000	5,000	5,000	As Per Contract	
Audit Fees	4,500	4,700	4,800	$100 Increase From 2024/2025 Budget	
Arbitrage Rebate Fee	650	650	650	No Change From 2024/2025 Budget	
Insurance	6,594	7,250	7,250	FY 24/25 Expenditure Was $6,858	
Legal Advertisements	1,363	1,400	1,400	No Change From 2024/2025 Budget	
Miscellaneous	38	1,400	1,350	$50 Decrease From 2024/2025 Budget	
Postage	77	370	345	$25 Decrease From 2024/2025 Budget	
Office Supplies	358	650	625	$25 Decrease From 2024/2025 Budget	
Dues & Subscriptions	175	175	175	No Change From 2024/2025 Budget	
Trustee Fees	4,139	4,150	4,150	No Change From 2024/2025 Budget	
Continuing Disclosure Fee	1,000	1,000	1,000	No Change From 2024/2025 Budget	
Website Management	2,000	2,000	2,000	No Change From 2024/2025 Budget	
Lake Maintenance	13,178	13,000	13,500	Lake Maintenance	
Reserve	0	750	750	Reserve	
Miscellaneous Maintenance	114	0	0	FY 2023/2024 Expenditure Was For Vegatation	
TOTAL EXPENDITURES	$	88,198	$	96,703	$	96,959		
					
REVENUES LESS EXPENDITURES	$	445,697	$	431,681	$	431,675		
					
Bond Payments	(407,717)	(400,000)	(400,000)	2026 Principal & Interest Payments	
					
BALANCE	$	37,980	$	31,681	$	31,675		
					
County Appraiser & Tax Collector Fee	(2,847)	(10,560)	(10,558)	Two Percent Of Total Assessment Roll	
Discounts For Early Payments	(16,988)	(21,121)	(21,117)	Four Percent Of Total Assessment Roll	
					
EXCESS/ (SHORTFALL)	$	18,145	$	-	$	-		

DETAILED FINAL DEBT SERVICE FUND BUDGET
BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026
OCTOBER 1, 2025 - SEPTEMBER 30, 2026

REVENUES	FISCAL YEAR 2023/2024 ACTUAL	FISCAL YEAR 2024/2025 BUDGET	FISCAL YEAR 2025/2026 BUDGET	

COMMENTS	

Interest Income	
36,860	
400	
1,000	
Projected Interest For 2025/2026	

NAV Tax Collection	
407,717	
400,000	
400,000	
Maximum Debt Service Collection	

Total Revenues	
$	444,577	
$	400,400	
$	401,000		

EXPENDITURES					

Principal Payments	
130,000	
140,000	
145,000	
Principal Payment Due In 2026	

Interest Payments	
263,780	
258,250	
254,400	
Interest Payments Due In 2026	

Transfer To Construction Fund	
21,873	
0	
0		

Bond Redemption	
0	
2,150	
1,600	
Estimated Excess Debt Collections	

Total Expenditures	
$	415,653	
$	400,400	
$	401,000		

Excess/ (Shortfall)	
$	28,924	
$	-	
$	-		

Series 2020 Bond Information

Original Par Amount =	$6,895,000	Annual Principal Payments Due =	November 1st	
Interest Rate =	2.75% - 4.00%	Annual Interest Payments Due =	May 1st & November 1st	
Issue Date =	December 2020			
Maturity Date =

Par Amount As Of 1/1/25 =	November 2051

$6,500,000			

Page 12

Banyan Cay Community Development District Assessment Comparison

	Fiscal Year	Fiscal Year	Fiscal Year	Fiscal Year	
	2022/2023
	Assessment*		2023/2024
	Assessment*		2024/2025
	Assessment*		2025/2026
	Projected Assessment*		
O & M For Estate Homes	$	370.03	$	416.66	$	416.64	$	416 20	
Debt For Estate Homes	$	1,789.13	$	1,789.13	$	1,789.13	$	1,789 13	
Total For Estate Homes	
$	2,159 16	
$	2,205 79	
$	2,205 77	
$	2,205 33	
O & M For Hotel Room/Units	$	370.03	$	416.66	$	416.64	$	416 20	
Debt For Hotel Room/Units	$	1,789.13	$	1,789.13	$	1,789.13	$	1,789 13	
Total For Hotel	
$	2,159 16	
$	2,205 79	
$	2,205 77	
$	2,205 33	
O & M For Resort Villas	$	370.03	$	416.66	$	416.64	$	416 20	
Debt For Resort Villas	$	1,431.30	$	1,431.30	$	1,431.30	$	1,431 30	
Total For Resort Villas	
$	1,801 33	
$	1,847 96	
$	1,847 94	
$	1,847 50	
O & M For Clubhouse Component	$	8,140.66	$	9,166.52	$	9,166.08	$	9,156 40	
Debt For Clubhouse Component	$	32,639.00	$	32,639.00	$	32,639.00	$	32,639 00	
Total For CluEhouse Component	
$	40,779 66	
$	41,805 52	
$	41,805 08	
$	41,795 40	

* Assessments Include the Following :		
4% Discount for Early Payments 1% County Tax Collector Fee
1% County Property Appraiser Fee		
Community Information - Phase One:		
Estate Homes	52	
Hotel Units/Room	150	
Resort Villas	22	
Clubhouse Component	22	
Total Units	246	
Clubhouse Component Is 18,243 Square Feet		

IV

RESOLUTION NO. 2025-03

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT, ESTABLISHING A REGULAR MEETING SCHEDULE FOR FISCAL YEAR 2025/2026 AND SETTING THE TIME AND LOCATION OF SAID DISTRICT MEETINGS; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, it is necessary for the Banyan Cay Community Development District ("District") to establish a regular meeting schedule for fiscal year 2025/2026; and

WHEREAS, the Board of Supervisors of the District has set a regular meeting schedule, location and time for District meetings for fiscal year 2025/2026 which is attached hereto and made a part hereof as Exhibit “A”.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT, PALM BEACH COUNTY, FLORIDA, AS FOLLOWS:

Section 1.   The above recitals are hereby adopted.

Section 2.  The regular meeting schedule, time and location for meetings for fiscal year 2025/2026 which is attached hereto as Exhibit “A” is hereby adopted and authorized to be published.
PASSED, ADOPTED and EFFECTIVE this 27th day of June, 2025.

ATTEST:	BANYAN CAY
COMMUNITY DEVELOPMENT DISTRICT

By:			By:		 Secretary/Assistant Secretary			Chairperson/Vice Chairperson

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT FISCAL YEAR 2025/2026 REGULAR MEETING SCHEDULE

NOTICE IS HEREBY GIVEN that the Board of Supervisors of the Banyan Cay Community Development District will hold Regular Board Meetings in the Conference Room of Special District Services, Inc. located 2501A Burns Road, Palm Beach Gardens, Florida 33410 at 9:00 a.m. on the following dates:

October 16, 2025
November 20, 2025
December 18, 2025
January 15, 2026
February 19, 2026
March 19, 2026
April 16, 2026
May 21, 2026
June 18, 2026
July 16, 2026
August 20, 2026
September 17, 2026

The purpose of the meetings is to conduct any business coming before the Board. Meetings are open to the public and will be conducted in accordance with the provisions of Florida law. Copies of the Agendas for any of the meetings may be obtained from the District’s website or by contacting the District Manager at 561-630-4922 and/or toll free at 1-877-737-4922 five (5) days prior to the date of the particular meeting.
From time to time one or two Supervisors may participate by telephone; therefore, a speaker telephone will be present at the meeting location so that Supervisors may be fully informed of the discussions taking place. Said meeting(s) may be continued as found necessary to a time and place specified on the record.

If any person decides to appeal any decision made with respect to any matter considered at these meetings, such person will need a record of the proceedings and such person may need to ensure that a verbatim record of the proceedings is made at his or her own expense and which record includes the testimony and evidence on which the appeal is based.
In accordance with the provisions of the Americans with Disabilities Act, any person requiring special accommodations or an interpreter to participate at any of these meetings should contact the District Manager at 561-630-4922 and/or toll free at 1-877-737-4922 at least seven (7) days prior to the date of the particular meeting.

Meetings may be cancelled from time to time without advertised notice.

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT

www.banyancaycdd.org PUBLISH: PALM BEACH POST

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT REQUEST FOR PROPOSALS

District Auditing Services for Fiscal Years 2024/2025, 2025/2026 and 2026/2027 With Two Year Option (2027/2028 and 2028/2029)
Palm Beach County, Florida

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT AUDITOR SELECTION INSTRUCTIONS TO PROPOSERS

SECTION 1. DUE DATE. Sealed proposals must be received no later than August 21, 2025 at 4:00 p.m., at the offices of District Manager, located at 2501A Burns Road, Palm Beach Gardens, Florida 33410.

SECTION 2. FAMILIARITY WITH THE LAW. By submitting a proposal, the Proposer is affirming its familiarity and understanding with all federal, state, and local laws, ordinances, rules and regulations that in any manner affect the work. Ignorance on the part of the Proposer will in no way relieve it from responsibility to perform the work covered by the proposal in compliance with all such laws, ordinances and regulations.

SECTION 3. QUALIFICATIONS OF PROPOSER. The contract, if awarded, will only be awarded to a responsible Proposer who is qualified by experience and licensing to do the work specified herein. The Proposer shall submit with its proposal satisfactory evidence of experience in similar work and show that it is fully prepared to complete the work to the satisfaction of the District.
SECTION 4. REJECTION OF PROPOSAL. Proposers shall be disqualified and their proposals rejected if the District has reason to believe that collusion may exist among the Proposers, the Proposer has defaulted on any previous contract or is in arrears on any previous or existing contract, or for failure to demonstrate proper licensure and business organization.

SECTION 5. SUBMISSION OF PROPOSAL. Submit one (1) copy of the Proposal Documents and one digital copy, and other requested attachments at the time and place indicated herein, which shall be enclosed in an opaque sealed envelope, marked with the title “Auditing Services – Banyan Cay Community Development District” on the face of it.

SECTION 6.  MODIFICATION AND WITHDRAWAL.  Proposals may be
modified or withdrawn by an appropriate document duly executed and delivered to the place where proposals are to be submitted at any time prior to the time and date the proposals are due. After proposals are opened by the District, no proposal may be withdrawn for a period of ninety (90) days.

SECTION 7. PROPOSAL DOCUMENTS. The proposal documents shall consist of the notice announcing the request for proposals, these instructions, the Evaluation Criteria Sheet and a proposal with all required documentation pursuant to Section 12 of these instructions (the “Proposal Documents”).

SECTION 8. PROPOSAL. In making its proposal, each Proposer represents that it has read and understands the Proposal Documents and that the proposal is made in accordance therewith.

SECTION 9. BASIS OF AWARD/RIGHT TO REJECT. The District reserves the right to reject any and all proposals, make modifications to the work, and waive any informalities or irregularities in proposals as it is deemed in the best interests of the District.

SECTION 10. CONTRACT AWARD. Within fourteen (14) days of receipt of the Notice of Award from the District, the Proposer shall enter into and execute a Contract (engagement letter) with the District.

SECTION 11. LIMITATION OF LIABILITY. Nothing herein shall be construed as or constitute a waiver of District’s limited waiver of liability contained in section 768.28, Florida Statutes, or any other statute or law.

SECTION 12. MISCELLANEOUS. All proposals shall include the following information in addition to any other requirements of the proposal documents.
List position or title of all personnel to perform work on the District audit. Include resumes or each person listed; list years of experience in present position for each party listed and years of related experience.

Describe proposed staffing levels, including resumes with applicable certifications.

Three references from projects of similar size and scope. The Proposer should include information relating to the work it conducted for each reference as well as a name, address and phone number of a contact person.
SECTION 13. PROTESTS. Any protest regarding the Proposal Documents, must be filed in writing, at the offices of the District Manager, within seventy-two (72) hours after receipt of the Request for Proposals and Evaluation Criteria or other contract documents. The formal protest setting forth with particularity the facts and law upon which the protest is based shall be filed within seven (7) calendar days after the initial notice of protest was filed. Failure to timely file a notice of protest or failure to timely file a formal written protest shall constitute a waiver of any right to object or protest with respect to the aforesaid Request for Proposals, Evaluation Criteria, or other contract documents.

SECTION 14. EVALUATION OF PROPOSALS. The criteria to be used in the evaluation are presented in the Evaluation Criteria Sheet, contained within the Proposal Documents.

SECTION 15. REJECTION OF ALL PROPOSALS. The District reserves the right to reject any and all bids, with or without cause, and to waive technical errors and informalities, as determined to be in the best interests of the District.

BANYAN CAY COMMUNITY DEVELOPMENT DISTRICT AUDITOR SELECTION
EVALUATION CRITERIA

Ability of Personnel (10 Points).

(E.g., geographic locations of the firm’s headquarters or permanent office in relation to the project; capabilities and experience of key personnel; evaluation of existing work load; proposed staffing levels, etc.)

Proposer’s Experience (10 Points).

(E.g. past record and experience of the Proposer in similar projects; volume of work previously performed by the firm; past performance for other Community Development Districts in other contracts; character, integrity, reputation of Proposer, etc.)

Understanding of Scope of Work (10 Points).

Extent to which the proposal demonstrates an understanding of the District’s needs for the services requested.
Ability to Furnish the Required Services (10 Points).
Present ability to manage this project and the extent to which the proposal demonstrates the adequacy of Proposer’s financial resources and stability as a business entity necessary to complete the services required (E.g. the existence of any natural disaster plan for business operations).

Price (10 Points).

Points will be awarded based upon the price bid for the rendering of the services and reasonableness of the price to the services.