AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

COLLIER COUNTY Regular Board Meeting December 19, 2023
9:00 A.M.

5080 Annunciation Circle, Suite 101, Ave Maria, Florida 34142
www.avemariastewardshipcd.org

District Manager
Special District Services, Inc.
The Oaks Center 2501A Burns Road
Palm Beach Gardens, FL 33410

561.630.4922 Telephone 877.SDS.4922 Toll Free 561.630.4923 Facsimile

AGENDA
AVE MARIA STEWARDSHIP COMMUNITY DISTRICT REGULAR BOARD MEETING
December 19, 2023
9:00 a.m.
Ave Maria Master Association (office/fitness center) 5080 Annunciation Circle, Unit 101
Ave Maria, Florida 34142
TO JOIN VIA ZOOM: https://us02web.zoom.us/j/84779450200 MEETING ID: 847 7945 0200 DIAL IN AT: 1-929-436-2866
Call to Order
Pledge of Allegiance
Invocation
Proof of Publication	Page 1
Establish a Quorum
Additions or Deletions to Agenda
Comments from the Public for District Items on the Agenda
Approval of Minutes
November 7, 2023 Regular Board Meeting & Public Hearing Minutes	Page 2
December 13, 2023 Evaluation Committee Meeting	Page 11
Consent Agenda
Consider Approval of CenturyLink Lumen Anthem Parkway Phase 5 Proposal…	Page 12
Old Business
AMSCD Projects Update…	Page 13
New Business
Consider Approval of Current Rates Mosquito Services…	Page 16
Presentation of Evaluation Committee’s Recommendation on Prequalified Contractor Applicants. Page 18
Consider Resolution No. 2023-29 – Adopting Prequalified Contractors List…	Page 20
Consider Resolution No. 2023-30 – Awarding Contract for Earthwork & Paving, Sanitary
Sewer, Irrigation for Massa Way Irrigation Extension…	Page 22
Consider Resolution No. 2023-31 – Adopting a Vehicle Use Policy	Page 24
Consider Resolution No. 2023-32 – Awarding Construction Contract for Ave Maria Blvd.
and Oil Well Road Lighting.	Page 30
Consider Resolution No. 2023-33 – Approving the Use of District Issued Debit Card…	Page 33
Consider Approval of Temporary Construction Easement Agreement	Page 38
Consider Approval of First Amendment to Cost Share Agreement between the District and
Ave Maria Utility Company LLLP for Consulting Services…	Page 46
Administrative Matters
Legal Report
Engineer Report
Manager’s Report
Financials…	Page 70
Final Public Comments
Board Members Comments
Adjourn
*Public Comment will be limited to three minutes (3:00) with no rebuttal

Publication Date 2023-11-27

Subcategory Miscellaneous Notices

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
NOTICE OF CHANGE OF DATE OF REGULAR BOARD MEETING
The Board of Supervisors (the Board) of the Ave Maria Stewardship Community District (the District) will hold a Regular Board Meeting (Meeting) at 9:00 a.m. on December 19, 2023, in the Ave Maria Master Association located at 5080 Annunciation Circle, Unit 101, Ave Maria, Florida 34142, instead of December 5, 2023, as previously advertised.
The Meeting will be also be available for viewing utilizing communications media technology (Virtual Attendance) through the following login information, however public comment will only be available to those participating in person. Virtual Attendance is offered for convenience only and in the event there are interruptions in internet service or other technical difficulties the Meeting will continue at the physical location regardless of availability of the Virtual Attendance option.
Join by URL for VIDEO ACCESS at: https://us02web.zoom.us/j/84779450200 Meeting ID: 847 7945 0200
Join by PHONE at: 1-929-436-2866 Meeting ID: 847 7945 0200
The purpose of the Meeting is for the Board to address District related items as noted on the Agenda. At such time the Board is so authorized and may consider any business that may properly come before it.
A copy of the agenda may be obtained at the offices of the District Manager, Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida 33410 (561) 630-4922, during normal business hours, or by visiting the Districts website at www.avemariastewardshipcd.org seven (7) days prior to the meeting date.
The meeting is open to the public and will be conducted in accordance with the provisions of Florida law. The meeting may be continued to a date, time and place to be specified on the record at the meeting. There may be occasions when Board Supervisors or District Staff may participate by speaker telephone or other communications media technology.
Any person requiring special accommodations at this 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.
AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
www.avemariastewarshipcd.org November 27, 2023 9548497

Page 1

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT REGULAR BOARD MEETING
Ave Maria Master Association 5080 Annunciation Circle, Unit 101 Ave Maria, Florida 34142
or
TO JOIN VIA ZOOM: https://us02web.zoom.us/j/84779450200 MEETING ID: 831 9805 1068 DIAL IN AT: 1 929 436 2866
November 7, 2023

CALL TO ORDER

The November 7, 2023, Regular Board Meeting of the Ave Maria Stewardship Community District (the “District”) was called to order at 6:00 p.m. in the Ave Maria Master Association located at 5080 Annunciation Circle, Unit 101, Ave Maria, Florida 34142. The meeting was also available via the Zoom information indicated above.

PLEDGE OF ALLEGIANCE

INVOCATION

Mr. Klucik led the meeting in prayer.

PROOF OF PUBLICATION

Proof of publication was presented indicating that notice of the Regular Board Meeting had been published in the Naples Daily News on September 25, 2023, as legally required.

ESTABLISH A QUORUM

A quorum was established with the following:

Board of Supervisors
Chairman	Thomas Peek	Present	
Vice Chair	Jay Roth	Present	
Supervisor	Jeff Sonalia	Present	
Supervisor	Tom DiFlorio	Present	
Supervisor	Robb Klucik	Present	

District Staff in attendance were:

District Manager	Andrew Karmeris	Special District Services, Inc.	
Director of Operations	Sal D’Angelo	Special District Services, Inc.	
General Counsel	Alyssa Willson	Kutak Rock, LLP	

Page 1 of 6

District Engineer	Ted Tryka	Agnoli Barber & Brundage, Inc.	

Also present were the following:

Kim Twiss, Donnie Diaz, and several members of the public. There were also many others present via Zoom.
ADDITIONS OR DELETIONS TO THE AGENDA

Staff presented a Drainage Easement Agreement for the Phase 5A project be added to the agenda as New Business item #1.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting the agenda.

COMMENTS FROM THE PUBLIC FOR ITEMS NOT ON THE AGENDA

Chairman Peek informed the Board, staff and members of the public that the meetings would be a little more formal than they have been in the past. He stated that there would be two public comment sections on the agenda, one at the beginning of the meeting and one at the end of the meeting.

District resident John Lanham commented that he believes regulations are exceeding the Ave Maria Stewardship Community District’s mandate in regard to insurance requirements for special events. Mr. D’Angelo added that he is working with legal on the forms needed for special use permit events. Mr. Klucik asked if everyone holding events is being treated the same way and added that he believes it is important to have the district’s liability covered when events use district land. Ms. Willson stated that special use permit forms are being updated and will be uniform for everyone attempting to acquire a special use permit for an event. Mr. Lanham added that he does not believe the district’s rules are industry standard or what Collier County is doing. He stated he has a problem with the liability waivers.

District resident Paula Csantaverin asked if cell towers were being built in Ave Maria? Mr. DiFlorio stated that he believed there was one by the softball field.

Arlen Smith asked if the district or developer had considered a place for commercial vehicles to park or if there were plans? Ms. Twiss stated that the developer had designated a place at the tennis courts and applications for parking permits are available in the master association offices.

APPROVAL OF MINUTES

October 3, 2023, Regular Board Meeting

The minutes of the October 3, 2023, Regular Board Meeting were presented for consideration.

A motion was made by Mr. DiFlorio, seconded by Mr. Roth and passed unanimously approving the minutes of the October 3, 2023, Regular Board Meeting, as presented.
Page 2 of 6

DISCUSSION REGARDING PUBLIC COMMENT PROCEDURES

A lengthy discussion ensued as the Board reviewed the district’s public comment policy which was adopted via resolution No. 2013-08. Mr. Klucik asked staff to check if a more recent policy had been adopted. He then stated he agreed the public comment dialogue during meetings had become a little loose but believes public input on agenda items is important and needed. Mr. Klucik then said he would like to have a public comment section after each agenda item with a limit of three (3) minutes enforced. Chairman Peek suggested the Board follow this meeting’s structure and the adopted resolution for a few future meetings before re-evaluating the public comment procedures. The Board agreed and will re-evaluate the public comment procedures at a future meeting.

At 6:39 p.m. the regular board meeting was recessed and the public hearing on proposed construction prequalification criteria and procedures was opened.

PUBLIC HEARING

Proof of Publication Naples Daily News on 10/17/2023

Receive Public Comments and Objections on the Adoption of the District’s Proposed Construction Prequalification Criteria and Procedures

There were no comments from the public.

Consider Resolution No. 2023-24 – Adopting Proposed Construction Prequalification Criteria and Procedures

Mr. Tryka presented. Mr. Klucik requested the RFQ be posted on social media and the district’s website.

A motion was made by Mr. Klucik, seconded by Mr. Roth and passed unanimously approving Resolution No. 2023-24 – Adopting Proposed Construction Prequalification Criteria and Procedures adjusting the opening date to November 10, 2023 and the due date to December 11, 2023 and appointing David Genson, Sal D’Angelo and Ted Tryka as the evaluation committee.

At 6:49 p.m. the public hearing was closed and the regular board meeting reconvened.

CONSENT AGENDA

Consider Approval of Anthem Parkway Phase 5A Proposals

Consider Approval of Temporary Construction Easement

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously approving consent agenda.

OLD BUSINESS

AMSCD Projects Update
Page 3 of 6

Staff reviewed the list. Dan Hartley stated that contracts for Anthem Parkway Phase 5A are being finalized.

Mr. Klucik asked staff to review the landscape contract regarding veteran’s memorial plaza.

Mr. D’Angelo gave an update on towing company search and informed the board that he meets weekly with asset management consultant.

NEW BUSINESS

Consider Approval of Drainage Easement Agreement between Ave Maria Master Association, Inc and Ave Maria Stewardship Community District

Ms. Willson presented.

A motion was made by Mr. Klucik, seconded by Mr. Roth and passed unanimously approving Drainage Easement Agreement between Ave Maria Master Association, Inc and Ave Maria Stewardship Community District, as presented.

Consider Resolution No. 2023-25 – Adopting a Fiscal Year 2022/2023 Amended Budget

Mr. Karmeris presented and explained the purpose of the amended budget.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting Resolution No. 2023-25 – Adopting a Fiscal Year 2022/2023 Amended Budget, as presented.

Consider Resolution No. 2023-26 – Adopting a Fiscal Year 2022/2023 Amended Budget for Master Irrigation Utility System

Mr. Karmeris presented.

A motion was made by Mr. DiFlorio, seconded by Mr. Roth and passed unanimously adopting Resolution No. 2023-26 – Adopting a Fiscal Year 2022/2023 Amended Budget for Master Irrigation Utility System, as presented.

Consider Resolution No. 2023-27 – Adopting Amended Construction Protocols

Ms. Willson presented and fielded questions from the Board.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting Resolution No. 2023-27 – Adopting Amended Construction Protocols, as presented.

Consider Selection and Approval of a Reserve Study Proposals

Mr. D’Angelo presented and explained his rationale for recommending Reserve Advisors LLC. The Board discussed the proposals with Mr. D’Angelo and accepted his recommendation.

Page 4 of 6

A motion was made by Mr. Klucik, seconded by Mr. Roth and passed unanimously selecting Reserve Advisors LLC reserve study proposal subject to developer funding approval and legal contract preparation.

Consider Resolution No. 2023-28 – Adopting A Revised Lake Fishing Policy

Mr. D’Angelo presented, and a discussion ensued regarding the map of lakes. Mr. Klucik suggested a change to Section 2.c. to the following sentence: The general public may only fish in District lake #TN1A and #UN1A. When fishing in those lakes, they may only fish from the public access points.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously adopting Resolution No. 2023-28 – Adopting A Revised Lake Fishing Policy, as amended with Mr. Klucik’s suggested revision.

Discussion Regarding Food Truck Requests

Mr. D’Angelo informed the board that a request for a food truck on district roads was received and denied. Mr. Klucik added that there is a mechanism through the private property owner to do food trucks and does not believe the district has food truck events on its roads.

Discussion Regarding Memorandum on Gate Items

Ms. Willson presented her memo provided in the agenda packet. A lengthy discussion ensued regarding county permits, the issuing process, and the process of revoking permits. Ms. Willson added that she did not research the county’s revoking process.

AUDITOR SELECTION COMMITTEE

Ranking of Proposals/Consider Selection of an Auditor

Mr. Karmeris presented staff’s recommendation in the agenda packet. The Audit committee adopted staff’s rankings and recommended Grau & Associates to the board of supervisors.

A motion was made by Mr. Roth, seconded by Mr. DiFlorio and passed unanimously selecting Grau & Associates as Auditor.

ADMINISTRATIVE MATTERS

Legal Report

Ms. Willson stated that she was looking into the gate at Maple Ridge model homes.

Engineer’s Report

Mr. Tryka had nothing further to report.

Manager’s Report

Page 5 of 6

Request for District Credit Card for Operations

The Board asked that a policy be brought back at the next meeting.

Financials
Mr. Karmeris went over the financials provided in the agenda packet.

FINAL PUBLIC COMMENTS

District Resident John Strysik commented about gates being on district property and asked how the IRS is involved with issuing district bonds.

District Resident Ronny Lambotte asked if the county could review the permit for the National Gate. Ms. Willson stated the gates were constructed in accordance with county approved site plans.

BOARD MEMBER COMMENTS

Mr. Klucik repeated that he liked having the public comment section under each agenda item.

Mr. Roth added that he and the board appreciate public input and welcomes it in the proper format.

ADJOURNMENT

There being no further business to come before the Board, the Regular Board Meeting was adjourned at 8:33 p.m. by Chairman Peek. There were no objections.

Secretary/Assistant Secretary	Chair/Vice-Chairman

Page 6 of 6

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
NOVEMBER 2023

Project Name	Date appeared
on List	Start Date	End Date	Est. Cost	%
Complete	Responsible Party	Comments	
Anthem Parkway Phase 5A (Starts at North park to Avalon)	06/07/2022	2nd Quarter 2023	TBD	Costs being reviewed	0%	Andrew Karmeris (District)	Permits expected in Sept/Oct 2023. Ready to commence immediately upon
permit approval.	
Anthem Parkway Phase 5B (Will include roundabout at
Pope John Paul)	06/07/2022	3rd Quarter 2023	TBD	Costs being reviewed	0%	Andrew Karmeris (District)	Environmental permits expected June 2024	
Apron at Owens roundabout & vet handicap parking
spot	06/06/2023	May 2023	Design Plans 11/30/23	TBD	0%	Ted Tryka (District)	Plan and permitting to be completed by the end of the year.	
Additional Landscaping on Milano	07/11/2023	August 2023	Oct 2023	Expected to have pricing by end
October	0%	David Genson (AMD)	AMD is working on pricing and expected.	

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Parking on District Roads	09/13/2022	01/2023	2nd Quarter 2023	N/A	N/A	Andrew Karmeris (District Manager)

Kim Twiss (Master Association Manager)	Signs have been delivered and approximately 90% have been installed.	
Town Core Striping and Flashing Signs	09/13/2022	01/2023	9/15/23	$188,000	98%	Ted Tryka (District)	2 Parking Spots Remain. Construction Equipment signs have been ordered to block
off spots.	
Asset Management (Placeholder for FY24)	11/01/2022	March 2023	June 2023	$50,000	FY 23 –
100%	Sal DeAngelo (District)	Mapping of roadways, sidewalks, curbs, light poles are complete. Budgeting for Fiscal Year 2024 to include site visits, mapping of additional assets such
as signs, fixtures, etc.	
Reserve Funds (Irrigation and
O&M)	11/01/2022	TBD	N/A	TBD	TBD	David Genson (AMD)	Rate Adjustment presentation expected
at Fall 2023 meeting.	
Front Fountain (Letters)	04/04/2023	N/A	Oct 2023	$22,000	80%	Donny Diaz	Fountain is operational. Letters contract was approved expected to start in August 2023.	

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

National Gate monitoring	05/02/2023	2023	Ongoing	N/A	N/A	Alyssa Willson (District)	The District continues to monitor National Gate operation.
Residents have been instructed to file complaints filed with
District Manager.	
Sign at Oil Well Road/ Lighting Project	10/03/2023	Spring 2024	TBD	$430,000	0%	Ted Tryka (District	Proposals to be requested from prequalified
contractors.	

Contractor Prequalification Public Meeting Wednesday, December 13, 2023, 2:00 PM
5080 Annunciation Circle, Unit #101 Ave Maria, FL. 34142

Contractor’s Prequalification Statement (Construction of Public Infrastructure Improvements and Maintenance Services).

In attendance: Sal D’Angelo, Dave Genson, and Ted Tryka No public or contractors in attendance.

The evaluation committee reviewed and discussed the six (6) submitted proposals based on the Notice to Prospective Bidders and Request for Qualifications. The following firms submitted proposals:
American Infrastructure Services (AIS)
Haleakala Construction, Inc.
Jensen Underground Utilities, Inc.
Mitchell and Stark Construction
O’Donnell Landscaping
Woods and Wetlands, Inc.

It was concluded that all firms submitted the proper paperwork and were qualified to perform said work in their respective categories. Ted Tryka, District Engineer, is going to complete a memorandum for Board review and approval.

Sal D’Angelo III
Director of Operations/ SDS/AMSCD

Contract No: No
Job Authorization No: P184014
Special Construction Proposal	CTL Affiliate: EQ Florida-South

Date:  11/8/2023	
Billing Address:

Work Location:

Customer: AVE MARIA STEWARDSHIP COMMUNIT ANTHEM PKW NE_AVE MARIA	

Attention:

Daniel C. Hartley, P.E.	 County	COLLIER	

2501A BURNS ROAD	

NAPLES, FL	

PALM BEACH GARDENS, FL  33410

This Proposal is governed by the terms and conditions set forth herein as well as any applicable state or federal tariffs filed with the appropriate state or federal regulators. Description and/or specifications of work to be performed by an operating affiliate of CenturyLink Inc. (“CenturyLink”) under this Proposal ("Work") is as follows:

ATC Project proposes to relocate an estimated 5000 feet of 24 fiber cable onto a customer placed new temporary aerial cable route, when new 24 fiber is placed and cutover to new cable. Then proceed with removing existing aerial 24 fiber cable with one not in service aerial 25 pair copper cable lashed together.

Advance Payment (required before work begins):		$44,070.40	

Customer shall indicate its acceptance of this Proposal by signing where indicated below. The date of Customer's signature shall be the effective date of this Proposal (the “Effective Date”). Upon such acceptance by Customer, this Proposal and the terms and conditions of any applicable Tariffs shall constitute a binding agreement.

For the Work performed hereunder, Customer will be responsible for the actual charges incurred by the Lumen affiliate performing the Work (“Provider”). The estimated charges above shall be paid prior to commencement of the Work (“Advance Payment”). Amounts due from Customer in excess of the Advance Payment shall be paid by Customer within thirty (30) days of invoice, or such longer time, if any, as set forth on such invoice. Refunds due Customer, if any, shall be refunded if and as required by applicable Tariffs. All past due, undisputed amounts due from Customer to Provider will be assessed a late fee at 14% APR. Where applicable, Customer shall also be responsible for foreign, federal, state and local taxes assessed in connection with the Work, including without limitation, all use, sales, value added, surcharges, excise, franchises, commercial, gross receipts, license, privilege or other similar charges, whether charged to or against Provider or Customer, but excluding any taxes based on Provider’s net income.

For Governmental Customers only, no Advance Payment is due. Lumen will submit an invoice of charges upon completion of the Work, payable within forty-five (45) days of receipt. Past due undisputed amounts will be assessed a late fee in accordance with applicable laws.

The Work in this Proposal is separate from any work that may be performed pursuant to any other order or agreement, including but not limited to a P re-Service Request for cell site provisioning.

This Proposal shall be deemed withdrawn by Provider if not accepted by Customer within thirty (30) days of the date of this Proposal. Except for Proposals signed by Governmental Customers, if Provider has not received the Advance Payment within thirty (30) days of the Effective Date, this Proposal will automatically expire without further action by either party.

Total Charges: Forty-Four Thousand Seventy Dollars and 40/100

Customer
Authorized Signature: 	
Name Printed/Typed: Title:

Date:

Proposal

Lumen

Page 1

Version: 3-15-2023

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
DECEMBER 2023

Project Name	Date appeared
on List	Start Date	End Date	Est. Cost	%
Complete	Responsible Party	Comments	
Anthem Parkway Phase 5A (Starts at North park to
Avalon)	06/07/2022	2nd Quarter 2023	December 2024	Costs being reviewed	0%	Andrew Karmeris (District)	Permits have been issued, contracts are being finalized.	
Anthem Parkway Phase 5B (Will include roundabout at
Pope John Paul)	06/07/2022	3rd Quarter 2023	TBD	Costs being reviewed	0%	Andrew Karmeris (District)	Environmental permits expected June 2024	
Apron at Owens roundabout & vet handicap parking
spot	06/06/2023	May 2023	Design Plans 11/30/23	TBD	0%	Ted Tryka (District)	Plan and permitting to be completed by the end of the year.	
Additional
Landscaping on Milano	07/11/2023	August 2023	Dec 2023	Costs being reviewed.	0%	David Genson (AMD)	AMD is working on pricing.	

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Parking on District Roads	09/13/2022	01/2023	2nd Quarter 2023	N/A	N/A	Andrew Karmeris (District Manager)

Kim Twiss (Master Association Manager)	Signs have been delivered and approximately 90% have been installed.	
Town Core Striping and Flashing Signs	09/13/2022	01/2023	9/15/23	$188,000	98%	Ted Tryka (District)	2 Parking Spots Remain. Construction Equipment signs have been ordered to block
off spots.	
Asset Management	11/01/2022	10/1/23	9/30/24	$75,000	FY24 – 0%	Sal DeAngelo (District)	Mapping of roadways, sidewalks, curbs, light poles are complete. Budgeting for Fiscal Year 2024 to include site visits, mapping of additional assets such
as signs, fixtures, etc.	
Reserve Funds (Irrigation and
O&M)	11/01/2022	TBD	N/A	TBD	TBD	David Genson (AMD)	Rate Adjustment presentation expected
at Spring 2024 meeting.	
Front Fountain	04/04/2023	N/A	Dec 2023	N/A	N/A	Donny Diaz	The signage lights project is complete. The fountains are currently down and
waiting on parts to	

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

							arrive.	
National Gate monitoring	05/02/2023	2023	Ongoing	N/A	N/A	Alyssa Willson (District)	The District continues to monitor National Gate operation.
Residents have been instructed to file complaints filed with
District Manager.	
Sign at Oil Well Road/ Lighting Project	10/03/2023	Spring 2024	End of 2024	$430,000	0%	Ted Tryka (District	Proposals to be requested from prequalified
contractors.	

:fl9itt
MDSOUITD CONTROL
'4-J
600 North Road  I  Naples, FL 34l 04-3464	I  P 239.436.1000  I	F 239.436.1005

eptember 20 2023

Ave Maria tewardsf-tip Community Di trict ttn: Mr. Todd Wodraska, District Manager
c/o Special District Services, lnc. 2501 Bums Road, Suite A
Palm Beach Gardens, FL 33410 Dear Mr. Wodraska:
This letter is to inform you that at the regularly scheduled Board Meeting of the Cammi sioners of the Collier Mosquito Control District on September 20, 2023, your request to renew the lnterlocal Agreement for mosquito control ervices b the Collier Mosquito Control District for the Ave Maria tewardship Community District through	eptember 30, 2024. wa approved.

The costs for aircraft time will be $600 per hour for treatment by airplane and helicopter and $50 per hour for UAS/ Drone.

The co ts for chemical which may be utilized in your area are as follows and will be invoiced at the time services are rendered.

Adulticides	2022 Bid Price	2023 Bid Price	
Dibrom Concentrate	$251.70/gal	$264.29/gal	
Merus (OMRI)	$321.66/gal	$340.73/gal	
Duet HD	$223.64/gal	$255.96/gal	
Wisdom TC Flowable	$37.25/gal	$49.45/gal	

Liquid Larvicides	2022 Bid Price	2023 Bid Price	
Vectobac WDG	$33.72/lb.	$35.42/lb.	
atular SC (OMRI)	$1,076.43/gal	$1,319.25/gal	
Vectobac 12 AS	$36.87/gal	$38.68/gal	

Hangar  I	P 239.436.1008  I	F 239.436.1007
lmmokalee Substation  I	2050 Commerce Avenue, Unit #7  I	lmmokalee, FL 34142  I  239.867.3200
Board of Commissioners  D. Russell Burland, Chair I K. Edward Brandt, Vice-Chair/Secretary Sondra Lee Buxton, Treasurer I Bruce J. Buchanan I John F. Johnson
Executive Director Patrick P. Linn, MS, MSHAPI

Granular Latvicides	2022 Bid Price	2023 Bid Price	
Natular G30 (OMRI)	$18.01/lb.	$20.40/lb.	
Vectoprime FG	$3.97/lb.	$4.17/lb.	
Fourstar BTI CRG	$13.01/lb.	$13.91/lb.	
Vectomax FG (OMRJ)	$7.82/lb.	$8.09/lb.	
Vectobac GR (OMRI)	NIA	$2.10/lb	

*Please note these prices are subject to change based on the District's December 2023 Bid for Chemical.

If you have any questions or require additional infonnation, please feel free to contact me at (239) 436- l 000. Sincerely

D. Russell Burland
Chair CMCD Board of Commissioners

Publication Date 2023-11-30

Subcategory Miscellaneous Notices

AVE MARIA STEWARDSHIP COMMUNITY DISTRICT NOTICE OF EVALUATION COMMITTEE MEETING
A special public meeting of the Evaluation Committee of the Ave Maria Stewardship Community District (District) is scheduled to be held on December 13, 2023, at 2:00 p.m. at the Ave Maria Master Association Building, 5080 Annunciation Circle, Suite 101, Ave Maria, Florida 34142, to evaluate pre-qualification packages received in response to its request for qualifications for construction and maintenance services. No official action will be taken at the meeting. The meeting is open to the public and will be conducted in accordance with the provisions of Florida law including but not limited to Chapter 2004-461, Laws of Florida.
A copy of the agenda for this meeting may be obtained from Special District Services, Inc., 2501A Burns Road, Palm Beach Gardens, Florida 33410, (561) 630-4922 (District Managers Office). The District Evaluation Committee Meeting is open to the public and will be conducted in accordance with provisions of Florida law. The District Evaluation Committee Meeting may be continued to a date, time, and place to be specified on the record at the meeting. There may be occasions when one or more Committee Members will participate by telephone or other telecommunication device.
Any person requiring special accommodations at this 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 a future Board 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.
Andrew Karmeris District Manager
AVE MARIA STEWARDSHIP COMMUNITY DISTRICT
www.avemariastewardshipcd.org No. 9548193 Nov. 30, 2023

Page 18

Professional Engineers, Planners & Land Surveyors

7400 Tamiami Trail N., Suite 200, Naples, Florida 34108	Phone (239)597-3111	Fax: (239)566-2203
	MEMORANDUM	
Date:	December 13, 2023
Project:	AMSCD Prequalification Statement for Construction of Public Infrastructure Improvements and Maintenance Services
Subject:	Selection Committee Meeting
From:	Edward "Ted" F. Tryka III, P.E., District Engineer
To:	Andrew Karmeris, District Manager

A meeting of the AMSCD selection committee, consisting of members Sal D'Angelo, David Genson, and Ted Tryka, was held on this date to review and qualify the responses which were submitted. The following Six (6) companies responded:

American Infrastructure Services (AIS) Haleakala Construction, Inc.
Jensen Underground Utilities, Inc. Mitchell and Stark Construction O'Donnell Landscaping; and Woods and Wetlands, Inc.

Each of the firms have offices in the Naples/Fort Myers area.

After reviewing the submission packages the committee members agreed the contractors met all the requirements and were highly qualified to perform the work in the categories which they submitted. After a brief discussion, the selection committee unanimously agreed to recommend selection of all six (6) of the contractors, in their respective categories, to the AMSCD Board. The following is a listing of each contractor and their categories:

Categories	

AIS	
Haleakala Const.	
Jensen Underground	
Mitchell & Stark	
O'Donnell Landscapes	Woods and Wetlands	
1 - Excavation / Earthwork / Underground		X	X	X			
2 - Road Paving				X			
3 - Landscape					X	X	
4 - Irrigation					X		
5 - Hardscape							
6 - Street Lighting	X						
7 - Stormwater Management			X	X		X	
8 - Exotic Vegetation Removal						X	
9 - Lake and Littoral Maintenance				X		X	

RESOLUTION 2023-29

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT ADOPTING THE PREQUALIFIED	CONSTRUCTION	AND	MAINTENANCE CONTRACTORS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Ave Maria Stewardship Community District (the “District”) is a local unit of special-purpose government created and existing pursuant to Chapter 2004-461, Laws of Florida, as amended (the “Act”); and

WHEREAS, the Act authorizes the District to construct, install, acquire, operate and/or maintain systems and facilities for certain basic public infrastructure; and

WHEREAS, in November of 2023, the District issued a Request for Qualifications (“RFQ”) in order to prequalify contractors for future District infrastructure construction and maintenance projects, including construction of roadways, stormwater management facilities, irrigation facilities, earthwork, landscape, hardscape, street lighting, and other public improvements and maintenance services including exotic vegetation removal and lake and littoral maintenance; and

WHEREAS, at the December 19, 2023, meeting of the Board of Supervisors of the District, the District considered the Evaluation Committee’s recommendation of adopted all applicants as prequalified infrastructure or maintenance contractors; and

WHEREAS, pursuant to the terms of the RFQ, the prequalification decision of the Board of Supervisors was to be valid for a period of three (3) years, after which time the Board of Supervisors, at its own discretion, could extend the prequalification period for up to an additional two (2) years or begin the prequalification process again; and

WHEREAS, the District further desires to extend the previous prequalified contractors’, adopted per Resolution 2021-07 on May 4, 2021, status to an additional three (3) years with up to an additional two (2) years extension; and

WHEREAS, the District now desires to adopt prequalified construction and maintenance contractors in accordance with Section 1 below.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT:

SECTION 1. The District hereby adopts the below list of prequalified contractors in the categories indicated. Such prequalification term will expire December 18, 2026. At such time the Board of Supervisors of the District may determine, at its sole discretion, whether to extend the

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term of the prequalified contractors for an additional two (2) years or begin the prequalification process again.

Contractor:	Category:

SECTION 2. The District hereby extends the previous prequalified contractors adopted per Resolution 2021-07, dated May 4, 2021. Such prequalification term will expire December 18, 2026. At such time the Board of Supervisors of the District may determine, at its sole discretion, whether to extend the term of the prequalified contractors for an additional two (2) years or begin the prequalification process again. Pursuant to the District Rules of Procedure (the “Rules”), Rule 3.7, it shall be in the District’s sole discretion to utilize the prequalified vendors for a particular category of service. In the event District elects not to utilize prequalified vendors, procurement shall be made in accordance with the Rules and applicable Florida law.

SECTION 3. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 4. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 19th day of December, 2023.

ATTEST:	BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Secretary / Assistant Secretary	Thomas Peek, Chairman

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RESOLUTION 2023-30

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT REGARDING THE AWARD OF A CONSTRUCTION CONTRACT AND EXECUTION OF APPLICABLE COST SHARES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Ave Maria Stewardship Community District (the “District”), is a local unit of special-purpose government established pursuant to Chapter 2004-461, Laws of Florida, as amended, to plan, construct, install, acquire, finance, manage and operate public improvements and community facilities for lands within the District; and

WHEREAS, the District has solicited bids from prequalified contractors interested in providing earthwork and paving, sanitary sewer, irrigation, and effluent construction services related to the Massa Way Irrigation Extension project (the “Project”); and

WHEREAS, the District has received and evaluated bids from two (2) prequalified contractor interested in providing those services; and

WHEREAS, 	 submitted a responsive bid for earthwork and paving services (the “Earthwork and Paving Contractor”); and

WHEREAS, in the best interest of the District, the Board desires to award a contract to the Earthwork and Paving Contractor; and

WHEREAS, 	 submitted a responsive bid for sanitary sewer, irrigation and effluent services (the “Sanitary Sewer, Irrigation and Effluent Contractor”); and

WHEREAS, in the best interest of the District, the Board desires to award contracts to the Earthwork and Paving Contractor and the Sanitary Sewer, Irrigation and Effluent Contractor.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT:

SECTION 1. All of the representations, findings and determinations contained within the recitals stated above are recognized as true and accurate and are expressly incorporated into this Resolution.

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SECTION 2. The bid submitted by the Earthwork and Paving Contractor and the Sanitary Sewer, Irrigation and Effluent Contractor are the bids which best serve the interests of the District.

SECTION 3. The Earthwork and Paving Contractor shall be awarded a contract for construction services relating to earthwork and paving portion of the Project. The Sanitary Sewer, Irrigation and Effluent Contractor shall be awarded a contract for construction services relating to the sanitary sewer, irrigation and effluent portion of the Project.

SECTION 4. The Chairman and District Staff are hereby authorized to give notice of this award to all bidders to the extent required by law and to proceed with the execution of a contract with the selected proposer. Further, if applicable, the Chairman is authorized to execute a cost share agreement with Ave Maria Utility Company, LLLP or other respective entities for non-District items of work related to the included in the Contractor’s bid and related to the Project.

SECTION 6. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 7. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 19th day of December, 2023.

ATTEST:	BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Secretary / Assistant Secretary	Thomas Peek, Chairman

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RESOLUTION 2023-31

A RESOLUTION BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT ADOPTING A FLEET SAFETY AND DRIVING POLICY; PROVIDING AN EFFECTIVE DATE.

WHEREAS, the District is a local unit of special-purpose government created and existing pursuant to Chapter 2004-461, Laws of Florida, as amended (the “Act”), for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and

WHEREAS, the Act authorizes the District to adopt resolutions which may be necessary for the conduct of District business; and

WHEREAS, the Board recognizes the District has purchased vehicles for use by District Field Operations Management Services Staff for the purpose of conducting District business (the “Vehicles”); and

WHEREAS, the hereby determines tit is in the best interests of the District, and necessary for the conduct of District business, to establish a policy governing the use of such vehicles, as set forth in Exhibit A.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT:

SECTION 1. The attached Fleet Safety and Driving Policy attached hereto as Exhibit A is hereby adopted pursuant to this Resolution. All District Field Operations Management Services Staff must execute the notice included in Exhibit A and District Manager shall ensure an executed copy is maintained in the District’s records.

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 19th DAY OF DECEMBER, 2023

ATTEST:	AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Secretary/Assistant Secretary	Chairman, Board of Supervisors

EXHIBIT “A”
Fleet Safety and Driving Policy
Special District Services/Ave Maria Stewardship Community District

Purpose
Ave Maria Stewardship Community District (“AMSCD”) has acquired vehicles (the “Vehicles”) for use by District Field Operations Management Services Staff (as such term is defined in the Agreement) pursuant to the Amended and Restated Agreement for Services Management dated July 11, 2023 (the “Agreement”). The District is committed to reducing accidents and providing a safe environment for all users of the vehicles.
The environment in which motor vehicle accidents occur involves numerous complex factors, many of which are uncontrollable. The purpose of AMSCD Fleet Safety and Driving Policy is to eliminate unnecessary injuries and fatal circumstances by reducing those factors that we can control.
To further this goal, AMSCD developed a Fleet Safety and Driving Policy (the “Policy”) effective December 19, 2023. This Policy applies to all current and future District Field Operations Management Services Staff.
Objective
AMSCD purchases, maintains, and services the Vehicles for daily use by District Field Operations Management Services Staff. As such, this policy provides direction and sets forth District Field Operations Management Services Staff expectations in the operation and use of District Vehicles.

Basic Vehicle Operation Guidelines
District Field Operations Management Services Staff are expected to treat District Vehicles with an appropriate level of respect and care, demonstrating an attitude of loyalty and pride to the District. The following are basic Vehicle operation principles to which District Field Operations Management Services Staff are required to adhere:
Always wear a seat belt.
Drive defensively. Always anticipate what other drivers on the road might do wrong and plan your mode of escape. Never move through traffic aggressively.
Respect speed limits and traffic signs. Follow all traffic signals.
Use parking brakes as necessary to stabilize the vehicle from moving/rolling.
Traffic Violations
AMSCD is not responsible for any traffic violations or parking tickets acquired by violation of ordinance, state or federal laws regarding your driving habits and operation of your motor vehicle. Any ticket issued is the District Field Operations Management Services Staff responsibility, even if the ticket is issued while conducting business for AMSCD.

Distracted Driving
AMSCD is committed to District Field Operations Management Services Staff safety, and for this reason firmly prohibits all behavior that distracts District Field Operations Management Services Staff while they are operating a district vehicle. General guidelines for behavior while driving are as follows:
Use of cell phones while driving is strictly prohibited: This includes all functions of the cell phone including, but not limited to, phone calls, text messaging/SMS, email, MMS, Internet use and camera use.
Use of electronic devices (including laptops, PDAs, cameras and pagers): While driving is strictly prohibited unless specifically outlined below.
Voicemail must handle all calls while driving, and calls may only be returned when stopped or pulled off the road.
Passengers making or taking calls for the driver is permissible provided the interaction does not affect the driver’s performance.
Regular callers must be informed that you will not be available while driving and should be notified of the best times to call based on the driving schedule.
District Field Operations Management Services Staff who receive calls from others who are driving are obligated to ask that the staff member call back at a more appropriate time.

Headset/Hands-free Use
AMSCD prohibits the use of hand-held mobile devices while driving. Using a hand-held mobile device means using at least one hand to hold the mobile device, dialing a mobile device by pressing more than a single button or reaching for a mobile device in a manner that requires the driver to maneuver so they are no longer in a seated driving position, restrained by a seat belt. However, the use of headsets or hands-free devices while driving is permissible if:
The device is preapproved by the District for use.
Use of the device does not cause distraction (for example, fiddling with the device or taking eyes off the road to get it to function properly).
Any dialing or use of the handset requires a single button.
Any dialing or use of the handset is handled while stopped or pulled to the side of the road.
Conversations do not interfere with the driver’s ability to drive safely.
Road conditions are generally good and do not threaten the driver’s safety.
Emergency Calls
The only exception to the cell phone use guideline is calls placed to 911. If placing or accepting an emergency call, it should be kept short with a hands-free option if available. The vehicle should be pulled over if possible.

GPS Systems
AMSCD understands that sometimes, especially when traveling in unfamiliar areas, drivers require assistance with directions. GPS systems are extremely helpful devices, but they can also be distracting if used improperly. Field Operations Management Services Staff must adhere to the following:

Mounted GPS systems may not block or obstruct the driver’s view in any way.
GPS systems must be voice narrated and must not require that the driver look away from the road to follow instructions.
Field Operations Management Services Staff may not program the system while in motion.
Programming or otherwise engaging with the GPS screen may only occur while stopped or while pulled off the road.

Audio Devices
In some cases, worrying about music selection or touching dials and buttons on the radio or audio device may be just as dangerous as cell phone use. It takes eyes and concentration off the road, which is not permissible under AMSCD policy. AMSCD allows District Field Operations Management Services Staff use of personal, portable audio devices, because we do not want to eliminate Field Operations Management Services Staff ‘s ability to enjoy music while behind the wheel. However, District Field Operations Management Services Staff must follow these guidelines:
District Field Operations Management Services Staff may not take eyes off the road to adjust music settings.
Programming music settings while stopped, pulled off the road or before departing is permissible behavior.
District Field Operations Management Services Staff may not under any circumstances use MP3 players or other handheld electronic audio devices with headphones. Not only is it illegal in most states, but it also impedes the driver’s ability to properly hear warning signs, signals or sirens.

Preventive Maintenance
To maintain the safety and integrity of the vehicle, AMSCD will provide the necessary resources to ensure all vehicles are operating properly. All routine motor vehicle maintenance will be done according to the manufacturer’s specifications. Critical components that must always be controlled, maintained and promptly repaired are brakes, tires, suspension, steering, lights, mirrors, windows and windshield wipers. AMSCD vehicles shall remain in a clean and functioning state ready for use.

Accident Investigation Procedures
AMSCD realizes some accidents are unpreventable. Drivers should seek medical attention immediately, if necessary, Supervisors and drivers will be trained in post-accident procedures to secure the details of the accident and document the damage. Providing detailed facts of the accident will help our insurance carrier deter fraudulent actions.
Drivers are required to document all details of the accident: traffic flow, speed limits, stop lights/signs, weather conditions, citations issued and all other relevant information. Pictures should be taken to document the extent of damage to all vehicles involved.
Once this information is secured, the driver is to report all accidents immediately to their supervisor. If the vehicle is inoperable, arrangements need to be made for towing and delivery of cargo.

District Vehicles for Personal Use
Personal use of District Vehicles is prohibited. Use of the District Vehicle is limited to travel to and

District-related events. Any errand or travel that is not directly District related is considered personal travel. The Vehicle is not to be used for personal or entertainment purposes.

Prohibited Behavior
Use of District Vehicles is a privilege. Behaviors that result in termination, suspension, and/or permanent loss of driving privileges include but are not limited to the following:

Driving while under the influence of drugs or alcohol
Negligent homicide
Operating a Vehicle with a suspended license
Using a motor vehicle for commission of a felony
Aggravated assault with a motor vehicle
Reckless driving
Hit and run
Three convictions for moving violations
Use of a district vehicle without authorization
Three or more major traffic violations
More than two preventable accidents involving personal injury or property damage in any three-year period

Specialty Vehicles
Golf carts and other specialty vehicles in use on AMSCD property to move people and materials around the facility require specific precautions:
Vehicles must travel at an acceptable speed, slowing down in wet or slippery conditions.
Vehicles must yield to pedestrians.
Vehicles must keep to designated paths and roadways, staying off major streets. Carts may not block traffic paths where parked.
Vehicles may not carry more passengers than the cart is designed to accommodate. If the vehicle is equipped with seat belts, they must be used.
All passengers must keep their hands, feet and other body parts inside the vehicle.
The driver must be aware of the surroundings, paying attention to driving signs and warnings, even if they are directed at autos and listening for warnings like emergency vehicle sirens, children playing or other vehicles.
District Fuel Use and Associated Charges
Fuel costs for AMSCD vehicles shall be expensed through the approved/ratified annual budget under the appropriate Operations and Maintenance Expenditure line item.

Fleet Safety and Driving Policy

Notice to District Field Operations Management Services Staff

The environment in which motor vehicle accidents occur involves numerous complex factors, many of which are uncontrollable. The purpose of AMSCD Fleet Safety Policy is to eliminate unnecessary injuries and fatal circumstances by reducing those factors that we can control.
All District Field Operations Management Services Staff are expected and required to actively participate in this policy for their own health and well-being. AMSCD encourages its District Field Operations Management Services Staff to take a proactive approach in identifying potential hazards by promptly reporting them to their supervisor. The use of seat belts and other safety devices is mandatory.
Driving under the influence of alcohol or other illegal substances is prohibited.
We encourage all District Field Operations Management Services Staff to report all maintenance and malfunction issues immediately to the Operations Manager or Director of Operations. AMSCD realizes a proper working vehicle is the first step to ensuring everyone’s safety.
Regarding vehicle accidents, drivers are required to document all details of the accident: traffic flow, speed limits, stop lights/signs, weather conditions, citations issued and other relevant information. Pictures should be taken to document the extent of damage to all vehicles involved. Report all accidents immediately to the Operations Manager or Director of Operations.
Personal use of District Vehicles is prohibited.

I have read and understand AMSCD Fleet Safety and Driving Policy, and its requirements and expectations of me.

Staff signature	Date

Specific Authority: Ch. 2004-461, Laws of Florida
Effective date: December 19, 2023

RESOLUTION 2023-32

A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT REGARDING THE AWARD OF A CONSTRUCTION CONTRACT AND EXECUTION OF APPLICABLE COST SHARES; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.

WHEREAS, the Ave Maria Stewardship Community District (the “District”), is a local unit of special-purpose government established pursuant to Chapter 2004-461, Laws of Florida to plan, construct, install, acquire, finance, manage and operate public improvements and community facilities for lands within the District; and

WHEREAS, the District has solicited bids from prequalified contractors interested in providing construction services related to the Ave Maria Blvd. and Oil Well Road Lighting project (the “Project”); and

WHEREAS, the District has received and evaluated bids from one (1) prequalified contractor interested in providing those services; and

WHEREAS, Quality Enterprises, Inc. submitted a responsive bid (the “Contractor”); and

WHEREAS, in the best interest of the District, the Board desires to award a contract to the Contractor.

NOW THEREFORE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT:

SECTION 1. All of the representations, findings and determinations contained within the recitals stated above are recognized as true and accurate and are expressly incorporated into this Resolution.

SECTION 2. The bid submitted by the Contractor is the bid which best serves the interests of the District.

SECTION 3. The Contractor shall be awarded a contract for construction services for the Project.

SECTION 4. The Chairman and District Staff are hereby authorized to give notice of this award to all bidders to the extent required by law and to proceed with the execution of a contract with the selected proposer. Further the Chairman is authorized to execute a cost share agreement with any respective entities for non-District items of work related to the included in the Contractor’s bid and related to the Project.

SECTION 6. If any provision of this Resolution is held to be illegal or invalid, the other provisions shall remain in full force and effect.

SECTION 7. This Resolution shall become effective upon its passage and shall remain in effect unless rescinded or repealed.

PASSED AND ADOPTED this 19th day of December, 2023.

ATTEST:	BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Secretary / Assistant Secretary	Thomas Peek, Chairman

Professional Engineers, Planners & Land Surveyors

7400 Tamiami Trail N., Suite 200, Naples, Florida 34108	Phone (239)597-3111	Fax: (239)566-2203
	MEMORANDUM	
Date:	December 18, 2023
Project:	Ave Maria Blvd. and Oil Well Road Lighting
Subject:	Bid Results and Recommendation of Award of Contract
From:	Edward F. Tryka III, PE, District Engineer
To:	Andrew Karmeris, District Manager

All prequalified contractors were contacted with an invitation to bid due on December 15, 2023. One bid was received from Quality Enterprises, Inc. for $538,958.00

The bid was checked for mathematical errors, and none were found.

Based upon our review of the bid received for the above-listed project it is our recommendation to the Board that it finds Quality Enterprises, Inc. the lowest responsive bid submitted by a responsive bidder for the project. In accordance with District Rule of Procedure 3.5, the lowest responsive bid submitted by a responsive and responsible bidder in response to an Invitation to Bid shall be accepted.

We are not aware of any outstanding issues or problems with Quality Enterprises, Inc. that would prevent us from recommending their selection as the lowest responsive bid submitted by a responsive and responsible bidder.

Agnoli, Barber & Brundage, Inc. looks forward to working successfully with the selected bidder on this project.

RESOLUTION 2023-33

A RESOLUTION OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT (THE “DISTRICT”) AUTHORIZING THE DISBURSEMENT OF FUNDS OF THE DISTRICT WITHOUT PRIOR APPROVAL OF THE DISTRICT’S BOARD OF SUPERVISORS (“BOARD”); SETTING CERTAIN MONETARY THRESHOLDS; ESTABLISHING CONDITIONS PRECEDENT TO THE DISBURSEMENT OF FUNDS; AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.

WHEREAS, the District is a local unit of special-purpose government created and existing pursuant to Chapter 2004-461, Laws of Florida, as amended (the “Act”), for the purpose of providing, operating and maintaining infrastructure improvements, facilities and services to the lands within the District; and

WHEREAS, the Act authorizes the District to adopt resolutions which may be necessary for the conduct of District business; and

WHEREAS, Rule 1.1(2)(f) of the District’s Rules of Procedure contemplates that the Board may delegate authority to others to contract or make expenditures on behalf of the District; and

WHEREAS, the Board hereby determines that for purposes of administrative and accounting necessity, it is in the best interests of the District, and necessary for the conduct of District business, to establish a policy governing the disbursement of funds with prior approval by the District Manager, Operations Director, Chairperson and/or Vice Chairperson, as set forth below.

NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT:

Section 1. Payment of Expenses.

Continuing Expenses. The Board hereby authorizes the payment of invoices of continuing expenses, which meet the following requirements:

The invoices must be due on or before the next scheduled meeting of the Board of Supervisors.

The invoice must be pursuant to a contract or agreement authorized by the Board of Supervisors.

The total amount paid under such contract or agreement, including the current invoice, must be equal to or less than the amount specified in the contract or agreement.

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Non-Continuing Expenses. The Board hereby authorizes the disbursement of funds for payment of invoices of non-continuing expenses which are 1) required or appropriate for the District to maintain orderly, efficient and effective operations, maintenance and replacement of the District’s facilities and infrastructure, 2) required to provide for the health, safety, and welfare of the residents within the District; or 3) required to repair, control, or maintain a District facility or asset beyond the normal, usual, or customary maintenance required for such facility or assets, pursuant to the following schedule:

Non-Continuing Expenses Not Exceeding $12,000 with approval of the District Manager or Operations Director; and

Non-Continuing Expenses Not Exceeding $20,000 with approval of the District Manager and Operations Director; and

Non-Continuing Expenses exceeding $20,000 shall be approved by the Board unless they are an Emergency Expense authorized under Section 1.C.

Before any expenditure is made under Section 1.B., the District Manager and/or the Operations Director shall confirm that there are available funds in the budget to pay the expense, either in the line item most germane to the expense or in another budget line item that has the capacity to be used for the expense.

Emergency Expenses. For emergency expenses exceeding the authorization in Section 1.B. above, and in the event that an emergency meeting of the Board cannot timely be convened pursuant to the District’s Rule 1.3(6) and Florida law, the Board hereby authorizes the disbursement of funds in an amount not to exceed $50,000 to address any emergency condition affecting the District, but only with the prior written approval of the Chairperson, or in his or her absence, the Vice Chairperson of the District. For purposes of this Resolution, the term “emergency expense” means a purchase or payment 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 delay of waiting for a board meeting would be detrimental to the interests of the District. This includes, but is not limited to, instances where delay will jeopardize the funding for the project, will materially increase the cost of the project, will likely cause damage to property, will prejudice the District’s interest in a project already in progress, or will create an undue hardship on the public health, safety, or welfare.

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Section 2. Conditions Precedent to Payment of Expenses.

For Non-Continuing Expenses greater than $5,000, the Operations Director shall obtain a minimum of two bids for the work. For Non-Continuing Expenses greater than $20,000, the Operations Director and/or District Manager shall obtain three bids for the work. If the Operations Director and/or District Manager is unable to obtain the required number of bids, the Operations Director and/or District Manager shall notify the Chairperson of the Board of the efforts undertaken to obtain multiple bids or the rationale behind a sole source bid.

If a purchasing card is utilized for such purchase, the District Chair and Operations Director, or its designee authorized to utilize such card, shall execute and abide by the District’s Agreement Regarding Use of District- Issued Debit Card, the form of which is attached hereto as Exhibit A.

Section 3. Board Consideration. Any payment made pursuant to the Resolution shall be submitted to the Board at the next scheduled meeting for approval and ratification. Copies of any disbursements made under the authority of this Resolution shall be included in the agenda package for the scheduled meeting or otherwise distributed to the Board at the meeting.

Section 4. Severability. 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.

Section 5. Effective Date; Conflicts. This Resolution shall take effect upon the passage and adoption by the Board, and shall remain in effect unless rescinded or repealed. All District resolutions or parts thereof in actual conflict with this Resolution are, to the extent of such conflict, superseded and repealed.

PASSED AND ADOPTED this 19th day of December, 2023.

ATTEST:	BOARD OF SUPERVISORS OF THE AVE MARIA STEWARDSHIP COMMUNITY DISTRICT

Secretary / Assistant Secretary	Thomas Peek, Chairperson

Exhibit A:	Agreement Regarding Use of District-Issued Debit Card

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Exhibit A

Agreement Regarding Use of District Issued Debit Card

AGREEMENT REGARDING USE OF DISTRICT-ISSUED DEBIT CARD

As the 	 for the Ave Maria Stewardship Community District (“District”), I,
	, as District Manager/Operations Director, understand that I am authorized to use the District-issued Debit Card (the “Debit Card”) to make purchases as set forth in Resolution 2024-  adopted by the District on December 19, 2023 (the “Resolution”). In this respect, I will adhere to the following:

Compliance with Resolution, Rules & Policies. I agree to abide by all of the terms of the Resolution, as may be amended from time to time. I further agree to abide by the policies of the bank from which the Debit Card is issued. I understand all such terms, rules, and policies.

Authorized Expenditures Only. I agree to use the Debit Card for approved District expenditures only, as set forth in the Resolution, and not personal expenses. I further agree not to use the Debit Card to obtain cash advances of any kind, whether from banks, credit unions, automatic tellers, or other means. I understand that in all cases of misuse, the District reserves the right to recover any monies and other damages from me.

Procurement Procedures by District Manager/Operations Director. District Manager/Operations Director shall have the authority to make payment directly to vendors for emergency or non-recurring purchases using the Debit Card as described in this section. All of District Manager/Operations Director’s expenditures shall be in accordance with the District’s Rules of Procedure and Florida law. The District shall provide to District Manager/Operations Director one Debit Card with a limit of 	Dollars ($	) for the District Manager/Operations Director. The District Manager/Operations Director shall be the only individual authorized to use the Debit Card. To the extent feasible, the District Manager/Operations Director shall take all necessary steps to ensure that any Debit Card purchases are made on a tax-exempt basis. The District shall not replenish the Debit Card until provided with a full accounting, including copies of any receipts, for any monies the District Manager/Operations Director spent. Any purchases pursuant to this section that would require spending in excess of the applicable line-item amounts set forth in the annual operations and maintenance budget adopted by the District’s Board and as may be amended from time to time (“O&M Budget”) shall require prior approval from the Board. The District Manager/Operations Director shall be responsible for reimbursing the District for any Debit Card purchases that are not supported by appropriate receipts, or other proof of payment mutually agreed upon by the Parties, or that are not approved as part of the O&M Budget or by the Board (“Reimbursement Amount”) as well as any fees or penalties incurred as a result of such purchases. The District Manager/Operations Director shall pay the District an additional fee in the amount of ten (10) percent of the Reimbursement Amount in the event District Manager/Operations Director fails to reimburse the District within fifteen (15) days of receipt of notice from the District of unsupported Debit Card charges.

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Security. I agree to maintain the security of the Debit Card at all times in order to prevent the Debit Card from being used for fraudulent or corrupt purposes, and to account for all Debit Card expenditures with appropriate receipts.

	 Dollars ($	)

Accounting. I understand that the Debit Card will be funded only up to
at any given time, and in order for the account to be replenished I must submit appropriate receipts to the District pursuant to the terms of the Resolution. I understand that unaccounted for or unapproved Debit Card expenditures are my responsibility, and that I may be liable for them at the discretion of the District. I will notify the District immediately upon discovering the Debit Card has been lost, misused, or stolen.

Conclusion of Employment. Upon the conclusion of my employment, I agree to submit the Debit Card to the District and all receipts within twenty-four (24) hours of my last day of work.

Signature: 		Title:	 Date: 	

Signature: 		Title: District Chair	Date: 	

Page 5 of 5

Upon recording, this instrument should be returned to:

Kutak Rock LLP
107 West College Avenue Tallahassee, Florida 32301

TEMPORARY CONSTRUCTION EASEMENT AGREEMENT [AVE MARIA BOULEVARD]

THIS	TEMPORARY	CONSTRUCTION	EASEMENT	AGREEMENT
(“Agreement”) is made this   day of 	, 2023 by AVE MARIA STEWARDSHIP COMMUNITY DISTRICT, a local unit of special-purpose government established pursuant to Chapter 2004-461, Laws of Florida, whose address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (“District”), and AVE MARIA UNIVERSITY, INC. a Florida not-for-profit corporation, whose address for purposes hereof is 5050 Ave Maria Boulevard, Ave Maria, Florida 34142 (“University,” and together with District, the “Parties,” and each a “Party”).

W I T N E S S E T H :

WHEREAS, the District was established pursuant to Chapter 2004-461, Laws of Florida, (“Act”), and is validly existing under the Constitution and laws of the State of Florida; and

WHEREAS, the Act authorizes the District to finance, fund, plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate, and maintain certain systems, facilities, and basic infrastructure and other infrastructure improvements within or without the boundaries of the District; and

WHEREAS, the District presently owns the land described in Exhibit A (“Easement Area”); and

WHEREAS, the University desires to construct median and related landscape and irrigation improvements (the “Improvements”) within the Easement Area as further depicted in the attached Exhibit B (“Work”); and

WHEREAS, given that the District has no objections, the University desires to undertake the Work.

NOW, THEREFORE, in consideration of the sum of Ten and 00/100 Dollars ($10.00) and other good and valuable consideration and the mutual covenants of the Parties, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

Recitals. The foregoing recitals are true and correct and by this reference are incorporated as a material part of this Agreement.

Construction Easement. The District hereby grants to University an easement over, upon, under, through, and across the Easement Area for ingress and egress for the Work (“Easement”). University shall use all due care to protect the Easement Area and adjoining property from damage resulting from University’s use of the Easement Area. The University agrees to pay the cost associated with and cooperate fully in the transfer of any permits to the District for any improvements conveyed pursuant to this Easement. University shall remain responsible for completion of all required permits, certifications or other approvals necessary to convey the improvements to the District, and upon completion of the Work and approval by the District Engineer shall convey the Improvements to the District via bill of sale for District’s operation and maintenance.

Damage. In the event that University, its respective employees, agents, assignees, contractors (or their subcontractors, employees or materialmen), or representatives cause damage to the Easement Area or to adjacent property or improvements in the exercise of the easement rights granted herein, University, at University’s sole cost and expense, agrees to promptly commence and diligently pursue the restoration of the same and the improvements so damaged to, as nearly as practical, the original condition.

Insurance and Indemnity. University and/or any contractors performing work for University on the Easement Area, shall at all times maintain general public liability insurance to afford protection against any and all claims for personal injury, death or property damage arising directly or indirectly out of the exercise of the rights and privileges granted. Said insurance maintained by any contractors performing work for University on the Easement Area shall be issued by solvent, reputable insurance companies authorized to do business in the State of Florida, naming University and District as insureds, as their interests may appear, in a combined-single limit of not less than $1,000,000.00 with respect to bodily injury or death and property damage. Said insurance shall also be primary, and not contributory, as to any insurance coverage maintained by District. University hereby agrees to indemnify and hold harmless District from and against any and all liability arising out of University’s activities within the Easement Area. University agrees that nothing contained in this Agreement shall constitute or be construed as a waiver of District’s limitations on liability as set forth in Section 768.28, Florida Statutes, or other applicable law.

Liens. University shall not permit (and shall promptly satisfy or bond) any construction, mechanic’s lien or encumbrance against the Easement Area in connection with the exercise of rights hereunder. If any contract for Work within the Easement Area total exceeds
$200,000.00, University shall require contractor post a payment and performance bond in accordance with the requirements of s. 255.05, Florida Statutes.

Default. A default by the District or University under this Agreement shall entitle the other to all remedies available at law or in equity, which may include, but not be limited to, the right of actual damages, injunctive relief, and specific performance.

Enforcement of Agreement. In the event that the District or University seeks to enforce this Agreement by court proceedings or otherwise, then the prevailing Party shall be

entitled to recover all fees and costs incurred, including reasonable attorneys’ fees and costs for trial, alternative dispute resolution, or appellate proceedings.

Notices. Any notice, demand, consent, authorization, request, approval, or other communication that any Party is required, or may desire, to give to or make upon the other Party pursuant to this Agreement shall be effective and valid only if in writing and delivered personally to the other Parties or sent by express 24-hour guaranteed courier or delivery service or by certified mail of the United States Postal Service, postage prepaid and return receipt requested, addressed to the other Party at the addresses first listed above (or to such other place as any Party may by notice to the others specify). Notice shall be deemed given when received, except that if delivery is not accepted, notice shall be deemed given on the date of such non- acceptance. 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 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(s) for University may deliver Notice on behalf of the District and University, respectively.

Third Parties. This Agreement is solely for the benefit of the District and University, and no right or cause of action shall accrue upon or by reason, to or for the benefit of any third party not a formal party to this Agreement. Nothing in this Agreement expressed or implied is intended or shall be construed to confer upon any person, corporation, or entity other than the District and University any right, remedy, or claim under or by reason of this Agreement or any of the provisions or conditions of this Agreement. The District shall be solely responsible for enforcing its rights under this Agreement against any interfering third party. Nothing contained in this Agreement shall limit or impair the District’s right to protect its rights from interference by a third party.

Assignment. Neither of the Parties hereto may assign, transfer, or license all or any portion of its rights under this Agreement without the prior written consent of the other Party. Any purported assignment, transfer, or license by one of the Parties absent the written consent of the other Party shall be void and unenforceable.

Controlling Law and Venue. This Agreement shall be construed, interpreted, and controlled according to the laws of the State of Florida. The Parties agree and consent to venue in Collier County, Florida, for the resolution of any dispute, whether brought in or out of court, arising out of this Agreement.

Public Records. All documents of any kind provided in connection with this Agreement are public records and are treated as such in accordance with Florida law.
Severability. The invalidity or unenforceability of any one or more provisions or part of a provision of this Agreement shall not affect the validity or enforceability of the remaining provisions of this Agreement or any part of this Agreement not held to be invalid or unenforceable.

Binding Effect. This Agreement and all of the provisions, representations, covenants, and conditions contained herein shall be binding upon and inure to the benefit of the Parties hereto and their respective successors and permitted assigns, transferees, and/or licensees.

Authorization. By execution below, the undersigned represent that they have been duly authorized by the appropriate body or official of their respective entity to execute this Agreement, that the respective Parties have complied with all the requirements of law, and they have full power and authority to comply with the terms and provisions of this instrument.

Amendments. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by both the District and University.

Entire Agreement. This instrument shall constitute the final and complete expression of the agreement between the Parties relating to the subject matter of this Agreement.

Effective Date. The effective date of this Agreement shall be the date first written above. The Easement shall automatically terminate as it relates to any portion of the Easement Area upon the conclusion of the Work and acceptance of the Improvements by the District.

Counterparts. This Agreement may be executed in counterparts, each of which shall constitute an original, but all taken together shall constitute one and the same agreement.

[SIGNATURES ON FOLLOWING PAGES]

IN WITNESS WHEREOF, District and University caused this Agreement to be executed, to be effective as of the day and year first written above.

WITNESSES:

Signed, sealed and delivered	AVE MARIA STEWARDSHIP
in the presence of:	COMMUNITY DISTRICT

By:		 Print Name:		Chairperson/Vice Chairperson

Print Name:	

STATE OF FLORIDA
COUNTY OF 	

The  foregoing  instrument  was  acknowledged  before  me  this   day  of
	, 2023, by means of physical presence or online notarization the Chairperson/Vice Chairperson of the Ave Maria Stewardship Community District, on behalf of District.   He/She   is   personally   known   to   me   or   has   produced
	as identification.

Print Name:	 Notary Public, State of Florida
Commission No.:	 My Commission Expires:	

{Notary Seal}

Signed, sealed and delivered	AVE MARIA UNIVERSITY, INC.
in the presence of:

By:	 Print Name:		Name:	
Title:	

Print Name:	

STATE OF FLORIDA
COUNTY OF 	

The	foregoing	was	sworn	to	and	subscribed	before	me	this		 day of
	,  2023,  by  means  of  physical  presence  or  online  notarization
			, as 				 of Ave Maria University, Inc. He/She	is	personally	known	to	me		or	has	produced
	as identification.

Print Name:	 Notary Public, State of Florida
Commission No.:	 My Commission Expires:	

{Notary Seal}

Exhibit A Legal Description

Tract R, of Ave Maria Phase One, according to the plat thereof recorded in Plat Book 46, pages 16 through 29 of the Public Records of Collier County, Florida.

Exhibit B Depiction of Work area

FIRST AMENDMENT TO COST SHARE AGREEMENT BETWEEN AVE MARIA STEWARDSHIP COMMUNITY DISTRICT AND AVE MARIA UTILITY COMPANY, LLLP, FOR CONSULTING SERVICES

This First Amendment (“First Amendment”) is made and entered into as of this 	
day of 	 2023, by and between:

Ave Maria Stewardship Community District, a local unit of special-purpose government established pursuant to Chapter 2004-461, Laws of Florida, being situated in Collier County, Florida, and whose mailing address is 2501A Burns Road, Palm Beach Gardens, Florida 33410 (the “District”); and

Ave Maria Utility Company, LLLP, a Florida limited liability limited partnership, whose address is 2600 Golden Gate Parkway, Naples, Florida 34105 (“AMUC” together with the District, the “Parties”).

RECITALS

Whereas, the District and AMUC previously entered into that Cost Share Agreement for Consulting Services, dated March 7, 2023 (“Agreement”); and

WHEREAS, pursuant to Sections 3 and 8 of the Agreement, the Parties desire to amend the Agreement adding the additional services as set forth in more detail below and as further described in Exhibit A, attached hereto (“Services”); and

Whereas, each of the Parties hereto has the authority to execute this First Amendment and to perform its obligations and duties hereunder, and each party has satisfied all conditions precedent to the execution of this First Amendment so that this First Amendment 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 are hereby acknowledged, the District and AMUC agree as follows:

SECTION 1. The Agreement is hereby affirmed and continues to constitute a valid and binding agreement between the Parties. Except as described in Sections 2 and 3 of this First Amendment, nothing herein shall modify the rights and obligations of the Parties under the Agreement. All of the remaining provisions, including, but not limited to, the engagement of services, indemnification, and sovereign immunity provisions, remain in full effect and fully enforceable.

SECTION 2.  The Agreement is hereby amended to reflect the addition of the Services as further described in Exhibit A attached hereto.

SECTION 3. As compensation for the Services described in Exhibit A, the District agrees to pay AMUC a total of eighty percent (80%) of the total cost.

Section 4.	Except as specifically amended above, the Agreement shall remain in full force and effect, unaltered by this First Amendment.

In witness whereof, the Parties execute this First Amendment to be effective the day and year first written above.

Attest:	Ave Maria Stewardship Community District

Secretary / Assistant Secretary	Chairperson, Board of Supervisors

Print Name: 	
Print Name

Attest:	Ave Maria Utility Company, LLLP
a Florida limited liability limited partnership

Witness

By: 	

Print Name: 	

Print Name	Title: 	

Exhibit A:	Scope of Additional Services

EXHIBIT A

Scope of Additional Services

COST SHARE AGREEMENT BETWEEN AVE MARIA STEWARDSHIP COMMUNITY DISTRICT AND AVE MARIA UTILITY COMPANY, LLLP, FOR CONSULTING SERVICES
TI-rrs AGREEMENT (' Agreement ) is made and entered into as of this 2- day of
/r'\o.rcJA	2023 by and between:

Ave Maria Stewardship Community District, a local unit of special-purpose government established pursuant to Chapter 2004-461 Laws of Florida being situated in Collier County Florida and whose mailing address is 2501 A Bums Road Palm Beach Gardens Florida 33410 (the 'District' ); and

Ave Maria Utility Company, LLLP a Florida limited liability limited partnership whose address is 2600 Golden Gate Parkway aples, Fl01ida 34105 ("AMUC'' together with the District, the "Patties').

RECITALS

WHEREAS, the District was established for the purpose of planning financing, constructing installing, operating, and/or maintaining ce1tain infrastructure; and

WHEREAS, AMUC ha contracted with an independent contractor to provide geographic infonnation ystem and asset management consuJting service (the 'Services") for as ets located within the District owned by a variety of community parti s, including the District, a ftuther utlined in Exhibit A attached hereto; and

WHEREAS, for ease of adrnini tration and the benefits received by the residents and property owner within the District the District has agreed to pro ide funding for a portion of the Services as described in Exhibit A related to District assets; and

WHEREAS, the Pa11ies desire to memorialize and et forth clearly their understanding and agreement with respect to allocation of costs between the Pa1ties for the Services as well as certain other matters addressed herein.

Now, THEREFORE in consideration of the recitals, agreements and mutual covenants contained herein, and other good and aluable consideration, the receipt and sufficiency of which are hereby acknowledged by the Pa1tie the Partie agree as follows:

INCORPORATION OF RECITALS.	The recitals stated abo e are true and con-ect and by thi reference are incorporated into and form a material part ofthi Agreement.

CONSULTING SERVJCESCONTRACTAND COST SHARING.

The Pruties acknowledge that it is in the best interest of the residents and property owners within the District for the Services to be provided within the District. The Pa1ties herein agree that the District shall not be

considered a party to the consulting services contract other than by virtue of the Distdct's status.

	As compensation for the Services described in Exhibit A rendered through September 30, 2023, the District agrees to pay AMUC a total of Fifty Thousand Dollars and No Cents ($50,000.00). It is anticipated that there may be remaining Services provided after September 30, 2023, or supplemental Services that may be authorized pw·suant to Section 3 below in futw-e fiscal years. Additional compensation for such Services may be authorized pursuant to future amendment executed by both Pa1ties pursuant to Section 8 below.

APPROVAL OF SUPPLEMENTAL SERVICES. AMUC shall notify the District, ill advance, of any supplemental services proposed to be provided by AMUC that it is requesting additional funds from the District. The District shall approve or deny the provision of such supplemental services, in writing within forty-five (45) days of the notification, prior to commencement of such services. The District shall not be required to compensate AMUC for any supplemental services performed without prior written consent.

PAYMENT OF COSTS. The District shall make payments in advance to AMUC for the costs, including any supplemental services approved pursuant to Paragraph 3, above. AMUC shall invoice the District for their payment. The District shall make payments no later than fifteen (15) days after receipt of invoice.

TERMINATJON. The Pa1ties shall each have the right to tenninate this Agreement for any reason upon sixty (60) days written notice. Upon termination the District and AMUC shall account to each other with respect to aU matters outstanding as of the date of termination. Upon tenuination, the District shall not be responsible for any future services, including any Services that have not yet been perfonned. If District had advance funded any Services that have not been perfom1ed at the time of tennination, AMUC shall refund such monies to the District. Upon termination of this Agreement, AMUC shall provide District with all records pertaining to the District assets and compiled on its behalf in a fo1mat accessible by the District.

INDEMNIFICATION. AMUC agrees to indemnify and hold haimless the Disnict and its officers, agents and employees from any and all liability, claims, actions, suits or demands by any person, corporation or other entity for injuries, death property damage or other damage of any nature, arising out of or in com1ection with, any negligent act or omission, or willful misconduct, of AMUC. The provisions of this Paragraph 6 shall survive any revocation, suspension or tennination of this Agreement.

NEGOTIATION AT ARM'S LENGTH. This Agreement has been negotiated fully between the Parties as an anns-length transaction. The Parties pa1ticipated fully in the preparation of this Agreement and received the advice of counsel. In the case of a dispute concerning the interpretation of any provision of this Agreement, all Parties are deemed to have drafted, chosen and selected the language, and the doubtful language will not be interpreted or construed against any party.

2

AMENDMENT. Amendments to and waivers of the provisions contained in this Agreement may be made only by an instrument in writing which is executed by all of the Parties hereto.

AUTHORITY TO CONTRACT. The execution of this Agreement has been duly authorized by the appropriate body or official of all Parties hereto, each pa11y has complied with all the requirements of law, and each patty has full power and authority to comply with the te1ms and provisions of this instmment.

NOTICES. All notices, requests consents and other communications hereunder ('1Notices") shall be in writing and shall be delivered, mailed by Federal Express or First Class
Mail, postage prepaid, to the Parties, as follows:

Ifto AMO:

If to District:

Ave Maria Utility Company, LLLP 2600 Golden Gate Parkway
Naples Florida 34105 Attn: Jason Vogel

Ave Maria Stewardship Co1mnunity Distri t 250 lA Bums Road
Palm Beach Gardens, Florida 33410 Attn: District Manager

With a copy to:	Kutak Rock LLP
I 07 West College Avenue Tallahassee, Florida 32301 Attn: Alyssa C.. Willson

Except as otherwise provided in this Agreement, any Notice shall be deemed received only upon actual delive1y at the address set forth above. Notices deljvered after 5:00 p.m. (at the place of delivery) or on a non-bus ness day, shall be deemed received on the next business day. If any time for giving Notice contained in this Agreement would othe1wise 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 govemment shall not be regarded as business days. Counsel for the Pai1ies 1nay deliver Notice on behalf of the Parties. Any patty 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 pa11ies and addressees set fo11h herein.

APPLICABLE LAW AND VENUE. This Agreement and the provisions contained herein shall be construed, interpreted and controlled according to the laws of the State of Florida. Venue for any dispute arising under this Agreement shall be in a cou1i of appropriate jw-isdiction in Collier County Florida.

TERM. This Agreement shall become effective as of the date of execution by the last signing party and renew rumually until co1upletion of the Services, along with any additional services authorized pursuant to Section 3 above. Prior to each renewal the AMUC may, with 60 days' w6tten notice to District request an update to the costs described in section 2 upon reassessment. Any such change in cost allocation and computation of the costs will only be effective once executed by the Parties.

ENFORCEMENT. A default by either Party under this Agreement shall entitle the other Parties 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.

ATTORNEYS' FEES. In the eve.nt any Party is required to enforce this Agreemeot or any provision hereof tlu·ough binding arbitration, cou11 proceedings or otherwise, the prevailing Party shall be entitled to recover from the non-prevailing party all fees and costs incurred, including but not limjted to reasonable attorneys' fees inctmed p1ior to or duiing any such arbitration, litigation or other dispute resolution, and including fees incmTed in appellate proceedings.

ASSIGNMENT. This Agreement may not be assigned, in who]e or in part, by any Party. Any purpo11ed assignment without such approval shall be void.

LIMITATIONS ON GOVERNMENTAL LIABILITY. Nothing in this Agreement shall be deemed as a waiver of imnrnnity or limits of liability of the District beyond any statutory Ji111ited waiver of immunity or limits of liability which may have been adopted by the Florida Legislature in Section 768.28, Florida Stalllfes, or other statute, and nothing in this Agreement shall inure to the benefit of any third party for the purpose of allowing any claim which would othe1wise be baned under the Doctrine of Sovereign Immunity or by operation of law.

PUBLIC RECORDS. The AMUC understands and agrees that all documents of any kind for Services performed on behalf of the District, pe11aining to District assets Ol provided to the District or to Di.strict Staff in connection with the work contemplated under this Agreement ate public records and are h·eated as such in accordance with Florida law.

BINDING EFFECT; No THIRD PARTY BENEFICIARIES. The terms and provisions hereof shall be binding upon and shall inure to the benefit of the District and AMUC. This Agreement is solely for the benefit of the fonnal Pai1ies hereto 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 pa1ty hereto. Nothing in this Agreement, expressed or imp]jed, 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 d1e Parties hereto and their respective representatives, successors and assigns.

ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Pa11ies with respect to its subject matter and all antecedent and contemporaneous

4

negotiations, undertakings, representations, warranties, inducements and obligations are merged into this Agreement and superseded by its delivery. No provision of this Agreement may be amended, waived or modified unless the same is set forth in writing and signed by all of the parries to th.is Agreement, or their respective successors or assigns.

EXECUTION IN COUNTERPARTS. Thjs instrument may be executed in any nw11ber of counterparts, each of which when executed and delivered, shall constitute an original and such counterparts together shall constitute one and the same instrument. Signature and acknowledgment pages, if any, may be detached from the counterparts and attached to a single copy of this document to physically fonn one document.

[Remainder of Page Intentionally Left Blank]

5

IN WITNESS WHEREOF, the Pai1ies execute this agreement the day and yeai· first written above.

Print Name

Secretary

Attest:

flnolv1.lJ

s istant

Kartne (,>

Print Name:	/J, JA::1 \?9,-n

K.

Attest:	Ave Maria Utility Company, LLLP
a Florida li.n•	•	"lity limited partnership

Type text here

Witness.
Tammy Smith
Print	rune	Title:   ----------------

Exhibit A:	Consulting Services Proposal

6

EXHIBIT A

Consulting Services Proposal

www.etminc.com tel 904-642-8990 • fax 904-646-9485
14775 Old St. Augustine Road • Jacksonville, Florida 32258

February 9, 2023

Jason D. Vogel
Ave Maria Utility Company
5076 Annunciation Cir, Suite 102 Ave Maria, FL 34142 JVogel@amuc.com
239-348-0248

RE: Ave Mario Utility Company G/5 and Asset Management Services

Dear Jason D. Vogel:
Pursuant to your request, England, Thims & Miller, Inc. (ETM) is pleased to submit a professional services fee proposal to Ave Maria Utility Company for continued geographic information system (GIS) and asset management consulting services for infrastructure described below located within the Ave Maria Stewardship Community District boundaries.

Task 1 - G/5 and Asset Management Support Services Place of Performance: Virtual/Remote/On-site Approach:
ETM will provide on-going consulting services for Ave Maria Utility Company to support GIS and asset management services throughout the Ave Maria through staff augmentation. ETM will provide a dedicated geospatial consultant and team to provide the following, but not limited to type of services.

System Optimization: ETM's team will review and standardize Ave Maria Utility Company's Esri ArcGIS Online and Cartegraph's OMS environments to better align with industry standards.
Data Management: ETM's team will routinely update Ave Maria Utility Company's GIS data features via digitizing or CAD-to-GIS conversion and help automate updates using GIS python scripts, (if possible). Create data collection processes using Cartegraph's mobile application.
Training and Support. ETM's team will provide GIS and asset management training and dedicated support to Ave Maria Utility Campany.
	Work and Asset Management Optimization. ETM's team will review existing work and asset management environments and provide recommendations, correct errors/issues with configuration. Additionally, ETM's team will review existing OMS preventive maintenance plans, automations, reports, dashboard gadgets, filters and or create ones to expedite/optimize workflows.

d • Th

.	&

lffl)

ENGINEERS - PLANNERS· SURVEYORS· GIS • LANDSCAPE ARCHITECTS

Jacf,sorwI11e • Daytona Beach • Orlando • Gainesville

m·11	I

en9

Ian	

I a:r, nc.	REG-00002584 LC-0000316

Jason D. Vogel
Ave Marfa Utillty Company

February 9, 2023
Page 2

Operational Process Review. ITM's team will work with Ave Maria Utility Company's staff and assist with identifying opportunities to improve processes and workflows for work and asset managetnent.
System Administration: ETM's team will provide Esri GIS and Cartegraph OMS system administration for Ave Maria Utility Company. Tasks include, but are not limited to the following: update data structure, creating new fields, editing layouts, etc.
Requirement Gathering Workshop On-Site Session
ITM proposes a 3-day on-site requirement gathering workshop (RGW) to meet with Ave Maria Utility Company's key personnel and gather workflow processes and current challenges. Through the workshops and interviews, ETM will identify best fit scenarios for OMS and use the 1nforrnation to best configure and optimize the services listed above.

Task 1- Cost	
GIS and Asset Management Services *	$138,000	
Travel Expenses **	$5,000	
Total Cost	$143,000	
"'Service fees not to exceed amount without prior approval
*"' Travel and expense fees not to exceed without prior approval

Task 2 -Additional On-site Services and Travel Expenses (if needed}

ETM will provide additional on-site visits/sessions at the request of the A.ve Maria Utility Company team. A rate $155/hr. will be applied for 'Task 2' to capture ETM's staff travel time. Any additional travel expenses for meals, rentals, and hotels, etc. related to the request will also be applied.

ETM's team will work with Ave Maria Utility Company to coordinate additional on-site visits.related to the services listed above in 'Task l'.

Ifthescope of a request overlaps with services identified in 'Task 1' or hours dedicated to ETM through Carte.graph's 'Orange Advantage' hours, only the time and expenses that exceed the dedicated hours for 'Orange Advantage' and travel will be invoiced.

Requests for services not included in 'Task l' by Ave Maria Utility Company, or would take an extended period time/effort and require extra resources would be comtnt.micated and applied to 'Task 2'.

$10,000

Additional Services/Expenses**"'  I

Task 2 - Cost Budget

"'** Services, expense, and trove/fees not to exceed without prior approval

England-Thim) & mmcr, Inc.

Jason D. Vogel
Ave Maria Utility Company

February 9, 2023
Page 3

Task 1 & 2 - Billing and Invoicing Approach

ETM's team will track the billing of time, expenses, and invoicing aga1nst two (2) classifications of asset groups ('wet' and 'dry' as shown below). ETM will use their internal project and billing system to separately track and invoice Ave Maria Utility Company for services using two separate project numbers.

Using the two separate project numbers will allow ETM and Ave Maria Utility Company to easily separate and track against current fiscal budget funds. Future project codes can be added in the future as needed.

(lj	All types of assets that fall under the following domains are considered 'wet' and will bill against a
bucket of funds supported, Water, Wastewater, Irrigation, Treatment Plants
(2) All types of assets that fall under the following domains are considered 'dry' and will bill against a bucket offunds supported, Storm, Transportation, Walkability, Parks & Recreation, and other custom assets such as 'curb', 'easement,' 'fence', and 'reflectors.'
1.  Funding for the scope of work related to bullet (2) above !'dry') are subject to district board review and approval.

ETM Software Supplement As Shown in Task 1

Client Name:	Ave Maria Utility Company ("Client'')

Client Address:	5076 Annunciation Cir, Suite 102 Ave Maria, FL34142

Client Contact:	_Ja_s_o n_D_._V_o g e I	 _

Client Email:	JVogel@amuc.com

Client Phone:	 239-348-0248	

Software:	□DeepVUE	IZI sri	Cartegraph	D Other:

Scope of Work: Client hereby retains ETM to perform the services (the "Services'') outlined in the 'Scope of Work' section above starting on Page 1.

Any software deliverable arising from the Services, together with any software elected above, together constitute the "Software." Client's use of the Software is subject to the Software Supplement on the next page

Jason D. Vogel
Ave Maria Utility Company

February 9, 2023
Page 4

Software-Specific Terms

lncorporatron: This Soft:Wi!lre Supplement incorpOrates by re,erence the Generrll Condltlons, attitched
hereto.

Access and Use.:: ETM h reby grants to Client a non-exclusive, non-sublicer1sable, non-transferable r1ght lo atte.$S a,id use. the. Softwa.rl!' (and any applicable web poml) during th Term. ElM ,Me,ves the right to suspend Chent'.s ar;.ce!ij to an1/ appltc-a.ble onOne. _portal if CUent bre.!lch thl!. Sohware­ Suppfement or th! G@nerat Terms, mc:ludinc the terms.requ,r1ng timely paymentoflnvoh::e!.,

Client shall not use the Software for any purpo.5es beyond 1he scope of acceu vant d herein and shall not revers!' engineer, dis;usemble-1 decompde decode-1 adapt, or otherwise attempt to derlve or gain access to any c::ode supporting the Software:, nor shall Client u e the-Software in o,ny mann r or for any purpo.se that infrlnges misappropriate.$, or otherwise violates any intellec:toal pl'opert'y tt8 t cf any person or applicable law. Client is responsible for .all sets and om!nloru cf ih emplo',' es or gents who ac:ceu the. Software through Clrem'.s a.cce-ss to the-Sofrwa,e.

Support  If th S.oftware t,a!i any inue.s lmpairio&Clleot's us, of .same, sue.ti a-s delays, lnoperablllry, or glitchu, the!'I Oierit's sole re.mi!!!d'y is to conu1c.t ETM' support , am. CUent may contact ETM"s uppcrt teom through Client's dedk.ated c::onlact vJt,h ETM during normal bu.siness hours. or b\l emailing SolurionSupport@etminc.com. ETM wHI use c:ommerctally reasonable efforts to re.5pond and addren the Issues in a timely manner.

S\i!::pcnslon of Sohware.:: ETM may suspend cnent's accen to the Software if: (a> ETM rea.sonablv determine!i tllat t ere l!i -a threat. OI" -,nac:lc: on the Sol ware or othr.r ETM or third.party intellectual property rl&hts; (b) continued access to the Software could violate applicabl• law or infringe th• Intellectual property nght> of• thlrd party! (c) If Clie t uses the Software for f;audulent or illegal activlti,sj or (d} If any thrrd•party vendor of ETM suspends ETM'1 .;cc::eu or use or the-thir'd p.arty's s- rvice neces.sary for the prov1s1on of the Sohwa,e-. ETM .shall vsecommerciallv reasonable effort$ to appfbe:Cl1e.ntof u1ch suspe-n510n and to resume provtdmc acce-ss to the Software as :icon a.s reasonaibly pouibleafler the. event gNioc rbt:. to the suspc.nston hu be-r.n rt"solved, E'TM will hove no liability for
.in1p1 d.1ma_g.e, liabll1t1e11los-.se (lndudloglo !iOf data or profits)1n urred a.s a result of sua:h.i su.s.!)e.nsion.

Wam'"ty Disclaimer: ETM PROVIDES ALL DATA, SOFTWARE, AND1l!AINING ''A,Ss.·	ETM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY. NONINFRINGEMENT, ANO F-ITNESS FOR A PARTICULAR PURPOSE, WJTI-! RESPECT TO ANY SOFTWARE, SERVICES OR DATA PROVIDED UNDER THIS SOFTWARE SUPPLEMENT. ETM MAKES NO WARRANTY "THATTHE SOFTWARE OR PRODUCTS RESULTING FROM THE SERVICES WIU MEET CLIENT'S REQUIREMENTS, OPERATE WITHOUT
INTERRUPTION, AC>IIE\IE ANY INTENDED RESULT. SE COMPATIBLE OR WORK wmi ANY SOFTWARE,
S\'S1EM, OR OlHER SERVICES, OR BE SEOJRE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, 0 ERROR FREE.

Intellectual Property Ownership: Client acknowledges that, as between Client and ETM, ETM owns all right, title, and Jnterest, including all Intellectual propertv righ1s1 in and to the Software (iiU configured by ETM), documentation accomp,nying any valnlng, and othe, Intellectual properr,, provldod b ETM tc Cllent. if Client, er ils emplo es or agents. $\Jggests any feedbc1d:;, iuch as a new feature or function.,lity to add to the Services or Software, the!'I ETM is: fr-er- to use sud, feedback lrre.5pect1ve of any other obli'gatton or limitation be,ween the parties. CHent shall not remove any proprletuv or confidenrral lcgt!nds from an'I' data outpuu tor derivative works thereof) obtained from theo Servic,es. ETM re.serves all r,gJ,n,o l'elSIYgranted t-o dient tntt\t.5 Softwari!SUpplementL

With re,pect to th,rd-porty product,, such_. product, p,ovided bV E5'1 and C neg,aph, the applicable tr,ird-party providen.own .all ri_ght, (it\e, .ind interest, 1nc:lud1fl£ all lntellectuitl propert-y rights, tn ar,d tc s.uch producu,

ETM admowl!dg 1hat1 a between ETM and Cllent, Cllent owns all righl; true, and lnrereu, 1nclud,ng,all 1nte.llectual property righU, in and to all rnformation, trademarks, trade secreU, and other inteUec::tual property provided bf Olent 10 ETM ,n ony form or medium (th• "Cllont Data"). Clrent cranh to ITM • non•l!Kclw;ive, wortdw,dc, royalty.free license to reproduce, dlsplay, d1.nr1bute, and otherw;se. usl' d,l' Client Data and perform -acts wirh ,e:spect to the Client Data that mB',' be necen'1ry for ETM to provide the Servtc::es to Client, It 1s Cllent'.s. sole responslbllltv to rnform ETM In writing in advanct!: of -any jJropri urv lnformarion1 suc.h a propn!!ltarv map1i thal Client provides-to OM In c.onnl'!ction with the: Se.rJ•ce.s.

Mutual Confldentlallty: In the c-ourse of performing the Service1, either party may d1nl0je or make i!VilHable to the oth!r partv Information abou1 Its buitines-safta1rs, products, conlideint1.il lnt,Hecwal property, tr3deecrNsr thlrd•party confidential mformat1on, and other sensltlv or proi:,rietarv mforrnation, Whether or notmark.e.d, dMignat d, o, othe.rwJ t. tdentlfied as '°oonfldentjar (cotl ctive_ly,
..Confidentfal Information"). lnfOrmition obtained from Clrtegtaph seNic ts c1.l.so ConfideMial Information. Confldentj.:if fnformation does not include Information that, at the time of dlsclonlre, is (al m the public domaln; (b) known to th• receiving party at th• time of disclosure: (cl richtfully obraine.d by he rece1v1ng party on ii non•c::onfldent1al bas,:. from a third party; or (d) independently devetoped by the r@cl!i\rlng party

The recefvmg party ihr1U not di dose the. dbdo.shic, part{s C.Or,fjdl:!'ntf.il !n.formati n to .iny peir-son OT ntlty, e:ictl!!pt ro the. rncehiing pany's emp1oyee.s or .agcmts who have a need to know the Conf1de.n1la! Information to e:icerclse rrt, recei\llng, partyr1 richts. or perform the receiv n& part1(1 cbligiJUoru hereunder. Either party may disclose Ccnfldential tnformatlon to th Umlrl!!d EJttenl l"!ec:enary ,o t:omply with the ordrr of a c.ourt or g0Vi!!rnmen1al bodv, or as necessary to comply With appllcab1e taw1 provided thait the p rty ma l"g \he dfsclosure fir.st gtvl:!'s written notice to th!! other party (if permirttd by law) to g;ve the othe, party it reasonable opport1.1nhy to obtain a protect,ve otde,.

Upon termination of ihls Softwar Supplement, or upon re:quen by the d1:.closing. pilny, the receiving party st,all promptly return or dcstroV all documents or electronic embodfrnents of the disclosing pa,rty's.Co11f1dent!al Information,. Each party's obligations or nondlsclo1ure with re.speer to Confidential Information wlll e)l.pm: rive vears ,rorn ttie date. ilrn dlsc:losed o:, th rei:eiVing party, e.:llcl:!!pt that with respect to any Confident7af lnformiltioo constltutmg i: trade .iec:ret, such obl1gatlons cf nond1sclolure will survive the. termination or ekpir.atlon of d,ts Software Supplement for as Jong n such Confidemial Information rf!mains a trade secret under applii:able li!W.

Eguhable Relief: Each party act',()0l.'!Jle-dgll!'s that a brciach or 1hreate11rid breach by the- party of ltt,. c.ooffdentiaUty obl1gaticr,s he.re.under would r:avse. 1he oth. r party Irreparable harm for whfch mone,ary damages would not be .en ,1idequate- remedy. Each party therefore agre s thu )n thil!'e, vent of uch breach or thrf:atened b,e.-ch, the oth!:'r party will be enlilled to equitable relief, wlthout any fequ(remen1 to post bond, ln addition lo all other remedil!s at law and equ,ty.

Terrn and Termination::The Terrn of this Sohw ,e Supplement will be for th du,;nion Jisttid on the: firn PiJCC h reto. If C11cnt wi'ske.1 to cont1nue receiving the" .Services -a,fte.r t eXpiration o( the Term.., then Cll•nt mus\ inform ETM 1n wnt]ng no later than 60 day• before the expirat,on of the 1em,. ErM will then send Cliient monthly invoice5, as srated 1n the General Cond,iions, at the hourly rate lined above.

11 Cllent choose:, to terminate: this Software Supplement p11or to the expiration o the Term, then Cllt'nt
.fihaft provide wdtte-n notice of ?:.1rnei to ETM, Withm 30 day1 of Oient15 tcrmjna ion of t 1s Software Supplement, ETM shaU prcvrde to Client an item1zed fist showm,&all cons incurred by £TM ,n a result or Client's early te.rmfriarlon1 such as the pro rata cost of any third•party liccns fets p,ocurtd by ElM for Chent. Client shall reimburse ETM (he full ii mount or all invofc-ed cons within 30 davs of Cllent's-rece1pt of .samr.... Upon !!tp1ration or urmlmnion of thi.s Software Suppleme.nt1 Client.shall immediately ce.Jse u.se of the Sohwa,e,

lndemnllicatron; E•ch party shall Indemnify ond hold harmles, the other party from and agoln,t ony ond
-all cl!im aris:ing,from or relattng_to the party""5 breach of th1 Software Supplement or .-nv rep,eselltatlon or warranty here.1n. No,wlthstandlng the ro,egoin.g, 1f ETM receives- notice that any Sot,ware provld@d herr..under infrln,geJi an intellectual property right of ,i!i third party, ihen Client's sofe remedy ls to obtain
from E"TM a non infringinc VMslon or \he Software with substantially tke .1ame functionality a.s V\
Sohwere. If this remedy Is msuff,cient or !mprat' icable, then £TM may te.rmtnare ti,!$ Softw;ue Supplement on notice to Client.

Entirp Agreement: This Software-Supplement, tOGi!lh!!f w1th the Gen ,.al Terms, tonstltuU! the sol• and
entire agrel!me.nt of the partie1 With respect to the Software md the: Servke-5- and supersedes all prlor
-and conternporaheous understandingsr agreeme.hu, and repre.sent.ation with fe.!ipec.t to same.

Amendment; Waiver. No amendrneo to hlt Soft:Wart suppl me.nt ls effectl\le ori.te.s!. It is il'I v.itlti g.11nd sigol!'d by 11n authorii!ed repre.1entath.re of eoch party. No W iveir- by i!lny partv of anv or the. provl5ion..­ h!reund!!.r w'ill bl! effecfive unles,, e:ic.plicUly s-et forth in wrlting and igned b';' the waiving party,

Submlsdon to Jurl!.dic-tion Any legal action arl.sfng out or or relati"ng tc lh1 .Software: Supplement mun be l'lst1UJted 1n th federal or sta e courts louted in Jac. onvillei, Florld.1. Each par,y irrevoc.1bly submlts to the eKclus:ive jurisdiction of such coYrts In any such action.

Survival: The Mucual Confidentlalfty, Indemnification, Warranty Disclaimer, and lntefl!c<ual Prop@rty Ownership, and Subm1uion to Jurisdiction clsuse-s hereof will survive- the ref'TI'llnatlon Of e:icpiraiion of this Sofn,,ar• Supplemen

England-Thim) & mmczr Inc.	

Jason D. Vogel
Ave Maria Utility Company

February 9, 2023
Page 5

Please indicate your agreement with this proposal by signing in the space provided and return one copy to our office.

If you should have any questions or require additional informafion, please call. Thank you for this opportunity to be of professional service.

Sincerely,	Accepted this -	day

England-Thims & Miller, Inc.
: ,:£):--
Director of Geospatial Technologies

Shawn Barnett
EVP, Survey and Geospatial Technologies

of 		2023

By· --------------

for:	Ave Maria Utility Company

Its: 	

England-Thim) & mmcr, Inc.

Ave Maria Stewardship Community District
Budget vs. Actual
October 2023

	Oct 23		23/24 Budget		$ Over Budget		% of Budget	
Expenditures								
01-1130 · Payroll Tax Expense	61.20		734.00		-672.80		8.34%	
01-1131 · Supervisor Fees	800.00		9,600.00		-8,800.00		8.33%	
01-1310 · Engineering	5,880.00		85,000.00		-79,120.00		6.92%	
01-1311 · Management Fees	9,000.00		108,000.00		-99,000.00		8.33%	
01-1313 · Website Management	250.00		2,500.00		-2,250.00		10.0%	
01-1315 · Legal Fees	10,398.28		80,000.00		-69,601.72		13.0%	
01-1320 · Audit Fees	0.00		20,300.00		-20,300.00		0.0%	
01-1330 · Arbitrage Rebate Fee	0.00		3,900.00		-3,900.00		0.0%	
01-1441 · Travel & Lodging	2,136.09		5,000.00		-2,863.91		42.72%	
01-1450 · Insurance	88,418.00		45,000.00		43,418.00		196.48%	
01-1480 · Legal Advertisements	2,834.16		8,000.00		-5,165.84		35.43%	
01-1512 · Miscellaneous	414.07		6,000.00		-5,585.93		6.9%	
01-1513 · Postage and Delivery	32.47		2,000.00		-1,967.53		1.62%	
01-1514 · Office Supplies	684.25		3,500.00		-2,815.75		19.55%	
01-1540 · Dues, License & Subscriptions	175.00		500.00		-325.00		35.0%	
01-1541 · Misc Filing, Notices, etc.	0.00		500.00		-500.00		0.0%	
01-1733 · Trustee Fees	0.00		35,000.00		-35,000.00		0.0%	
01-1734 · Continuing Disclosure Fee	0.00		12,000.00		-12,000.00		0.0%	
01-1735 · Assessment Roll	0.00		20,000.00		-20,000.00		0.0%	
01-1801 · Landscaping - Miscellaneous	3,920.00		31,500.00		-27,580.00		12.44%	
01-1808 · Irrigation Repair	16,047.20		110,000.00		-93,952.80		14.59%	
01-1813 · Storm Cleanup - Electric	0.00		26,250.00		-26,250.00		0.0%	
01-1814 · Storm Cleanup	0.00		60,000.00		-60,000.00		0.0%	
01-1815 · Miscellaneous Maintenance	1,188.00		50,000.00		-48,812.00		2.38%	
01-1816 · Electric-Streetlights,Landscape	6,641.24		89,250.00		-82,608.76		7.44%	
01-1817 · Maintenance Street Sweeping	0.00		1,050.00		-1,050.00		0.0%	
01-1818 · Striping & Traffic Markings	0.00		150,000.00		-150,000.00		0.0%	
01-1819 · Street Light Maintenance	13,131.94		120,000.00		-106,868.06		10.94%	
01-1820 · Maint Sidewalk/Curb Repairs	0.00		157,500.00		-157,500.00		0.0%	
01-1830 · Maintenance Contracts	70,392.59		715,000.00		-644,607.41		9.85%	

Ave Maria Stewardship Community District
Budget vs. Actual
October 2023

	Oct 23		23/24 Budget		$ Over Budget		% of Budget	

01-1831 · Tree Trimming	
0.00		
153,300.00		
-153,300.00		
0.0%	
01-1832 · Storm Cleanup - Landscaping	0.00		26,250.00		-26,250.00		0.0%	
01-1833 · Plant Replacement	0.00		100,000.00		-100,000.00		0.0%	
01-1834 · Mulch	0.00		147,000.00		-147,000.00		0.0%	
01-1838 · Water Management & Drain	0.00		4,200.00		-4,200.00		0.0%	
01-1839 · Entry Feature/Near Well Water	562.26		4,725.00		-4,162.74		11.9%	
01-1841 · Maintenance Irrigation Water	6,711.61		89,250.00		-82,538.39		7.52%	
01-1842 · Maint Fountain/Repair	23,330.66		50,000.00		-26,669.34		46.66%	
01-1843 · Maintenance Rodent Control	570.00		8,400.00		-7,830.00		6.79%	
01-1844 · Maint Equipment Repair	0.00		8,400.00		-8,400.00		0.0%	
01-1845 · Maint Signage Repair	0.00		15,750.00		-15,750.00		0.0%	
01-1846 · Maint Storm Drain Cleaning	0.00		52,500.00		-52,500.00		0.0%	
01-1847 · Mnt Drainage/Lke Mnt/Littorals	4,809.00		78,750.00		-73,941.00		6.11%	
01-1848 · Maintenance Aerators	0.00		2,100.00		-2,100.00		0.0%	
01-1850 · Maint-Preserve Maintenance	21,350.00		63,000.00		-41,650.00		33.89%	
01-1853 · Maintenance Small Tools	2,860.55		3,675.00		-814.45		77.84%	
01-1854 · Maint Miscellaneous Repairs	0.00		30,000.00		-30,000.00		0.0%	
01-1855 · Maint Vehicle Lease/Fuel/Repair	0.00		21,000.00		-21,000.00		0.0%	
01-1856 · Maint Mosquito Control	165,510.41		525,000.00		-359,489.59		31.53%	
01-1858 · Maint Temp EMS/Fire Facility	0.00		9,650.00		-9,650.00		0.0%	
01-1863 · Maint Base Management Fee	1,812.23		23,000.00		-21,187.77		7.88%	
01-1864 · Maintenance Admin Payroll	2,901.17		0.00		2,901.17		100.0%	
01-1867 · Asset Manager	0.00		75,000.00		-75,000.00		0.0%	
01-1869 · Field Operations	44,266.70		600,000.00		-555,733.30		7.38%	
01-1872 · Pressure Washing	0.00		50,000.00		-50,000.00		0.0%	
01-1890 · Maint-Reserve Fund	0.00		27,500.00		-27,500.00		0.0%	
01-1891 · Maint Contingency	0.00		15,000.00		-15,000.00		0.0%	

Total Expenditures	
507,089.08		
4,141,534.00		
-3,634,444.92		
12.24%