2008-31
RESOLUTION NO. 2008-31
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED SECOND
AMENDMENT TO THE CHARTER SCHOOL CONTRACT
FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
BETWEEN THE CITY OF AVENTURA AND THE MIAMI-
DADE COUNTY SCHOOL BOARD; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized to execute the attached
Second Amendment to the Charter School Contract for the Aventura City of Excellence
School between the City of Aventura and the Miami-Dade County School Board.
Section 2. The City Manager is authorized to do all things necessary to carry
out the aims of this resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner Joel, who moved its
adoption. The motion was seconded by Commissioner Stern, and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
yes
yes
yes
yes
absent
yes
yes
Resolution No. 2008-~
Page 2
PASSED AND ADOPTED this 1 sl day of July, 2008.
APPROVED AS TO LEGAL SUFFICIENCY:
~
CITY ATTORNEY
CHARTER SCHOOL CONTRACT
BETWEEN
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
AND
THE CITY OF A VENTURA, FLORIDA ~
ON BEHALF OF A VENTURA CITY OF EXCELLENCE SCHOOL ~
(SECOND AMENDMENT) 04
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Application: ~~r 12, 2001
Contract: . ~ 2002
1 8t AmendmenO~ y 15, 2004 (to change the school's name, increase grade levels and student
enrol/ment capacity)
CRC: ~~ April 9, 2008
2~~-y_: ~:-~ 19, 2008 (to inmas, ,tudent ,nr01lm'nt capacity 4f,cd.. the 2009-2010 School
History:
bp02192008
A ventura City of Excellence School- Second Amended Contractual Agreement
June 18, 2008
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A ventura City of Excellence School- Second Amended Contractual Agreement
June 18, 2008
A VENTURA CITY OF EXCELLENCE SCHOOL
SECOND AMENDMENT TO CHARTER SCHOOL CONTRACT
TABLE OF CONTENTS
I. GENERAL PROVISIONS. .............. ................. ...... ................ ...................... ...................... 1
A. CONTRACT. ................................................................................................................... 1
B. RECITALS..... ..... ............ ........ ......... ....... .......................... ....... ... ................ .... ...... .S...... 1
C. SCHOOL CONCEPT .... ....... .......... .............. ...... ............. ................................. ......... .. 1
D. FULFILLMENT OF STATUTORY CRITERIA FOR CHARTER SCHO~.... 2
E. TERM ........................................................................................................... ~........... 4
F. FORUM FOR CONFLICT ............ ........ .......... ....... ..................... ..........0... .............. 4
G. STATUTORY COMPLIANCE ........................................................"t-~ ................. 5
H. ANNUAL REPORT .....................................................................~.. "'~...................... 6
I. LENGTH OF SCHOOL YEAR. .................................................. ... ........................... 7
,,~. N~~~~~~~:C~~~giii:ATioN;rERMiNAT.HHH.~E.CHARTER.:::: ~
A. GENERAL PRO VISIONS .... ..HHH........ H' H.... HH.HH. H"'~"" H' H' H" H"H' H H...... .HH. 7
B. NON-RENEWAL ..... ......... .............. ........ ........ .....~..... ......................... ...................... 7
C. TERMINATION UPON 90 DAYS NOT~I...~.................................................. 8
D. GOOD CAUSE ......................................... .... .........................................................9
E. IMMEDIATE TERMINATION ........~......... ..........................................................12
F. POST-TERMINATION MATTERS .... ............... ..................................................... 15
III. ACADEMIC ACCOUNTABILITY ....A.. ................................................................... 16
IV. STUDENTS ................. ...................'O~........... ...... ............. .................... ............ ........ 23
A. DEFINITION OF STUDE~. . ............................................................................23
B. ENROLLMENT .................. .... ................................................................................. 24
C. BALANCE..... ........~... .... ..... . .................... ............. ...... ...... ............ ........ ............. ........ 24
D. ENROLLMENT P ... ........ ............... .......... ..................................... ....... ......... 24
E. WITHDRAWAL OR NSFER OF STUDENTS. ................................................25
F. DISCIPLINE........ ......... ....... ....... ..... ..................... .................. .......................... ......... 26
G. EXTRACU R ACTIVITIES ....................................................................... 26
V. FIN AN CI T ABILITY ............................ ..................................................... 27
A. ADM TIVE MANAGEMENT ...................................................................... 27
B. REP G OF STUDENTS .................................................................................... 38
C. F IES .................................................................................................................. 39
D. SPORT A TI 0 N ................................................................................................... 42
R EMNIFICA TION ................ ...................... ............. ............ ............... ..................... 42
. INSURANCE .......... ....... .......... ........ .......... ....... ............................................................. 44
VI. OVERN AN CE STRU CTURE ....................................................................................... 49
VII. MANAGEMENT COMPANIES ...................................................................................... 52
VIII. HUMAN RESOURCES.... ....................... ..... ........ ............. ............. ....... ............................ 52
A. EMPLOYMENT ........................................................................................................... 52
B. PRIVATE OR PUBLIC EMPLOYEES ...................................................................... 56
IX. MISCELLANEOUS PROVISION S........ ............. .......... .................................. ........... ..... 57
A ventura City of Excellence School- Second Amended Contractual Agreement
June 18, 2008
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A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
THE SCHOOL BOARD OF MIAMI-DADE COUNTY. FLORIDA
A VENTURA CITY OF EXCELLENCE SCHOOL
SECOND AMENDMENT TO CHARTER SCHOOL CONTRACT
I. GENERAL PROVISIONS
A. CONTRACT.-- THIS SECOND AMENDMENT TO THE CHARTER SCHOOL
CONTRACT ("AMENDMENT") entered into as of the 22nd day of Ma~)Q8,
between Tbe School Board of MiamI-Dade County, Florida, bereinaft~l"to
as the Sponsor, and THE CITY OF A VENTURA, FLORID~ unicipal
corporation organized under the laws of the State of Florida, he~~r referred to
as the Corporation, on behalf of A VENTURA CITY~ ~XCELLENCE,
hereinafter referred to as the School. All statutes cited he~~efer to the edition
in effect when this charter Contract is executed, subj~~equent amendment of
such statutes. It is the intent of the parties thi}C~ntract shall constitute the
School's Charter. The application appr e
e School Board on December 12,
2001 (elementary application) an~uly
B. :~:;:~;toasAPpe:i~OO ~
(1) The Sponsor and~!^:ntered into that certain Charter School Contract
dated as o~rV, 2002, and amended July 15, 2004, (the "Contract"),
whereby th~sor agreed to permit the School to operate a charter school
purs~~lorida Statutes.
(2) .T~ and School now desire to amend the Contract in its entirety to
lde for the terms and conditions set forth below.
, THEREFORE, in consideration of the mutual benefits to be derived
the parties hereto agree to amend the Contract as follows:
C. SCHOOL CONCEPT. n The mission of the School is to provide the residents of
2004 (middle school application) is
the City of A ventura an education choice for their children within the city limits
while alleviating some of the county's growing educational needs. The School will
serve up to 972 students, grades kindergarten through eight. This School will:
provide students with a challenging, personalized learning experience that ensures
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 1 of 60
the highest measure of intellectual potential and an increased sense of self-esteem.
Students will improve their academic achievement, motivation, discipline and self-
control through a program utilizing personal educational plans, integrated
experiential learning, critical thinking skills, modem languages, recreational and
athletics activities, life skills and technology. The School will have as its core
philosophy the belief that all children can develop as intellectual learners, fu~as
good citizens, learn as individuals in our society and develop as actual ~~ial
workers in our community. Students can be academically succe~ with all
subjects, contributing to their intellectual development. The ~O values the
traditional classroom teacher and the role the family plays in jpf~ng students, and
places strong emphasis on the value of new information ~~logies to enhance
the development of the individual strengths of ea~~t. The School places
emphasis on identifying students' learning ~s Jrd'developing strategies that
enables students to succeed. The Sy~~ low staff-pupil ratio, the goal-
oriented curriculum, and the prepar~n ~aching experience of the selected staff
will provide a high level of cons'~~ between the mission and the educational
program. The School shall inc of the information required to service English
D.
Establish a new form of accountability by seeking to ensure that students learn
at optimal levels; develop models for teaching/learning produced cooperatively
by students, parents/guardians, and teachers; and ensure that each stakeholder
group be actively involved in all phases of learning;
(2) Establish, pursuant to Fla. Stat. S 1002.33(7)(a)3, the current incoming
baseline standard of student academic achievement, the outcomes to be
achieved, and the method of measurement that will be used. Subsection III.(B)
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 2 of 60
(3)
of this Contract includes a detailed description of how the baseline student
academic achievement levels and prior rates of academic progress will be
established, how these baseline rates will be compared to rates of academic
progress achieved by these same students while attending the charter school,
and how these rates of progress will be addressed if found to be deficient when
compared to the rates of progress of other closely comparable 'dent
populations as delineated in tbe District's annual Review of Ch~);;IS
report;
Utilize appropriate instnnnents with documented validit~liabilitY to
measure and monitor growth of students and teachers; ~'
Be non-sectarian in its programs, admissions t~~oyment practices,
and operations pursuant to Fla. Stat. ~ 1 002.33( a......"'"
Admit students as provided in FIlL Stat. 90i.3 (10) and subsection IV oftbis
agreement; ~
Be accountable to its Spon, fo~ormance as provided in Fla. Stat. ~
1002.33(7); 0 ""
Not charge tuition or fe~cePt those fees normally charged by other public
schools, per Fla. S~2.33(9)(d);
Meet all a~CJfederal, state, and local health, safety, and civil rights
requirem n;:--- ~uant to Fla. Stat. ~ 1002.33(9)(e);
e anti-discrimination provisions of Fla. Stat. ~ 1000.05;
(4)
(5)
(6)
(7)
(8)
(9)
.
(1' ~ ~ect to an annual financial audit in a manner similar to that of a school
.~trict and in accordance with Fla. Stat. ~ 218.39;
e; ~ Annually adopt and maintain an operating budget;
"'" (12) In order to provide financial information that is comparable to that reported for
~ other public schools, maintain all financial records utilizing the standard state
guidelines and codification of accounts as contained in the most recent
publication titled "Financial and Program Cost Accounting and Reporting for
Florida Schools" (Red Book); or, at the discretion of the City Manager, a
charter school may elect to follow generally accepted accounting standards for
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 3 of 60
not-far-profit organizations, but must reformat this information for reporting
purposes in accordance with the Red Book;
(13) Be subject to the City Manager's continuous oversight over the charter school
operations; and
(14) Report its progress annually to the Sponsor.
E. TERM ~
(1) This Contract shall become effective upon signing by both par.1i~~ the
term shall cover fifteen (15) years commencing on the first ~~e 2003-
2004 School Year, and ending on June 30, 2018. This CO~~y, however,
be cancelled or terminated during its term as set fort~~ion II below.
(2) In its sole discretion, the Sponsor may grant a~~efurral, not to exceed
two years, allowing the School to postp~ the~ening of the School. If the
School is granted the deferral but the ~l does not open within the time
specified in the deferral, this cha~act will be automatically terminated.
(3) If the Scbool is eligible, this ~Xay be renewed for up to an additional
fifteen (15) years by mutu:.@eement of the parties and upon the terms and
conditions established b@. Stat. S 1002.33(7), (8), for such renewal.
(4) This Contract ma ~ modified during its initial term or any renewal term,
unless suc ations shall be approved by both parties in writing and
re~ nsideration by the other party but only once per school year no
~~n December 1 (unless a later time is allowed because the submitting
.~y demonstrates that an amendment is needed to protect the health, safety,
~ or welfare of the students).
-O~ORUM FOR CONFLICT
"" (1) If a conflict arises out of the terms, construction, or rights or obligations
contained in this Contract, the Sponsor or the School may either commence the
Dispute Resolution Procedure contemplated within Appendix B, or commence
action in accordance with the guidelines stipulated in Fla. Stat. S 1002.33(6)(i).
(2) All conflicts between the School and the parents/legal guardians of the
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 4 of 60
students enrolled at the School shall be handled by the School or its City
Manager. Evidence of each parent's/guardian's acknowledgement of the
School's Parent Conflict Resolution Process shall be available for review upon
request by the Sponsor.
G. STATUTORY COMPLIANCE -- Pursuant to Fla. Stat. ~ 1002.33(16), the School
shall operate in accordance with this Charter and shall be exempt from all st~t
Chapters 1000-1013 of the Florida Education Code, with the excep~ the
following: ~ w
(1) Those statutes specifically applying to cbarter scbools, ~Q Fla. Stat. !
1002.33; ~.
(2) The scbool improvement and education acco~~~sions of Fla. Stat.
~ 1008.345; ~ T
(3) Those statutes pertaining to !be stud~sessment program and scbool
grading system; ~
(4) Those statutes pertaining t~e ~ision of services to students with
disabilities (special educati~.el~"ntS);
(5) Those statutes pertainin~ivil rights, including Fla. Stat. ~ 1000.05, relating
to discrimination;
(6) ing to student health, safety, and welfare.
(7) In addi~,~h chool shall be in compliance with:
. (a K~at. ~ 286.011, relating to public meetings and records, public
"-.. ~;spection, and criminal and civil penalties;
~ \,J'f,) Florida Statutes Chapter 119, relating to public records;
rt.; ~T (c) Fla. Stat. ~ 218, relating to financial audits and financial emergencies;
~ (d) Sponsor's Scbool Board Rule 6Gx13-6A-1.471. Charter Scbools;
(e) Fla. Stat. ~~ 112.311 - 112.326, Code of Ethics for Public Officers and
Employees to the extent that it is applicable to local government
agencies because the School is an agency of a local government; and
(1) School Board Rule 6Gx13-4A-1.213, Code of Ethics to the extent that it
does not conflict with the provision of Chapter 112, as it applies to the
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 1008
Page 5 of 60
School.
(8) The School agrees to adhere to a policy of non-discrimination in educational
programs/activities and employment, and to provide equal access and
opportunity for all, as required by federal and state laws, State Board of
Education administrative rules, and School Board rules.
H. ANNUAL REPORT ~
(1) The School shall make annual progress reports to its Sponsor v~a,,\h~line
Accountability Report by the deadline specified by the Florid~~ment of
Education which, upon verification, shall be forwarded to t:\". ~issioner of
Education. The report shall contain at least the followi~'
(a) student acbievement performance d~ ~~ the information
required for the annual school report anl-tlre eoucation accountability
system governed by Fla. Stat. ~S 1~3 and 1008.345. The report must
also include student achiev~~ation that links baseline student
data to the School's ~o~ projections. The School shall also
identify reasons for ~~erences between the projected and actual
student performa~
(b) financial st~ the School, evidenced by quarterly and annual
finan~~ents prepared in the required formats, which must
inclu&~ minimum, a balance sheet(s) and statement(s) of revenues,
~>>tiitures and changes in fund balance at a level of detail that allows
.,~ ~alysis of the ability to meet financial obligations and timely
'0" repayment of debt;
~ (c) documentation of the facilities in current use and any planned facilities
"" e; for use by the School for instruction of students, administrative
~ functions, or investment purposes; and
(d) descriptive information about the School's personnel, including
demographic data, salary and benefit level of School employees, the
proportions of instructional personnel who hold professional or
temporary certificates, and the proportion of instructional personnel
teaching in-field or out-of-field.
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 6 of 60
I.
(2) The School agrees to do an annual cost accounting and provide such
information to the Sponsor by August 1 each year.
(3) The School will provide the Sponsor a School Improvement Plan adhering to
the guidelines provided by Miami-Dade County Public Schools by the date due
according to State and/or Sponsor's requirements. The School Improvement
Plan will contain the measurable objectives that will be pursued by the~ol
during the subsequent school year. ..L '\ ~
LENGTH OF SCHOOL YEAR.-- The School's calendar shall b~~ent with
the beginning of the Sponsor's public school calendar for ea~~l year. The
School shall provide instruction for at least the number of ~quired by law for
other public scbools, and may provide instruction ~~ days. Tbe School
may choose to provide a summer school progra ~~ng the Supplemental
Academic Instruction (SAI) funds provided by ~S.tate for such purposes.
DISTRICT TECHNOLOGY -- All ~~l employees, as users of the M-
DCPS network and mainframe, ,-boMy the same computer policies and
standards regarding data privacy O~tem security as are all district employees.
These are defined in the Schoeard rules regarding copyright, e-mail, and Internet
acceptable use as well a~-DCPS Network Security Standards and are based on
state and federal ~Vgarding use of student data and student right to privacy.
These district pol~~nd standards are available on the M-DCPS web site.
J.
II. NON-RENE ANCELLATION/TERMINATION OF THE CHARTER
A. G~ PROVISIONS.-- This charter Contract may be cancelled or terminated
^~~ term by the Sponsor for any reason set forth in this section. Notices of
e;~ination, cancellation and default may be issued by the Sponsor's Superintendent
...0 or the Superintendent's designee.
')J. NON-RENEWAL
(1) The Sponsor may choose not to renew the Contract at the end of the current
term for any of the following grounds if the school has failed to correct a
deficiency(ies) of which the Sponsor had given a notice of noncompliance
(either with a 90-days non-renewal notice or in a separate prior notice):
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 7 of 60
(a) Failure to participate m the state's education accountability system
created in Fla. Stat. S 1008.31, as required in this section, or failure to
meet the requirements for student performance stated in the charter;
(b) Failure to meet financial reporting requirements and maintain effective
standards that demonstrate sound fiscal management;
(c) Violation of law; and/or ~
(d) Other good cause sbown (sucb as, but not limited to, tb~fbause
bases summarized in section II. D below). 0
Notice.-- At least ninety (90) days prior to non-renew' he Contract, the
Sponsor or its agents or representatives shall notify t rning board of the
School of the proposed action in writing. Th~ all state in reasonable
detail the grounds for the proposed a~n .a~ stipulate that the School's
governing body may, within 14 cale~~ays after receiving the notice,
request an informal hearing befor~onsor. The Sponsor shall conduct the
informal hearing within 30 ~n~ays after receiving a timely written
request. The School's gOVe}"bOdY may, within 30 calendar days after
receiving the Sponsor' s eion not to renew the Contract, appeal the decision
pursuant to the pr~in Fla. Stat. S 1002.33(6).
(3) Upon elect~~ination or non-renewal by the School, notice, in writing,
shall b~~ to tbe Sponsor at least ninety (90) days before tbe effective
termm~ate.
C. T~ON UPON 90 DAYS NOTICE
Jll>Ou~~ant to Fla. Stat. S 1002.33(7)(a)12, the Sponsor shall cancel the charter if
~~ insufficient progress has been made in attaining the student achievement
"'" e; objectives of the charter and if it is not likely that such objectives can be
~ achieved before expiration of the charter. During the term of the Contract, the
Sponsor may also terminate the Contract upon ninety (90) days notice for any
(2)
of the grounds listed in subparagraphs II.(B)(1)( a )-( d), if the school has failed
to correct a deficiency(ies) of which the Sponsor had notified the School
(either with the 90-days termination notice or in a separate prior notice).
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 8 of 60
(3)
(2) At least ninety (90) days prior to terminating the Contract, the Sponsor or its
agents or representatives, shall notify the governing board of the School of the
proposed action in writing. The notice shall state in reasonable detail the
grounds for the proposed action and stipulate that the School's governing body
may, within 14 calendar days after receiving the notice, request an informal
hearing before the Sponsor. ~
The Sponsor may send in financial and/or instructional expe~\ ~ the
Sponsor's District to advise and assist the School in improvi~~ituations
stated in the notice as grounds for termination. The Sc~l\iJll cooperate
fully with such District personnel's attempts to assist~~ool. Failure to
cooperate, or failure to significantly improve the .Q~ation(s) with such
assistance, sball constitute further good cause f~~tiOn.
The Sponsor shall conduct the informal ing within 30 calendar days after
receiving a timely written reques ool's governing body may, within
(4)
30 calendar days after rec~g t Sponsor's decision to terminate the
Contract, appeal the deciO ~rsuant to the procedure in Fla. Stat. 9
1002.33(6). 0
D. GOOD CAUSE.-- "GO~" for non-renewal or termination includes, but is not
limited to, the fO~
(1) Failure to i ent a reading curriculum that is consistent with effective
teachirOJifttegies grounded in scientifically-based reading research;
(2) .~~ inadequate student performance;
(3~:ing a grade of "F" in two years of any four-year period (as applicable
~ per the State Board of Education's current Assistance Plus District Action
"" e; Plan);
~ (4) Failure for five consecutive years to make Adequate Yearly Progress (A YP)
under the No Child Left Behind Act of2001 (NCLB);
(5) The School or its representatives are found to have committed a material fraud
on the Sponsor or made a material misrepresentation, either willfully or
recklessly, in the application;
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 9 of 60
(6) Failure to implement a Corrective Action Plan required by the Sponsor;
(7) Failure to make progress toward the stated mission of the School pursuant to
the charter school application and this Contract;
(8) Failure to deliver the instructional programs or curricula identified in the
application;
(9) Failure to make contributions to the Florida Retirement System (FR~e
School has elected to be part of the FRS); 4' ()I/J
(10) Having substantial debt or delinquency in payments; 0
(11) The School files for voluntary bankruptcy, is adjUd~lcated ~Pt or insolvent
or is otherwise financially impaired such that the annot continue to
operate or the School is no longer economicall~
(12) Failure to have an annual audit that co~es ~h'the requirements specified
in paragraph (V)(A)(11) of this c.x~imelY submit financial reports or
other reports required by Fla. Stat: ~.33(9) or by this Contract;
(13) Failure to meet generally acce~ccounting principles;
(14) Willfully or recklessly f~Qnage public funds in accordance with the law;
(15) Failure to maintai~\.J coverage as described in this Contract;
(16) Failure to p~~ ");;'nsor with the required access to records;
(17) Violation 0 y ourt order;
(18) Crimi~~viction on matters regarding the charter school by either the
eCh~~l'S governing board, its members (collectively or individually), or
~e management company contracted by the charter school;
. . ailure to submit to the Sponsor within thirty (30) days a Financial Recovery
Sponsor to be acceptable pursuant to School Board Rule 6Gx13-6A-1.471,
following a determination of financial emergency pursuant to Fla. Stat. 9
218.503;
(20) Failure to successfully implement a Financial Recovery Plan submitted to the
Sponsor pursuant to Fla. Stat. S 218.503, within the time specified and
approved in the Financial Recovery Plan;
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 10 of 60
(21) Failure to provide periodic progress reports as required by the Financial
Recovery Plan, as determined by the Sponsor;
(22) Receiving a finding of financial emergency, pursuant to Fla. Stat. S 218.503,
for two consecutive years, or more than once during anyone fiscal year; or
(23) Any other good cause, which shall include, but is not limited to, any material
breach or violation of the standards, requirements, or procedures ~iS
Contract sucb as: 4 ~
(a) failure to timely submit quarterly financial reports; 0
(b) failure to comply with the timely submission of :p-\~clal statements
in the required format specified by the spons~~
(c) failure to comply with the conflict of in~~sion in Section VI(L)
relating to the governing board ~eivij.g 'compen.sation, directly or
indirectly, from the SChOO~'S ~s, including but not limited to
grant funds;
(d) failure to comply with ~me y submission of the annual report to the
Sponsor; 0
( e) failure to co~ Qthe timely submission of the School Improvement
Plan to the ~~
(f) fail~iPate in all state and district assessment programs;
(g) fMr: to allow the Sponsor reasonable access to facilities and records to
~\f(jI data sources, including collection and recording procedures;
~~;iIure to comply with the education goals established by Fla. Stat. S
~\:)t' 1000.3(5);
e; "'rT (i) failure of secondary charter schools to comply with Fla. Stat. SS 1003.43
~
and 1008.25;
(j)
failure to use records and grade procedures that adequately provide the
information required by the Sponsor;
(k) failure to provide Special Education (SPED) students and English
Language Learners (ELL) with programs and services in accordance
with federal, state and local policies;
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 11 of 60
(I) failure to obtain proof of consent to enroll each student from the
student's parent / guardian or from the student, if the student is eighteen
(18) years of age or older;
(m) failure of the school to comply with the timely submission of the annual
financial audit as required by Fla. Stat. S 218.39;
(0) failure to comply with the Florida Building Code (including Chap~~,3)
and the Florida Fire Prevention Code, including referenc4S..~ents,
applicable state laws and rules, and federal laws and ruleo
(0) failure to comply with all applicable laws, ordina~: and codes of
federal, state, and local governance inC~'Individuals with
Disabilities Education Act (IDEA); ~ "Y"
(p) failure to obtain all necessary lic~es,~ts, zoning, use approval,
facility certification, and other ap~s required for use and continued
occupancy of the facility ~ed by the local government or other
governmental agencieS;~ V
(q) failure to maintain Si licenses, permits, use approval, facility
certification, and 0ther approval as required by the local government
or any othe ~mental bodies having jurisdiction at any time during
the t . Contract;
t this Contract;
"- (~Olation of Fla. Stat. S 112.311 - 1l2.326, Code of Ethics for Public
.'-" Officers and Employees to the extent that it is applicable to local
e;~ government agencies because the School is an agency of a local
~ (t) :~~:::e:;; ::bOOI Board Rule 6Gx 13-4A- 1.213, Code of Ethics to tbe
(r)
extent that it does not conflict with the provision of Chapter 112, as it
applies to the School.
E. IMMEDIATE TERMINATION.-- This Contract may be terminated immediately if
the Sponsor determines that good cause has been shown or if the health, safety, or
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 12 of 60
welfare of the students is threatened.
(2)
(1) For purposes of immediate termination, "good cause" is defined as a higher
standard of good cause such as any egregious form of the good-cause bases
summarized in section (3) above. In making the determination as to whether
good cause exists for immediate termination, the Sponsor will consider
whether the totality of the circumstances justify a decision to forego NO-
days notice and terminate immediately (considering factors ~lJf~ the
immediacy of the Sponsor's concerns, the extent of those conc~ amount
of constructive notice the School had regarding these ~~s, and the
unlikelihood that the school could or would have reme~l'se concerns with
proper notice). ~ ~
Except in cases of extreme danger to studen~, safety, or welfare, tbe
Sponsor hereby gratuitously agrees to ide, when practical and feasible,
uating an immediate termination.
r termination in writing detailing the
made concurrently with the Sponsors
s governing board may, within thirty (30) days
three (3) calendar days' notice b
termination action. The
after receiving t decision to terminate the charter, appeal the
decision pu~~ e procedure established in Fla. Stat. S 1002.33(6).
(3) Upon imm~termination, the Sponsor shall assume the operation of the
School~t~hall continue operating the School at least throughout any timely
.aZ~~ School to the State Board of Education (or, if none is filed, until
~~ for filing an appeal has expired). Sponsor shall hold and conserve all
~ \,;larter scboo1 property and assets, including casb and investments, in trust
...0 e; until the charter school has exhausted all appellate rights to the State Board of
"'\r Education. Sponsor shall only disburse charter school funds in order to pay the
normal expenses of the school as they accrue in the ordinary course of school
business. The School hereby agrees that, upon receiving notice of the
Sponsor's decision of immediate termination, the School shall immediately
give to the Sponsor all the keys to the school's facilities and all security-
system access codes and access codes for all computers in the School's
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 13 of 60
facilities, and shall immediately make accessible all educational and
administrative records of the School so that the Sponsor may properly assume
operation of the school immediately. Moreover, within two (2) business days,
the School shall turn over all records and information regarding the accounts
of all of the public funds held by the charter school; turn over all of the public
property and public funds to the Sponsor, excluding City of A ventur~ds.
The School shall fully cooperate in the turnover to the Sponsor ~~~ a
smooth transition for the students. ~
(4) The School's instructional and operational employees ~IO required to
continue working in the school during the time that t~~or operates the
School. Notwithstanding the general policy of r~~ch employees to
continue serving in their regular capacities ~ ~at time, the Sponsor
reserves the right to take any appr . te }ersonnel action as to such
employees if any cause for perso
me should arise or be discovered
during the Sponsor's assum.(. ope . n of the School (after the Sponsor
provides any required due PR~ such employees if they are not terminable
at-will). ~v
(5) Any unencumber funds, excluding City of Aventura funds, from the
charter scr~ ~ istrict School Board property and improvements,
furnishings~equipment purchased with public funds, excluding City of
Avent~~ds, or financial or other records pertaining to the charter school,
.in~~sion of any person, entity, or holding company, other than the
~~);' school, shall be held in trust upon the District School Board's request,
_ ~ ~til any appeal status is resolved.
~ U> If the School prevails in an appeal to the State Board of Education, the Sponsor
~ shall, within three (3) business days, return keys, security codes, and the
facility itself to the School. In that case, the School's employees will continue
as employees of the School, and the City Manager shall resume operation and
oversight of the School. However, since the issue on appeal shall be limited to
whether there exists grounds for the immediate termination of the charter, the
charter Contract may still be non-renewed or terminated upon ninety (90) days
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 14 of 60
notice ,pursuant to section II.C, if the School fails to timely correct any
deficiencies noted by the Sponsor.
(7) If the School appeals to the State Board of Education and is not successful in
the appeal (or if the School does not timely file an appeal), the Sponsor shall
allow the City Manager to retrieve any personal belongings of its members
from the school, but all property and improvements, furnishin~d
equipment purchased with public funds, excluding City of A ven nds,
shall automatically revert to full ownership by the District
subject to complete satisfaction of any lawful liens or enc~'tll ces; and the
charter school shall be dissolved pursuant to Fla. Stat. ~"'3(8)(e).
POST-TERMINATION MATTERS.-- In cases of no~~ or termination of
the Contract, the School shall be dissolved under th~~s of law under which
the School was organized. Student records sha e tled over to the Sponsor; and
copies of all administrative, operational n cial records of the School shall be
provided to the Sponsor on the dateAl: te . ation/non-renewal takes effect.
(1 ) In the event of charter tetnf"'\1&-, any property, improvements, furnishings,
and equipment purchaseO~ubliC funds, excluding City of A ventura funds,
shall automatical~ to the Sponsor (subject to any lawful liens and
encumbran~ U'}'~choOI'S accounting records fail to clearly establish
whether a ~~lar asset was purchased with public funds or non-public
funds, ~.1t shall be presumed public funds were utilized and ownership of
.th~~all automatically revert to the Sponsor. Property and assets
~~ased with public funds shall be defined as those goods purchased directly
~ ~th grants and funds provided by a governmental entity but specifically
..() r;t;~' excluding funds of tbe City of A ventura, a governmental entity. Property and
~ assets purchased by the City of A ventura or an educational management
organization in conjunction with operating the School shall not be deemed
F.
purchased with public funds.
(2) In case of termination or non-renewal of the Contract, the School shall be
responsible for all the debts of the School. The Sponsor may not assume the
debt from any contracted services made between the governing body of the
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 15 of 60
School, the management company (if applicable), and/or third parties, except
for a debt that is previously detailed and agreed upon (in writing and executed
with the same formalities as set forth in this Contract) by both the Sponsor, the
governing body and/or management company (if applicable).
(3) In case of termination or non-renewal of the Contract, the School agrees that
the Sponsor shall have, for a period not to exceed 30 days sUbse~to
termination or non-renewal, the right of first refusal to secure the. ~~, or
purchase or possession of the facilities as described in S~~ of the
Contract. ~ U
III. ACADEMIC ACCOUNTABILITY ..c ~
A. The Scbool agrees to implement its educational and ~ '};,grams as specified in
the School's approved application (Appen~ A) setting forth the School's
curriculum, the instructional methods, ~~ve instructional techniques to be
used, and the identification and a~si~f appropriate technologies needed to
improve educational and admini~~ performance, which include a means for
promoting safe, ethical, and a~~te uses of technology which comply with legal
and professional standa~ ~hool ensures that reading is a primary focus of the
curriculum and ~ ~""!;~s are provided to identify and provide specialized
instruction for st~ who are reading below grade level. Further, the curriculum
and instructi~l.~trategies for reading shall be consistent with the Sunshine State
Stana.rr~ grounded in scientifically-based reading research. Updates,
rev~~nd/or changes to the curriculum programs described in the application
~~eqUested by the Sponsor as a condition of the application's approval are
"" eJ~~rporated as part of the approved application included as Appendix A. The
~ Sponsor's Limited English Proficiency Plan, with which the School must comply, is
included in Appendix C.
B. In the first year of the Contract, the School shall develop a School Improvement Plan
based on the goals and objectives identified in the School's application as referenced
in Appendix A.
C. The School agrees to the baseline standard of achievement, the outcomes to be
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 16 of 60
achieved, and the methods of measurement that have been mutually agreed upon in
the School Improvement Plan submitted annually to the Sponsor. This Contract may
be terminated by the Sponsor if insufficient progress has been made towards the
goals and outcomes designated in the School Improvement Plan. Pursuant to
requirements of the State Board of Education, the School shall be terminated if the
School receives a state-designated grade of "F" in two consecutive years of 'four
year period. Tbe Scbool may be non-renewed or terminated if tbe ~~""rto
make A yP for five consecutive years in accordance with the pro . s of the
NCLB. ~O
D. In addition to evaluating the School's success in achieving ~~ctives stated in
the School Improvement Plan, the School will be held aQn~le for meeting the
state's student performance requirements as delinea~~e Board of Education
Rule 6A-1.09981, Implementation of Florida~ste}r of School Improvement and
Accountability, based on Fla. Stat. ss 1~~.33, and 1008.345.
E. The methods used to identify the e~ati~rengths and needs of students and the
educational goals and performanc~~ards are set forth in the School's approved
application. This accoun:b~o~on shall be based upon the assessment systems
of the School, the spon~,.,,,,,;rn~ State.
F. In accordance w~~aw and the Sponsor's rule, students at the School will
participate in all ~sessment programs and in all district assessment programs in
which the ~~ students in comparable grades/schools participate. All School
persQJ1n~~ with any aspect of the testing process must have knowledge of
an~'\...l; state and Sponsor policies, procedures, and standards regarding test
_ ~~ration, test security, test audits, and reporting of test results. To facilitate this
~rticipation, the Sponsor will provide to applicable school staff all services/support
~ activities tbat are routinely provided to tbe Sponsor's staff regarding implementation
of District and state-required assessment activities, e.g., procedures for test
administration, staff training, dissemination and collection of materials, monitoring,
scoring, analysis, and summary reporting. If an SPED student's Individual
Education Plan (IEP) indicates an alternate assessment, in lieu of full/partial
participation in a state assessment, the School will facilitate the alternate assessment
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 17 of60
and comply with state reporting procedures.
G. The School agrees to utilize data provided through its participation with the Sponsor
in electronic data processing systems pertaining to admissions, registration, and
student records.
H.
The School agrees to allow the Sponsor reasonable access to its facilities and records
to review data sources, including collection and recording procedures, in ~to
assist the Sponsor in making a valid determination about the degree ~o w . ~dent
performance requirements have been met as stated in the Contract, uired by
Fla. Stat. SS 1008.31 and 1008.345. ~
As Fla. Stat. S 1002.33 requires the Sponsor to provide ~e State Board of
Education and lbe Commissioner of Education an ~~~omparison of the
overall performance of the School's students, the pa . s~~ that the Sponsor will
utilize results from the state and district requir ssessment programs referenced in
I.
this Contract and the data elements to e
ed in the annual report which the
School is required to submit pursua~ Fla tat. S 1002.33(9)(1).
J. The Sponsor shall ensure that t~~ol' s program is consistent with the state
education goals established be ~t. s 1000.03(5).
K. In secondary charter sc~e School shall establish a method for determining
that a student har!!Ji..~ the requirements for graduation in Fla. Stat. SS 1003.43
and 1008.25 and ili~nform the Sponsor of this method at least one month prior to
the beginninQJl\e first school year of operation.
L. Th~~Y nse records and grade procedures lbat adequately provide the
inf~: required by lbe Sponsor. The Sponsor bas designated Pinnacle from
~lsior Systems, Inc. to be the supported grade book system for the District. The
"'" ~chool shall use records and grade procedures that adequately provide the
~ information required by the Sponsor. These procedures may be an alternative
grading and recording system, but the system must be in accordance with the State's
reporting guidelines and be approved by the Sponsor. If the school chooses to use an
application other than Pinnacle, or the system in use by the Sponsor, they will be
responsible for data entry directly into ISIS for both daily attendance and quarterly
grades. Schools that opt for an alternative grade book system will not be able to
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 18 of 60
~
M.
upload grade or attendance data to Information Technology Services (ITS)
department. Schools not uploading will be required to have a documented procedure
in place for communicating attendance and grades to the data entry clerk. Non-
Pinnacle schools, or schools who opt to use an alternative grade book system, will be
required to provide some form of prior year electronic audit trail. No ITS support
will be provided for schools that do not use Pinnacle, or the designated syste~
The School shall follow the Sponsor's Elementary School Academic ~ams
Course Codes and/or Miami-Dade County Public Schools Author::~urses for
Secondary Schools, as appropriate. AC 0 --
The School will maintain both active and archival rec~~ current/former
students in accordance with Fl.. Stat. SS 1003.25 and ~1\-nd State Board of
Education Rule 6A-1.0955. ~
All permanent cumulative records (both Cat~. A, Permanent Information, and
Category B, Temporary Information) ~yrleaving the School, whether by
transfer to a traditional public sc~ w~ the school system, or withdrawal to
attend another charter school, sha~ ~nsferred upon receipt of an official request
from a receiving Miami-Dade~l!( public school or a charter school sponsored by
The School Board ofM~~ County, Florida. The School may retain copies of
the departing stU~~};~iC records created during the student's attendance at
the School. 7
Upon terminltiu,.,pf a student's enrollment at the School, all permanent cumulative
recortls ~ ~egory A, Permanent Information, and Category B, Temporary
In:D ~n) of students leaving the School, but not transferring to a Miami-Dade
public school or a charter school sponsored by The School Board of Miami-
County, Florida, shall be hand-delivered to the Sponsor's Department of
Records and Forms Management. Proof of delivery shall be provided to the Sponsor
within five (5) business days. The School may retain copies of the departing
student's academic grades and attendance during the student's enrollment at the
School.
N.
o.
P.
Q. The School shall transmit to the Sponsor's Department of Records and Forms
Management, a listing of the types of Category A and B educational records pursuant
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 19 of 60
to State Board of Education Rule 6A-1.0955 and the procedures from the Division of
Student Services as stipulated in the Student Educational Records manual. This
report shall be transmitted each year prior to July 1.
R. Special Education (SPED) students shall be provided with programs and services
implemented in accordance with federal, state and local policies and procedures;
and, specifically, the IDEA, Section 504 of the Rehabilitation act of 1973, ~a.
Stat. ** 1000.05, 1003.57, 1001.42(4)(1), and 1002.33, and Cbapter ~~rida
Administrative Code. The School will be responsible for the ~ of all
educational, related services and equipment indicated on the ~ch.Js Individual
Education Plan (IEP), or Educational Plan (EP) in the ca~ ~udents who are
Gifted. Related services and equipment, e.g., speech/langQ ~apy, occupational
therapy, physical therapy, counseling,assistive tec~ ~vices and therapeutic
equipment must be provided by the School's or }aid for by the School through
contract. The Sponsor will have the re 0 .
of conducting the evaluation of
students referred for potential Speci~du< . n and Gifted placement and for the re-
evaluation of SPED stUdentsa::'n a "~.'~.nce with federal and state mandates. The
School may obtain private ev: . s of students at the School's expense. These
evaluations may be co~ n determining eligibility but will not necessarily
substitute for an ~ "'~nducted by tbe Sponsor's personnel in a manner and
time frame consi ith that of all of the other Sponsor's schools. If it is
determined b IEP committee that an SPED student's needs cannot be met at the
r will take steps to secure another placement for the student in
with federal and state mandates. A representative of the Sponsor will
. ate in all initial IEP meetings and those IEP meetings where a significant
eJ nge of services or placement may be considered and shall serve as the Local
"'" Educational Agency (LEA) Representative when present at an IEP meeting.
~ However, the administrator in charge at the School will serve as the LEA
Representative at ordinary annual and interim IEP and EP meetings, which the
School shall conduct.
S. The Sponsor will conduct the initial evaluation of the School's students who have
been referred for physical and occupational therapy and speech and language
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 20 of 60
services. After the student is determined eligible for SPED services and the initial
IEP is written, the School shall be responsible for providing the physical and
occupational therapy and speech and language services to the student. The School
shall ensure that physical and occupational therapists providing services to the
student review the student's initial IEP, reassess the student, and develop goals,
benchmarks and a treatment plan for the student. The School shall ens,"that
speech and language therapists review and implement the student's ~~ ~~e
School shall ensure that the physical and occupational therapists a ech and
language therapists providing services to the student attend the st~ annual and
interim IEP meetings. The student's IEP goals and benchmar..~'~;to these areas
are to be updated by the student's treating therapists base~~ir reevaluation of
the student. The School agrees to require physi~ ~cupational therapists
providing services to the student to attend ori~on \nd' in-service training on how
to develop goals and benchmarks ba~Uucational theory. The Sponsor
agrees to provide that orientation ,,-d i~ice training. The Sponsor agrees to
conduct periodic checks on, an ~~ew of, the paperwork prepared by the
occupational and physical ther roviding services to such students. The School
shall comply with the r s of the IDEA as it relates to the student's IEP, and
the appropriate in;e ersonnel of tbe Scbool sball attend alllEP meetings.
T. Special Educatio ents will be educated in an inclusionary, least-restrictive
environment~~lined in Appendix D, Policies and Procedures for the Provision of
Specij1~I~~ Instruction and Related Services for Exceptional Students. It is
th~Vonal responsibility of educators to place students in an environment
^~ey can flourish. Those students whose needs cannot be adequately addressed
e;~he School as determined by an IEP committee, will be appropriately referred, and
....0 the School staff will work together with the Sponsor's personnel to ensure that the
~ needs of these students are met. The School's staff will work closely, and as early as
possible in the planning/development stages, with the Sponsor to discuss the services
needed by the School's students.
U. A student, parent, or guardian who indicates at an IEP or EP meeting that they wish
to file for a Due Process Hearing, in accordance with Fla. Stat. S 1003.57 and State
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 21 of 60
v.
Board of Education rule 6A-6.03311 will be given the appropriate forms by the
staffing specialist or other appropriately designated person attending the IEP
meeting. A student, parent, or guardian at the School wishing to file for a Due
Process Hearing shall file their request with the Sponsor's Clerk of the School
Board. As soon as a request for Due Process Hearing is filed, the Sponsor shall
inform the School and will select and assign an attorney from a pool of ~f1ed
outside counsel, cbosen tbrough a Request for Proposals (RFP) proce:J., ~~nt
the School. The School is responsible for scheduling resolution ediation
meetings as required under state and federal law. The sponso)tQonsible for
ensuring that the Due Process Hearing is conducted in acco~~ith Fla. Stat. S
1003.57 and State Board of Education rule 6A-6.033 1 1. ~~sor is responsible
for ensuring that a final decision in the Due Proces~~ is reached and that a
copy of the decision is mailed to the parties ~cco~a~ce with applicable federal
and state laws. In the event a student, ~ ~ardian files a request for a Due
Process Hearing in accordance wit~ec~5 of the IDEA, Fla. Stat. S 1003.57,
and State Board of Education~ule ~~3311, involving the provision of education
and related services to a stude isabilities at the School, the School shall bear
all the costs associated ~ aring, including legal representation. In the event
that tbe student~e")O'ardians are tbe prevailing party, any and all attorneys'
fees and costs a 0 the prevailing party will be paid by the School.
Under th~M aid Certified School Match Procedures, the School may be eligible
to se~k ent for certain services provided to Medicaid-eligible students
w N y for services under the IDEA, Part B or C. In order to seek
sements, the School agrees to follow the procedures established for
dicaid-reimbursable services to eligible students at the School as outlined in
Appendix E, attached and incorporated into this Contract by reference.
Students at the School who are English Language Learners (ELL) will be served by
English for Speakers of Other Languages (ESOL) certified personnel who will
follow the Sponsor's Limited English Proficiency Plan. The Sponsor's plan, which
meets the requirements of the League of United Latin American Citizens (LULAC) et
al. v. State Board of Education Consent Decree, is attached as Appendix D.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 22 of 60
X. The School will adopt the Sponsor's Student Progression Plan (SPP), which is
attached as Appendix F. The SPP is a document that is revised yearly; therefore the
School agrees to implement the SPP in effect for the current operational year.
Notwithstanding the above acceptance of the Sponsor's SPP, the School and the
Sponsor may agree to any additional reasonable exemptions from the SPP the School
may request. Any failure to agree on exemptions shall not be considered a di~
Y. The School will adopt the Sponsor's "Procedures for Promoting and ~,~g a
Safe Learning Environment," which is attached as Appendix G. Not~ding the
above acceptance of the Sponsor's "Procedures for Promoting~~aintaining a
Safe Learning Environment," the School and the Spon~Jy agree to any
reasonable exemptions from the "Procedures for Promot~~aintaining a Safe
Learning Environment" the Scbool may request. An~" agree on exemptions
shall not be considered a dispute. 'X... .
Z. The School agrees to obtain and mainta~\l certification/accreditation for its
educational program in order to e~e ~rability of courses completed by the
students at the School. r-"\ ."."
AA. The School agrees to utilizee~rter School Compliance Management System
(CSCMS) or any other ~ed software or reporting procedure implemented by
the Sponsor in ort:::i...~ntain accountability with the Charter School Benchmarks
and document co~ce with contractual requirements (Appendix H).
IV. STUDENTS 0-"
A. D~ 'f(.: STUDENTS. - The Scbool sball be open to any student residing
in ....&~de County. The School will provide a unique academic environment for
~ximatelY 972 culturally diverse students, ages 5-14 in kindergarten through
"'" ~ade eight. As a charter school-in-the-municipality, the School will limit the
"'" enrollment process to target the children of residents of The City of A ventura, as
permitted by Fla. Stat. 91002.33(10) and (15)(2007). However, ACES will not
discriminate on the basis or race, religion, national or ethnic origin, or exceptionality
in the admission of students, in accordance with federal and state anti-discrimination
laws.
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June 18, 2008
Page 23 of 60
B. ENROLLMENT.--
(1) Following is the student enrollment breakdown by year:
(a) Year 1-2: 2003 - 2005 - Grades K to 5 - up to 600 students
(b ) Year 3-6: 2005 - 2009 - Grades K to 8 - up to 900 students
(c) Year 7-15: 2009 - 2018 - Grades K to 8 - up to 972 students
(2) The aforementioned enrollment capacity will be contingent on ~dent
capacity as stated on the valid Certificate of Occupancy (CO), ~~ of Use
(CU), and Fire Permit for the school facility issued by the e governmental
agency in whose jurisdiction the facility is located. Mon..t~ments shall not be
paid for students in excess of the School's enrollme Nity, as defined by the
valid CO, CU, or Fire Permit, nor in excess e . ected enrollment for the
school year as defined in Subsection IV .~f th Contract.
BALANCE.-- Pursuant to Fla. Stat. ~~O. .3_~)8 & (15)(b), the parties agree that
the School shall strive to achieve a raCl c balance reflective of the community it
serves or within the racial/ethnic ra~ 0 er public schools in the school district. The
School shall ensure that its admisS policies shall be nonsectarian.
ENROLLMENTPRO~~
(1) The School will o~~udents of any race, color national and ethnic origin,
religion or~r. The School agrees that it will implement the strategies
contain in-~endix A to achieve a diverse student population reflective of
ty it serves. The School shall enroll any eligible student who
.
x.. ~ s a timely application. As permitted by Fla. Stat. 91002.33(15),
.~ferences will be given to children of Aventura residents. If the number of
t7 ~ applications of Aventura residents' children exceed the capacity of a program,
"'" V class, grade level, or building, those applicants shall be given an equal chance
~ of being admitted through a random selection process. The random selection
process will reflect the diversity of the targeted community. After all A ventura
applicants have been offered seats, non-A ventura applicants will be enrolled,
c.
D.
as permitted by Fla. Stat., ~ 1002.33(10)(b). Pursuant to Fla. Stat. ~
1002.33(10)(b), if the number of non-Aventura applications exceeds the
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 24 of 60
capacity of a program, class, grade level, or building, those applicants shall be
given an equal chance of being admitted through a random selection process. If
the number of applicants is below the desired number of students, the School
reserves the right to extend the application deadline, provided sufficient notice
IS gIven.
(2) Pursuant to Fla. Stat. S 1002.33(10)(d), the School shall give enr~nt
preference the children of the residents of A ventura w~o a ing
enrollment, to a sibling of a student enrolled in the School or to ild of an
employee of the School. .At( ~
(3) Informational meetings will be held to inform interesttB~ts/guardians of
the mission of the School, the registration proce4 ~quired contractual
obligations. The School will provide this info~~ parents/guardians in
English as well as in other languages (e.~an~h and Haitian Creole).
(4) Students residing in neighborin~~ould be eligible to attend the
School under the inter-distric~re~ provisions provided for in Fla. Stat. S
1002.33(10)(a) or as currenol\wed between Miami-Dade and neighboring
counties' School BoardO
(5) To enroll a studen~hool must obtain proof of consent from the student's
parent or gr!!!i..(.;r from the student if the student is eighteen (18) years of
age or olde~ ~
(6) The ScO~ust maintain a record of all the students who apply to the School,
'\.. ~ 'finO! they are eventually emolled. The information shall be made
.~able to the Sponsor upon request.
~ The School's capacity shall be determined annually by the governing board, in
....0 e; conjunction with the Sponsor, in consideration of the factors contained in Fla.
~ Stat. S 1002.33(10). At no time shall the School's enrollment exceed the
maximum capacity established by the School site's Certificate of Occupancy,
Certificate of Use, or Fire Permit.
E. WITHDRAWAL OR TRANSFER OF STUDENTS.-- The School may not
withdraw or transfer a student involuntarily, unless the withdrawal or transfer is
accomplished through established administrative procedures mutually agreed upon in
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 25 of 60
this Contract, or through existing administrative procedures in the Sponsor's Board
Rules. Only the Sponsor School Board may expel a student. A student may
voluntarily withdraw from the School at any time and enroll in another public
school.
F. DISCIPLINE
(1) The School agrees to maintain a safe learning environment at all ti~In
order to provide criteria for addressing discipline issues that Wi!L~~ the
health, safety and welfare of all students attending the School~~ool will
adopt and follow the Sponsor's Code of Student Conduct, ~i~ attached as
Appendix 1. Students who attend Aventura City ofExc~]School and their
parents/guardians will enter into contracts with the~fSsuch contracts will
detail the responsibilities that staff members, ~~and parents/guardians
are expected to fulfill. If parents/guar~s or students do not me.et these
obligations, it will be recommen~~student attend another school. If
necessary, the School willAl{ur~e withdrawal or transfer through
administrative procedures e~~ed under the Sponsor's Board Policy, but
administered by Scho~~?mnel. For compliance with SPED student
discipline proced~~hool must refer to Procedures for Promoting and
Maintainin~a&")-'~ing Environment, which is attached as Appendix G.
(2) Notwithsta~the above acceptance of the Sponsor's Code of Student
Condu~~ School and the Sponsor may agree in writing for the School to
"'~b1e amendments to !be Code. All proposed amendments to the
~~ shall be submitted in advance to the Sponsor for approval.
~ \.?t.e Scbool agrees !bat it sball not engage in !be corporal punishment of its
""" _ e; students.
~. EXTRACURRICULAR ACTIVITIES.-- The School's students may participate in
extracurricular activities in accordance with the provisions of Fla. Stat. S
1002.33(11 ).
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 26 of 60
V. FINANCIAL ACCOUNTABILITY
A. ADMINISTRATIVE MANAGEMENT
(1) The School's financial activities and reporting of same will be subject to the
Florida Department of Education (DOE) Technical Assistance Notes (TAN)
99-09,2000-05, and 2001-05, incorporated into this Contract as Appendix J, as
well as any subsequently issued directives by the State and other a~le
Governmental Accounting Standards. L '\ · (Ji
(2) The School agrees to provide reasonable proof of the ability tO~he initial
startup and the on-going operation of the School. ~
(3) The governing board oftbe Scboo\ shalJ provide to~sor, by Augnst 20
of each year, an updated annual budget for r~ ~ 15udget shall include
projected sources of revenue, both ~bli')., aIId private, and planned
expenditures covering the entire school ~O'
(4) Florida Education Finance P~(FEFP) Payments. -- The Sponsor
shall calculate and submit t~ ~onthlY payments to the School. The
first payment will be made ~, 31. Subsequent payments will be made by
the 15th of each month ening with August 15.
(a) In o~~e educational materials for students when classes
begi t payment shall include 75% of the full annual allocation of
i~~~tI al materials based on prior year membership, or based on
e~ent as of June 30, in the case of a new school.
~ ~yrnents sball be adjusted for any amounts due tbe Sponsor for services
.~ provided and/or expenditures incurred on behalf of the School during the
~ current or previous year, as well as for administrative oversight.
~ e; (c) Late payments are subject to interest at the rate of 1 % per month
~ calculated on a daily basis until paid.
(d) Monthly payments shall not be paid for students in excess of the
School's enrollment capacity as indicated in Subsection IV.B. of this
Contract, and by the School facility's valid capacity as determined by the
School's Certificate of Occupancy, Certificate of Use, or Fire Permit
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 27 of 60
(whichever is less). In the event that the required county and/or
municipality facility permits do not indicate a facility capacity, the
School must submit a letter from the architect of record certifying the
capacity of the facility.
(e) The Sponsor shall withhold monthly payments if the School's Certificate
of Occupancy, Certificate of Use or Fire Permit has eXPired~as
otherwise become invalid. L '\ ~
(5) Capital Outlay Payments. -- The Sponsor shall make tim~~ efficient
payment to the school upon receipt of all required SUPporti~~entation.
(6) Any administrative fee withheld by the Sponsor shall ~~ed to two percent
(2%) of available funds for tbe first 500 stu~t~~ed in Fla. Stat. !
1002.33(20)(a) not including capital outlay fu ,~~al and state grants, or
any other funds, unless explicitly pro~d fly law. If the school has a
population of 501 or more s~ \,l difference between the total
administrative fee calculati,an~ amount of the administrative fee
withheld may be used ~:C!j1tt- outlay purposes specified on Fla. Stat. S
1013.62(2). Access by O'1mOOI to services not required by legislation, but
available thrOUgh~nSOr, may be negotiated separately by the parties.
The 2% ad~We fee will apply to the total number of enrolled students.
Notwithsta~his reduction, the Sponsor shall provide the administrative
serviceti;~ired by Fla. Stat. S 1002.33(20)(a), at no additional cost to the
.sc~ ~s 2% administrative fee is contingent upon the School satisfying
~~e following conditions:
~ "'(a) The location of tbe School has been approved by !be Sponsor.
'"" ~ (b) The facilities will be newly constructed or renovated, and not third party
~ leases, and shall comply with all requirements identified in P ART V.
FINANCIAL ACCOUNTABILITY, Section C. FACILITIES, of this
contract.
(c) The credit rating of the Sponsor or its tax-exempt status will not be used
to finance the new school.
(d) The charter school site and facilities shall be owned by the City of
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 28 of 60
A ventura and shall be financed by separate bonds with a documented
repayment schedule, the proceeds of which were used only to finance
site acquisition and construction of the charter school facility, subject to
provision of subsection (e) below. The middle school addition of the
School was financed from the City's General Fund reserves. Future
expansions may be financed from the School funds or the City's ~al
Fund, at the City's discretion. ~
<e) In !be event that the Scboo1 is terminated or !be cf::j~ventura
defaults on debt issued to finance the site or facility~.AI pons or shall
have first right of refusal to assume possession ~ )'operty in return
for assuming the outstanding liability. The r~~ Sponsor must be
written into any bond indenture coveri~'~ancing of the site or
facility. If the Sponsor exercises t . ht \; assume ownership, it agrees
to reimburse the City of A v
ally for its required principal and
interest payment, until ~h ti s the related debt may be fully paid or
refinanced by thea:R ~~with no prepayment penalty . Upon full
payment of the re bt, the City of A ventura shall transfer title of
both the si~ cility to the Sponsor along with any easements
neces~ &~: access and use of the School, free and clear of all
encu~es except those acceptable to the Sponsor.
(1) ~~ by the School to services not required in, but available through
. ~~nsor, may be negotiated separately by the parties.
(7~~1;;hool will contract separately with a private agency or the Sponsor to
~ \.?rovide food service. Responsibilities for providing food and related services
...0 e; and meeting reporting requirements will be assumed by the School, with the
~ exception of the services related to eligibility and reporting duties required
under the federal lunch program, if requested by the School.
(8) The School shall utilize the standard state codification of accounts as contained
in the DOE's Financial and Program Cost Accounting and Reporting for
Florida Schools (Red Book), as a means of codifying all transactions
pertaining to its operations. The accounting for federal, state and local funds
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 29 of 60
shall be maintained according to existing guidelines, mandates, and practices,
i.e., separate funds and bank accounts for federal, state, and local funds as
required under applicable statutes.
(9) The School shall provide quarterly financial statements to the Sponsor, which
shall include a balance sheet and a statement of revenues and expenditures and
changes in fund balances prepared in accordance with Generally A~ed
Accounting Principles in a format, as specified in paragraph (8) he~ove,
to include a detail of all revenue and expenditure activitie~~: to its
operations, and file the appropriate reports with the respect~ ~ and federal
agencies. In the event the School elects to foll~~erally accepted
accounting standards for not-for-profit organizatio~ ~ncial information
shall be reformatted for reporting purposes as ~~n paragraph (8) herein
above. Submission of the quarterly fina~~l s~}rements shall be within thirty
(30) days of the end of each quart~ \.)"
(10) If the School's quarterly fi~ia~ments reveal a deficit position, the
Sponsor shall require the Sc ~""'submit a detailed financial recovery plan to
address the deficit, ank Reconciliation Statements and Monthly
Detailed General eports. Failure to timely submit quarterly financial
reports sha~~t a material breach of this Contract and may result, at a
minimum, ~ponsor' s withholding of subsequent payments to the School
withou(1,~1ty of interest as described in Section V (A) of this Contract, until
.t~~--ra cured.
(1 ~~hool shall provide the Sponsor with annual financial reports including a
~ \,;[.anagement letter, as of June 30 of eacb year for inclusion in the Sponsor's
"'" e; financial statements. These reports shall include a complete set of annual
~ financial statements and notes thereto, prepared in accordance with Generally
Accepted Accounting principles and reflecting the detail of revenue sources
and expenditures by function and object at a level of detail that allows for
analysis of the ability to meet financial obligations and timely repayment of
debt. In addition, if a non-profit entity was created for the purpose of operating
the School and the School is not part of a pre-existing non-profit organization
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 30 of 60
or municipality, generally accepted accounting principles reqUIre that the
financial activities be accounted for using the governmental accounting model
applicable for state and local governments and their component units, as per
Government Accounting Standards Board (GASB) statement 34. The
following timeline must be adhered to for submitting the School's financial
reports: '"
(a) UNAUDITED STATEMENTS: NO LATER mAN AUG~ ~ )"ACH
YEAR. "'"
(b) AUDITED STATEMENTS: NO LATER THAN~~MBER 1 OF
EACH YEAR. As defined in School Board Rule~1':6A-l.471, No later
than May 1 of each year, the Charter Sc~~ formally notify the
Sponsor of the name, address and Pbon~~f the auditor engaged to
perform the year end aUdit.~
(12) An annual financial audit, requir b . tat. ~ 218.39, requested and paid
for by the School, shall '-per ed by a licensed Certified Public
Accountant. The audit shc1Yperformed in accordance with Generally
Accepted Auditin: S~res, Government Auditing Standards, issued by the
Comptroller Gen~~~ United States; and Chapter 10.850, Rules of the
Auditor Ge~~eOfFlorida, incorporated into this Contract as Appendix
L and in acro~ce with the requirements specified in the Audit Completion
Check0~ched as Appendix M.
*ttlchool further agrees to provide the Sponsor with eight (8) copies of
~ sucb audit and the corresponding responses to the rmdings, wbich sball
~ be bound together in one complete report. In addition, two copies of the
"'" e; audit report must be submitted to the Auditor General within forty-five
~ (45) days after delivery of the audit report to the School's governing
body.
(b) Financial audits that reveal a state of financial emergency as defined in
Fla. Stat. ~ 218.503 and are conducted by certified public accountant or
auditor in accordance with Fla. Stat. ~ 219.39 shall be provided to the
governing body and the City Manager of the charter school within 7
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 31 of 60
working days after finding that a state of financial emergency exists.
When a charter school is found to be in a state of financial emergency by
a certified public accountant or auditor, the charter school must file a
detailed Financial Recovery Plan with the sponsor within 30 days after
receipt of the audit. Failure to timely submit a Financial Recovery Plan
following a finding of financial emergency constitutes good ~to
terminate this contract. ~
(c) The Financial Recovery Plan submitted by the chart~1 to the
Sponsor in response to a finding of financial emerge~' suant to Fla.
Stat. ~ 218.503 must address the specific auditAlS and must also
show how the charter school will meet its c~~future obligations
and be a financially viable entity within h~eriod specified in the
approved Financial Recovery Pla~he ~nancial Recovery Plan must
specify dollar amounts or~~cost avoidance, and/or realistic
revenue projections th~wil~llw the charter school to correct the
condition(s) tbat ~SCbOOI to be found in a state of financial
emergency. The' . al Recovery Plan must include appropriate
supporting ~ tion. The financial recovery plan will be reviewed
by tb~'6 ')"~suant to School Board Rule 6Gx13-6A-1.471. If the
finan~covery plan submitted by the charter school is deemed
~~ptable by the Sponsor, this contract may be terminated.
.( d~ ~ event of a finding of financial emergency and submission of an
X. ~ acceptable Financial Recovery Plan pursuant to Fla. Stat. S 218.503, the
~~ City Manager shall provide periodic financial reports to the school's
e,; ~' governing board and the Sponsor in a format sufficient to monitor
~ progress toward acbieving tbe Financial Recovery Plan. Failure to
provide such periodic progress reports could result in termination of this
contract.
(13) Failure of the School to comply with the timely submission of all financial
statements in the required format specified by the Sponsor, shall constitute a
material breach of this Contract and will result in the Sponsor's withholding of
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 32 of 60
subsequent payments to the School without penalty of interest as described in
Section V.(A) of this Contract.
(14) The Sponsor reserves the right to perform additional audits at its expense as
part of the Sponsor's financial monitoring responsibilities as it deems
necessary .
(15) A cumulative listing of all property purchased with public funds, i.e.~p,
grant, and any otber public-generated funds, excluding City O~~dS'
and a cumulative listing of all property purchased with private n and City
funds will be submitted yearly along with the annua(.al! . ed financial
statements. These lists will include: (1) date of purch~7item purchased;
(3) cost of item; and (4) item iocation. ~ ~
(16) The Schooi sball operate as a department ~the City of A ventura, a
governmental entity, and is subject to ~on-profit status and tax exempt
status of a municipality. ~
(17) Funding for student enroll~ i~ School shall be the sum of district
operating funds from the(!\>~a Education Finance Program (FEFP),
including gross state e'rt:cal funds, discretionary lottery funds, and
discretionary oper~llage funds divided by total district funded weighted
full-time e~~~FTE) students times the weighted full-time equivalent
students of~ School. If eligible, the School shall also receive its
proporQ~ share of categorical program funds included in the FEFP. The
.S~~ provide the Sponsor with documentation that categorical funds
~ved by the Scboo1 were expended for purposes for whicb tbe categoricals
N- were established by the Legislature.
"'" ~1'8) The Sponsor may initially calculate monthly distributions to the School for up
"" to four (4) months based on the School's actual enrollment as of June 30, or
until the results of the October Full-Time Equivalent (FTE) become available.
The projected full-time equivalent student membership will be determined by
the actual student enrollment at the School at the conclusion of the second
week of student attendance. If enrollment at the end of the second week of
student attendance is less than 90% of projected enrollment, future monthly
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 33 of 60
distributions shall be proportionally reduced. Thereafter, the results of the
FTE student surveys will be used in adjusting the amount of funds distributed
monthly to the School.
(19) Any eligible student enrolled in the School shall be provided federal funds for
the same level of service provided other eligible students in the schools
operated by the Sponsor, including Title I funding. ~
(20) Total funding sball be recalculated during the school year ~'1:Jtiotual
WFTE students reported by the School during the FTE student periods.
Additionally, funding for the School shall be adjusted ~ the year as
follows: ~ ...
(a) In the event of a state holdback or a prol?~~Ianges District
funding, the School's funding will be a s~ ~portionately. The
Sponsor will not be responsible ny liabilities incurred by the
School in the event of a Sta
(b) In the event that the ~ict ceeds the State cap for WFTE for
Group 2 programs O'~hed by the Legislature, resulting in
unfunded WFTE ~e district, then the School's funding shall be
reduced to r~ proportional share of any unfunded WFTE.
(21) Pursuant to~~ ~ 1002.33(9)(m), the School shall not levy taxes or issue
bonds secu~ tax revenue except as within the specific authority of the
City o~ura.
(2~,~hOOI is not renewed or is terminated, any public unencumbered funds,
.~uding City of Aventura funds, from the School shall be forwarded to the
~ Sponsor within thirty (30) calendar days. In that event, all School property,
~ e; improvements, furnishings, and equipment purchased with public funds,
""" excluding City of Aventura funds, as defined in Subsections I.(F) and
V.(A)(14) shall revert automatically to full ownership by the Sponsor (subject
to any lawful liens and encumbrances). If the School's accounting records fail
to establish clearly whether a particular asset was purchased with public funds,
excluding City of A ventura funds, or non-public funds, it will be considered to
have been purchased with public funds and ownership of the asset will revert
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 34 of 60
to the Sponsor.
(23) If the School is not renewed or is terminated, the School is responsible for its
debts.
(24) Except for the first payment, which shall be made by July 31, payments shall
be made to the School no later than the 15th of each month from August
through June. See the Revenue Estimate Worksheet, Appendix N, for a~le
worksheet for calculating the School's revenues. The Sponsor s~~ ~lete
this worksheet the second month following the actual FTE ~~ periods.
The following invoice will be prepared by the Sponsor bass(~ the original
revenue worksheet divided by the number of months i~1hool year until a
revised worksheet schedule is completed. ~ ~
(25) To determine invoice amounts after a revise~~ is complete, the
following steps sbould be performed: 0
(A) Total Estimated Revenue as ~
(B) Less 2% Administrative ~hY
(for first 500 students) 0 ~
(C) Less 2% Administr~Overhead
(for over 500 stud~
(D) Less p~ Date to Cbarter Scboo1
.(E~er (describe):
~
e; ~ (F) Equals Net Amount Due
~ (G) Divided by Number of Months Remaining
(
)
(
)
(
)
(
)
(H) EqualsAmount this Payment
(26) The administrative fee retained by the Sponsor pursuant to this Contract
includes, among other things, a fee for academic and financial monitoring
I Funds deducted from Operating Budget-and transferred to Capital Outlay Budget must meet criteria for Capital Outlay use.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 35 of 60
required of the Sponsor by law.
(27) The parties agree that the Sponsor, with reasonable notice, may request at any
time and up to four (4) times a year reports on school operations and student
performances and the School shall provide the same in a timely manner, at
least within thirty days of receipt of said requests.
(28) The Sponsor reserves the right to require the School, and the School a~o,
adhere to any additional financial requirements mandated by. ~~rida
Department of Education. ~ ~
(29) Any Title I funds allocated to the School must be used to s~~ent students'
greatest instructional needs that have been identifi~' a comprehensive
needs assessment of the entire School and s~~ accordance with
fedem1 regulations. The academic program fun~~b Title I shall include
Reading, Language Arts, Mathematics a~5ence. The School's eligibility to
receive Title I funds will be base~~centage of students participating
in the Free and/or Reduce~ric~nch Program as determined by the
Economic Survey using a~!:3~{ermined cut-off level established by the
Sponsor. 0
(30) The per pupil all~ of Title I funds will correlate with the per- pupil
allocation ~~ents' home school. The allocation of Title I Funds shall
be made in ~dance with the Public Charter Extension Act of 1998 and all
corresr@t~ guidance and regulations.
(3 ~ ,~~ent item purchased with Title I funds costing $1000 or more,
cQP")ch is classified as Capitalized Audio Visual or Equipment, remains the
~ property of Title 1. This property must be identified, labeled and made readily
"'" ~ available for Title I property audits.
~ (32) If the School accepts Title I funds, at least one percent of the Title I funds
budget must be spent in support of parental involvement activities.
(33) The Sponsor's Title I staff will provide technical assistance and support in
order to ensure that Title I guidelines are being followed at the School and that
students are meeting high content and performance standards.
(34) When the funding source requires that the Sponsor serve as the fiscal agent for
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 36 of 60
a grant, the School shall comply with the following procedures:
(a) prior to generating any paperwork to the funding agency, the School
shall notify Specialized Programs--Charter School Operations in writing
of its intent to submit a grant application;
(b) Specialized Programs -- Charter School Operations will forward the
written request, along with the grant application gUideli~to
Intergovernmental Affairs and Grants Administration (IAG~)\ ~
(c) upon receipt of the written request, IAGA will pr~~e grant
application procedures packet and time line for the sc~
(d) IAGA will process all application d?~ requiring the
Superintendent's signature; and ~ .,...
(e) in accordance witb tbe establisbe~me~e Scbool will submit tbe
final application and the ap32ro r~Opies to IAGA for transmittal to
the funding agency.
(35) In the event that the Sponsor~t se e as fiscal agent, and indirect costs are
an allowable expense of th0nl' the School agrees that the Sponsor will be
permitted to retain gran@dS in an amount equal to the annually negotiated
indirect cost rat~ermined by the Florida Department of Education.
Indirect co~\w;t reflected in the budget of the grant application submitted
by the ~o~~
(36) If ~~r develops a District-wide grant, the School may be included in
~ ~ict proposal, if mutually agreed to in writing by the School and the
\.)'onsor.
~ When grant proposals are developed by the Sponsor's staff using student or
"'" ~ school counts that include the School's students, and the grant is awarded to
""\- the Sponsor, the pro-rata share of the dollars or services received from that
grant shall be distributed to the School, if eligible, as defined in the budget
developed for the grant.
(38) The School shall not suggest or represent to third parties, including, but not
limited to, vendors, creditors, other business entities or their representatives,
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 37 of 60
governmental entities, or other individuals, that the Sponsor will guarantee
payment for any purchases made or debts incurred by the School, nor shall the
School represent that the Sponsor will guarantee payment for any loans
secured by the School, or that the Sponsor will lend its good faith and credit in
order for the School to obtain a loan or other forms of credit. Pursuant to Fla.
Stat. S 1002.33(8)(f), "If a charter is not renewed or is terminated, th~er
scboo1 is responsible for all debts of tbe charter scbool. The Di~~ not
assume the debt from any contract for services made between overning
body of the school and a third party." Jl. 0
(39) The Sponsor will cooperate and assist the School, ~~red by Florida
Statutes, to obtain capital outlay funding for whi~ ~ool is eligible, if
any. Procedures for submitting and approving ~iSror funding under Fla.
Stat. S 1013.62, Charter SCh~OIS a' al ~~tlay Funding, are hereby
incorporated into this Contract as p .
B. REPORTING OF STUDENTS "'-
(1) In order to facilitate the S~~ reporting requirements as reflected in the
legislation and in order e~e continuous data for students participating in
the School, the ~agree that the School will utilize the Sponsor's
electronic d~~1'~g facility and procedures for the processing of student
enrollment,~~dance, FTE collection, and assessment information. The
Sponsct\-ll! analyze the School's facility and develop a hardware/software
.,o~ ~cb provides the School witb limited access to tbe Sponsor's data
~~ssing facility. The School will provide hardware and related
~ ~rastructure. There will be no cost to tbe School for tbe related installation of
...0 e; software programs.
~ (2) The Sponsor will also provide training for the School's personnel in the use of
designated District applications necessary to respond to the statutory
requirements of Fla. Stat. S 1008.345, including the annual report and the
StatelDistrict required assessment program. The Sponsor's support for this
function will be provided at cost and will not exceed the 2% administrative fee
provided in the law. Access by the School to additional data processmg
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 38 of 60
applications, materials, or forms not required in the statute, but available
through the Sponsor, may be negotiated separately by the parties.
(3) If the School submits data relevant to FTE funding that is later determined
through the audit procedure to be inaccurate, the School shall be responsible
for any reimbursement to the State for any errors or omissions for which the
School is responsible. ~
C. FACILITIES ~ '\ ~
(1) The School agrees to use facilities that comply with the Florid~it!kg Code,
pursuant to Chapter 553, including State Requiremen(. \,rl Educational
Facilities, and the Florida Fire Prevention Cod~tding reference
documents, applicable state laws and rules, an~$~nd rules.
(a) The School shall provide for full cost 0 u chase and development of
the facility and site, including ~t limited to, the design, plan
reviews, inspections, and ~tIon. It is the responsibility of the
School to provide the ~on~ith certification of compliance with
these requirements b0)rding a signed and sealed statement to the
Sponsor from the etect of record stating that:
"I hav~ed and inspected the subject facility, and to the best
~~OWledge and ability have determined that: the project is
~pliance with applicable federal laws and rules, applicable
~te statutes and rules, the Florida Building Code, including
· ~ Chapter 423, and the Florida Fire Prevention Code, including
~ reference documents, and that no asbestos containing materials
~ were specified for use in this building, nor were asbestos
~ e; (b) The S::::::~~I::t:::~::::~nf::e~::::;:: ::::I~;j:::~~ant to
the requirements of Chapter 5 of the State Requirements for Educational
Facilities (SREF) as may be amended, revised, or replaced, the
certification of occupancy, and provisions of applicable state and federal
laws and rules concerning public schools, and with the Florida Building
Code, including Chapter 423, and the Florida Fire Prevention Code,
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 39 of 60
including reference documents, to protect the health and safety of
building occupants.
The School is owned by the City of Aventura. The City's General Fund leases
the school facilities to the City's Charter School Fund. A copy of the lease
shall be available to the Sponsor at least thirty (30) calendar days before the
initial opening day of classes. ~
The School will be located at 3333 NE 188 Street, Aventura, FIOS ~.
The School shall comply with all applicable laws, ordinancMn codes of
federal, state, and local governance, including the IDEA, t~"t!Jr{, and section
504 of the Rehabilitation Act. It is expressly agree~' the School shall
obtain all necessary licenses, permits, ~f~PProval' facility
certification, and other approvals required for itrd ");ntinued occupancy of
the facility as required by the local ernment or other governmental
agencies, and copies shall be provo e
(a) Since charter schools a~ully cognized as public schools pursuant to
Fla. Stat. S 1002.33e t\e School's operation shall be subject to
necessary local ~ment approvals including site plan approval
pursuant to ~t. S 1013.33. Zoning or other land use development
ordera~g the School use, if issued by the local government entity
having~diction over the area where the School property is located,
s0~tisfy the review requirements of Fla. Stat. S 1013.33.
.()~~hool further agrees that it shall be responsible for all cost for, or
~~associated witb, complying with local ordinances, securing licenses,
~ permits, zoning, use approval, facility certification, and other approvals,
"'" e; including, but not limited to, application fees, advertising costs, surveyor
~ costs, plan review fees, permit costs and licensing costs, and any other
additional charges or surcharges by the local government or other
(2)
(3)
(4)
governmental agencies.
(c) The School will show a valid and current Certificate of Occupancy, and
other certificates that are required by the applicable building and fire
enforcement authorities, as well as health and sanitation enforcement
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 40 of 60
authorities and including all other enforcement agencIes having
jurisdiction, at all times during the term of this Contract.
(d) The School agrees that at no time during the length of this Contract will
the enrollment capacity exceed the number of students permitted by
zoning capacity, applicable laws and regulations.
(e) If the School fails to obtain all permanent and temporary I~S,
permits, use approval, facility certification, and any other a~s as
required by the local government or any other gOVe~~l~odies
having jurisdiction or present evidence of the aQi{~ obtain the
approvals defined above prior to the opening da~l"sses that can be
certified or confirmed by the local g~~t or any other
governmental bodies having jurisdiction~~st thirty (30) calendar
days prior to the initial opening d~ c1~ses, this Contract may, at the
sole option of the sponsor~~ith no compensation due to the
School; however, the a~ca~all remain effective for the following
school year. ~ ~
(f) If the School faiO'M'aintain valid licenses, permits, use approval,
facility cert~, and any other approvals as required by the local
gove~rGany other governmental bodies having jurisdiction at any
time (Jl'i"""""~ the term of this Contract, the Sponsor may withhold all
s~jl,uent payments to the School until said permits, use approval, or
. ~~ certification are obtained.
(50'\;der to clearly maintain !be appearance of neutrality toward religion and
~ politics, the School agrees not to affix any religious or partisan political
..0 e; symbols, statues, artifacts, etc., on or about the property and facilities where
~ the School will operate.
(6) If the School operates in leased facilities, the lease shall be for the term of this
Contract, or in lieu thereof, the School shall present a lease with a plan to
ensure a facility consistent with Subsection V.(C) subsections (1)-(6) above,
for the duration of the Contract.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 41 of 60
D. TRANSPORTATION
(1) The School agrees to provide transportation to the School's students consistent
with the requirements of Part I. E. of Chapter 1006, Florida Statutes. The
governing body of the charter school may provide transportation through an
agreement or contract with a private provider or parents.
(2) At the discretion of the School's governing body, transportation ~be
provided through private providers who meet all applicable ~ and
Sponsor's safety and transportation standards with funds allor"\~ ~igible
students. The School may choose to provide transportat~tudents who
live beyond four (4) miles from the School, at its disc~. The School will
provide tbe Sponsor tbe name oftbe private ~~rovider and a copy
of tbe signed transportation contract at least te'"f!lr ~king days pri or to tbe
opening day of classes. 0:
(3) Transportation shall not be a ba~qual access for all students residing
within a reasonable distance,~ g~ than four (4) miles, from the School
as determined in the SChOolo~ortation plan in the approved application.
(4) The rate of reimbursee will be equivalent to the reimbursement rate
provided by the ~ all eligible transported students within the school
district. ~ C;
E. INDEMNIFICA~
(1)~ Te ~to tbe extent immunity may be waived pursuant to Fla. Stat. ~
· . , agrees to indemnify, defend with competent counsel, and hold the
o nsor, its members, officers, and agents, bannless from any and all claims,
~ actions, costs, expenses, damages, and liabilities, including reasonable
-.0 e; attorney's fees, arising out of, connected with or resulting from: (a) the
~ negligence of the School's employees, contractors, subcontractors, or other
agents in connection with and arising out of their services within the scope of
this Contract; (b) disciplinary action or the termination of a School employee;
(c) the debts accrued by the School and/or non-payment of same; (d) the
School's material breach of this Contract or violation oflaw; (e) any failure by
the School to pay its suppliers or any subcontractors; or (f) personal injury,
A ventura City of Excellence School- Second Amendment to Contractu al Agreement
June 18, 2008
Page 42 of 60
property damage, or violations of civil rights that may arise out of, or by
reason of actions of the School and/or its employees, agents, and
representatives. However, the School shall not be obligated to indemnify the
Sponsor against claims, damages, expenses or liabilities to the extent these
may result from the negligence of the Sponsor, its directors, officers,
employees, and subcontractors. The duty to indemnify for prof~onal
liability as insured by tbe School Leaders Errors and omis:~~~ty
Policy described in this Contract will continue in full for d effect
notwithstanding the expiration or early termination of Jl'i~mtract with
respect to any claims based on facts or conditions ~ ~curred prior to
termination. In no way shall the School Lead~~s and Omissions
Liability Policy's three (3) year limitation ~~ermination claims of
professional liability impair the Spon~ cllrm~ to indemnification with
respect to a claim for which th~~nsured or for which the School
should have been insured un~ C~rcial General Liability Insurance. In
addition, the School shall in~~, defend, and protect and hold the Sponsor
harmless against a~l clai ~actions brought against the Sponsor by reason
of any actual or e ringement of patent or other proprietary rights in
any materi;roo achine or appliance used by tbe Scbool.
(2) The Schoo notify the Sponsor of the existence of any third party claim,
demantY ~ther action giving rise to a claim for indemnification under this
JJr~~ "third-party claim") and shall give each other a reasonable
~~)(~nity to defend the same at its own expense and with its own counsel,
~ ~ovided that the Sponsor shall at all times have the right to participate in such
~ ~T defense at its own expense. If, within a reasonable amount of time after receipt
...0 of notice of a third-party claim, the School shall fail to undertake to defend, the
~ other party shall have the right, but not the obligation, to defend and to
compromise or settle (exercising reasonable business judgment) the third-party
claim for the account and at the risk and expense of the School, which the
School agrees to assume. The School or the Sponsor shall make available to
each other, at their expense, such information and assistance as each shall
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 43 of 60
request in connection with the defense of a third-party claim.
(3) The School's indemnity obligations under this provision and elsewhere in the
Contract shall survive the expiration or termination of this Contract.
F. INSURANCE
(1) Evidence of Insurance.-- The School shall provide evidence of liability
insurance in the following manner: ~
(a) As evidence of compliance witb tbe insurance required by ~ f'b,act,
the School shall furnish the Sponsor with fully comple~e ificate(s)
of Insurance signed by an authorized representati~~e insurer(s)
providing the coverage, before the initial open_i~f classes.
(b) The Sponsor shall be notified, in writin~~c~ol, of cancellation
of insurance within ten (10) days o~e ca~enation.
(c) Until such time as the insuA~onger required to be maintained
by the School, the School s~l~ide the Sponsor with evidence of the
renewal or replacemen~ the msurance no less than thirty (30) days
before the expiration e;tination of the required insurance for which
evidence W"~d: Failure to comply with this section or to
t .- YSlte msurance coverage shall constitute a material
brea ontract.
(2) Requi~e~ f Insurance.-- Insurers providing insurance required by the
~c~~s Contract must meet the following minimum requirements:
~ ~~I) authorized by subsisting certificates of authority by the Department of
"~ Financial Services of the State of Florida, or (II) an eligible surplus lines
t'7 ~ insurer under Florida Statutes. In addition, the insurer must have a
"'" V Best's Rating of "A" or better and a Financial Size Category of "VI" or
" better, according to the latest edition of Best's Key Rating Guide,
published by A.M. Best Company.
(b) If, during this period when an insurer is providing the insurance as
required by this Contract, an insurer fails to comply with the foregoing
minimum requirements, as soon as the School has knowledge of any
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 44 of 60
such failure the School shall. immediately notify the Sponsor and
promptly replace the insurance with insurance provided by another
insurer meeting the requirements. Such replacement insurance coverage
must be obtained within twenty (20) days of cancellation or lapse of
coverage.
(c) Without limiting any of the other obligations or liabilities of the ~l,
tbe Scbool shall, at the School's sole expense, procur~~ and
keep in force the amounts and types of insurance co . g to the
minimum requirements set forth in this Contract. ~~ s otherwise
specified in this Contract, the insurance shall ~1;ce prior to the
commencement of the opening of the Schoo~~ be maintained in
force, without interruption, until this Con~ ~inated.
(3) Commercial General Liability Insura~- E~ePt as otherwise provided in
this Contract, the Commercial ~~ility Insurance provided by the
School shall conform to the r~re~ hereinafter set forth:
(a) The School's insura~~l cover the School for those sources of
liability (i::l~e ~hout limitation, coverage for operations,
Products/Co~~ ~perations, independent contractors, and liability
con~Usumed) wbich would be covered by the latest occurrence
form ~ of the standard Commercial General Liability Coverage
~..,(ISO Form CG 00 01), as filed for use in the State of Florida by the
. ~~ce Services Office.
~ The minimum limits to be maintained by the Scbool (inclusive of any
~ amounts provided by an umbrella or excess policy) shall be $1 million
,..0 e; per occurrence/$3 million annual aggregate.
""" (c) Except with respect to coverage for Property Damage Liability, the
Commercial General Liability coverage shall apply on a first-dollar basis
without application of any deductible or self-insured retention. The
coverage for Property Damage Liability may be subject to a maximum
deductible of $1 ,000 per occurrence.
(d) The School shall include the Sponsor and its members, officers, and
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 45 of 60
employees as Additional Insured on the required Commercial General
Liability Insurance. The coverage afforded such Additional Insured
shall be no more restrictive than that which would be afforded by adding
the Sponsor as Additional Insured using the latest Additional Insured -
Owners, Lessees or Contractors (Form B) Endorsement (ISO Form CG
20 10). The certificate of insurance shall be clearly marked t~ct
"The Sponsor (The Scbool Board of Miami-Dade count~~' its
members, officers, employees, and agents as Additional In "
(4) Automobile Liability Insurance.-- The Automobile ~Q Insurance
provided by the School shall conform to the following r~~ents:
(a) The School's insurance shall cover the sotQ is- those sources of
liability which would be covered by Se~ ')r the latest occurrence
edition of the standard Business ~o P~icy (ISO Form CA 00 01),
including coverage for liab~~uallY assumed, as filed for use in
the State of Florida by tl\.Ins~e Services Office.
(b) Coverage shall be :~~on all owned, non-owned, and hired autos
used in connectio~is Contract.
(c) The minim~s to be maintained by the School (inclusive of any
amoua~ed by an umbrella or excess policy) shall be $1 million
per o~~ce, and if subject to an annual aggregate, $3 million annual
aSwte.
(5) .w~~ompensatiOn/EmPIOyerS' Liability Insurance.-- The Workers'
~pensatiOnlEmPlOyerS' Liability Insurance provided by tbe School sball
~ conform to the following requirements:
"'" e; (a) The School's insurance shall cover the School (and to the extent its
~ subcontractors and its sub-subcontractors are not otherwise insured) for
those sources of liability which would be covered by the latest edition of
the standard Workers' Compensation Policy, as filed for use in Florida
by the National Council on Compensation Insurance, without restrictive
endorsements. In addition to coverage for the Florida Workers'
Compensation Act, where appropriate, coverage is to be included for the
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 46 of 60
Federal Employers' Liability Act and any other applicable federal or
state law.
(b) Subject to the restrictions found in the standard Workers' Compensation
Policy, there shall be no maximum limit on the amount of coverage for
liability imposed by the Florida Workers' Compensation Act or any
other coverage customarily insured under Part One of the ~rd
Workers' Compensation Policy. The minimum amount~ for
those coverage's customarily insured under Part Two standard
Workers' Compensation Policy shall be: EL Each ~1Il : $500,000;
EL Disease-Policy Limit: $500,000; EL Di~~ch Employee:
$500,000. ~ ~
(6) School Leader's Errors And Omissions Lia . ~~urance.-- The School
Leader's Errors and Omission Insurance conforming to the
following requirements: "-
(a) The School Leader' s ~~and Omissions Liability Insurance shall be
on a form acceptaO"rrie Sponsor and shall cover the School for those
sources of ~ typically insured by School Leader's Errors and
Omis~ ~l:hlity Insurance such as School Leader's Errors and
Omis~~iability Insurance policies offered by The National Union
~Yisurance Company of Pennsylvania, arising out ofthe rendering or
. ~ to render professional services in the performance of this
~ Contract, including all provisions of indemnification, whicb are part of
~ this Contract.
"'" e; (b) The insurance shall be subject to a maximum deductible not to exceed
~ $25,000 per claim.
( c) If the insurance is on a claims-made basis, the School shall maintain,
without interruption, the Professional Liability Insurance until three (3)
years after termination of this Contract.
(d) The minimum limits to be maintained by the School inclusive of any
amounts provided by an umbrella or excess policy, shall be $1 million
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 47 of 60
per claim/annual aggregate.
(7) Property Insurance
(a)
If the School is the owner and/or has a mortgage on the school site
location, the School shall furnish on a form acceptable to the Sponsor,
Property Insurance for the "Building" which is to include the structure as
described in Section V.(C), Facilities, including permanently i~d
fixtures, machinery and equipment, outdoor fixtures, a?-,\ ~onal
property to service the premises. If the building is un~~truction,
the School shall provide evidence of property insura~ ~he additions
under construction and alterations, repairs~~ing materials,
equipment, supplies, and temporary structu~~ 100 feet of the
premises. ~
e evidence of business personal
(b)
property coverage to in
iture, fixtures, equipment, and
machinery used in the ~ol.
(c) If the School leases tn~ocation, then the School shall provide on a
form acceptable t(!!J "fr,onsor no later than thirty (30) calendar days
prior to the ~ of school, evidence of business personal property
insur~ Vclude furniture, fixtures, equipment and machinery used
in theS~l.
(8) APPIi~ All Coverag..
~~~e msurance provided by the Scbool sball apply on a primary basis and
.Sry~~ otber insurance or self-insurance maintained by tbe Sponsor or its
~ members, officers, employees or agents, shall be in excess of the
"" e; insurance provided by or on behalf of the School. Except as otherwise
~ specified, the insurance maintained by the School shall apply on a first-
dollar basis without application of deductible or self-insurance retention.
Compliance with the insurance requirements of this Contract shall not
limit the liability of the School, its subcontractors, its sub-subcontractors,
its employees or its agents to the Sponsor or others. Any remedy
provided to the Sponsor or its members, officers, employees or agents by
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 48 of 60
the insurance shall be in addition to and not in lieu of any other remedy
available under the Contract or otherwise.
(b) The School shall require its subcontractors and its sub-subcontractors to
maintain any and all insurance required by law. Except to the extent
required by law, this Contract does not establish minimum insurance
requirements for subcontractors or sub-subcontractors. ~
(c) Neither approval by the Sponsor nor failure to disapprOd:e t ~nce
furnished by the School shall relieve the School of t ol's full
responsibility to provide the insurance as required b~~ ontract. The
School shall be in default of this Contract for r.A' to maintain such
insurance as required by this Contract. s:<.. ~
VI. GOVERNANCE STRUCTURE x..~
A. The seven members, duly elected ~~es of The City of A ventura
Commission, will serve as the Scho~ B~f Directors (Board).
B. The primary responsibility of ~~ard is to lead in the identification and
development of broad goals e specific objectives to be accomplished by the
School. The Board su~hese goals and objectives by annually adopting an
operating budget~ CJ "...
C. The Board will 0;;;;J the City Manager who will be responsible for the day-to-day
operations ~ school and exercise continuing oversigbt over !be Scbool's
oP~l\.~e City's agreement witb !be education management company shall
en~l'it all the provisions herein and in the application attached hereto as
~ndix A shall be enforced.
~he School will be held accountable to its students, parents/guardians, and the
r ~ community at large, through a continuous cycle of planning, evaluation, and
reporting set forth in Fla. Stat. ~ 1002.33.
E. The City Manager, pursuant to Resolution No. 2003-45 and the Municipal Charter of
the City of A ventura in consultations with School staff, will be responsible for the
over-all policy decision making of the School, to include creating/adjusting the
curriculum and developing and adopting an annual budget.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 49 of 60
F. Pursuant to Fla. Stat. S 1002.33(l2)(g), the School's governing board members shall
be fingerprinted by the Sponsor prior to the approval of the School's Contract. Board
members appointed to the governing board after the approval of the School's
Contract must be fingerprinted within thirty (30) days of their appointment. The cost
of fingerprinting shall be borne by the School or the governing board member. The
governing board agrees to dismiss governing board members whose fin~nt
check results reveal non-compliance with standards of good moral cbar~~
G. The Principal shall be an employee of the City and shall be direct~ vised by
the City Manager. The City may employ other key personnel,.tf\w'School who
shall be directly supervised by the Principal. The teac~~port staff, and
contractual staff will be directly supervised by the ~"'S- or the education
management company, as applicable. ~
H. An Educational Excellence School Advisory ~cil (EESAC) will be established
consistent with Fla. Stat. ~ 1001.452 t~~bievement of the mission oftbe
School, and to ensure that the Scho~e~ needs of the children and community
it is developed to serve. To this e~~chool will detail and address the following
components, for its EESAC~~tabliShment of by-laws; (b) composition of
membership; (c) elect~edures; (d) communication and posting of meeting
agendas and min~~nt to Fla. Stat. S 286.011 (Sunshine Law).
I. A School Adviso~~ittee (SAC) will be established to facilitate achievement of
the mission 0~ School, and to ensure that the School meets the needs of the
childfllen~~unity it is developed to serve.
J. As~ted above, the Scbool will be responsible for administrative schooi
~lOns, such as bookkeeping, pursuant to the rules and policies that are developed
"'" ~y the City Manager consistent with such standards for other public schools.
~. No employee of the school may be a member of the governing body.
L. No member of the School's governing board will receive compensation, directly or
indirectly, from the School's operations, including but not limited to grant funds.
Violation of this provision shall constitute a material breach of the Contract.
M. The School's parents/guardians will contractually agree to be responsible for their
children's attendance (per applicable rules and regulations), classroom participation,
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 50 of 60
and behavior. The School agrees to submit Parental Contracts to the Sponsor for
approval. Any amendments to the Parental Contracts shall be submitted to the
Sponsor in advance for approval. Attached, as Appendix P, is the School's Parental
Contract.
N. To insure that parents/guardians will have a strong voice in the governance of the
School, the following policies will be observed: ~
(1) board meetings will be open to the public in accordance with J E(~t. S
286.011 (the Sunshine Law) pursuant to Fla. Stat. S 1002.~)1., and
parents/guardians shall be notified in a timely manner ~~couraged to
attend. Notification will also be available in languages ~l"an English, e.g.,
Spanish, and Haitian-Creole; and ..c ~
(2) periodic academic progress meetings will be ~'}parents/gUardianS as a
way to provide "open discussion" an~-way feedback on student and
program progress. ~
O. The School will comply with Flori~ta~ChaPter 119 (the Public Records Act)
pursuant to Fla. Stat. S 1 002.33(1 ~~I,1t and any other applicable statutes pertaining
to public records. 0
P. The School's gOVerni~ its representatives pursuant to Resolution No. 2003-
45 and the Muni~ er of the City of Aventura, will provide to the Sponsor on
an annual basis, ~ ~tember 1 st, a schedule of all governing body meetings for the
school year, Q~ing the date and time of the meeting and the locations. The
SChoe~ "'onsible for notifying the Sponsor of any changes to this schedule
at ~ (2) days prior to !be meeting.
Q. ~ChOOI agrees to allow reasonable access to its facilities and records, including
,..0 ~ecords related to the governing board which meet the requirements of the Public
""" Records Act, to duly authorized representatives of the Sponsor. Failure to provide
such access will constitute a material breach of this Contract.
R. The School's governing board members shall be responsible for participating in
governance training approved by the department that include government in the
Sunshine, conflicts of interest, ethics, and financial responsibilities.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 51 of 60
VII. MANAGEMENT COMPANIES
A. If a management company will be managing the School, the contract between the
management company and the School shall be submitted to the Sponsor prior to the
approval of the School's Contract. All proposed amendments to the contract
between the management company and the School shall be submitted in advance to
the Sponsor for review. A copy of the amended management agreement ~be
provided to the Sponsor within five (5) days of execution. ..I. "\ ~
If a management company is contracted subsequent to the execution~~ontract,
the contract between the management company and the School s~~subrnitted to
the Sponsor for review prior to execution by the School. ~.
The contract between the Scbool and the manageme~~ ");all require tbat tbe
management company operate the School in accorda e itn the terms stipulated in
tbis Contract and all applicable laws, ordi~, rules, and regulations. The
contract between the School and the ~ent company shall allow the School
the ability to terminate the cont~ ~he management company. Neither
employees of the management co~")nor members of the management company's
employees' families, as define~ool Board Rule 6Gx13-4A-1.18, Assignment-
Members of the Same ~hall sit on the School's governing board or serve as
officers of the col!!!::...~
Any default or b~ of the terms of this Contract by the management company
shall constit~a,.default or breach by the School under the terms of the Contract
b>>I:;)t'fdl and Sponsor.
RESOURCES
B.
c.
D.
(1) The Governing Board of the charter school, through its City Manager pursuant
to Resolution No. 2003-45 and the Municipal Charter of The City of A ventura,
will employ qualified, professional staff, contract with qualified entities for
administrative, management and/or educational services; and/or utilize the
services of a professional education management company for all the daily
operations of the School. The principal and other key personnel shall be
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 52 of 60
employees of the City. An education management company or other qualified
entity will be the actual employer of the School staff. All employees of the
School will receive benefits including health, retirement and all other benefits
prescribed by Federal and State Labor Law. City employees shall be hired
pursuant to the personnel policies and procedures of the City. City employees
shall be hired pursuant to the personnel policies and procedures of t~ity.
Tbe School sball contract with tbe education management com:1~);er
qualified entity to hire all other School employees, and shall su . annually
to tbe Sponsor its written strategies used to recruit, bir~ 0, and retain
qualified staff. The School agrees that its employ~~ctices shall be
nonsectarian pursuant to Fla. Stat. S 1002.33(9)(a). ~ ~
The governing board shall strive affirmatively ~~ equal opportunity in
employment. ~ ~.,
All instructional staff employed ~~ contract to, the School shall be
certified as required by Ch~r ~ Florida Statutes, and shall meet all
requirements for highly qua *,-~structional personnel as defined by the No
). The School may employ or contract with
skilled selected n ed personnel to provide instructional services or to
assist instru~nU f members as education paraprofessionals in the same
manner as ~ed in Chapter 1012. Their resumes/biographies shall be
availa~ ~ parents/guardians and community members upon request.
'-pa~~ians will be advised of the School's commitment to providing
~~1"~ing professional development programs for its teachers to enhance their
_ ~ ~ility to maximize student learning.
U> The School agrees to provide the Sponsor with the names and social security
~ numbers of all applicants the Scbool is interested in employing. In order to
ensure that all School employees are processed properly through the Sponsor,
the School will provide the Sponsor copies of monthly payroll rosters as
(2)
(3)
directed. The payroll rosters should, at a minimum, indicate the payroll period,
the number of days that each individual was paid for, and the daily rate of each
salary or the total amount paid to each individual during that period. Failure to
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 53 of 60
provide this information in a timely manner may result in withholding of FTE
payments until the information is provided and shall constitute a breach of this
Contract. A repeated failure- to provide this information shall be deemed a
default of this Contract. The parties agree that the School will utilize the
Sponsor's specifically~designed Automated Charter School Employee System
(ACES) and procedures for processing staff information. The Sponso~,es
to provide appropriate training to Scbool personnel on tbe use Of~~iC
reporting facility.
(5) The School agrees not to employ an individual for instruc~Orvices if the
individual's certification or licensure as an educator iA'llded or revoked
by this or any other state. The School shall moni~~r certification and
ensure that teachers maintain their certification~~ all times. Temporary
instructors employed by the School m~avJ..-a current substitute teaching
certificate issued by the Sponsor. ~ U--
(6) The School agrees not to e~y ~dividual who has resigned in lieu of
disciplinary action or who h~~dismissed by any school district.
(7) The School agrees to e"to the parents/guardians and the Sponsor the
qualifications of i~rs upon request.
(8) Pursuant t~~. SS 1012.32(2)(a), 1012.465, and 435.04, and School
Board Rule6~3- 4C 1.021, as well as 2005 HB 1877, the Jessica Lunsford
Act, th~~ol agrees to fingetprint for level 2 screening of all applicants, for
ein~~ and non-instructional positions, that the School is interested in
~OYing. Additionally, tbe Scboo1 agrees tbat eacb of its employees,
~ representatives, agents, subcontractors, or suppliers who are permitted access
"'" e; on school grounds when students are present, who have direct contact with
~ students or who have access to or control of school funds must meet level 2
screening requirements as described in Fla. Stat. SS 1012.32 and 435.04 and,
upon obtaining level 2 clearance, must obtain the required Sponsor-issued
photo identification badge which shall be worn by the individual at all times
while on School property when students are present.
(9) The Sponsor shall perform the processing of each applicant's fingetprints and
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 54 of 60
the issuance of the photo identification badges. The School or the applicant
shall bear any and all costs associated with the required fingerprinting, Level 2
background screening, and photo identification badge.
(10) The School agrees that School employees shall not be hired prior to the
Sponsor's receipt and review of the fingerprinting and Level 2 background
screening results of the charter school applicants from the Florida De~~nt
of Law Enforcement and tbe Federal Bureau ofhtvestigation. PO~~OOI
employees sball submit official court dispositions for ~ enses of
moral turpitude listed as part of their fingerprint results. T I agrees not
to hire applicants whose fingerprint check and Level 2~; ng results reveal
non-compliance with standards of good moral char~ ~ncompliance may
result in withholding of FTE payments and ~~itute a breach of this
Contract. -x.. ""
(11) The School agrees to conduct ~~ screening on all applicants for
instructional and non-ins~~sitions witb tbe School, including
contracted personnel, in th~ r set forth in the Sponsor's School Board
Rule 6Gx13- 4-1.05 an ~iami-Dade County Public Schools' Drug-Free
Workplace Gene y Statement, attached hereto as Appendix Q. A
employmen . cost of drug screening will be borne by the School or the
applic~ .-.
(12).1}~~grees to require all instructional employees who hold Department
~~cation teaching certificates to self-report within 48 hours to appropriate
~ ~thorities any arrest and final dispositions of such arrest other than minor
..(') ~~' traffic violations. (DUl is not considered a minor traffic violation.) The
~ School further agrees to require employees to adhere to School Board Rule
6Gx13- 4A-1.21, Responsibilities and Duties, 6Gx13-4-1.08, Violence in the
Workplace, and 6Gx13-4A-1.302. prohibiting employees from bringing
firearms onto School property. The School shall be responsible for the
investigation and discipline of any School employee who may be in violation
of these Rules.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 55 of 60
(13)The School agrees to require that its employees abide by the guidelines set
forth in Chapter 6B-1.001, Code of Ethics of the Education Profession in
Florida, and Chapter 6B-l.006, Principles of Professional Conduct for the
Education Profession in Florida, hereby attached as Appendix R (Code of
Ethics - Education Profession). The School shall be responsible for the
investigation and discipline of any School employee who may be in v~~m
of these regulations. ..l "\ ~
(14) Attached, as Appendix S (Personnel Policy), is the Sch~~licy for
selecting and employing personnel. ~ U
(15) The School shall employ only individuals legally au~~d to work in the
United States pursuant to federal immigration ~ ~~S regulations.
(16) Pursuant t.o Fla. Stat. S 1002.33(12)(b~SCh I mployees shall have the
option to bargain collectively and may tively bargain as a separate unit
or as part of the existing Sc~ lCt collective bargaining unit as
determined by the structure o~~.
(17) The School expressly reO the right to discipline its employees in
accordance with the la~the State of Florida (and consistent with the Rules
of the State Boar~catiOn) and any applicable federal laws. The School
will apply ~r:;;, consistent, and even-handed procedures in disciplinary
actions. Te~ed employees are entitled to receive compensation for the
time th~e been employed.
B. PRJt....~~BLlC EMPLOYEES
.... ~ School will be a private employer. (If the School herein elects to be a
~PUbliC employer, the School may participate in the Florida Retirement System
"'" e; upon application and approval as a "covered group" under Fla. Stat.s
~ 121.021(34). If a charter school participates in the Florida Retirement System,
the charter school employees shall be compulsory members of the Florida
Retirement System.) Teachers and other staff on approved charter school leave
from the Sponsor will be considered employees of the School and as such will
not be covered by the contract between the United Teachers of Dade (UTD)
and M-DCPS.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 56 of 60
IX. MISCELLANEOUS PROVISIONS
A. Neither party shall be considered in default of this Contract ifthe performance of any
section or all of this Contract is prevented, delayed, hindered or otherwise made
impracticable or impossible by reason of any strike, flood, hurricane, riot, fire,
explosion, war, act of God, sabotage, accident or any other casualty or cause ~nd
either party's control, and which cannot be overcome by reasonable di~ and
without extraordinary expense. ~ ....
B. This Contract sball constitute !be full, entire, and complete agr~Obetween tbe
parties hereto. All prior representations, understandings, a~reements whether
written or oral are superseded and replaced by tbis ~~~ Contract may be
altered, changed, added to, deleted from, or modifi y through the voluntary,
mutual consent of !be parties in writing. Any o.ant131 amendment to !bis Contract
shall require approval of the School Bo~
C. This Contract shall not be assigne~ ~party. The School may, without the
consent of the Sponsor, enter int~~cts for services with an individual or group
of individuals organized as ~~rshiP or cooperative so long as the School
remains ultimately resp~or said services as set forth in this Contract.
D. No waiver of anrh.~n of this Contract shall be deemed or shall constitute a
waiver of any oth~~vision unless expressly stated. The failure of either party to
insist in any Q~ more instances upon the strict performance of anyone or more of
tbe~"t' ""-is Contract shall not be construed as a waiver or relinquishment
of or provision, and the same shall continue in full force and effect. No
~r or relinquishment to any provision of this Contract shall be deemed to have
~ ~een made by either party unless in writing and signed by the parties.
~. Non-compliance with any of the terms and conditions of this Contract shall
constitute a material breach of contract.
F. All representations and warranties made herein shall survive termination of this
Contract.
G. If any provision or any section of this Contract is determined to be unlawful, void or
invalid, that determination shall not affect any other provision or any section of any
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 57 of 60
right possessed by a member of the community, a student, or parent/guardian of a
student of the School. ~
This Contract is made and entered into in tbe State of Florida and shall "S.~eted
according to the laws of Florida, with venue in Miami-Dade Cou~ e parties
mutually agree that the language and all parts of this Contract ~~ all cases be
construed as a whole according to its fair meaning, and not s~ 1:;r or against any
of the parties. ~ ~
Every notice, approval, consent or other communi~~""'~Orized or required by
this Contract shall not be effective unless sam~all e in writing and sent postage
prepaid by United States mail, directe~\tlr party at its address hereinafter
provided or such other address as ~r ~ may designate by notice from time to
time in accordance herewith: 0 ~
A ventura City of Ex 11 ce School
Eric M. Sorok, 1
City of A ven a
19200 es try Club Drive
A ventur, I ida 33180
A v$ra ty of Excellence School
Jul , Principal
. ~ 188 Street
X. ,)I;q~ntura, Florida 33180
~\,,)t The School Board of Miami-Dade County, Florida
rj ~T Attn.: Superintendent of Schools
..0 V 1450 N .E. Second Avenue, Suite 931
~ Miami, FL 33132-1308
other provision of this Contract and all such remaining provisions shall continue in
full force and effect, notwithstanding.
H. This Contract is not intended to create any rights of a third party beneficiary. This
clause shall not be construed, however, as contrary to any statutory or constitutional
I.
J.
And copies of all Notices to:
Clerk of the School Board
1450 N.E. Second Avenue, Suite 268B
Miami, FL 33132-1308
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K. The School and the Sponsor both represent that they have been represented in
connection with the negotiation and execution of this Contract and they are satisfied
with the representation.
L. The headings in the Contract are for convenience and reference only and in no way
define, limit, or describe the scope of the Contract and shall not be considered in the
interpretation of the Contract or any provision hereof. ~
M. This Contract may be executed in any number of counterparts, eacb ~~ball
be an original, but all of which together shall constitute one Contract"",,
N. Each of the persons executing this Contract represent and warra~lr(hey have the
full power and authority to execute the Contract on behal.f~arty for whom he
or she signs and that he or she enters into this Con~ ~ dr her own free will
and accord and in accordance with his or her own ~gfnent, and after consulting
with anyone of bis or her own choosing, ino.g but not limited to bis or ber
attorney. ,..()..\
O. In tbe event of any conflict ~ ~rovisions of this Contract and any
Appendix, this Contract shall pre~
o
~~
.~~
~
~e;~
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IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year
first above written.
ATTEST:
THE CITY OF A VENTURA, FLORIDA, on ~lf of
A VENTURA CITY OF EXCELLENCE ~~L
04
Signature OfCi~~
Nmne: ~ ~~
<(;j CIty Manager
THE SCHOOL B~F MIAMI - DADE COUNTY, FLORIDA
o
By: ~
Rudolph F. Crew, Ed.D.~-W
Secretary --~
APPROVFD~~~
~
By:
ATTEST:
By:
Signature of City Clerk
Date
Date
Name:
City Clerk
By:
Mr. Agustin 1. Barrera
Chair
Date
Date
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
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