06-25-2004
lJaJmJ of Directors
Mayor Jeffrey M, Perlow
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harrv Hobben!'
City M~F
Eric M, Soroka
I!rim;ipM
Dr, Katberine Bray Mnrpby
M~_ent C-Dm""nv
Charter Schools USA
City of Aventura
Aventura Charter Elementary School
Board of Directors Meeting
AGENDA
JUNE 25, 2004
following 10 a.m. WOtbhop meeting
Government Center
19200 West Country Club Drive
Aventura,Florida33180
1.
CALL TO ORDER\ROLL CALL
2.
APPROVAL OF MINUTES:
June 1,2004
3.
RESOLUTION - PUBLIC HEARING:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
A VENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE THE ATTACHED FIRST AMENDMENT TO THE CHARTER
SCHOOL CONTRACT FOR THE A VENTURA CITY OF EXCELLENCE
SCHOOL BETWEEN THE CITY OF A VENTURA 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.
4.
ADJOURNMENT.
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all petsons who are disabled and
who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,
305-466-8901, not later than two days prior to such proceeding. One or more members of the City's advisory boards may be in
attendance. Anyone wishing to appeal any decision made by the ACES Board of Directo", with respect to any matter considered at
such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the
proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be
viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 West Country Club Drive, Aventura, Florida,
33180. Anyone wishing to obtain a copy of any agenda item should cnntact the City Clerk at 305-466-8901.
A~ Qty ci
.n.ventura
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MINUTES
CHARTER ELEMENTARY SCHOOL
BOARD OF DIRECTORS MEETING
June 1, 2004 - 6 p.m.
Government Center
19200 W. Country Club Dr.
Aventura, Florida 33180
1, CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:00 p,m. by
Mayor Jeffrey M, Perlow. Present were Commissioners Zev Auerbach, Jay R. Beskin,
Ken Cohen, Manny Grossman, Harry Holzberg, Vice Mayor Bob Diamond, Mayor
Perlow, City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney
David M. Wolpin. As a quorum was determined to be present, the meeting
commenced.
2. APPROVAL OF MINUTES: A motion to approve the minutes of the May 14, 2004
Board of Directors meeting was offered by Commissioner Cohen, seconded by Vice
Mayor Diamond and unanimously passed.
3. PUBLIC HEARING: ORDINANCE: SECOND READING: Mr. Wolpin read the
following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR
THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR
2004/05 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY
CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY
THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR
PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS;
PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES;
PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE
DATE.
A motion for approval was offered by Commissioner Holzberg and seconded by
Vice Mayor Diamond. Mayor Perlow opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously by roll call vote and Ordinance No. 2004-10 was enacted.
4. ADJOURNMENT. There being no further business to come before the Board, the
meeting adjourned at 6:04 p.m.
Teresa M. Soroka, CMC, City Clerk
Approved by the Board of Directors on
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
City Commission E:\
Eric M. Soroka, ICMA-CM, Cir(flage .
June 21, 2004
Resolution Authorizing Execution of First Amendment to Charter
School Contract
TO:
DATE:
SUBJECT:
June 25, 2004 City Commission Meeting Agenda Item ~
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the First
Amendment to the Charter School Contract with the Miami-Dade County School Board
(MDCSB). The contract includes the middle school component. The Board's model
contract was modified to conform to our municipal charter school.
BACKGROUND
In April 2002, the City and MDCSB entered into a Charter School Contract to allow the
City to operate a charter elementary school. The amendment to the contract to
authorize a middle school component was forwarded to MDCSB in November 2003.
The Charter School Contract Review Committee approved the application as
presented, The Committee approved the revised Charter School Contract at the June
meeting,
The MDCSB required that the original Charter School Contract be replaced with an
amendment that incorporated the middle school and the revised model contract utilized
by the Board, The model contract was modified to conform to our municipal charter
school and its operating structure.
The Contract has been reviewed by Kathie Wilbur and the City Attorney. The Contract
will be on the July 2004 MDCSB Agenda.
If you have any questions, please feel free to contact me.
EMS/aca
Attachment
CC01297-04
, ,
RESOLUTION NO. 2004--
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED FIRST
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 AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized to execute the attached
First 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
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
,who
, and
Commissioner Zev Auerbach
Commissioner Jay R. Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Bob Diamond
Mayor Jeffrey M. Perlow
Resolution No. 2004--
Page 2
PASSED AND ADOPTED this 25th day of June, 2004.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
FIRST AMENDMENT TO CHARTER SCHOOL CONTRACT
THIS FIRST AMENDMENT TO THE CHARTER SCHOOL CONTRACT
("AMENDMENT") entered into as of the - day of July 2004, by and between THE
SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA ("SPONSOR") and THE CITY
OF A VENTURA, FLORIDA, a municipal corporation organized under the laws of the State of
Florida, on behalf of A ventura City of Excellence School ("SCHOOL").
RECITALS
A.
The Sponsor and School entered into that certain Charter School Contract dated
as of April 18, 2002 (the "Contract"), whereby the Sponsor agreed to pennit the School to
operate a charter school pursuant to Florida Statutes.
B.
The Sponsor and School now desire to amend the Contract to provide for the
tenns and conditions set forth hereinbelow.
NOW, THEREFORE, in consideration of the mutual benefits to be derived there from
and of the respective mutual covenants and agreements hereinafter set forth, the parties hereto
agree to amend the charter school Contract in its entirety as follows:
School Concept
The mission of the School is to provide the residents of the City of Aventura 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 nine hundred students, grades
kindergarten through eight.
This School will:
(a) provide students with a challenging, personalized learning experience that ensures
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 athletic activities, life skills and technology. The
School will have as its core philosophy the belief that all children can develop as intellectual
leamers, function as good citizens, learn as individuals in our society and develop as actual or
potential workers in our community. Students can be academically successful with all subjects,
contributing to their intellectual development. The School values the traditional classroom
teacher and the role the family plays in impacting students, and places strong emphasis on the
value of new information and technologies to enhance the development of the individual
strengths of each student. The School places emphasis on identifying students' learning styles
and developing strategies that enable students to succeed. The synergy of the low staff-pupil
ratio, the goal-oriented curriculum, and the preparation and teaching experience of the selected
staff will provide a high level of consistency between the mission and the educational program.
(b) include all of the information required to service Limited English Proficient (LEP)
students e.g., language proficiency assessment data, level of language proficiency, home
language instruction, and LEP Committee information; as currently documented in the
Sponsor's Plan for Limited English Proficient Students. Additionally, it will include all of the
information required for Exceptional Student Education (ESE) students.
(c) establish a new form of accountability for schools 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 shareholding group be actively
involved in all phases of learning.
(d) establish the current incoming baseline standard of student academic achievement,
the outcomes to be achieved, and the method of measurement that will be used. Part II , Section
(2) of this contract includes a detailed description of how the baseline student academic
2
achievement levels and prior rates of academic progress will be established, how these baseline
rates win be compared to rates of academic progress achieved by these same students while
attending the charter school, and how these rates of progress will addressed if found to be
deficient when compared to the rates of progress of other closely comparable student
populations as delineated in the District's annual Review of Charter Schools report.
(e) utilize appropriate instruments, with documented validity and reliability, to measure
and monitor growth of students and teachers; and, as appropriate, collaborate with outside
professionals to develop and select these alternative evaluative instruments,
Pursuant to § 1 002.33(9), Fla,Stat.(2003), a charter school shall:
be non-sectarian in its programs, admissions policies, employment practices,
and operations;
admit students as provided in subsection (10) and (15);
be accountable to its sponsor for performances as provided in subsection (7);
not charge tuition or fees, except those fees normally charged by other
public schools;
meet all applicable federal, state, and local health, safety, and civil rights
requirements;
not violate the anti-discrimination provisions of §IOOO.05, Fla.Stat.(2003);
be subject to an annual financial audit in a manner similar to that of a school
district and in accordance to §218.39, Fla.stat.(2003); and
the governing board of the charter school shall annually adopt and maintain
an operating budget.
It is the intent of the parties that this Contract shall constitute the School's Charter. The
application approved by the School Board on December 12, 2001, as amended by the
3
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November 2003 submittal of the City of Aventura adding the middle school component, is
attached hereto as Appendix A.
PART I. GENERAL PROVISIONS
A.TERM
(1) This Contract shall become effective as of the date first above written upon signing
by both parties, and the term shall cover fifteen years commencing on the first day of the 2003-
2004 school year, and ending on June 30, 2018.
(2) The timetable for implementation of this Contract is contained in Appendix B.
(3) This Contract may be renewed for up to an additional 15 years by mutual agreement
of the parties and upon the terms and conditions established by §1O02.33, Fla.stat.(2003), for
such renewal.
(4) This Contract may be modified during its initial term or any renewal term upon the
approval of both parties, and such modifications shall be in writing and executed by the parties.
Contract amendment requests shall be submitted for consideration once per school year no later
than December 1 unless the health, safety, or welfare of the students is threatened.
(5) Pursuant to the requirements of Part LA. (6) through (9), the term of the Contract
may be cancelled by the Sponsor if the School has not complied with the various provisions of
the Contract, the School has breached a term or condition on the Contract, or the School has
been issued a notice of default in accordance with § 1 002.33, Fla.Stat,(2003), Charter Schools.
(6) At the end ofthe term Dfthe Contract, the SpDnsor may choose not to renew the
Contract for any of the following grounds:
(a) failure to participate in the state's education accountability system created in
§ 1 008.31 ,Fla.Stat,(2003) as required in this section, or failure to meet the
requirements for student performance stated in the charter;
4
(b) failure to meet generally accepted standards of fiscal management;
(c) violation oflaw; and/or
(d) other good cause shown.
(7)
During the term of the Contract, the Sponsor may terminate the Contract for any
of the grounds listed in paragraph (6) (a) - (d). For purposes of this Contract, the term "good
cause," as used in paragraph (6) (d) shall mean the following: A School's failure to comply
with the terms and conditions of the contract after being notified in writing of its non-
compliance; and continuing failure by the School to cure its non-compliance with the terms and
conditions of the contract after the Sponsor has complied with the provisions of § I 002.33(8)( c),
Fla.Stat,(2003), Charter Schools including being issued the requisite notice and provided the
opportunity for an informal hearing before the Sponsor in accordance with the provisions of
§1002.33(8), Fla.Stat.(2003), Charter Schools.
(8)
At least 90 days prior to renewing or terminating a Contract, the Sponsor, its
agents or representatives, shall notify the governing body 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 shall conduct the informal
hearing within 30 calendar days after receiving a written request. The School's governing body
may, within 14 calendar days after receiving the Sponsor's decision to terminate or refusal to
renew the Contract, appeal the decision pursuant to the procedure in §1002.33(8)(c),
Fla,Stat.(2003).
(9) This Contract may be terminated immediately if the Sponsor determines that good
cause has been shown or if the health, safety, or welfare of the students is threatened. The
Sponsor shall assume the operation of the School under these circumstances. The School agrees
5
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to submit to the Sponsor all-reasonable records related to the School without undue delay. The
Sponsor must provide the basis for termination in writing detailing the basis for this and such
findings should be made concurrently with termination. The School's governing board may,
within 14 days after receiving the sponsor's decision to terminate the charter, appeal the
decision pursuant to the procedure established in § 1 002.33(8)( d), Fla.Stat.(2003).
(10) In case of termination of the Contract, any property, improvements, furnishings,
and equipment purchased directly by the School with Public Funds, as hereinafter defined,
shall automatically revert to the Sponsor (subject to any lawful liens and encumbrances). If the
School's accounting records fail to clearly establish whether a particular asset was purchased
with Public Funds, as hereinafter defined, or non-public funds, then it shall be presumed Public
Funds were utilized and ownership of the asset shall automatically revert to the Sponsor
(subject to any lawful liens and encumbrances). Public Funds shall be defined as grants and
funds provided for the Charter School by the Sponsor, the State, or the Federal Government
(e.g., FEFP), but specifically excluding funds of the City of A ventura, a governmental entity.
Property and assets purchased by the City or an educational management organization in
conjunction with operating the School shall not be deemed purchased with Public Funds.
(II) In case of tennination 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 school, the management company-if applicable - and/or third party,
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 and the governing body.
B. FORUM FOR CONFLICT
(I) Jf a conflict arises out of the terms, construction, or rights of obligation contained in
this agreement, the Sponsor or the School may either commence the Dispute Resolution
6
Procedure contemplated within Appendix C or commence action in accordance with the
guidelines stipulated in § 1002.33(6)( h), Fla.Stat.(2003).
(2) All conflicts between the School and the parents/legal guardians of the students
enrolled at the School shall be handled by the School. 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.
C. STATUTORY REQUIREMENTS
(1) The School shall operate in accordance with its Charter and shall be exempt from all
statutes in chapters 1000-1013 of the Florida SchDol Code, with the exception of the following:
(a) Those statutes specifically applying to charter schools, including §1002.33,
Fla.Stat.(2003).
(b) Those statutes pertaining to the student assessment program and school grading
system.
(c) Those statutes pertaining to the provision of services to students with disabilities.
(d) Those statutes pertaining to civil rights, including §1O00.05, Fla.Stat.(2003),
relating to discrimination.
(e) Those statutes pertaining to student health, safety, and welfare.
(2) Additionally, the School shall be in compliance with:
(a) Section 286.011, Fla.Stat.(2003), relating to public meetings and records, public
inspection, and criminal and civil penalties.
(b) Chapter 119, relating to public records.
(4) 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
7
required by federal and state laws, State Board of Education Administrative rules, and School
Board rules.
D. ANNUAL REPORT
(1)
The School shall make annual progress reports to its Sponsor by August 20th,
which, shall be forwarded to the Commissioner of Education. The report shall contain at least
the following:
(a) student achievement performance data and student achievement information that
links baseline student data to the School's performance projections. The School
shall also identify reasons for any differences between the projected and actual
student performance;
(b) information required in the annual school report and the education
accountability system governed by ss. 1008.31 and §1008.345, Fla.Stat,(2003);
(c) financial status of the School which must include revenues and expenditures at a
level of detail that allows for analysis of the ability to meet financial obligations
and timely repayment of debt;
(d) documentation of the facilities in current use and any planned facilities for use
by the School for instruction of students, administrative functions, or investment
purposes; and
(e) descriptive information about the School's personnel, including 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.
(2) The School agrees to do an annual cost accounting and provide such information to
the Sponsor by August 1 each year.
8
(3) The School will provide the Sponsor, by the 3rd Monday in September of each year,
a School Improvement Plan adhering to the guidelines provided by Miami-Dade County Public
Schools' Office of Educational Planning and Quality Enhancement. The School Improvement
Plan will contain the measurable objectives that will be pursued by the School during the
subsequent school year.
E. LENGTH OF SCHOOL YEAR
The School shall provide instruction for at least 180 days for each school year and will
generally follow the academic calendar developed by the Sponsor. At a minimum, the School
must commence and end its school year on the same days as the Sponsor. The School may
choose to provide a Summer school program utilizing the Supplemental Academic Instruction
(SAJ) funds provided by the State for such purposes.
PART II. ACADEMIC ACCOUNTABILITY
(1) The School agrees to implement its educational and related programs as specified in
the School's approved application (Appendix A), setting forth the School's curriculum, the
instructional methods, any distinctive instructional techniques to be used, and the identification
and acquisition of appropriate technologies needed to improve educational and administrative
performance which include a means for promoting safe, ethical, and appropriate uses of
technology which comply with legal and professional standards. The school ensures that
reading is a primary focus of the curriculum and that resources are provided to identify and
provide specialized instruction for students who are reading below grade level. Further, the
curriculum and instructional strategies for reading are consistent with the Sunshine State
Standards and are grounded in scientifically based reading research. The updates, revisions,
and/or changes to the curriculum programs described in the application approved by the School
Board on December 12, 2001, reflecting the addition of the middle school component have
9
been included in Appendix A. The Sponsor's District Plan for Limited English Proficient
Students is included in Appendix D.
(2)
During the first year of the Contract, the School agrees to implement the current
baseline standard of achievement, the outcomes to be achieved, and the methods of
measurement that have been mutually agreed upon and identified in the School's approved
application and referenced in Appendix A.
In subsequent years, the School agrees to the baseline standard of achievement, the
outcomes to be achieved, and the methods of measurement that have been mutually agreed
upon in the School Improvement Plan submitted to the SpDnsor. This Contract may be
tenninated by the Sponsor if insufficient progress has been made towards the goals and
outcomes designated in the School Improvement Plan or the School receives a state designated
grade of "F" in two of any four years.
(3)
In addition to evaluating the School's success in achieving the objectives stated
in either the application or the School Jmprovement Plan, all charter schools will be held
accountable for meeting the state's student perfonnance requirements as delineated in State
Board of Education Administrative Rule 6A-1.09981, Implementation of Florida's System of
School Improvement and Accountability. Specific Authority §1001.02, §1008.33, and
§ 1008.345, Fla'stat.(2003).
(4)
The methods used to identify the educational strengths and needs of students and
the educational goals and perfonnance standards are set forth in the School's approved
application. This accountability criterion shall be based upon the assessment systems of the
School, the Sponsor and the State.
(5)
In accordance with state law and the Sponsor's rule, students at the School will
participate in all state assessment programs and in all district assessment programs in which the
10
district students in comparable grades/schools participate. All school personnel involved with
any aspect of the testing process must have knowledge of and abide by state and district
policies, procedures, and standards regarding test administration, test security, test audits, and
reporting of test results. To facilitate this participation, the Sponsor will provide for applicable
School staff all services/support activities that are routinely provided to the 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 ESE student's IEP indicates an alternate
assessment, in lieu of full/partial participation in a state assessment, the School will facilitate
the alternate assessment and comply with state reporting procedures.
(6)
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.
(7)
The School agrees to allow the Sponsor reasonable access to its facilities and
records to review data sources, including collection and recording procedures, in order to assist
the Sponsor in making a valid detennination about the degree to which student perfonnance
requirements have been met as stated in the Contract, and required by §1002.33(24),
Fla.Stat.(2003) .
(8)
Legislation regarding charter school implementation requires the Sponsor to
provide to the State Board of Education and the Commissioner of Education an analysis and
comparison of the overall perfonnance of the School's students. The parties agree that the
Sponsor will utilize results from the state and district required assessment programs referenced
in this Contract and the data elements to be included in the annual report which the School is
required to submit pursuant to § 1002.33(24), Fla.Stat.(2003).
II
(9)
The Sponsor shall ensure that the School's program is consistent with the state
education goals established by § I 000.03(5), Fla.Stat.(2003).
(10)
Jn secondary charter schools serving grades nine through twelve, the School will
establish a method for determining that a student has satisfied the requirements for graduation
in § 1003.43, Fla.Stat.(2003).
(II)
The School will use records and grade procedures that adequately provide the
information required by the Sponsor. This may be an alternative grading and recording system.
The School's grading and recording system must be in accordance with the State's reporting
guidelines and be approved by the Sponsor.
(12)
The School shall follow the Sponsor's Elementary School Academic Programs
Course Codes and/or Miami-Dade County Public Schools Authorized Courses for Secondary
Schools as appropriate.
(13)
The School will maintain both active and archival records for current/former
students in accordance with Florida Statutes.
(14)
All permanent cumulative records (Both Category A, Permanent Jnformation
and Category B, Temporary Information) of students leaving the School, whether by transfer to
a traditional public school within the school system, or withdrawal to attend another charter
school, shall be transferred upon receipt of an official request trom a receiving Miami-Dade
County public school or a charter school sponsored by The School Board of Miami-Dade
County, Florida. The School may retain copies of the departing student's academic records
created during the student's attendance at the School.
(15)
Upon termination of a student's enrollment at the School, all permanent
cumulative records (Both Category A, Permanent Information, and Category B, Temporary
Information) of students leaving the School, but not transferring to a Miami-Dade County
12
public school or a charter school sponsored by The School Board of Miami-Dade County,
Florida, shall be sent via school mail to the Department of Records and Fonns Management.
The School may retain copies ofthe departing student's academic grades and attendance during
the student's enrollment at the School.
(16)
The School shall transmit to the Sponsor's Department of Records and Fonns
Management, a listing of the types of Category A and B educational records pursuant to Rule
6A-1.0955, School Board of Education Rules, and the procedures !Tom the Division of Student
Services as stipulated in the Student Educational Records manual. This report shall be
transmitted each year prior to July 1st.
(17)
Exceptional education students shall be provided with programs implemented in
accordance with federal, state and local policies and procedures; and, specifically, the
Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act of
1973, §1000.05, §1O03.57, §1001.42 (4)(1), and §1002.33, Fla.Stat.(2003), and Chapter 6A-6 of
the State Board of Education Administrative Rule. The School will be responsible for the
delivery of all educational and related services indicated on the student's Jndividual Education
Plan (JEP). Related services e.g., speech/language therapy, occupational therapy, physical
therapy, and counseling; must be provided by the School staff or paid for through contract. The
Sponsor will have the responsibility of conducting the evaluation of students referred for
potential Exceptional Student Education (ESE) placement and for the re-evaluation of ESE
students in accordance with federal and state mandates. The School may obtain independent
evaluations of students at their expense. These evaluations may be considered in detennining
eligibility but will not necessarily substitute for an evaluation conducted by district personnel in
a manner and timeframe consistent with that of all other schools in the district. If it is
detennined by an JEP committee that the needs of a student with disabilities cannot be met at
13
._,-------_.'
the School, the Sponsor will take steps to secure another placement for the student in
accordance with federal and state mandates. The Sponsor will participate in all IEP meetings
(including initial staffing and annual IEP review meetings) at the School and will serve as the
Local Educational Agency (LEA) Representative. The LEA Representative will be responsible
for the completion of the Matrix of Services form following the completion or revision of an
IEP.
Students with disabilities will be educated in an inclusionary, least restrictive
environment as outlined in Appendix E, Special Programs and Procedures for Exceptional
Students. It is the professional responsibility of educators to place students in an environment
where they can best flourish. Those students, whose needs cannot be adequately addressed at
the School as determined by an IEP committee, will be appropriately referred; and 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 school district staff to discuss the services needed by the
School's students with disabilities.
In the event there is a Due Process Hearing in accordance with Section 615 of the
Individuals with Disabilities Education Act involving the provision of education and related
services to a student with disabilities at the School, the School shall bear all the costs of the
hearing, including legal representation. In the event that the party representing the parents or
guardians is prevailing, any and all attorneys fees awarded to prevailing party will be paid by
the School.
(18)
Under the Medicaid Certified School Match Program, the School may be
eligible to seek reimbursement for certain services provided to Medicaid-eligible students who
quality for services under IDEA, Part B or C. In order to seek reimbursements, the School
14
agrees to follow the procedures established for Medicaid-reimbursable services to eligible
students at the School as outlined in Appendix F, attached and incorporated into this Contract
by reference.
(19) Students at the School who are oflimited proficiency in English will be served by
English for Speakers of Other Languages (ESOL)-certified personnel who will follow the
Sponsor's District Plan for Limited English Proficient Students. 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 part of Appendix D,
(20)
The School will adopt the Sponsor's "Student Progression Plan" (SPP), which is
attached as Appendix G, with no exceptions.
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 dispute.
The Student Progression Plan is a document that is revised yearly; therefore the School
agrees to implement the Student Progression Plan 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 wish. Any failure
to agree on exemptions shall not be considered a dispute.
(21)
The School will adopt the Sponsor's "Procedures for Promoting and
Maintaining a Safe Learning Environment," which is attached as Appendix H. Notwithstanding
the above acceptance of the Sponsor's "Procedures for Promoting and Maintaining a Safe
Learning Environment," the School and the Sponsor may agree to any reasonable exemptions
from the "Procedures for Promoting and Maintaining a Safe Learning Environment" the School
may request. Any failure to agree on exemptions shall not be considered a dispute.
15
, ----".~'--T--"-"-------" "-.
(22)
The
School
agrees
to
seek
and
thereafter,
maintain
applicable
certification/accreditation required for its educational program, if any, in order to ensure
transferability of courses completed by the students at the School.
PART III. STUDENTS
A. DEFINITION OF STUDENTS
(I)
The parties agree that the grade levels and student enrollment at the School will
be approved based on the school district overcrowding needs, as determined by the Sponsor's
policies. Additionally, the School shall be open to any student residing in Miami-Dade County.
(2)
The School will provide a unique academic environment for approximately 900
culturally diverse students, ages 5-14 in Kindergarten through 8th grade. As a charter school-in
the-municipality, the School will limit the enrollment process to target the children of residents
of the City of Aventura according to Florida State Statute. However, ACES will not
discriminate on the basis of race, religion, national or ethnic origin, or exceptionality in the
admission of students, in accordance with federal and state anti-discrimination laws. Following
is the student enrollment breakdown by year:
Year 1: 2003-2004 - Grades K- 5 - up to 600 students
Year 2: 2004-2005 - Grades K- 5 - up to 600 students
Year 3: 2005-2006 - Grades K- 8 - up to 900 students
Year 4: 2006-2007 - Grades K- 8 - up to 900 students
Year 5: 2007-2008 - Grades K- 8 - up to 900 students
Year 6-15: 2008-2018 - Grades K- 8 - up to 900 students
The aforementioned enrollment capacity will be contingent on the student capacity as
stated on the valid certificate of occupancy for the school facility issued by the local
governmental agency in whose jurisdiction the facility is located.
16
In order to minimize the negative impact to district schools that are underenrolled and
located in the School's targeted enrollment area; the parties agree to limit the enrollment from
such schools as follows:
Percentage of utilization of Maximum overall number of students
permanent and relocatable program to be admitted by charter school from
capacity of students' home school underenrolled school
99% to 90% Up to 50 students
89% to 80% Up to 40 students
79% to 70 % Up to 30 students
69% to 60 % Up to 20 students
Below 60 % Up to 10 students
(3) The parties agree that the School shall achieve a racial/ethnic balance reflective of
the community it serves or within the racial/ethnic range of other public schools in the school
district. The School shall ensure that its admissions policies shall be nonsectarian.
B. ENROLLMENT PROCESS
(1) The School will admit students of any race, color national and ethnic origin, religion
or gender. The School agrees that it will implement the strategies contained in Appendix A to
achieve a diverse student population reflective of the community it serves. As permitted by
§ I 002.33(15), Fla.Stat. (2003), preference will be given to children of A ventura residents. If
the number of Aventura residents' children exceeds the capacity of the program, class, grade
level, or building, these applicants shall have an equal chance of being submitted through a
random selection process. The random selection process will reflect the diversity of the targeted
community. After all Aventura applicants have been offered seats, non-A ventura applicants
will be enrolled, as permitted by § 1 002.33(1 0), Fla.stat. (2003). If the number of non-A ventura
applications exceeds the remaining capacity of the program, class, grade level, or building,
non-A ventura applicants shall have an equal chance of being admitted through a random
17
selection process. The random selection process will reflect the diversity of the targeted
community. 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)
The School shall give enrollment preference to the students of the residents of
the City of A ventura who are seeking enrollment, a sibling of a student enrolled in the School,
or to the child of an employee of the School.
(3)
Infonnational meetings will be held to infonn interested parents/guardians of the
mission of the School, the registration process, and required contractual obligations. The
School will provide this infonnation to parents/guardians in English as well as in other
languages (e.g., Spanish and Haitian Creole).
(4)
Students residing in neighboring counties would be eligible to attend the School
under the inter-district agreement provisions provided for in the Florida Charter School
Legislation or as currently allowed between Miami-Dade and neighboring counties' School
Boards.
(5)
The capacity of the School shall be detennined annually by the governing board,
in conjunction with the Sponsor, in consideration of the factors contained in § 1002.33(1O)(h),
Fla.Stat.(2003). At no time shall the School's enrollment exceed the maximum capacity
established by the School site's Certificate of Occupancy.
c. 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 this Contract, or through existing administrative procedures in the Sponsor's Board
Rules.
D. DISCIPLINE
18
(I)
The School agrees to maintain a safe learning environment at all times. In order
to provide criteria for addressing discipline issues that will ensure the health, safety and welfare
of all students attending the School, the School will adopt and follow the Sponsor's Code of
Student Conduct, which is attached as Appendix I. Students who attend the School and their
parents/guardians will enter into contracts with the School. Such contracts will detail the
responsibilities staff members, students, and parents/guardians are expected to fulfill. If
parents/guardians or students do not meet these obligations, it will be recommended that the
student attend another school. If necessary, the School will pursue the withdrawal or transfer
through administrative procedures established under Sponsor's Board Policy, but administered
by School personnel. For compliance with ESE student discipline procedures refer to
Procedures for Promoting and Maintaining a Safe Learning Environment, which is attached as
Appendix H.
(2)
Notwithstanding the above acceptance of the Sponsor's Code of Student
Conduct, the School and the Sponsor may agree to other reasonable exemptions from the Code.
Any failure to agree on exemptions shall not be considered a dispute.
(3)
The School agrees that it will not engage in the corporal punishment of its
students.
E. EXTRACURRICULAR ACTIVITIES
The School's students may participate in extracurricular activities in accordance with
the provisions in § 1002.33(11), Fla.Stat.(2003).
19
PART IV. FINANCIAL ACCOUNTABILITY
A. ADMINISTRATIVE MANAGEMENT
(I)
The School's financial activities and reporting of same will be subject to the
Florida Department of Education (FDOE), Technical Assistance Notes (TAN), 99-09, 2000-05,
and 2001-15, incorporated into this Contract as Appendix J, as well as any subsequently issued
directives by the state.
(2)
The School agrees to provide reasonable proof of the ability to fund the initial
startup and the on-going operation of the School, but in no event shall the School be required to
prove the ability to fund more than two (2) months of expenditures based on the yearly
operating budget.
(3)
The governing board of the School shall provide to the Sponsor by August 20th
of each year an updated annual budget for review. This budget shall include projected sources
of revenue, both public and private, and planned expenditures covering the entire school year.
(4)
The Sponsor shall calculate and submit twelve (12) monthly payments to the
School. The first payment will be made by July 31. Subsequent payments will be made by the
15th of each month beginning with August 15th. In order to provide educational materials for
students when classes begin, the first payment shall include 75% of the full annual allocation of
instructional materials based on prior year membership, or on enrollment as of June 30th, in the
case of a new school. The first payment of every subsequent year shall be adjusted by any final
amounts due the Sponsor for services provided the School during the previous year as well as
for administrative oversight. Late payments are subject to interest at the rate of 1 % per month
calculated on a daily basis until paid. The Sponsor will cooperate and assist the School, as
required by Florida Statutes, to obtain capital outlay funding for which the School is eligible.
Procedures for submitting and approving requests for funding under §1013.62, Fla.Stat.(2003),
20
Charter Schools Capital Outlay Funding are hereby incorporated into this Contract as Appendix
K. Monthly payments shall not be paid for students in excess of the facility's valid capacity.
(5)
Rather than the 5% maximum authorized by law, the Sponsor shall withhold 2%
from the available funds as defined in §1002.33(20)(a) Fla. Stat. (2003), not including capital
outlay funds, federal and state grants, or any other funds unless explicitly provided by law for
certain administrative costs and educational services. The 2% administrative fee will apply to
the total number of enrolled students. Notwithstanding this reduction, the Sponsor shall provide
the administrative services required by § JO02.33(20)(a) Fla. Stat. (2003), at no additional cost
to the School. This reduction to 2% is contingent upon the School satisfying all of the
following conditions:
(a) The location of the School has been approved by the Sponsor.
(b) The facilities will be newly constructed or renovated, and not third party leases,
and shall comply with all requirements identified in PART IV. FINANCJAL
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 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 provisions of subsection (e) below. The
middle school addition will be financed from the City's General Fund reserves.
(e) In the event that the school is tenninated or the City of Aventura defaults on
debt issued to finance the site or facility, the Sponsor shall have first right of
refusal to assume possession of the property in return for assuming the
21
outstanding liability. The right of the Sponsor must be written into any bond
indenture covering the financing of the site or facility. If the Sponsor exercises
the right to assume ownership, it agrees to reimburse the City of A ventura
annually for its required principal and interest payments, until such time as the
related debt may be fully paid or refinanced by the Sponsor with no prepayment
penalty. Upon full payment of the related debt, the City of Aventura shall
transfer title of both the site and facility to the Sponsor along with any
easements necessary to have access and use of the School, free and clear of all
encumbrances except those acceptable to the Sponsor.
(f) Access by the School tD services not required in, but available through the
Sponsor, may be negotiated separately by the parties.
(6)
The School shall utilize the standard state codification of accounts as contained
in the Financial and Program Cost Accounting and Reporting for Florida Schools (Red Book),
as a means of codifying all transactions pertaining to its operations. Federal, state and local
funds shall be maintained according to existing mandates and practices, i.e., separate funds and
bank accounts for federal, state, and local funds as required under applicable statutes.
(7)
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 Accepted Accounting Principles in a format, as
specified in (6) herein above, to include a detail of all revenue and expenditure activities
relating to its operations, and file the appropriate reports with the respective state and federal
agencies. Jn the event the School elects to follow generally accepted accounting standards for
not-for-profit organizations, it shall be reformatted for reporting purposes. Submission of the
22
quarterly financial statements shall be within 30 days of the end of each quarter. Failure to
timely submit quarterly financial reports shall constitute a material breach of this contract.
(8)
The School shall provide the Sponsor with annual financial reports as of June 30
of each year for inclusion in the Sponsor's 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. Additionally, the financial statements
must be presented in the new format as required by Governmental Accounting Standards Board
(GASB) Statement 34, applicable for state and local governments and their component units
which became effective for periods beginning after June 15, 2001, as well as, any other
applicable governmental accounting standards. The following timeline must be adhered to for
submitting the School's financial reports:
UNAUDITED STATEMENTS
AUDITED STATEMENTS
NO LATER THAN AUGUST lSTOF EACH YEAR
NO LATER THAN SEPTEMBER 20TH OF EACH YEAR
An annual financial audit, requested and paid for by the School, shall be performed by a
licensed Certified Public Accountant. The audit shall be performed in accordance with
Generally Accepted Auditing Standards; Government Auditing Standards, issued by the
Comptroller General of the United States; and the Rules of the Auditor General, State of
Florida, incorporated into this Contract as Appendix L, and in accordance with the
requirements specified in the Audit Completion/Checklist attached as Appendix M. The School
further agrees to provide the Sponsor with a copy of such audit and the corresponding
responses to the findings, which shall be bound together in one complete report. Jfthe School's
internal audit reveals a deficit financial position, the auditors are required to notify the School's
23
governing board, the Sponsor, and the Department of Education. The Internal auditor shall
report such findings in the fonn of an exit interview to the City Manager within 7 working days
after finding the deficit position. A final report shall be provided to the entire governing board,
the Sponsor and the Department of Education within 14 working days after the exit interview.
Funding for any subsequent year or Contract extension, if approved by the School Board, shall
be contingent upon the receipt and subsequent approval of the audit by the Sponsor and/or its
representatives, and such funding shall be adjusted as necessary to reflect audit results.
Additionally, failure of the School to comply with the timely submission of all financial
statements required by §1O02.33, Fla.Stat.(2003), in the required fonnat specified by the
Sponsor, will result in the Sponsor's withholding of subsequent payments to the School without
penalty of interest as described in Section IV.A.(4) of this contract until such time as the
statements are received. The Sponsor reserves the right to perfonn additional audits at its
expense as part of the Sponsor's financial monitoring responsibilities as it deems necessary.
Additionally, a cumulative listing of all property purchased with Public Funds as previously
defined in Part LA.(IO), i.e., FEFP, grant, and any other public-generated funds other than City
funds; and a cumulative listing of all property purchased with funds other than Public Funds as
previously defined in Part LA.(lO) will be submitted yearly along with the annual audited
financial statements. These lists will include: (1) date of purchase; (2) item purchased; (3) cost
of item; and (4) item location.
If the School has been granted tax-exempt status, the School will provide the Sponsor
with a copy of correspondence from the Internal Revenue Service (IRS) granting tax-exempt
status as a section 501(c)(3) organization. The School also will provide the Sponsor a copy of
its Fonn 990, Return of Organization Exempt from Jncome Tax, and all schedules and
attachments, within 15 days of filing with the IRS. If the IRS does not require Fonn 990 to be
24
filed, the School will provide the Sponsor with written confirmation from the IRS of such
nonrequirement. Notwithstanding anything set forth in this contract, the Sponsor does not
covenant to extend or pledge its tax-exempt authority in any way for the use and benefit of the
School.
(9)
The School will contract with a private agency to provide food service.
Responsibilities for providing food and related services, and meeting reporting requirements
will be assumed by the School.
(10)
Funding for student enrollment in the School shall be the sum of district
operating funds from the Florida Education Finance Program (FEFP), including gross state and
local funds, discretionary lottery funds, and discretionary operating millage funds divided by
total district funded weighted full-time equivalent (WFTE) students times the weighted full-
time equivalent students of the School. If eligible, the School shall also receive its
proportionate share of categorical program funds included in the Florida Education Finance
Program. The School shall provide the Sponsor with documentation that categorical funds
received by the School were expended for purposes for which the categoricals were established
by the Legislature.
(11)
The Sponsor may initially calculate monthly distributions to the School for up to
three (3) months based on the School's projected full-time equivalent student membership until
the results of the October FTE become available. Initial payments, prior to the opening of the
School, shall be based on the School's actual enrollment as of June 30th and will begin on July
31. July and August payments for schools in operation will be based on the prior year's
enrollment. 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%
25
of projected enrollment, the September and October monthly distributions shall be
proportionally reduced. Thereafter, the results of full-time equivalent student membership
surveys will be used in adjusting the amount of funds distributed monthly to the School.
(12)
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.
(13)
Total funding shall be recalculated during the school year to reflect actual
WFTE students reported by the School during the FTE student survey periods. Additionally,
funding for the School shall be adjusted during the year as follows:
I. In the event of a state holdback or a proration, which reduces district
funding, the School's funding will be reduced proportionately. The Sponsor
will not be responsible for any liabilities incurred by the School in the event
of a state holdback.
2. Jn the event that the district exceeds the state cap for WFTE for Group 2
programs established by the Legislature, resulting in unfounded WFTE for
the district, then the School's funding shall be reduced tD reflect its
proportional share of any unfunded WFTE.
(14)
The School shall not levy taxes or issue bonds secured by tax revenue except as
within the specific authority of the City of A ventura.
(15)
If the School is not renewed or is terminated, any Public (other than City of
Aventura) unencumbered Funds, as previously defined in Part 1.A(10), from the School shall
revert automatically to the Sponsor. In that event, all School property, improvements,
furnishings, and equipment purchased with Public Funds (other than City of Aventura) as
defined in Part 1. A (10) shall revert automatically to full ownership by the Sponsor (subject to
26
any lawful liens and encumbrances). If the School's accounting records fail to establish clearly
whether a particular asset was purchased with Public Funds (other than City of Aventura) or
non-public funds, it will be considered to have been purchased with Public Funds and
ownership of the asset will revert to the Sponsor (subject to any lawful liens and
encumbrances),
(16)
Jf the School is not renewed or is terminated, the School is responsible for its
debts.
(17)
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
Appendix N for a sample worksheet for calculating the School's revenues. The Sponsor shall
complete this worksheet the month following the actual FTE survey periods. The following
invoice will be prepared by the Sponsor based upon the original revenue worksheet divided by
the number of months in the school year until a revised worksheet schedule is completed.
To determine invoice amounts after a revised schedule is complete, the following steps
should be performed:
(A) Total Estimated Revenue as of
(B) Less 2% Administrative Overhead
(C) Less Payments to Date to Charter School
(D) Less Other (describe):
(E) Net Amount Due
(F) Number of Months Remaining
27
'--,------- --
(0) Amount this Payment
(18)
The administrative fee retained by the Sponsor pursuant to this Contract
includes, among other things, a fee for the processing of the application and the Contract and
for academic and financial monitoring required of the Sponsor by law.
(19)
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 perfonnances and
the School shall provide the same in a timely manner or within thirty days of receipt of said
requests.
(20)
The Sponsor reserves the right to require the School and the School agrees to
adhere to any additional financial requirements mandated by the Florida Department of
Education as it applies to charter schools.
(21)
Any Title J funds allocated to the School must be used tD supplement students
greatest instructional needs that have been identified by a comprehensive needs assessment of
the entire School and shall be spent in accordance with federal regulations. The School's
eligibility to receive Title I funds will be based on the percentage of students participating in
the Free and/or Reduced Price Lunch Program as detennined by an Economic Survey using a
predetennined cut-offlevel established by the Sponsor.
(22)
The per pupil allocation of Title I funds will correlate with the per pupil
allocation of the home school. The allocation of Title J Funds shall be made in accordance with
the Public Charter Extension Act of 1998 and all corresponding guidance and regulations.
(23)
Any equipment item purchased with Title J funds costing $750 or more, which is
classified as Capitalized Audio Visual, or Equipment remains the property of Title 1. This
property must be identified and labeled for Title I property audits.
28
(24)
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.
(25)
The district and region 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.
(26)
When the funding source requires that the SponsDr serve as the fiscal agent for a
grant, the School shall comply with the following procedures:
(a) prior to generating any paperwork to the funding agency, the School shall notifY
School Choice and Parental OptiDns in writing, of its intent to submit a grant
application (attach grant application guidelines);
(b) The School Choice and Parental Options will forward the written request, along
with the grant application guidelines, to Intergovernmental Affairs and Grants
Administration (IAGA);
(c) upon receipt of the written request, JAGA will prepare the grant application
procedures packet and timeline for the School; and
(d) IAGA will process all application documents requiring the Superintendent's
signature.
( e) in accordance with the established timeline, the School will submit the final
application and the appropriate copies to IAGA for transmittal to the funding
agency.
(27)
If the Sponsor develops a districtwide grant, the School may be included in the
district proposal, if mutually agreed to by the School and the Sponsor.
(28)
When grant proposals are developed by district staff using student or School
counts that include the students of the School, and the grant is awarded to the Sponsor, the pro
29
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.
(29)
The School shall not suggest or represent to third parties, including, but not
limited to, vendors, creditors, other business entities or their representatives, 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.
B. REPORTING OF STUDENTS
(1)
In order to facilitate the School's reporting requirements as reflected in the
legislation and in order to provide continuous data for students participating in the School, the
parties agree that the School will utilize the Sponsor's electronic data processing facility and
procedures for the processing of student enrollment, attendance, FTE collection, and
assessment information. The Sponsor will analyze the School's facility and develop a
hardware/software solution, which provides the School with limited access to the Sponsor's
data processing facility. The School will provide hardware and related inftastructure. There will
be no cost to the School for the related installation of 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 legislative requirements of
§ 1 008.345, Fla.Stat.(2003), including the annual report and the state/district 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 Section IV.A.(5) . Access by the School to
additional data processing applications not required in the legislation but available through the
Sponsor may be negotiated separately by the parties.
30
(3)
If the School submits data relevant to FIE 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 that the School is responsible.
(4) Access by the School to materials and forms not required in the legislation, but
available through the Sponsor may be negotiated separately by the parties.
C. FACILITIES
(1)
The School agrees to use facilities which comply with the Florida Building
Code, including chapter 423, and the Florida Fire Prevention Code, including reference
documents, applicable state laws and rules, and federal laws and rules.
(a) The School shall provide for the full cost of purchase and development of
the facility and site, including but not limited to, the design, plan reviews, inspections, and
construction. It is the responsibility of the School to provide the Sponsor with certification of
compliance with these requirements by providing a signed and sealed statement to the Sponsor
from the architect of record stating that:
"1 have designed and inspected the subject facility, and to the best of my knowledge and
ability have determined that: the project is in compliance with applicable federal laws and
rules, applicable state 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 containing
materials used in the construction of this project."
(b)
The School shall be responsible for maintaining the facility pursuant to
the requirements of Chapter 5 of the State Requirements for Educational Facilities (SREF) as
may be amended, revised, or replaced, the certificate of occupancy, and provisions of
applicable state and federal laws and rules concerning public schools, and with the Florida
31
---,--------- --
Building CDde, including Chapter 423, and the Florida Fire Prevention Code, including
reference documents, to protect the health and safety of the building occupants.
(2)
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
ten (10) days before the initial opening day of classes,
The School will be located at 3333 Northeast 188th Street, Aventura, Florida 33180.
(3)
(4)
The School shall comply with all applicable laws, ordinances, and codes of
federal, state, and local governance, including Individuals with Disabilities Education Act. It is
expressly agreed that the School shall obtain all necessary licenses, pennits, zoning, use
approval, facility certification, and other approvals required for use and cDntinued occupancy Df
the facility as required by the local government or other governmental agencies. Since charter
schools are fully recognized as public schools pursuant to §1002.33(l), Fla.Stat.(2003), the
Charter issued herein and the School's operation hereunder shall be subject to necessary local
government approvals including site plan approval pursuant to §1013.33, Fla.Stat.(2003).
Zoning or other land use development orders approving the School use, if issued by the local
government entity having jurisdiction over the area where the School property is located, shall
satisfy the review requirements of §1013.33, Fla.Stat.(2003). The School further agrees that it
shall be responsible for all cost for or associated with complying with local ordinances,
securing licenses, pennits, zoning, use approval, facility certification, and other approvals,
including but not limited to application fees, advertising costs, surveyor costs, plan review fees,
pennit costs and licensing costs, and any other additional charges or surcharges by the local
government or other governmental agencies. The School will show a Certificate of Occupancy,
and other certificates that are required by the applicable building and fire enforcement
authorities, as well as health and sanitation enforcement authorities and including all other
32
enforcement agencies having jurisdictiDn, before the initial opening day of classes. 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. If the School
fails to obtain all licenses, permits, use approval, facility certification, and any other approvals
as required by the local government or any other governmental bodies having jurisdiction ten
(10) working days prior to the initial opening day of classes, this Contract shall terminate with
no compensation due to the School, however, the application shall remain effective for the
following school year.
(5)
The School agrees not to affix any religious symbols, statues, artifacts, etc., Dn
or about the property and facilities where the School will operate.
(6)
The lease shall be for the term of the contract or in lieu thereof a lease and plan
to ensure a facility consistent with Section C, Facilities, items 1-5 above, for the duration of the
contract.
D. TRANSPORTATION
(1)
The School agrees to provide transportation to the School's students consistent
with the requirements of Part 1. E. of Chapter 1006, Florida Statutes. At the discretion of the
School's governing body, transportation will be provided through private providers who meet
all applicable State and Sponsor's safety and transportation standards with funds allocated to
eligible students. Transportation shall not be a barrier to equal access for all students residing
within a reasonable distance, not greater than four (4) miles, from the School as determined in
the School's transportation plan in the approved application. The School may choose to provide
transportation to students who live beyond four (4) miles from the School, at their discretion.
33
(2)
The School will provide the Sponsor the name of the private transpDrtation
provider and a copy of the signed transportation contract ten (10) working days prior to the
opening day of classes.
(3)
The rate of reimbursement will be equivalent to the reimbursement rate provided
by the state for all eligible transported students within the district.
E. INDEMNIFICATION
representatives.
(1)
The School, to the extent immunity may be waived pursuant to §768.28,
Fla.Stat.(2003), agrees to indemnifY, defend with competent counsel and hold the Sponsor, its
members, officers, and agents, harmless fÌom any and all claims, actions, costs, expenses,
damages, and liabilities, including reasonable 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
agreement; (b) disciplinary action or the tennination 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
agreement or violation of law; (e) any failure by the School to pay its suppliers or any
subcDntractors, or (f) personal injury, 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
professional liability as insured by the School Leaders Errors and Omissions Liability Policy
described in this Contract will continue in full force and effect notwithstanding the expiration
or early tennination of this agreement with respect to any claims based on facts or conditions
34
which occurred prior to termination. In no way shall the School Leader's Errors and Omissions
Liability Policy three (3) year limitation on post-tennination claims of professional liability
impair the Sponsor's claims to indemnification with respect to a claim for which the School is
insured or for which the School should have been insured under Commercial General Liability
Insurance. In addition, the School shall indemnify, defend and protect and hold the Sponsor
harmless against all claims and actions brought against the Sponsor by reason of any actual or
alleged infringement of patent or other proprietary rights in any material, process, machine or
appliance used by the School.
(2)
The Sponsor, to the extent immunity is waived pursuant to §768.28, Fla.Stat.,
agrees to indemnify, defend with competent counsel and hold the School, its members, officers,
employees, and agents, harmless from any and all claims, actions, costs, expenses, damages,
and liabilities, including reasonable attorney's fees, arising out of, connected with or resulting
from: (a) the negligence, intentional wrongful act, misconduct or culpability of the Sponsor's
employees, contractors, subcontractors, or other agents in connection with and arising out of
their services within the scope of this agreement; (b) the Sponsor's material breach of this
agreement or law; (c) any failure by the Sponsor to pay its suppliers, contractors, or any
subcontractors, or Cd) personal injury, property damage, or violations of civil rights that may
arise out of, or by reason of actions of the Sponsor and/or its employees, agents, and
representatives.
(3)
The School and the Sponsor shall notify each other of the existence of any third
party claim, demand or other action giving rise to a claim for indemnification under this
provision Ca "Third Party Claim") and shall give each other a reasonable opportunity to defend
the same at its own expense and with its own counsel, provided that the School or Sponsor shall
at all times have the right to participate in such defense at its own expense, If, within a
35
-,------------ ..---.--------
reasonable amount of time after receipt of notice of a Third Party Claim, the School or Sponsor
shall fail to undertake to so defend, the other party shall have the right, but not the obligation,
tD defend and to compromise or settle (exercising reasonable business judgment) the Third
Party Claim for the account and at their own risk and expense which they each agree to assume.
The School or the Sponsor shall make available to each other, at their own expense, such
infonnation and assistance as each shall request in connection with the defense of a Third Party
Claim.
(4)
The School's and Sponsor's indemnity obligations under this provision and
elsewhere in the Contract shall survive the expiration or tennination ofthis Contract.
F. INSURANCE
EVIDENCE OF INSURANCE
The School shall provide evidence of liability insurance in the following manner:
(1)
As evidence of compliance with the insurance required by this agreement, the
School shall furnish the Sponsor with fully completed certificate(s) of insurance signed by an
authorized representative of the insurer(s) providing the coverage before the initial opening day
of classes.
(2)
The evidence of insurance shall provide that the Sponsor be given no less than sixty
(60) days written notice prior to cancellation.
(3)
Until such time as the insurance is no longer required to be maintained by the School,
the School shall provide the Sponsor with evidence of the renewal or replacement of the insurance no
less than 30 days before the expiration or tennination of the required insurance for
which evidence was provided. Failure to comply with this section or to maintain the requisite
insurance coverage shall constitute a material breach of this contract.
36
REQUIREMENTS OF INSURANCE
Insurers providing the insurance required by the School by this agreement must meet
the following minimum requirements:
(I)
Be (I) authorized by subsisting certificates of authority by the Department of
Financial Services of the State of Florida, or (ll) an eligible surplus lines insurer under Florida
Statutes. Jn addition, the insurer must have a Best's Rating of "A" or better and a Financial Size
Category of "VJ" or better, according to the latest edition of Best's Key Rating Guide,
published by A.M. Best Company,
(2)
If, during this period when an insurer is providing the insurance as required by
this agreement, an insurer fails to comply with the foregoing minimum requirements, as soon as
the School has knowledge of any such failure, the School shall immediately notify the Sponsor
and promptly replace the insurance provided by the insurer with another insurer meeting the
requirements. Such replacement insurance coverage must be obtained within twenty (20) days
of cancellation or lapse of coverage.
Without limiting any of the other obligations or liabilities of the School, the School
shall, at the School's sole expense, procure, maintain and keep in force the amounts and types
of insurance confonning to the minimum requirements set forth in this agreement. Except as
otherwise specified in this agreement, the insurance shall commence prior to the
commencement of the opening of the School and shall be maintained in force, without
inteITUption, until this agreement is tenninated.
COMMERCIAL GENERAL LIABILITY INSURANCE
Except as otherwise provided, the Commercial General Liability Insurance provided by
the School shall confonn to the requirements hereinafter set forth:
37
--- "---, -----~-----
(I)
The School's insurance shall cover the School for those sources of liability
(including, but not by way of limitation, coverage for operations, Products/Completed
Operations, independent contractors, and liability contractually assumed) which would be
covered by the latest occurrence form edition of the standard Commercial General Liability
Coverage Form (ISO Form CG 00 01), as filed for use in the State of Florida by the Jnsurance
Services Office.
(2)
The minimum limits to be maintained by the School (inclusive of any amounts
provided by an umbrella or excess policy) shall be $1 million per occurrence/$3 million annual
aggregate.
(3)
Except with respect to coverage for Property Damage Liability, the Commercial
General Liability coverage shall apply on a first dollar basis without application of any
deductible or self-insured retention. The coverage for Property Damage Liability may be
subject to a maximum deductible of$I,OOO per occurrence.
(4)
The School shall include the Sponsor and its members, officers, and employees
as Additional Insured on the required Commercial General Liability Jnsurance. 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 to reflect "The Sponsor, its members, officers, employees,
and agents as Additional Insured."
AUTOMOBILE LIABILITY INSURANCE
The Automobile Liability Jnsurance provided by the SChDOI shall conform to the
following requirements:
38
(1)
The School's insurance shall cover the School for those sources of liability
which would be covered by Section II of the latest occurrence edition of the standard Business
Auto Policy (JSO Form CA 00 01), including coverage for liability contractually assumed, as
filed for use in the State of Florida by the Jnsurance Services Office.
(2)
Coverage shall be included on all owned, non-owned, and hired autos used in
connection with this agreement.
(3)
The minimum limits to be maintained by the School (inclusive of any amounts
provided by an umbrella or excess policy) shall be $1 million per occurrence, and if subject to
an annual aggregate, $3 million annual aggregate.
WORKERS' COMPENSATIONIEMPLOYERS' LIABILITY INSURANCE
The Workers' Compensation/Employers' Liability Jnsurance provided by the School
shall conform to the following requirements:
(I)
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 Federal Employers' Liability Act and any
other applicable federal or state law.
(2)
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
standard Workers' Compensation Policy. The minimum amount of coverage for those
coverage's customarily insured under Part Two of the standard Workers' Compensation Policy
39
shall be: EL Each Accident: $500,000; EL Disease-Policy Limit: $500,000; EL Disease-Each
Employee: $500,000.
SCHOOL LEADER'S ERRORS AND OMISSIONS LIABILITY INSURANCE
The School shall provide, subject to reasonable commercial availability, the School
Leader's Errors and Omissions Liability Insurance confonning to the following requirements:
(I)
The School Leader's Errors and Omissions Liability Insurance shall be on a
fonn acceptable to the Sponsor and shall cover the School for those sources of liability
typically insured by School Leader's Errors and Omissions Liability Insurance such as School
Leader's Errors and Omissions Liability Insurance policies offered by The National Union Fire
Jnsurance Company of Pennsylvania, arising out of the rendering or failure to render
professional services in the perfonnance of this agreement, including all provisions of
indemnification, which is part ofthis agreement.
(2)
The insurance shall be subject to a maximum deductible not to exceed $25,000 per
claim,
(3)
If on a claims-made basis, the School shall maintain, without interruption, the
Professional Liability Insurance until three (3) years after tennination of this agreement.
(4)
The minimum limits to be maintained by the School inclusive of any amounts provided
by an umbrella or excess policy, shall be $1 million per claim/annual aggregate.
PROPERTY INSURANCE
The School will provide property insurance for the full replacement value of the school
facility and all contents. The School will provide evidence to the Sponsor of appropriate
insurance policies.
APPLICABLE TO ALL COVERAGES
The insurance provided by the School shall apply on a primary basis and any other
insurance or self-insurance maintained by the Sponsor or its members, officers, employees or
40
agents, shall be in excess of the insurance provided by or Dn 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 agreement 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 the insurance shall be in
addition to and not in lieu of any other remedy available under the agreement or otherwise. 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 agreement does not
establish minimum insurance requirements for subcontractors or sub-subcontractors.
Neither approval by the Sponsor nor failure to disapprove the insurance furnished by
the School shall relieve the School of the School's full responsibility to provide the insurance
as required by this agreement. The School shall be in default of this agreement for failure to
maintain such insurance as required by this agreement.
PART V. GOVERNANCE STRUCTURE
(I)
The seven member, duly elected representatives of the City of Aventura
Commission, will serve as the School's Board of Directors (Board).
(2)
The primary responsibility of the Board is to lead in the identification and
development of broad goals and specific objectives to be accomplished by the School. The
Board supports these goals and objectives by annually adopting an operating budget.
(3)
According to statute the Board will make or direct the submission of an annual
progress report to the Sponsor.
(4)
The Board shall oversee the City Manager who will be responsible for
supervising the tenus of the Contract and the day-to-day operations of the School. The City's
41
agreement with the education management company shall ensure that all the provisions herein
and in the application attached hereto as Appendix A shall be enforced.
(5)
The School will be held accountable to its students, parents/guardians, and the
community at large, through a continuous cycle of planning, evaluation, and reporting set forth
in Florida's Charter School Legislation.
(6)
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 an annual budget.
(7)
The School's governing body shall be fingerprinted by the school district prior
to the approval of the School's Contract. Board members appointed to the governing body after
the approval of the School's Contract must be fingerprinted within 30 days of their
appointment. The cost of fingerprinting shall be borne by the School or the governing body
member. The School agrees to dismiss governing body members whose fingerprint checks
results reveal noncompliance with standards of good moral character.
(8)
The Principal shall be an employee of the City and shall be directly supervised
by the City Manager under the guidance of the education management company. The City may
employ other key personnel of the School who shall be directly supervised by the Principal.
The teachers, support, and contractual staff will be directly supervised by the Principal or the
education management company, as applicable.
(9)
A School Advisory Board (SAB) will be established to facilitate achievement of
the mission of the School, and to ensure that the School meets the needs of the children and
community it is developed to serve
42
(10)
The Board is responsible to all of the people for whose benefit the School has
been established. The Board's primary responsibility is to insure the best educational outcome
by the students attending the School. The Board, through its City Manager, will employ
qualified, professional staff, contract with qualified entities for administrative, management
and/or educational services, and/or select a reliable and proven educational management
organization to implement those programs and procedures which will produce the best
educational achievement. The powers and duties of the Board will be as conferred and
prescribed by law.
(11)
As indicated above, the School will be responsible for administrative school
functions, such as bookkeeping, pursuant to the rules and policies that are developed by the
City Manager.
(12)
No member of the School's Board of Directors will receive compensation,
directly or indirectly from the School's operations. Violation of this provision shall constitute a
material breach ofthe contract.
(13)
The School's parents/guardians will contractually agree to be responsible for
their children's attendance (per applicable rules and regulations), classroom participation, and
behavior. Attached, as Appendix 0 is the School's Parental Contract. To insure that
parents/guardians will have a strong voice in the governance of the School, the following
policies will be observed:
board meetings will be open to the public in accordance with §286.011,
Fla.Stat.(2003), and parents/guardians shall be notified in a timely manner and
encouraged to attend. Notification will also be available in languages other than
English e.g., Spanish, and Haitian-Creole; and
43
~-"'- ---r-~------. ,--~-~---
periodic academic progress meetings will be held with parents/guardians as a
way to provide "open discussion" and two-way feedback on student and
program progress.
(14)
The School will comply with §119.011(1), Fla.Stat.(2003), relating to public
records in that all the financial and membership records shall be public recDrds and subject to
the provisions of § 119.07, Fla.Stat.(2003).
(15)
The School's governing body or its representative pursuant to Resolution No.
2003-45 and the Municipal Charter of the City of Aventura, will provide to the Sponsor on an
annual basis, by September 1 st, a schedule of all governing body meetings for the SChDOI year,
including the date and time of the meetings and the locations. The School will be responsible
for notifying the Sponsor of any changes to this schedule at least two (2) days prior to the
meeting.
(16)
The School agrees to allow reasonable access to its facilities and records to duly
authorized representatives of the Sponsor. Failure to provide such access will constitute a
material breach of this contract.
PART VI. MANAGEMENT COMPANIES
(1)
If a management company will be managing the School, the contract between
the management company and the governing body of the School shall be submitted to the
Sponsor prior to the approval of the School's Contract. All amendments to the contract between
the management company and the governing body of the School shall be submitted to the
Sponsor within five (5) days of execution.
(2)
The contract between the governing body of the School and the management
company shall require that the management company perform its responsibilities regarding the
44
School in accordance with the terms stipulated in the School's Contract and all applicable laws,
ordinances, rules, and regulations.
(3)
Any default or breach of the terms of this Contract by the management company
shall constitute a default or breach under the terms of the Contract between the School and
Sponsor, and upon notice the School shall have the obligation and responsibility to cure such
breach,
PART vll. HUMAN RESOURCES
A. EMPLOYMENT
(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 Aventura, 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 the daily operations of the School. The principal and other key personnel shall be
employees of the City. An education management company or other qualified entity will be the
actual employer of other 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.
The School shall contract with the education management company or other qualified entity to
hire all other School employees, and shall submit annually to the Sponsor its written strategies
used to recruit, hire, train, and retain qualified staff. The School agrees that its employment
practices shall be nonsectarian.
(2)
The School shall be responsible for promoting diversity in its staff.
(3)
All instructional staff assigned to the School and under the employ of the City,
an education management company or other qualified entity shall be certified as required by
45
Chapter 1012, Florida Statutes. The Principal who shall be certified as required by Chapter
1012, Florida Statutes, may be employed directly by the City of Aventura and not an education
management company if the City of Aventura so chooses. The School may employ or contract
with skilled selected noncertified personnel to provide instructional services or to assist
instructional staff members as education paraprofessionals in the same manner as defined in
Chapter 1012, Florida Statutes. Their qualifications will be available to parents and community
members upon request. Parents will be advised of the School's commitment to providing
continuing professional development programs for its teachers to enhance their ability to
maximize student learning. Their resumes/biographies will be available to parents/guardians
and community members upon request. Parents/guardians will be advised of the School's
commitment to providing continuing professional development programs for its teachers to
enhance their ability to maximize student learning.
(4)
The School agrees to provide the Sponsor the names and social security numbers
of all prospective new employees. In order to ensure that all School employees are processed
properly through the Sponsor, the School will provide the Sponsor, by the 5th of each month,
copies of the payroll roster for the previous month. Failure to provide this information on a
timely manner may result in withholding of FTE payments 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
Charter Personnel electronic reporting facility and procedures for processing staff information.
The Sponsor agrees to provide appropriate training to School personnel on the use of the
electronic reporting facility.
46
(5)
The School agrees not to knowingly employ an individual for instructional
services if the individual's certification or licensure as an educator is suspended or revoked by
this or any other state,
(6)
The SChDOl agrees not to knowingly employ an individual who has resigned in
lieu of disciplinary action or who has been dismissed by any school district.
(7)
The SChDOl agrees to disclDse to the parents/guardians and the Sponsor the
qualifications of its teachers upon request.
(8)
The School agrees to fingerprint all applicants for instructional and
noninstructional positions including contracted personnel, as required by §1O12.32(2)(a),
Fla.Stat.(2003), and Board Rule 6Gx13- 4C-1.021. The Sponsor shall perform the processing of
each applicant's fingerprints. The cost of fingerprinting will be borne by the School or the
applicant, The School agrees that School employees shall not be hired prior to the Sponsor's
receipt and review of the fingerprint results of the charter school applicants from the Florida
Department of Law Enforcement and the Federal Bureau of Investigations. Potential School
employees shall submit official court dispositions for criminal offenses of moral turpitude listed
as part of their fingerprint results. The School agrees not to hire applicants whose fingerprint
check results reveal non-compliance with standards of good moral character.
(9)
The School agrees to conduct general drug screening on all applicants for
instructional and non-instructional positions with the School, including contracted personnel, in
the manner set forth in School Board Rule 6Gx13- 4-1.05 and the Miami-Dade County Public
Schools Drug-Free Work Place Technical Guide, attached hereto as Appendix P. A negative
drug screening result shall be a requirement for employment. The cost of drug screening will be
borne by the School or the employee.
47
(10)
The School agrees that its employees will be required to abide by the guidelines
set forth in Chapter 68-1.001, Code of Ethics of the Education Profession in Florida, and
Chapter 68-1.006, Principles of Professional Conduct for the Education Profession in Florida,
hereby attached as Appendix R.
(11)
Attached, as Appendix A, is the School's policy for selecting and employing
personnel.
(12)
Pursuant to §1002.33(12)(b), Fla.Stat.(2003), School employees shall have the
option to bargain collectively and may collectively bargain as a separate unit or as part of the
existing district collective bargaining unit as determined by the structure of the School.
(13)
The School expressly reserves the right to discipline employees in accordance
with the laws of the State of Florida and any applicable federal law. The School will apply
thorough, consistent, and even-handed procedures in disciplinary actions. Terminated
employees are entitled to receive compensation for the time they have been employed.
B. PRIVATE OR PUBLIC EMPLOYEES
The School shall be a private employer as referenced in Appendix A. 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 Miami-Dade County Public Schools.
PART VIII. MISCELLANEOUS
(I)
Neither party shall be considered in default of this Contract if the performance
of any part 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 beyond either party's control, and
which cannot be overcome by reasonable diligence and without extraordinary expense.
48
(2)
This Contract shall constitute the full, entire, and complete agreement between
the parties hereto. All prior representations, understandings and agreements whether written or
oral are superseded and replaced by this Contract. This Contract may be altered, changed,
added to, deleted ITom or modified only through the voluntary, mutual consent of the parties.
Any substantial amendment to this Contract shall require written approval of the School Board
and the School.
(3)
This Contract shall not be assigned by either party. The School may, without the
consent of the Sponsor, enter into contracts for services with an individual or group of
individuals organized as a partnership or cooperative so long as the School remains ultimately
responsible for said services as set forth in this Contract.
(4)
No waiver of any provision of this Contract shall be deemed or shall constitute a
waiver of any other provision unless expressly stated. The failure of either party to insist in any
one or more instances upon the strict performance of anyone or more of the provisions of this
contract shall not be construed as a waiver or relinquishment of said term or provision, and the
same shall continue in full force and effect. No waiver or relinquishment to any provision of
this contract shall be deemed to have been made by either party unless in writing and signed by
the parties.
(5)
Non-compliance with any of the terms and conditions of this contract shall
constitute a material breach of contract.
(6)
All representations and warranties made herein shall survive termination of this
Contract.
(7)
Jf any provision or any part of this Contract is determined to be unlawful, void
or invalid, that determination shall not affect any other provision or any part of any other
49
provision of this Contract and all such remaining provisions shall continue in full force and
effect, notwithstanding.
(8)
This Contract is not intended to create any rights of a third party beneficiary.
This clause shall not be construed, however, as a waiver of any right possessed by a member of
the community, a student or parent/guardian of a student of the School.
(9)
This Contract is made and entered into in the State of Florida and shall be
interpreted according to the laws of that state. The language and all parts of this contract shall
in all cases be construed as a whole according to its fair meaning, and not strictly for or against
any ofthe parties.
(10)
Every notice, approval, consent or other communication authorized or required
by this Contract shall not be effective unless same shall be in writing and sent postage prepaid
by United States mail, directed to the other party at its address hereinafter provided or such
other address as either party may designate by notice from time to time in accordance herewith:
City of Aventura, Florida
c/o Eric Soroka, City Manager
19200 West Country Club Drive
A ventura, Florida 33180
The School Board of Miami-Dade County, Florida
1450 Northeast Second Avenue, Suite 931
Miami, Florida 33132
Attn.: Deputy Superintendent for Education
Copies of all Notices to:
Clerk of the School Board
1450 Northeast Second Avenue
Miami, Florida 33132
(11)
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.
50
(12)
The headings in the Contract are for convenience and reference only and in no
way define, limit or describe the scope ofthe Contract and shall not be considered in the
interpretation of the Contract or any provision hereof.
(13)
This Contract may be executed in any number of counterparts, each of which
shall be an original, but all of which together shall constitute one Contract.
(14)
Each of the persons executing this Contract represent and warrant that they have
the full power and authority to execute the Contract on behalf of the party for whom he or she
signs and that he or she enters into this contract of his or her own free will and accord and in
accordance with his or her own judgment, and after consulting with anyone of his or her own
choosing, including but not limited to his or her attorney.
(15)
In the event of any conflict between the provisions of this Contract and any
Appendix, this Contract shall prevail.
51
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 behalf of
A VENTURA CITY OF EXCELLENCE SCHOOL
By:
By:
Signature of City Clerk Date
Signature of City Manager
Date
Name:
Name:
City Clerk
City Manager
ATTEST:
THE SCHOOL BOARD OF MIAMI - DADE COUNTY, FLORIDA
By:
Merrett R. Stierheim Date
Secretary
APPROVED AS TO FORM:
School Board Attorney Date
By:
Dr. Michael M. Krop
Chair
Date
52