The URL can be used to link to this page

2012-29RESOLUTION NO. 2012 -29 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED THIRD 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 Third 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, in substantially the form attached, with certain changes, insertions and additions as the City Manager may approve. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Joel, who moved its adoption. The motion was seconded by Commissioner Auerbach, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Billy Joel yes Commissioner Michael Stern yes Commissioner Luz Urbaez - Weinberg yes Vice Mayor Teri Holzberg yes Mayor Susan Gottlieb yes Resolution No. 2012 -29 Page 2 PASSED AND ADOPTED this 10th day of July, 2012. USAN GOT LIEB, MAYOR to 110 APPROVED AS TO LEGAL SUFFICIENCY: C�"j &-'� CITY ATTORNEY I CHARTER SCHOOL CONTRACT 2 3 BETWEEN 4 5 THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA 6 7 AND 8 9 THE CITY OF AVENTURA, FLORIDA 10 ON BEHALF OF 11 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL 12 13 14 15 16 History: 17 (Third Amendment to the Contractual Agreement) 18 Application: December 12, 2001 19 Contract: April 18, 2002 [ (1) proposed site; and (3) charter school contractual 20 agreement.] 21 1" Amendment: July 15, 2004 [To (1) change the school's name from Aventura Charter 22 Elementary School to Aventura City of Excellence Charter School; (2) 23 increase the grade level configuration from K -5 to K -8; and (3) increase 24 the enrollment from 600 students to a maximum capacity of 900 students, 25 commencing with the 2005 -2006 school year.] 26 CRC: April 9, 2008 27 2nd Amendment: June 18, 2008 (To increase the enrollment from 900 students to a 28 maximum capacity of 972 students, commencing with the 2009 -2010 29 school year.) 30 3rd Amendment: June 14, 2012 [To increase enrollment such as, (a) 2012 -2013, Max. 984 31 students; (b) 2013 -2014, Max. 996 students; (c) 2014 -2015, Max. 1,008 32 students; (d) 2015 -2016, Max. 1,020 students; and (e) 2016 -2018, Max. 33 1,032 students.] 34 Bp01241.2 35 36 37 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 This Page Left Blank Intentionally AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 I THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA 2 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL 3 THIRD AMENDMENT TO THE CHARTER SCHOOL STANDARD CONTRACT 4 5 Table of Contents 6 SECTION 1: GENERAL PROVISIONS ..................................................................... ..............................1 7 A) Approved Application ............................................................................... ..............................1 8 B) Term ........................................................................................................... ..............................1 9 1) Term ................................................................................................. ..............................1 10 2) Start -Up Date /School Calendar ........................................................ ..............................1 11 3) Charter Modification ........................................................................ ..............................2 12 4) Charter Renewal ............................................................................... ..............................2 13 C) Educational Program and Curriculum .................................................. ............................... 3 14 1) General ............................................................................................ ............................... 3 15 D) Non- Renewal/Cancellation and Termination ......................................... ..............................4 16 1) Reasons for Termination / Non - Renewal ........................................... ..............................4 17 2) "Good Cause.. ................................................................................... ..............................4 18 3) Additional "Good Cause" for Non - Renewal /Termination .............. ............................... 6 19 4) Non - Renewal /90 -day Termination .................................................. ............................... 8 20 E) Immediate Termination ............................................................................ ..............................9 21 1) Student Health, Safety or Welfare ................................................... ............................... 9 22 2) Sponsor Notification Responsibilities .............................................. ..............................9 23 3) Operation of the School ................................................................... ............................... 9 24 4) Appeal ............................................................................................... ..............................9 25 5) School Access and Documentation Responsibilities ........................ ..............................9 26 6) Removal of Funds or Property ........................................................ ............................... 9 27 7) Disbursement of Funds .................................................................. ............................... 10 28 8) Employees of the School ................................................................. .............................10 29 F) Post - Termination ...................................................................................... .............................10 30 1) School Responsibilities .................................................. ............................... ..........10 31 2) School Furniture, Fixtures, Equipment, and Funds ......................... .............................10 32 3) School Debt ..................................................................................... .............................10 33 4) Unencumbered Funds ...................................................................... .............................10 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 34 5) Final Audit ..................................................................................... ............................... 11 35 G) School Election to Terminate or Non -renew ......................................... .............................11 36 SECTION2: ACADEMICACCOUNTABILITY ....................................................... .............................I1 37 A) Student Performance: Assessment and Evaluation .............................. .............................11 38 1) Initial Year ..................................................................................... ............................... 11 39 2) Annual ............................................................................................. .............................12 40 3) Termination Based on School Grade ......................... 41 4) Textbook Inventory ......................................................................... .............................15 42 B) Student Promotion ................................................................................... .............................15 43 1) Student Progression Plan ................................................................. .............................15 44 2) Graduation Requirements .............................................................. ............................... 15 45 3) Accreditation ................................................................................... .............................15 17 46 4) Other Assessment Tools ................................................................ ............................... 16 47 C) Data Access and Use ................................................................................. .............................16 48 1) Access to Facilities, Records, and Data ........................................... .............................16 49 2) Sponsor Use of Required Assessment Data ..................................... .............................16 50 3) Acceptable Use Policy ..................................................................... .............................16 51 SECTION 3: STUDENTS ........................................................................................... .............................17 52 A) Eligible Students ....................................................................................... .............................17 53 B) Grades Served ........................................................................................... .............................17 54 C) Class Size ................................................................................................... .............................17 55 D) Annual Projected Enrollment ................................................................. .............................17 56 1) Student Enrollment .......................................................................... .............................17 57 2) High Performing Charter Schools ................................................... .............................17 58 3) Minimum Enrollment Requirements ............................................. ............................... 17 59 4) Deferred Opening and Student Enrollment ..................................... .............................17 60 5) Required Instructional Minutes ....................................................... .............................18 61 6) Enrollment Capacity ........................................................................ .............................18 62 E) Admissions and Enrollment Pl an ............................................................ .............................18 63 1) Provision of School Information ..................................................... .............................18 64 2) Enrollment Consent ......................................................................... .............................18 65 3) Record of Application and Enrollment ............................................ .............................19 66 4) Enrollment Lottery and Wait List Documentation .......................... .............................19 67 5) Student Information ......................................................................... .............................19 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 68 F) Maintenance of Student Records ............................................................ .............................19 69 1) Student Records ............................................................................... .............................19 70 2) Transfer of Student Cumulative Records ........................................ .............................19 71 3) Transfer of Student Cumulative Records Upon School Termination ...........................19 72 4) Transmittal of Educational Records .............................................. ............................... 20 73 G) Exceptional Student Education .............................................................. .............................LO 74 1) Non - Discrimination ......................................................................... .............................20 75 2) Sponsor Responsibilities ............................................................... ............................... 20 76 3) School Responsibilities ................................................................... .............................21 77 4) Services Covered by the Administrative Fee ................................... .............................22 78 5) Due Process Hearing ....................................................................... .............................22 79 6) Reimbursement for Services ............................................................ .............................23 80 H) Dismissal Policies and Procedures .......................................................... .............................23 81 1) Involuntary Student Withdrawal ..................................................... .............................23 82 2) Student Expulsion ................... ....................................................... ............................... 83 3) Voluntary Student Withdrawal ........................................................ .............................24 84 I) Discipline .................................................................................................... .............................24 85 1) Learning Environment ..................................................................... .............................24 86 2) Corporal Punishment ....................................................................... .............................24 87 3) Legal Costs .................................................................................... ............................... 24 88 ,n English Language Learners ...................................................................... .............................24 89 SECTION 4: FINANCIAL ACCOUNTABILITY .................................................... ............................... 25 90 A) Revenue ..................................................................................................... .............................25 91 1) Basis for Funding ............................................................................ .............................24 92 2) Federal Funding ............................................................................... .............................27 93 3) Charter School Capital Outlay Funds ....... ............................... 94 B) Administrative Fee ................................................................................... .............................31 95 1) Allowable Withholding ................................................................. ............................... 31 96 2) Capital Outlay .................................................................................. .............................31 97 3) Sponsor Use of Adminstrative Fee ................ ............................... . ............................... 98 4) Access to Optional Sponsor Services ............................................ ............................... 32 99 5) Provision of School Lunches ... ............................... ....................... ............................... 100 C) Restriction on Charging Tuition ............................................................. .............................32 101 D) Allowable Student Fee ........................................................................... ............................... 32 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL -Third Amendment to the Standard Contractual Agreement June l3, 2012 102 1) Use of Student Fees ....................................................................... ............................... 103 2) Fee Schedule .................................................................................. ............................... 32 104 3) Student Fee Documentation ........................................................... ............................... 32 105 E) Budget ........................................................................................................ .............................32 106 1) Annual ............................................................................................. .............................32 107 2) Amended Budget ............................................................................. .............................33 108 F) Financial Records, Reports and Monitoring .......................................... .............................33 109 1) Maintenance of Financial Records ................................................ ............................... 33 110 2) Financial and Program Cost Accounting and Reporting ............... ............................... 33 111 3) Financial Reports .................... ....................................................... ............................... 112 4) School's Fiscal Year ........................................................................ .............................35 113 5) Financial Recovery/Corrective Plan .............................................. ............................... 35 114 6) Submission Process ....................................................................... ............................... 36 115 7) Additional Monitoring ................................................................... ............................... 36 116 G) Financial Management of Schools .......................................................... .............................36 117 1) Financial Management and Oversight Responsibilities .................. .............................36 118 2) Taxes and Bonds ............................................................................ ............................... 37 119 3) Additional. Financial Requirements ................................................. .............................37 120 4) Utilization of the Sponsor .............................................................. ............................... 37 121 5) Bank Transfer Information ............................................................ ............................... 37 122 H) Description of Internal Audit Procedure ............................................... .............................37 123 SECTION S: FACILITIES ........................................................................................ ............................... 37 124 A) Prior Notification ..................................................................................... .............................37 125 1) Deadline to Secure Facility .............................................................. .............................37 126 2) Deadline to submit zoning approvals and Certificate of Occupancy ............................ 38 127 3) Facility Inspections ..................................................... ............................... ................... 128 4) District Inspection of Facility .......................................................... .............................38 129 B) Compliance with Building and Zoning / Requirements .......................... .............................38 130 1) Florida Building Code ................................................................... ............................... 38 131 2) Florida Fire Prevention Code ........................................................ ............................... 38 132 3) Applicable Laws .............................................................................. .............................38 133 4) Capacity of Facility ......................................................................... .............................40 134 5) Leased Facilities ............................................................................ ............................... 40 135 6) Emergencies .................................................................................... .............................40 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 136 C) Location .................................................................................................... .............................41 137 1) School's Street Address ................................................................... .............................41 138 2) Temporary Facility (if applicable) ................................................... .............................41 139 3) Relocation ........................................................................................ .............................41 140 4) Additional Campuses or Facilities (if applicable) ........................... .............................41 141 D) Prohibition to Affix Religious Symbols .................................................. .............................41 142 SECTION 6: TRANSPORTATION .......................................................................... ............................... 41 143 A) Cooperation Between Sponsor and School ............................................ .............................41 144 B) Reasonable Distance ................................................................................. .............................41 145 C) Compliance with Safety Requirements .................................................. .............................41 146 D) Fees .......................................................................................................... ............................... 41 147 E) Private Transportation Agreeement ....................................................... .............................42 148 F) Reimbursement for School Provided Transportation ........................... .............................42 149 SECTION 7. INSURANCE AND INDEMNIFICATION ....................................... ............................... 42 150 A) Indemnification of Sponsor ..................................................................... .............................42 151 1) Indemnification for Professional Liability ...................................... .............................42 152 2) Notification of Third Party Claim, Demand, or Other Action ....... ............................... 42 a 153 3) Indemnity Obligations ..................................................................... .............................43 154 B) Indemnification of School ........................................................................ .............................43 155 C) Sovereign Immunity ................................................................................. .............................43 156 D) Acceptable Insurers ................................................................................. .............................44 157 1) Acceptable Insurance Providers ...................................................... .............................44 158 2) Insurance Provider Compliance ....................................................... .............................44 159 3) Minimum Insurance Requirements .................................................. .............................44 160 E) Commercial and General Liability Insurance ....................................... .............................44 161 1) Liabilities Required ....................................................................... ............................... 44 162 2) Minimum Limits .............................................................................. .............................45 163 3) Deductible/ Retention ....................................................................... .............................45 164 4) Occurrence /Claims .......................................................................... .............................45 165 5) Additional Insureds ......................................................................... .............................45 166 F) Automobile Liability Insurance .............................................................. .............................45 167 1) Coverage .......................................................................................... .............................45 168 2) Occurrence /Claims and Minimum Limits ....................................... .............................45 169 G) Workers' Compensation /Employers' Liability Insurance ................... .............................45 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 170 1) Coverage .......................................................................................... .............................45 171 2) Minimum Limits .............................................................................. .............................46 172 H) School Leader's Errors and Omissions Liability Insurance ................ .............................46 173 1) Form of Coverage ............................................................................ .............................46 174 2) Coverage Limits ............................................................................ ............................... 46 175 3) Occurrence /Claims ........................................................................ ............................... 46 176 1) Property Insurance .................................................................................... .............................46 177 1) Structure Requirements ................................................................. ............................... 47 178 2) Additional Requirements ................................................................. .............................47 179 3) Business Personal Property Insurance ............................................. .............................47 1.80 .1) Applicable to All Coverage .................................................................... ............................... 47 181 1) Other Coverage ................................................................................ .............................47 182 2) Deductibles / Retention ..................................................................... .............................47 183 3) Liability and Remedies .................................................................... .............................47 184 4) Subcontractors ............................................................................... ............................... 48 185 5) Default Upon Non - Compliance ....................................................... .............................48 186 SECTION 8: GOVERNANCE .................................................................................. ............................... 48 187 A) Public or Private Employer ..................................................................... .............................48 188 B) Governing Board Responsibilities .......................................................... .............................48 189 1) Non - Profit Status ........................................................................... ............................... 48 190 2) Organizational Plan ....................................................................... ............................... 49 191 ....................... ............................... 3) Organizational Composition .. ............................... ..49 192 4) School Operations ........................................................................... .............................49 193 5) Accountability ............................................................................... ............................... 49 194 6) School Policy and Decision Making ............................................... .............................49 195 7) School Employee Supervision ......................................................... .............................49 196 8) Educational Excellence School Advisiory Council ....................... ............................... 49 197 9) Continuity of School Governance ................................................. ............................... 50 198 10) School Fiscal Agent ..................................................................... ............................... 50 199 11) Eligible Members of the Governing Body .................................. ............................... 50 200 12) Governing Board Compensation ................................................. ............................... 50 201 13) School/Parent Contract .................................................................. .............................50 202 14) Governing Board Reporting ........................................................ ............................... 50 203 15) Governance Training ..................................................................... .............................51 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 204 16) Employment of Relatives ............................................................ ............................... 51 205 C) Public Records .......................................................................................... .............................51 206 D) Reasonable Access to Records by Sponsor ............................................ .............................51 207 E) Sunshine Law ............................................................................................ .............................51 208 F) Reasonable Notice of Governing Board Meetings ................................. .............................51 209 1) Notice of Governing Board Meetings ........................................... ............................... 51 210 2) Governing Board Meeting Requirements ........................................ .............................52 211 G) Identification of Governing Board Members ........................................ .............................52 212 1 Parent Membership ....................... ............................... 52 213 2) Parent Involvement Designee .......................................................... .............................52 214 3) Governing Board Member Eligibility and Clearance .................... ............................... 53 215 SECTION 9: EDUCATION SERVICE PROVIDER ............................................... ............................... 52 216 A) Education Service Provider Agreement ................................................. .............................53 217 1) School Use of ESP Services .......................................................... ............................... 53 218 2) Submission of ESP Agreement ...................................................... ............................... 54 219 3) Amendments to ESP Contract ......................................................... .............................54 220 4) ESP Contract Amendments ............................................................. .............................54 221 5) Change of ESP ............................................................................... ............................... 54 222 SECTION 10: HUMAN RESOURCES .................................................................... ............................... 53 223 A) Hiring Practices ........................................................................................ .............................54 224 1) Reporting Staffing Changes ............................................................ .............................55 225 2) Non - Discriminatory Employment Practices .................................. ............................... 55 226 3) Teacher Certification and Highly Qualified .................................. ............................... 55 227 4) Fingerprinting and Background Screening ...................................... .............................56 228 B) Employment Practices ........................................................................... ............................... 57 229 1) Statutory Prohibition and Required Disclosure re Hiring of Relatives ........................ 57 230 2) Self Reporting of Arrests ............................................................... ............................... 57 231 3) Standards of Behavior ................................................................... ............................... 57 232 4) Code of Ethics ............................................................................... ............................... 57 233 5) Personnel Policy ............................................................................ ............................... 58 234 6) Collective Bargaining ...................................................................... .............................58 235 7) Immigration Status ........................................................................ ............................... 58 236 8) Employee Discipline ..................................................................... ............................... 58 237 9) Employee Evaluation ....................................................................... .............................58 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 238 C) Sponsor Training of School's Employees ............................................... .............................58 239 1) Participation and Cost for Training Activities ............................... ............................... 58 240 SECTION]]: REQUIRED REPORTS/ DOCUMENTS .......................................... ............................... 58 241 SECTION 12: MISCELLANEOUS PROVISIONS ................................................. ............................... 58 242 A) Impossibility ........................................................................................... ............................... 59 243 B) Notice of Claim ....................................................................................... ............................... 59 244 1) Time to Submit .............................................................................. ............................... 59 245 2) Notification of Cancellation .......................................................... ............................... 59 246 3) Renewal/Replacement ................................................................... ............................... 59 247 C) Drug -Free Workplace .............................................................................. .............................59 248 D) Entire Agreement ..................................................................................... .............................59 249 E) No Assignment .......................................................................................... .............................59 250 F) No Waiver .................................................................................................. .............................60 251 G) Default ....................................................................................................... .............................60 252 H) Survival Including Post - Termination .................................................... .............................60 253 1) Severability ................................................................................................. .............................60 254 TJ Third Party Beneficiary ........................................................................... .............................60 255 K) Choice of Laws ....................................................................................... ............................... 60 256 L) Notice ......................................................................................................... .............................60 257 M) Authority .................................................................................................. .............................61 258 N) Conflict/Dispute Resolution ..................................................................... .............................61 259 1) Contractual Conflicts ....................................................................... .............................61 260 2) School Stakeholder Conflicts ........................................................ ............................... 62 261 3) Contractual Priority ......................................................................... .............................62 262 O) Citations .................................................................................................... .............................62 263 P) Headings .................................................................................................... .............................62 264 Q) M -DCPS Police ......................................................................................... .............................62 265 266 267 268 269 270 271 272 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 . <.�w 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 This Page Left Blank Intentionally AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 I THE SCHOOL BOARD OF MIAMI -DADE COUNTY, FLORIDA 2 THIRD AMENDMENT TO THE CHARTER SCHOOL STANDARD CONTRACT 3 4 SECTION 1: GENERAL PROVISIONS 5 This THIRD AMENDMENT to the Charter School Contract ( "Contract ") entered into as of the 6 _ day of July, 2012, between The School Board of Miami -Dade County, Florida, ( "Sponsor'), 7 and The City of Aventura, Florida, a municipal corporation organized under Chapter 617, 8 Florida Statutes, ("Corporation'), on behalf of Aventura City of Excellence Charter School 9 ( "School') to A) Approved Application: The application approved by the School Board on December 11 12, 2001 (elementary application) and July 14, 2004 (middle school application) is 12 attached as Appendix A. All attached appendices are incorporated and made a part of the 13 Standard Contract. The mission of the School is to provide the residents of the City of 14 Aventura an education choice for their children within the city limits while alleviating 15 some of the county's growing educational needs. The School will serve up to 1,032 16 students, grades kindergarten through eight. This School will: provide students with a 17 challenging, personalized learning experience that ensures the highest measure of 18 intellectual potential and an increased sense of self - esteem. Students will improve their 19 academic achievement, motivation, discipline and self - control through a program 20 utilizing integrated experiential learning, critical thinking skills, modern languages, 21 recreational and athletics activities, life skills and technology. The School will have as its 22 core philosophy the belief that all children can develop as intellectual learners, function 23 as good citizens, learn as individuals in our society and develop as actual or potential 24 workers in our community. Students can be academically successful with all subjects, 25 contributing to their intellectual development. The School values the traditional 26 classroom teacher and the role the family plays in impacting students, and places strong 27 emphasis on the value of new information and technologies to enhance the development 28 of the individual strengths of each student. The School places emphasis on identifying AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 1 of 74 I students' learning styles and developing strategies that enables students to succeed. The 2 synergy of the low staff -pupil ratio, the goal oriented curriculum, and the preparation and 3 teaching experience of the selected staff will provide a high level of consistency between 4 the mission and the educational program. 5 B) Term 6 1) Term: The term shall cover fifteen (15) years commencing on the first day of 7 school in the 2003 -2004 school year, and ending on June 30, 2018. The Sponsor 8 and School initially entered into a Charter School Contract on April 18, 2002, 9 ( "Contract") that was amended on July 15, 2004 and May 22, 2008. The term of 10 a high performing charter school, as defined by § 1002.33 F.S., shall be modified 11 if the School receives a school grade of "C" or below in any two years during the 12 term of the charter. 13 2) Start -Up Date /School Calendar 14 a) In its sole discretion, the Sponsor may grant a one -year deferral from the 15 initial opening date as stated in the approved Application (Appendix A), 16 so that the School may postpone the opening for one school year. If a 17 deferral is granted, the term of this Contract will be adjusted to reflect 18 cancellation of one year of the term. If the School is granted the deferral 19 but does not open, this Contract will be automatically rescinded with no 20 notice or further action required of the Sponsor. 21 b) The School's calendar shall be consistent with the beginning of the 22 Sponsor's public school calendar for each school year. The School shall 23 provide instruction for at least the number of days and the minimum 24 number of instructional minutes required by law for other public schools. 25 Instructional days beyond the minimum must be reviewed and approved 26 by the Sponsor prior to implementation. After the School's calendar is 27 approved, any subsequent modification must be approved by the Sponsor 28 prior to implementation. Violation of this provision may result in 29 withholding FTE without interest, and /or termination of Contract. 30 c) Deadline for Submission of Pre- Opening Checklist Items: No later 31 than thirty (30) days prior to the initial use of the facility by the school, the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 2 of 74 I school shall have an approved contract and provide evidence of all 2 necessary permits, licensing, zoning, use approval, facility certification 3 and other approvals required by the local government. Failure to comply 4 shall result in automatic rescission of the Contract with no notice or 5 further action required of the Sponsor. 6 3) Charter Modification: This Contract, regardless of the School's high- 7 performing designation, may not be modified unless approved by both parties in 8 writing pursuant to School Board Policy 9800, Charter Schools. Unilateral 9 modification of this Contract in any way is a breach of the Contract and the 10 Contract may be terminated. Whenever a contract is amended, it shall be updated 11 to comply with current School Board policies and standard contract. 12 4) Charter Renewal 13 a) Prior to renewal of this charter, the Sponsor shall perform a program 14 review to determine the level of success of the school's current academic 15 program, achievement of the goals and objectives required by state 16 accountability standards and successful accomplishment of the criteria 17 under §1002.33(7)(a), F.S., the viability of the organization, compliance 18 with the terms of the charter, and that none of the statutory grounds for 19 nonrenewal exist. 20 b) Any charter school seeking renewal shall complete a charter renewal 21 application and the sponsor's renewal process. The application shall 22 include documentation for the items listed above. 23 c) If the School is eligible, this Contract may be renewed for up to an 24 additional fifteen (15) years by mutual agreement of the parties and upon the 25 terms and conditions established by Fla. Stat. § 1002.33(7), (8), for such 26 renewals Upon approval, the contract will be renewed following the contract 27 negotiation process in the current School Board policies and standard 28 contract. 29 C) Educational Program and Curriculum: The School shall implement the educational 30 program and curriculum as described in the approved application in Section 3: 31 Educational Program Design. (Appendix A) AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June l3, 2012 Page 3 of 74 1 1) General 2 a) The School shall implement its educational and related programs as 3 specified in the School's approved application (Appendix A), including 4 the School's curriculum, the instructional methods, any distinctive 5 instructional techniques to be used, and the identification and acquisition 6 of appropriate technologies needed to improve educational and 7 administrative performance, which include a means for promoting safe, 8 ethical, and appropriate uses of technology which comply with legal and 9 professional standards. The School shall ensure that reading is a primary 10 focus of the curriculum and that resources are provided to identify and 11 provide specialized instruction for students who are reading below grade 12 level. Further, the curriculum and instructional strategies for reading shall 13 be consistent with applicable State and Federal Standards and grounded in 14 scientifically -based reading research. Updates, revisions, and /or changes 15 to the curriculum programs described in the application and as requested 16 by the Sponsor as a condition of the application's approval are 17 incorporated as part of the approved application included as Appendix A. 18 Any request to change the School's curriculum must be submitted to the 19 Sponsor in writing, comply with all applicable laws and be approved by 20 the Sponsor before the changes are implemented. 21 b) The School will adopt and implement with fidelity, the Sponsor's K -12 22 Comprehensive Research -Based Reading Plan (CRRP), § 1011.62, F.S. 23 and Rule 6A- 6.053, F.A.C., including all instructional materials, unless it 24 has chosen to use an alternate research -based core reading plan. If 25 applicable, the School's adopted research -based core reading plan is 26 attached as Appendix D. 27 D) Non- Renewal/Cancellation and Termination 28 This Contract may be cancelled or terminated during its term for any reason set forth in 29 state law and this Contract. Notices of non - compliance, termination, cancellation and 30 default may be issued by the Sponsor's Superintendent or the Superintendent's designee. 31 1) Reasons for Termination/Non- Renewal: The Sponsor may choose to terminate AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 4 of 74 I the Contract during its term or not renew the Contract at the end of the current 2 term, for any of the following reasons: 3 a) failure to participate in the state's education accountability system created 4 in Fla. Stat. § 1008.31, as required in this section, or failure to meet the 5 requirements for student performance stated in the Charter; 6 b) failure to meet generally accepted standards of fiscal management; 7 c) violation of law; 8 d) other good cause shown, including but not limited to, those defined in this 9 Contract; 10 e) failure to make sufficient progress in attaining the student achievement 11 objectives of the charter and it is not likely that such objectives can be 12 achieved before expiration of the charter, and /or 13 f) failure to correct any material deficiency(ies) of which the Sponsor has 14 notified the School either in the termination notice or in a separate prior 15 notice of non - compliance. 16 2) "Good Cause ": "Good cause" for non - renewal or termination includes, but is not 17 limited to, the following: 18 a) failure to implement a reading curriculum that is consistent with effective 19 teaching strategies grounded in scientifically -based reading research, and 20 approved by the Florida Department of Education; 21 b) substantially inadequate student performance; 22 c) receiving a grade of "F" in any two years; 23 d) the school or its representatives are found to have committed a material 24 fraud on the Sponsor or made a material misrepresentation, either willfully 25 or recklessly, in the application or this contract.; 26 e) failure to timely submit or implement a Corrective Action Plan, a 27 Financial Recovery Plan, or periodic reports specified in the plans and 28 required by the Sponsor, the State Commissioner of Education or the State 29 Board of Education; 30 f) failure to follow, implement or make progress toward the mission of the 31 School as stated in the Application and this Contract; AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 5 of 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 3) 26 27 28 29 30 31 g) failure to deliver the instructional programs or curricula identified in the application; h) failure to make contributions to the Florida Retirement System if the school has elected to be part of the FRS; i) having substantial debt or delinquency in payments; j) the School files for bankruptcy, is adjudicated bankrupt or insolvent, or is so financially impaired that the school cannot continue to operate and /or is no longer economically viable; k) failure to have an annual audit that complies with the requirements specified in this Contract or to timely submit required financial reports; 1) failure to meet generally accepted accounting principles; m) willfully or recklessly fails to manage public funds according to the law n) failure to comply with maximum class size restrictions as required by law; o) failure to maintain insurance coverage as required by this Contract; P) failure to provide the sponsor with access to records; q) violation of any court order; r) criminal conviction on matters regarding the charter school by either the charter school's governing board, its members, collectively or individually, or by the management company contracted by the charter school; S) receiving a determination of financial emergency, pursuant to § 218.503, F.S.; t) U) improper student admissions and /or withdrawal practices; Additional "Good Cause" for Non- Renewal/Termination: "Good cause" also includes any material breach or violation of the standards, requirements, or procedures of this Contract, including but not limited to: a) failure to timely comply with all financial reports and statements in the format specified by the Sponsor; b) violation of the prohibition against School governing board members receiving compensation, directly or indirectly, from the School's AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 6 of 74 I operations, including but not limited to grant funds; 2 c) failure to fulfill all the requirements for highly qualified instructional 3 personnel as defined by the No Child Left Behind Act (NCLB); 4 d) failure to comply with the timely submission of the annual report to the 5 Sponsor; 6 e) failure to timely submit the School Improvement Plan to the Sponsor; 7 f) failure to participate in all required assessment programs; s g) failure to allow the Sponsor reasonable access to facilities and records to 9 review data sources, including collection and recording procedures; 10 h) failure to comply with the education goals established by § 1000.3(5), 11 F.S.; 12 i) failure to make adequate progress towards the goals and outcomes 13 designated in the School Improvement Plan; 14 j) failure of secondary charter schools to comply with § §1003.43 and 15 1008.25, F.S.; 16 k) failure to use records and grade procedures that adequately provide the 17 information required by the Sponsor; 18 1) failure to provide Special Education (SPED) students and English 19 Language Learners (ELL) with programs and services in accordance with 20 federal, state and local laws; 21 m) failure to obtain proof of consent to enroll each student from the student's 22 parent / guardian or from the student, if the student is eighteen (18) years 23 of age or older; 24 n) failure of the school to comply with the timely submission of the annual 25 financial audit as required by §218.39, F.S.; 26 0) failure to comply with the Florida Building Code (including chapter 423) 27 and the Florida Fire Prevention Code, including reference documents, 28 applicable state laws and rules, and federal laws and rules; 29 p) failure to comply with all applicable laws, ordinances, and codes of 30 federal, state, and local governance including Individuals with Disabilities 31 Education Act (IDEA); AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 7 of 74 I q) failure to obtain all necessary licenses, permits, zoning, use approval, 2 facility certification, and other approvals required for use and continued 3 occupancy of the facility as required by the local government or other 4 governmental agencies, within the timelines specified by the Sponsor; 5 r) failure to maintain valid licenses, permits, use approval, facility 6 certification, and any other approval as required by the local government 7 or any other governmental bodies having jurisdiction at any time during 8 the term of this Contract; 9 s) violation of §112.311 - 112.326, F.S., Code of Ethics for Public Officers 10 and Employees to the extent that it is applicable to local government 11 agencies because the School is a department of a local government; 12 t) violation of School Board Policy 1210, 3210, and 4210, Standards of 13 Ethical Conduct and Code of Ethics to the extent that it does not conflict 14 15 u) 16 v) 17 18 w) 19 with the provision of Chapter 112, as it applies to the School; violation of School Board Policy 9800, Charter Schools (Appendix C); violation of the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99); or any material violation of assessment administration and security procedures. 20 4) Non- Renewal/90 -day Termination 21 At least ninety (90) days prior to non - renewal or termination of the Contract, the 22 Sponsor shall notify the City Manager in writing. The notice shall state in 23 reasonable detail the grounds for non - renewal or termination. 24 a) Hearing: Within 14 calendar days after receiving the notice, the City 25 Manager may request an administrative hearing in front of the Florida 26 Division of Administrative Hearings (DOAH) by filing a written request 27 with the School Board Clerk pursuant to School Board Policy 0133, 28 Quasi- Judicial. The DOAH hearing will be conducted pursuant to § 29 1002.33, F.S., and Ch. 120, F.S. Following the hearing, the DOAH 30 recommended order shall be submitted to the Sponsor which will adopt a 31 final order. The final order shall state the specific reasons for the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 8 of 74 1 Sponsor's decision and provide it to the City Manager no later than then 2 (10) days after issuance. 3 b) The Sponsor may send in financial and /or instructional experts to advise 4 and assist the School in improving the conditions stated in the notice of 5 termination. Failure to cooperate, or failure to significantly improve the 6 noted conditions, shall also constitute good cause for termination. 7 c) The charter school's governing body is deemed to be the last legitimate 8 roster submitted to the Sponsor. 9 d) The decision by the governing board to request a DOAH hearing must be 10 made in a legally advertised public meeting with a quorum present. 11 Minutes or adopted resolution documenting the action must be submitted 12 to the Sponsor with the request for a DOAH hearing and properly posted. 13 e) The City shall continue to operate the school until the Sponsor issues a 14 final order terminating the charter, during which time all provisions of this 15 contract shall remain in effect. The closing date shall be negotiated 16 between the Sponsor and the School. 17 E) Immediate Termination 18 1) Student Health, Safety, or Welfare: This contract may also be terminated 19 immediately if the Sponsor determines that an immediate and serious danger to 20 the health, safety, or welfare of the charter school's students exists. The 21 Sponsor's determination is subject to procedures in Section D(a), (c), and (d) 22 above except that the charter school must request a DOAH hearing within ten 23 (10) calendar days upon receiving the notice and the hearing may take place after 24 the charter has been terminated. 25 2) Sponsor Notification Responsibilities: Upon immediate termination, the 26 Sponsor shall notify the City Manager and principal in writing. 27 3) Operation of the School: The Sponsor shall operate the school until the issuance 28 of a final order unless the continued operation of the charter school would 29 materially threaten the health, safety, or welfare of the students. 30 4) Appeal: The City Manager may, within ten (10) calendar days after receiving the 31 Sponsor's decision to terminate the Contract, appeal the decision pursuant to law. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL - Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 9 of 74 1 5) School Access and Documentation Responsibilities: The School shall 2 immediately give to the Sponsor all keys to the School's facilities, all security - 3 system access codes and access codes for all computers in the School's facilities, 4 all student, educational and administrative records of the School, access to the 5 school's bank accounts and public funds, but specifically excluding funds of the 6 City of Aventura, a governmental entity, storage facilities, all records, 7 information, receipts and documentation for all expenditures of public funds, 8 excluding City of Aventura funds, and including but not limited to federal grants 9 such as Title I and charter school grants, and all public property. 10 6) Removal of Funds or Property: The school shall not remove any funds or 11 property purchased with either public or private funds until the Sponsor has a 12 reasonable opportunity to determine whether the funds are public or private and 13 whether the property was purchased with public or private funds. Under no 14 circumstances shall the school remove any property or funds prior to the 15 Sponsor's decision to immediately terminate. 16 7) Disbursement of Funds: The Sponsor shall only disburse charter school funds in 17 order to pay the normal expenses of the school as they accrue in the ordinary 18 course of school business. The Sponsor is not required to use its own funding 19 resources to pay the School's debts. 20 8) Employees of the School: The School's instructional and operational employees 21 may continue working in the School during the time that the Sponsor operates the 22 School but will not be considered Sponsor employees. The Sponsor reserves the 23 right to take any appropriate personnel action regarding the School's employees. 24 F) Post - Termination 25 1) School Responsibilities: The School shall be dissolved under the provisions of 26 law under which the School was organized. Student records and copies of all 27 administrative, operational, and financial records of the School shall be provided 28 to the Sponsor on the date the termination/non - renewal takes effect. 29 2) School Furniture, Fixtures, Equipment, and Funds: Any property, 30 improvements, furnishings, and equipment purchased with public funds, 31 excluding City of Aventura funds, shall automatically revert to the Sponsor AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 10 of 74 I (subject to any lawful liens and encumbrances). If the School's accounting 2 records fail to clearly establish whether a particular asset was purchased with 3 public funds or non - public funds, then it shall be presumed public funds were 4 used and ownership of the asset shall automatically revert to the Sponsor. 5 Property and assets purchased with public funds shall be defined as those goods 6 purchased with grants and funds provided by a governmental entity but 7 specifically excluding funds of the City of Aventura, a governmental entity. 8 Funds provided by the School and used by a management company to purchase 9 property and assets for the School are considered public funds. 10 3) School Debt: The School shall be responsible for all the debts of the School. The 11 Sponsor may not assume the debt from any contracted services made between the 12 governing body of the School, the Management Company, and /or third parties. 13 4) Unencumbered Funds: Upon the Sponsor's request, unencumbered public funds 14 from the School excluding City of Aventura funds, any improvements, 15 furnishings, and equipment purchased with public funds, excluding City of 16 Aventura funds, or financial or other records pertaining to the School, in the 17 possession of any person, entity, or holding company other than the School, shall 18 be held in trust until any appeal status is resolved. 19 5) Final Audit: During the fiscal year in which termination or nonrenewal occurs, 20 the School Board of Miami -Dade County shall withhold from Charter School's 21 FEFP funds those monies necessary to cover the cost of a final financial audit. 22 G) School Election to Terminate or Non - renew: If the School elects to terminate or non - 23 renew the charter, it shall provide notice of the election to the Sponsor indicating the final 24 date of operation. All post - termination provisions apply. 25 26 SECTION 2: ACADEMIC ACCOUNTABILITY 27 A) Student Performance: Assessment and Evaluation 28 29 1) Initial Year 30 a) Expected Outcomes: The educational goals and objectives for improving - 31 student achievement, including how much academic improvement AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 11 of 74 I students are expected to show each year, how student progress and 2 performance will be evaluated and the specific results to be attained, as 3 described in Section 5a of application: Student Performance, Assessment 4 and Evaluation 5 b) Methods of Measurement: The methods used to identify the educational 6 strengths and needs of students and the educational goals and performance 7 standards are those specified in the School's approved application. 8 c) Assessments 9 i) State - Required: Students shall participate in all state assessment 10 programs. The School shall facilitate required alternate 11 assessments and comply with state reporting procedures. 12 ii) Additional: Students shall participate in all District assessment 13 programs in which the District's students in comparable 14 grades /schools participate and any other assessments as described 15 in Section 5e of the application: Student Performance, Assessment 16 and Evaluation. 17 iii) Support: All School personnel involved with any aspect of the 18 testing process must have knowledge of and abide by state and 19 Sponsor policies, procedures, and standards regarding test 20 administration, test security, test audits, and reporting of test 21 results. The Sponsor shall provide to applicable school staff all 22 services /support activities that are routinely provided to the 23 Sponsor's staff regarding implementation of District and state - 24 required assessment activities, e.g., procedures for test 25 administration, staff training, dissemination and collection of 26 materials, monitoring, scoring, analysis, and summary reporting. 27 iv) Technological & Infrastructure: The School shall provide 28 adequate technological infrastructure to support all required online 29 test administration. 30 2) Annual 31 a) School Improvement Plan AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 12 of 74 i) Minimum Components of SIP 2 1) The School will provide the Sponsor a School Improvement 3 Plan that is based on the goals and objectives required by 4 federal and state law and complies with the guidelines 5 provided by the Sponsor by the date due established by the 6 State and /or Sponsor. The School Improvement Plan shall 7 contain the School's measurable objectives for the subsequent 8 school year. 9 2) The School agrees to the baseline standard of achievement, 10 the outcomes to be achieved, and the methods of measurement 11 that have been mutually agreed upon in the School 12 Improvement Plan. 13 ii) Deadline for Educational Excellence School Advisory Council 14 (EESAC)Approval: The Educational Excellence School Advisory 15 Council (EESAC) of the School shall review and approve the SIP d 16 prior to its submission. Minutes documenting SIP approval must 17 be taken and posted. 18 iii) Monitoring: The City Manager shall develop and monitor the 19 implementation of the School Improvement Plan. Schools which 20 fall under the State of Florida Differentiated Accountability Plan 21 will comply with all requirements as they relate to the School 22 Improvement Plan. 23 b) Assessments: Students shall participate in assessment programs as 24 described in Section 5e of application: Student Performance, Assessment 25 and Evaluation. 26 i) State - required: Students at the School shall participate in all state 27 assessment programs. The School shall facilitate required alternate 28 assessments and comply with state reporting procedures. 29 ii) Additional: Students shall participate in all State assessment 30 programs and any other assessments as described in Section 5e of 31 the application: Student Performance, Assessment and Evaluation. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 13 of 74 1 1) The School shall be responsible for all costs associated 2 with assessments not mandated by the state or covered by 3 federal funding, such as Title I and IDEA. 4 2) If an IEP for a student with disabilities, or an EP for a 5 student who participates in programs for the gifted, 6 indicates accommodations or an alternate assessment for 7 participation in a State assessment, the School will 8 facilitate the accommodations or alternate assessment and 9 comply with State reporting procedures. 10 iii) Support: All School personnel involved with any aspect of the 11 testing process must have knowledge of and abide by state and 12 Sponsor policies, procedures, and standards regarding test 13 administration, test security, test audits, and reporting of test 14 results. The designated test chair for the School shall hold current 15 Florida teaching certification. The Sponsor shall provide to 16 applicable school staff all services /support activities that are 17 routinely provided to the Sponsor's staff regarding implementation 18 of District and state- required assessment activities, e.g., procedures 19 for test administration, staff training, dissemination and collection 20 of materials, monitoring, scoring, analysis, and summary reporting. 21 3) Termination Based on School Grade: The Contract shall be terminated if the 22 School receives a state - designated grade of "F" in any two years. The Contract 23 may be non - renewed or terminated if the School fails to make adequate academic 24 progress in accordance with state and federal laws. This provision does not 25 preclude the Sponsor from terminating the Contract for failure to meet academic 26 standards within the first or any subsequent school year. In addition to 27 evaluating the School's success in achieving the objectives stated in the School 28 Improvement Plan, the School shall meet the state's student performance 29 requirements as delineated in State Board of Education Rule 6A- 1.09981, 30 Implementation of Florida's System of School Improvement and Accountability, 31 based on § §1001.02, 1008.33, and 1008.345, F.S. This accountability criterion AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 14 of 74 I shall be based upon the assessment systems of the School, the Sponsor, and the 2 State. The School shall use records and grade procedures that adequately provide 3 the information required by the Sponsor. The School may use an alternative 4 grading and recording system, but the system must comply with the State's 5 reporting guidelines and be approved by the Sponsor. The School will use the 6 Sponsor's Pinnacle grade book system. If the school chooses to use an 7 application other than Pinnacle or the system in use by the Sponsor, it will be 8 responsible for data entry directly into ISIS for both daily attendance and all 9 academic grades. Schools that use an alternative grade book system will not be 10 able to upload grade or attendance data to Information Technology Services (ITS) 11 department. Schools not uploading will be required to have a documented 12 procedure in place for communicating attendance and grades to the data entry 13 clerk, prior to the opening of schools. Schools who opt to use an alternative grade 14 book system, will be required to provide some form of prior year electronic audit 15 trail. No ITS support will be provided for schools that do not use Pinnacle or the 16 designated system. The School shall follow the Sponsor's Elementary School 17 Academic Programs Course Codes and /or Miami -Dade County Public Schools 18 Authorized Courses for Secondary Schools, as appropriate. If applicable, the 19 School shall provide each student with a current state adopted textbook or other 20 current instructional materials in each core course, including but not limited to, 21 mathematics, language arts, science, social studies, reading, and literature, 22 pursuant to §1006.40(2)(a), F.S. These materials must be provided within the 23 first 2 years of the effective date of the State's textbook adoption cycle. 24 4) Textbook Inventory: The School will maintain, and have available for review, a 25 current textbook or digital textbook inventory for core courses which shall 26 include title, date of adoption cycle, and number of texts available and in use. 27 B) Student Promotion 28 1) Student Progression Plan 29 The School will adopt the Sponsor's Student Progression Plan (SPP), which is 30 attached as Appendix E. The School shall implement the SPP in effect for the 31 current operational year. The Sponsor may consider but is not obligated to AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2072 Page 15 of 74 I approve any exemptions from the SPP requested by the School. Failure to agree 2 on exemptions shall not be considered a Contract dispute. The School may not 3 implement any exemptions that are not approved by the Sponsor. 4 2) Graduation Requirements 5 The School shall establish a method for determining that a student has satisfied 6 the requirements for graduation in § §1003.43 and 1008.25, F.S., and shall inform 7 the Sponsor of this method at least one month prior to the beginning of the first 8 school year of operation. 9 3) Accreditation 10 Secondary schools shall notify the parents and students of the School's 11 accreditation status and the implications of non - accreditation in the Student 12 Enrollment form, the Parent /Student handbook, and the Parent /Student contract. 13 The notification must also be prominently displayed at all times on the School's 14 website. 15 4) Other Assessment Tools 16 As stated in approved Application. 17 C) Data Access and Use 18 1) Access to Facilities, Records, and Data: The School shall allow the Sponsor 19 reasonable access to its facilities and records to review data sources, including 20 collection and recording procedures, in order to assist the Sponsor in making a 21 valid determination about the degree to which student performance requirements 22 have been met as stated in the Contract, and required by § §1008.31 and 1008.345, 23 F.S. 24 2) Sponsor Use of Required Assessment Data: The Sponsor shall use results from 25 the state and district required assessment programs referenced in this Contract, the 26 data elements included in the annual report, and any other information acquired 27 by the Sponsor to provide the State Board of Education and the Commissioner of 28 Education the analysis and comparison of the schools' student performance. 29 3) Acceptable Use Policy: All Charter School employees and students are bound by 30 all of the Sponsor's computer policies and standards regarding data privacy and 31 system security. The School shall not access any of the Sponsor's student AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 16 of 74 1 information unless and until the student enrolls in the School. Violation of this 2 provision constitutes good cause for termination. 3 4 SECTION 3: STUDENTS 5 A) Eligible Students: The School shall be open to any student residing in Miami -Dade 6 County. As a charter school -in- the - municipality, the School will limit the enrollment 7 process to target the children of residents of The City of Aventura, as permitted by Fla. 8 Stat. §1002.33(10) and (15)(2007). However, ACES will not discriminate on the basis or 9 race, religion, national or ethnic origin, or exceptionality in the admission of students, in 10 accordance with federal and state anti - discrimination laws. 11 B) Grades Served: K -8 12 13 C) Class Size: The school shall comply with class size restrictions as required by law. 14 15 D) Annual Projected Enrollment: 16 1) Student Enrollment: Following is the student enrollment breakdown by year 17 according to the approved application: 18 a) Year 1 -2: 2003 -2005 — Grades K to 5 - up to 600 students 19 b) Year 3 -6: 2005 -2009 — Grades K to 8 - up to 900 students 20 c) Year 7 -9: 2009 -2012 — Grades K to 8 - up to 972 students 21 d) Year 10 � — Grades K to 8 - up to students 22 e) Year 11 — Grades K to 8 - up to students 23 f) Year 12: , — Grades K to 8 — up to students 24 g) Year 13 : — Grades K to 8 — up to f students 25 h) Year 14 -15:b> — Grades K to 8 — up to students 26 2) High Performing Charter Schools: A high performing charter school must have 27 documentation from the Commissioner of Education designating the School as 28 high - performing pursuant to §1002.331, F.S. A high performing charter school 29 shall notify the Sponsor in writing by March 1 of the preceding year if it intends 30 to increase enrollment or expand grade levels the following year. The school may 31 increase its student enrollment once a year no more than 15 percent more than the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 17 of 74 I capacity identified in its contract and /or expand grade levels to add grade levels 2 not already served. The written notice shall specify the amount of the enrollment 3 increase and the grade levels that will be added. To increase enrollment and add 4 grade levels this contract must be amended through the amendment process in 5 School Board Policy 9800, Charter Schools. Failure to provide timely notice to 6 the Sponsor or to comply with the amendment process shall preclude the school 7 from increasing enrollment or expanding grade levels. 8 3) Minimum Enrollment Requirements: The School's minimum enrollment for 9 the first year of operation is N /A. The parties agree that this is the minimum 10 enrollment that will support the School's operations. Failure to achieve the 11 minimum enrollment by the October FTE reporting period for each year of the 12 contract constitutes good cause for termination or nonrenewal. A budget to 13 support this minimum enrollment is provided in Appendix F. 14 4) Deferred Opening and Student Enrollment: In the event the School defers 15 opening, the student enrollment breakdown in paragraph 1 above will be adjusted to 16 reflect the cancellation of the first year and Year 4 will reflect the maximum capacity 17 permitted. 18 5) Required Instructional Minutes: Instructional minutes shall be a minimum of 300 19 minutes or in accordance with Florida Education Finance Program. 20 6) Enrollment Capacity: The enrollment capacity is contingent on the student capacity 21 as stated on the valid Certificate of Occupancy (CO), Certificate of Use (CU), and/or 22 Fire Permit for the School facility issued by the local governmental agency in whose 23 jurisdiction the facility is located. Monthly FIE payments shall be withheld, without 24 interest, for students in excess of the School's enrollment capacity, as defined by the 25 valid CO, CU, or Fire Permit. 26 E) Admissions and Enrollment Plan 27 The School shall implement the enrollment policies and procedures and lottery process. The 28 School shall enroll any eligible student who submits a timely application. If the number of 29 applications of Aventura residents` children applications exceeds the capacity of a program, 30 class, grade level, or building, those applicants shall be given an equal chance of being 31 admitted through a random selection process . As permitted by Fla. Stat. §1002.33(15), AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 18 of 74 I preferences will be given to children of Aventura residents. All applicants shall be given an 2 equal chance of being admitted through a random selection process. The random selection 3 process will reflect the diversity of the targeted community. After all Aventura applicants 4 have been offered seats, non - Aventura applicants will be enrolled, as permitted by Fla. Stat. 5 §1002.33(10)(b). Pursuant to Fla. Stat. §1002.33(10(b), if the number of non - Aventura 6 applications exceeds the capacity of a program, class, grade level, or building, those 7 applicants shall be given an equal chance of being admitted through a random selection 8 process. The School shall strive to achieve a racial /ethnic balance reflective of the 9 community it serves. Failure to comply with these provisions constitutes good cause to 10 terminate this Contract. Pursuant to Fla. Stat. § 1002.33(10)(d), the School shall give 11 enrollment preference the children of the residents of Aventura who are seeking enrollment, 12 to a sibling of a student enrolled in the School or to the child of an employee of the School. 13 1) Provision of School Information: The School shall provide all information about 14 the School to parents /guardians in English, Spanish and Haitian Creole. 15 2) Enrollment Consent: To enroll a student, the School must obtain proof of consent 16 from the student's parent or guardian, or from the student if the student is eighteen 17 (18) years of age or older. A charter school may not transfer an enrolled student to 18 another charter school having a separate Master School Identification Number 19 without first obtaining the written approval of the student's parents /guardians. The 20 school must maintain appropriate enrollment and student application documentation. 21 3) Record of Application and Enrollment: The School must maintain a record of all 22 the students who apply to the School, whether or not they are eventually enrolled. 23 The information shall be made available to the Sponsor upon request. 24 4) Enrollment Lottery and Wait List Documentation: The School shall maintain 25 documentation of each enrollment lottery conducted, as well as any student wait lists 26 that are generated and make them available to the Sponsor upon request. Lottery 27 documentation shall clearly allow the Sponsor to verify that the random selection 28 process utilized by the School was fair to all applicants. 29 F) Student Information: The School may not request prior to enrollment, through the 30 application or otherwise, information regarding the student's academic history, record of 31 standardized testing performance, juvenile or disciplinary history or status, a student's AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 19 of 74 I Individual Education Plan (IEP) or other information regarding a student's special 2 needs.Maintenance of Student Records 3 1) Student Records: The School shall maintain both active and archival records for 4 current/former students in accordance with §§1003.25 and 1002.22, F.S., and 5 State Board of Education Rule 6A- 1.0955. 6 2) Transfer of Student Cumulative Records: All permanent cumulative records 7 (both Category A, Permanent Information, and Category B, Temporary 8 Information) of students leaving the School, whether by transfer to a traditional 9 public school within the school system or withdrawal to attend another charter 10 school, shall be transferred upon receipt of an official request from a receiving 11 Miami -Dade County public school or a Sponsor's charter school. The School 12 may retain copies of the departing student's academic records created during the 13 student's attendance at the School. 14 3) Transfer of Student Cumulative Records Upon School Termination: Upon 15 termination of a student's enrollment at the School, all permanent cumulative 16 records (both Category A, Permanent Information, and Category B, Temporary 17 Information) of students leaving the School, but not transferring to a Sponsor's 18 public school or charter school, shall be hand - delivered to the Sponsor's 19 Department of Records and Forms Management. Proof of delivery shall be 20 provided to the Sponsor within five (5) business days. The School may retain 21 copies of the departing student's academic grades and attendance during the 22 student's enrollment at the School. 23 4) Transmittal of Educational Records: The School shall transmit to the Sponsor's 24 Department of Records and Forms Management, a listing of the types of Category 25 A and B educational records pursuant to State Board of Education Rule 6A- 26 1.0955 and the procedures from the Division of Student Services as stipulated in 27 the Student Educational Records manual. This report shall be transmitted each 28 year prior to July 1. 29 G) Exceptional Student Education 30 1) Non - Discrimination: The School shall not discriminate against students with = 31 disabilities in placement, assessment, identification, and admission. Prior to the AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June l3, 2012 Page 20 of 74 I student's enrollment in the School, the School shall not request, through the 2 School's application or otherwise, a student's IEP or other information regarding 3 a student's special needs, nor shall the school access such information. 4 2) Sponsor Responsibilities 5 a) The Sponsor shall conduct initial evaluations of students referred for 6 potential Special Education, Gifted and 504 Placement, and for the re- 7 evaluation of Special Education (SPED) students, in accordance with g federal and state mandates. The School may obtain private evaluations of 9 students at their expense. These evaluations may be considered in 10 determining eligibility but will not necessarily substitute for an evaluation 11 conducted by the Sponsor's personnel in a manner and timeframe 12 consistent with that of all of the other Sponsor's schools. 13 b) A representative of the Sponsor shall participate in all initial IEP meetings 14 and those IEP meetings where a significant change of services or 15 placement may be considered and shall serve as the Local Educational 16 Agency (LEA) Representative when present at an IEP meeting. However, 17 the administrator or designee in charge at the School will serve as the 18 LEA Representative at annual and interim IEP, Educational Plans (EP), 19 and 504 meetings, which the School shall conduct. 20 3) School Responsibilities 21 a) The School shall provide Special Education (SPED) students with 22 programs and services implemented in accordance with federal, state and 23 local policies and procedures, specifically the IDEA, Section 504 of the 24 Rehabilitation act of 1973, and § §1000.05, 1003.57, 1001.42(4)(1), and 25 1002.33, F.S., and Chapter 6A -6, F.A.C. 26 b) The School shall deliver all educational, related services and equipment 27 indicated on the student's IEP, EP, or 504 Plan. The School shall also 28 provide related services and equipment, e.g., speech/language therapy, 29 occupational therapy, physical therapy, counseling, assessment 30 instruments, assistive technology devices and therapeutic equipment. 31 c) The School shall conduct the evaluations of the School's students AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 21 of 74 I referred for physical therapy (PT) and occupational therapy (OT) and 2 speech and language (SL) services. After the student is determined 3 eligible for these services and the initial IEP or 504 Plan is written, the 4 School shall be responsible for providing required PT, OT, and SL 5 services to the student. The School shall ensure that PT, OT and SL 6 therapists who perform the evaluations attend an IEP meeting to review 7 the evaluations when eligibility for services is determined. The evaluation g must include a review of the student's IEP, identification and development 9 of PT, OT and SL goals and /or a treatment plan for the student. The 10 School shall ensure that all therapists review and implement the student's 11 initial IEP. The School shall ensure that all therapists providing services to 12 the student participate in the student's annual and interim IEP meetings 13 either in writing, by telephone, or in person. The student's IEP goals and 14 benchmarks related to these areas are to be updated by the student's 15 treating therapists. The School shall require all therapists providing 16 services to the student to attend orientation and in- service training on 17 delivery of school -based services and how to develop goals and lg benchmarks based upon educational theory. The Sponsor shall provide 19 that orientation and in- service training. The Sponsor may conduct periodic 20 reviews of the paperwork prepared by the OT, PT and SL therapists 21 providing services to such students. 22 d) The School shall comply with the requirements of the IDEA as it relates to 23 the student's IEP, and the appropriate instructional personnel of the 24 School shall attend all IEP meetings. 25 e) Special Education students shall be educated in an inclusionary, least - 26 restrictive environment as outlined in Appendix G, Exceptional Student 27 Education Policy and Procedures. Inclusionary practices include, but are 28 not limited to the following models: consultative, co- teaching, and support 29 facilitation. Students whose needs cannot be adequately addressed at the 30 School as determined by an IEP committee meeting held after enrollment, 31 will be appropriately referred and the School staff will work together with AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 22 of 74 I the Sponsor to ensure that the needs of these students are met. 2 4) Services Covered by the Administrative Fee: The Sponsor shall provide 3 exceptional student education administration services to the School, pursuant to § 4 1002.33, F.S. 5 5) Due Process Hearing 6 a) A student, parent, or guardian who indicates at an IEP, EP or 504 meeting 7 that they wish to file for a due process hearing pursuant to state law and 8 rules shall be given the appropriate forms by the LEA attending the IEP 9 meeting. These forms shall also be provided upon request at any other 10 time. 11 b) Due process hearing requests shall be filed with the School Board Clerk 12 pursuant to School Board Policy 0133, Quasi- Judicial Functions. As soon 13 as a request is filed, the Sponsor shall inform the School. 14 c) The Sponsor may initially represent the School if the school agrees. If the 15 Sponsor elects not to represent the School, the Sponsor will select and 16 assign an attorney from a pool of qualified outside counsel or the School 17 may use an attorney it selects if the Sponsor agrees. 18 d) In cooperation with the assigned attorney, the School is responsible for 19 scheduling resolution and mediation meetings as required under state and 20 federal law. 21 e) The Sponsor shall ensure that (1) the due process hearing is conducted 22 pursuant to applicable state law and rules, (2) a final decision is reached, 23 and (3) a copy of the decision is mailed to the parties. 24 f) The School shall bear all the costs associated with the administrative due 25 process hearing, legal representation, discovery, court reporter, and 26 interpreter. In the event that the student, parents or guardians prevail, 27 either through a hearing or settlement, the School shall pay any and all 28 attorneys' fees, reimbursements, compensatory education and any other 29 costs incurred, agreed upon or awarded. 30 6) Reimbursement for Services: Under the Medicaid Certified School Match 31 Program, the School may be eligible to seek reimbursement for certain services AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 23 of 74 I provided to Medicaid- eligible students who qualify for services under the IDEA, 2 Part B or C. In order to seek reimbursements, the School shall follow the 3 procedures established for Medicaid - reimbursable services to eligible students at 4 the School as outlined in Appendix H, attached and incorporated into this 5 Contract by reference. 6 H) Dismissal Policies and Procedures 7 The School shall implement the Sponsor's Code of Conduct, the School's policies for 8 discipline, suspension, dismissal and recommendation for expulsion as described in 9 Section 8b of application and in Appendix Q. 10 1) Involuntary Student Withdrawal: The School may not withdraw or transfer a 11 student involuntarily, unless the withdrawal or transfer is accomplished through 12 established administrative procedures mutually agreed upon in this Contract, or 13 through existing administrative procedures in the Sponsor's Policies. 14 2) Student Expulsion: Only the Sponsor may expel a student. 15 3) Voluntary Student Withdrawal: A student may voluntarily withdraw from the 16 School at any time and enroll in another public school. 17 I) Discipline 18 1) Learning Environment: The School agrees to maintain a safe learning 19 environment at all times. The School will adopt and follow the Sponsor's Code of 20 Student Conduct ( "Code "), attached as Appendix I, or may submit to the Sponsor 21 an alternate Code of Student Conduct. Any deviations from the Sponsor's Code 22 and any alternative Code must be approved by the Sponsor prior to 23 implementation. The School must comply with all applicable local, state and 24 federal laws regarding the discipline of SPED students. 25 2) Corporal Punishment: The School shall not use corporal punishment. 26 3) Legal Costs: The School shall defend and pay all costs of any legal action related 27 to dismissal of students for disciplinary reasons. 28 .l) English Language Learners 29 Students at the School who are English Language Learners (ELL) will be served by 30 English for Speakers of Other Languages (ESOL) certified personnel who will follow the 31 Sponsor's Limited English Proficiency Plan which is attached as Appendix J. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 24 of 74 1 2 SECTION 4: FINANCIAL ACCOUNTABILITY 3 A) Revenue 4 1) Basis for funding 5 Students in the school shall be funded the same as students enrolled in other 6 public schools. Funding shall be the sum of district operating funds from the 7 Florida Education Finance Program (FEFP), including gross state and local funds, 8 discretionary lottery funds, and discretionary operating millage funds divided by 9 total district funded weighted full -time equivalent (WFTE) students times the 10 weighted full -time equivalent students of the School. If eligible, the School shall 11 also receive its proportionate share of categorical program funds included in the 12 FEFP. Upon request, the School shall provide the Sponsor with documentation 13 that categorical funds received by the School were expended for purposes for 14 which the categorical was established by the Legislature. 15 a) Student Reporting 16 i) The School shall use the Sponsor's electronic data processing 17 facility and procedures for the processing of student enrollment, 18 attendance, FTE collection, assessment information, IEP's, LEP 19 plans, 504 plans and any other required individual student plan. 20 The Sponsor shall provide the School with appropriate access to 21 the Sponsor's data processing facility. The School shall provide 22 hardware and related infrastructure. 23 ii) The Sponsor shall provide training for the School's personnel in 24 the use of designated District applications necessary to respond to 25 the statutory requirements of §1008.345, F.S, including the annual 26 report and the State/District required assessment program. The 27 Sponsor's support for this function will be provided at cost and 28 will not exceed the 2% administrative fee. Access by the School to 29 additional data processing applications, materials, or forms not 30 31 required in the statute, but available through the Sponsor, may be negotiated separately by the parties. The 2% administrative fee AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 25 of 74 1 will apply to the total number of enrolled students. 2 Notwithstanding this reduction, the Sponsor shall provide the 3 administrative services required by Fla. Stat. §1002.33(20)(a), at 4 no additional cost to the School. This 2% administrative fee is 5 contingent upon the School satisfying all the following conditions: 6 1) The location of the School has been approved by the 7 Sponsor. 8 2) The facilities will be newly constructed or renovated, and 9 not third party leases, and shall comply with all 10 requirements identified in Section 5. FACILITIES, of this 11 contract. 12 3) The credit rating of the Sponsor or its tax - exempt status 13 will not be used to finance the new school. 14 4) The charter school site and facilities shall be owned by the 15 City of Aventura and shall be financed by separate bonds 16 with a documented repayment schedule, the proceeds of 17 which were used only to finance site acquisition and 18 construction of the charter school facility, subject to 19 provision of subsection (5) below. The middle school 20 addition of the School was financed from the City's 21 General Fund reserves. Future expansions may be financed 22 from the School funds or the City's General Fund, at the 23 City's discretion. 24 5) In the event that the School is terminated or the City of 25 Aventura defaults on debt issued to finance the site or 26 facility, the Sponsor shall have first right of refusal to 27 assume possession of the property in return for assuming 28 the outstanding liability. The right of the Sponsor must be 29 written into any bond indenture covering the financing of 30 the site or facility. If the Sponsor exercises the right to 31 assume ownership, it agrees to reimburse the City of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 26 of 74 I Aventura annually for its required principal and interest 2 payment, until such time as the related debt may be fully 3 paid or refinanced by the Sponsor with no prepayment 4 penalty. Upon full payment of the related debt, the City of 5 Aventura shall transfer title of both the site and facility to 6 the Sponsor along with any easements necessary to have 7 access and use of the School, free and clear of all 8 encumbrances except those acceptable to the Sponsor. 9 6) Access by the School to services not required in, but 10 available through the Sponsor, may be negotiated I l separately by the parties. 12 iii) If the School submits data relevant to FTE funding that is later 13 determined through the audit procedure to be inaccurate, the 14 School shall reimburse the State for any errors, omissions or 15 misrepresentations for which the School is responsible. The 16 Sponsor may also terminate the Contract if it is found that the 17 information provided was intentionally misleading. 18 b) Distribution of Funds Schedule 19 i) The Sponsor shall calculate and submit twelve (12) monthly 20 payments to the School. The first payment will be made by July 21 31. Subsequent payments will be made by the 15th of each month 22 beginning with August 15. 23 ii) The first payment shall include 75% of the projected annual 24 allocation of instructional materials based on prior year 25 membership, or based on enrollment as of June 30, in the case of a 26 new school. 27 iii) Payments may be adjusted for any amounts due the Sponsor for 28 services provided and /or expenditures incurred on behalf of the 29 School during the current or previous year, as well as for 30 administrative oversight. 31 iv) Late payments are subject to interest at the rate of 1% per month AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 27 of 74 I calculated on a daily basis until paid. 2 v) Payment shall not be made for students in excess of the School's 3 enrollment capacity, the School facility's valid capacity as 4 determined by the School's Certificate of Occupancy, Certificate 5 of Use, Fire Permit (whichever is less) or this Contract. In the 6 event that the required county and /or municipality facility permits 7 do not indicate a facility capacity, the School must submit a letter 8 from the architect of record certifying the capacity of the facility. 9 vi) The Sponsor shall withhold monthly payments, without interest, if 10 the School's Certificate of Occupancy, Certificate of Use or Fire 11 Permit has expired or has otherwise become invalid. 12 vii) If the School unilaterally modifies the Contract, the Sponsor may 13 withhold payments until the Contract is properly amended and 14 approved by the Sponsor. 15 viii) The Sponsor may initially calculate monthly distributions to the 16 School for up to four (4) months based on the School's actual 17 enrollment as of June 30, or until the results of the October Full- 18 Time Equivalent (FTE) become available. The projected full -time 19 equivalent student membership will be determined by the actual 20 student enrollment at the School at the conclusion of the second 21 week of student attendance. If enrollment at the end of the second 22 week of student attendance is less than 90% of projected 23 enrollment, future monthly distributions shall be proportionally 24 reduced. Thereafter, the results of the official FTE student surveys 25 will be used in adjusting the amount of FEFP funds distributed to 26 the School. 27 c) Adjustments: Total funding shall be recalculated during the school year 28 to reflect actual WFTE students reported by the School during the FTE 29 student survey periods. In the event that the District exceeds the state cap 30 for WFTE for Group 2 programs established by the Legislature, resulting 31 in unfunded WFTE for the district, then the School's funding shall be AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 28 of 74 I reduced to reflect its proportional share of any unfunded WFTE. 2 d) Holdback/Proration: In the event of a state holdback or a proration 3 which changes District funding, the School's funding will be adjusted 4 proportionately. The Sponsor will not be responsible for any liabilities 5 incurred by the School in the event of a state holdback. 6 e) Summer School Provision: The School may choose to provide a 7 summer school program using state allocated funds. If a student enrolled 8 in the School attends any of the Sponsor's summer school programs, the 9 School shall reimburse the Sponsor for the cost, as determined by the 10 Sponsor, of each student's summer school program. If the School fails to 11 comply with this provision, the Sponsor may deduct the appropriate 12 amount from the School's subsequent FTE payments. 13 2) Federal Funding 14 a) Title I 15 i) Any Title I funds allocated to the School must be used to - 16 supplement students' greatest instructional needs that have been 17 identified by a comprehensive needs assessment of the entire 18 School and shall be spent in accordance with federal regulations. 19 The academic program funded through Title I shall include 20 Reading, Language Arts, Mathematics and Science. Additionally, 21 for purposes of determining Title I student eligibility, Title 1 22 funding will only be provided for students entered into the M- 23 DCPS Lunch Menu in the ISIS File with approved free or reduced - 24 price meal benefit (the area that shows the student is eligible for 25 free and reduced priced lunch). 26 ii) The per pupil allocation of Title I funds shall correlate with the 27 per- pupil allocation of the students' home school. The allocation 28 of Title I Funds shall be made in accordance with the Public 29 Charter Extension Act of 1998 and all corresponding guidance and 30 regulations. 31 iii) Upon M -DCPS Title I Program designation, a memorandum of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 29 of 74 I record will be mailed directly to the City Manager for the 2 upcoming school year's Title I Program budget create. The School 3 shall complete the Charter Schools Title I Budget Appropriation 4 Details Form for the upcoming school year using the Title 1 5 allocation within specified Title I Programs, as listed in the 6 memorandum of record. The Title I Budget Appropriation Details 7 Form must be completed, signed by theCity Manager, and the g original mailed to the Title I Office by the date certain. Once 9 approved by Title I Administration, the budget form will be 10 returned to the School for expenditures as authorized. Should the 11 need arise for a Title I Program budget amendment, the School 12 must resubmit the request on the approved Budget Appropriation 13 Details Form 30 days in advance of the need, and await signed 14 authorization by Title I Administration. 15 iv) Any equipment item purchased with Title I funds costing $1000 or 16 more, which is classified as Capitalized Audio Visual or 17 Equipment, remains the property of Title I. This property must be 18 identified, labeled and made readily available for Title I property 19 audits. 20 v) If the School accepts Title I funds, at least one percent of the Title 21 I funds budget must be spent in support of parental involvement 22 activities. 23 vi) The Sponsor's Title I staff will provide technical assistance and 24 support in order to ensure that Title I guidelines are being followed 25 at the School and that students are meeting high content and 26 performance standards. 27 vii) All documentation, including, but not limited to, Title 1 28 Accountability and Technical Assistance Team (A -TAT) School 29 Site Compliance documents, agendas, schedules, minutes, time 30 sheets, receipts, invoices, purchase orders, rosters, etc., must be 31 maintained at the School for a minimum of five years as evidence AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2011 Page 30 of 74 I to validate the use of Title I school site allocations. 2 b) IDEA: Funding for services provided to students with disabilities in the 3 School will be provided in the same manner as for the Sponsor's other 4 public schools. 5 c) Federal Grants: Any eligible student enrolled in the School shall be 6 provided federal funds for the same level of service provided other eligible 7 students in the schools operated by the Sponsor. When a grantor requires 8 that the Sponsor serve as the fiscal agent for a grant, the School shall 9 comply with the following procedures: 10 i) prior to generating any paperwork to the funding agency, the 11 School shall notify Charter School Operations in writing of its 12 intent to submit a grant application; 13 ii) Charter School Operations will forward the written request, along 14 with the grant application guidelines, to Intergovernmental Affairs 15 and Grants Administration (IAGA); 16 iii) upon receipt of the written request, IAGA will prepare the grant 17 application procedures packet and timeline for the School; 18 iv) IAGA will process all application documents requiring the 19 Superintendent's signature; and 20 v) in accordance with the established timeline, the School will submit 21 the final application and the appropriate copies to Charter School 22 Operations for submission to IAGA for transmittal to the funding 23 agency. 24 vi) In the event any grantor requires the Sponsor to monitor and /or 25 review the School's expenditures pursuant to any grant the School 26 receives, the School shall comply within a reasonable time with 27 any and all additional reporting requirements or corrective action 28 prescribed by the grantor or Sponsor. If it is determined that a 29 reimbursement of grant funds is required due to an audit or other 30 investigation, the School is solely responsible for making the 31 reimbursement. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 31 of 74 I vii) In the event that the Sponsor must serve as fiscal agent, and 2 indirect costs are an allowable expense of the grant, the School 3 agrees that the Sponsor will be permitted to retain grant funds in an 4 amount equal to the annually negotiated indirect cost rate as 5 determined by the Florida Department of Education. Indirect costs 6 shall be reflected in the budget of the grant application submitted 7 by the School. 8 viii) If the Sponsor develops a District -wide grant, the School may be 9 included in the District proposal in accordance with the school 10 eligibility requirements and grant guidelines within the Request for 11 Proposals. 12 ix) When grant proposals are developed by the Sponsor's staff using 13 student or school counts that include the School's students, and the 14 grant is awarded to the Sponsor, the pro -rata share of the dollars or 15 services received from that grant shall be distributed to the School, 16 if eligible, as defined in the budget developed for the grant. 17 d) Other Funding Sources: The School may secure funding from private 18 institutions, corporations, businesses and/or individuals. 19 3) Charter School Capital Outlay Funds 20 a) Application: Procedures for submitting and approving requests for capital 21 outlay funding are incorporated into this Contract as Appendix K. 22 b) Distribution: The Sponsor shall make timely and efficient capital outlay 23 payment to the school upon receipt of all required supporting 24 documentation. The Sponsor shall not certify capital outlay plans if it 25 cannot attest to the School's eligibility. 26 B) Administrative Fee 27 1) Allowable Withholding: Any administrative fee withheld by the Sponsor shall 28 be limited to two percent (2 %) of available funds for the first 250 students as 29 defined in Fla. Stat. § 1002.33(20)(a) not including capital outlay funds, federal 30 and state grants, or any other funds, unless explicitly provided by law. 31 a) High Performing Charter School: For high - performing charter schools, as AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 32 of 74 I defined in § 1002.331, F.S., the Sponsor may withhold a total administrative fee 2 of up to 2 percent for enrollment up to and including 250 students per school. 3 b) High Performing Charter School System: For a high - performing charter 4 school system that also meets the requirements in §1002.33(20)(a)4, F. S., the 5 Sponsor may withhold a 2 percent administrative fee for enrollments up to and 6 including 500 students per system. 7 2) Capital Outlay: If the School has a population of 251 or more students, the 8 difference between the total administrative fee calculation and the amount of the 9 administrative fee withheld may be used for capital outlay purposes specified by 10 law. The Sponsor shall not withhold an administrative fee from capital outlay 11 funds unless explicitly authorized by law. 12 3) Sponsor Use of Administrative Fee: The administrative fee retained by the 13 Sponsor pursuant to this Contract includes, among other things, a fee for 14 academic and financial monitoring required of the Sponsor by law. At any time, 15 the Sponsor may request reports on school operations and student performance 16 and the School shall provide the reports in a timely manner. 17 4) Access to Optional Sponsor Services: Access by the School to services not 18 required by law, but available through the Sponsor, may be negotiated separately 19 by the parties. The Sponsor is not obligated to provide any services not required 20 by law. 21 5) Provision of School Lunches: The School shall be solely responsible for 22 providing school lunches and complying with state and federal reporting 23 requirements. The Sponsor shall provide services related to eligibility and 24 reporting under the federal free and reduced lunch program if requested by the 25 School. 26 C) Restriction on Charging Tuition: The school shall not charge tuition. 27 D) Allowable Student Fees 28 1) Use of Student Fees: The school shall not charge fees, except those fees 29 normally charged by the Sponsor or as allowed by law. Fees collected must be 30 allocated directly to, and spent only on, the activity or material for which the fee 31 is charged. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 33 of 74 1 2) Fee S- chedule: At least 30 days prior to the beginning of each school year, the 2 School shall provide the Sponsor with a comprehensive fee schedule for the 3 school year. No funds shall be collected until the School has been given written 4 approval from the Sponsor. Additional fees shall not be imposed without the 5 notification and approval of the Sponsor. 6 3) Student Fee Documentation: The School shall maintain documentation 7 supporting the collection of the approved fee schedule which will be available for 8 the Sponsor to review. 9 E) Budget 10 1) Annual: The School shall provide reasonable proof of the ability to fund the 11 initial startup and the on -going operation of the School. By August 20 each year, 12 the City Manager shall provide to the Sponsor an updated annual budget for 13 review, based upon enrollment projections (Appendix L) and, for the initial year 14 of operation, a budget based upon minimum enrollment (F). Each budget shall 15 include projected sources of revenue, both public and private, and planned 16 expenditures covering the entire school year. 17 a) Governing Board Approval: The School's governing board shall adopt 18 and the City Manager shall maintain an annual balanced budget. 19 b) Submission Date: The school shall annually transmit to the Sponsor a 20 copy of the school's adopted budget on or before August 20th 21 2) Amended Budget: The School shall provide a copy of the amended budget to the 22 Sponsor within ten (10) days of its approval by the School's governing board . 23 F) Financial Records, Reports and Monitoring 24 1) Maintenance of Financial Records: The School shall use the standard state 25 codification of accounts as contained in the DOE's Financial and Program Cost 26 Accounting and Reporting for Florida Schools (Red Book), as a means of 27 codifying all transactions pertaining to its operations. The accounting for federal, 28 state and local funds shall be maintained according to existing guidelines, 29 mandates, and practices, i.e., separate funds and bank accounts for federal, state, 30 and local funds as required under applicable statutes. The School's financial 31 activities and reports shall be subject to the Florida Department of Education AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 34 of 74 I (DOE) Technical Assistance Paper No. 2009 -03, incorporated into this Contract 2 as Appendix M, as well as any subsequently issued directives by the State and 3 other applicable Governmental Accounting Standards. 4 2) Financial and Program Cost Accounting and Reporting: The school shall 5 conduct an annual cost accounting in a form and manner consistent with generally 6 accepted governmental accounting standards in Florida. 7 3) Financial Reports 8 a) Financial Reports: The school shall submit monthly financial statements 9 in the form prescribed by the Sponsor. Those charter schools designated 10 as high performing by the Commissioner of Education shall submit 1.1 quarterly financial statements within thirty (30) days of the end of each 12 quarter. 13 b) Annual Property Inventory: The School shall submit to the Sponsor a 14 cumulative listing of all property purchased with public funds, i.e., FEFP, 15 grant, and any other public - generated funds, excluding City of Aventura 16 funds, and a separate cumulative listing of all property purchased with 17 private funds and City funds with the annual audited financial statements. 18 These lists shall include: (1) date of purchase; (2) item purchased; (3) cost 19 of item; and (4) item location. 20 c) Program Cost Report: The school shall provide the Sponsor its annual 21 cost report in a form and manner consistent with generally accepted 22 governmental accounting standards in Florida by the date established by 23 the Sponsor. 24 d) Annual_ Financial Audit: An annual financial audit, required by § 218.39, 25 F.S., requested and paid for by the School, shall be performed by a 26 licensed Certified Public Accountant. The audit shall be performed in 27 accordance with Generally Accepted Auditing Standards; Government 28 Auditing Standards, issued by the Comptroller General of the United 29 States; and Chapter 10.850, Rules of the Auditor General, State of Florida, 30 incorporated into this Contract as Appendix N. The School shall provide 31 the Sponsor with eight (8) copies of the audit and the School's responses AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 35 of 74 I to the findings, which shall be bound together in one complete report. In 2 addition, two copies of the audit report must be submitted to the Auditor 3 General within forty-five (45) days after delivery of the audit report to the 4 School's governing body. The School shall provide the Sponsor with 5 annual financial reports including a management letter, as of June 30 of 6 each year for inclusion in the Sponsor's financial statements. These 7 reports shall include a complete set of annual financial statements and g accompanying notes, prepared in accordance with Generally Accepted 9 Accounting principles and reflecting the revenue sources and expenditures 10 by function and object in sufficient detail to allow for the Sponsor's 11 analysis of the School's ability to meet financial obligations and timely 12 repay debt. In addition, if the School is not part of a pre- existing non - 13 profit organization or municipality, the School's financial activities shall 14 be accounted for using the governmental accounting model applicable for 15 state and local governments and their component units, as per Government 16 Accounting Standards Board (GASB) statement 34. The following 17 timeline must be adhered to for submitting the School's financial reports: 18 UNAUDITED STATEMENTS: NO LATER THAN AUGUST 1 OF 19 EACH YEAR. 20 AUDITED STATEMENTS: NO LATER THAN SEPTEMBER 1 OF 21 EACH YEAR. No later than May 1 of each year, the Charter School shall 22 formally notify the Sponsor of the name, address and phone number of the 23 auditor engaged to perform the year end audit and documentation of the 24 auditor's current peer review. 25 e) Grant Reporting: The School shall submit quarterly Project 26 Disbursement Reports for each grant to the Sponsor, supported by 27 appropriate documents, including copies of invoices, timesheets, receipts, 28 etc., to determine that grant funds are used and programs are operated in 29 accordance with applicable federal and state statutes, rules, and 30 regulations. All grant recipients will also be subject to scheduled site visits 31 to review records and observe operations. AVENTURA CITY OFEXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 36 of 74 I f) Form 990 (if applicable):The School shall operate as a department within 2 the City of Aventura, a governmental entity, and is subject to the non - 3 profit status and tax exempt status of a municipality. 4 4) School's Fiscal Year: The School's fiscal year shall be from July 1 through June 5 30. 6 5) Financial Recovery /Corrective Plan 7 a) If the School is found to be in a state of deteriorating financial condition 8 or meets one or more of the conditions in §218.503, F.S., Determination of 9 Financial Emergency, the City Manager and the Sponsor shall develop a 10 corrective action plan and file the plan with the Commissioner of 11 Education within 30 business days after notification is received in 12 accordance with §1002.345, F.S. If the City Manager and the sponsor are 13 unable to agree on a corrective action plan, the Commissioner of 14 Education shall determine the components of the plan. The governing 15 board shall approve and the City Manager shall implement the approved 16 plan. Failure on the part of the School to propose a good faith corrective 17 plan shall constitute a material breach of this contract and may result in 18 the Sponsor's withholding of subsequent payments to the School without 19 penalty of interest until the breach is cured. The Sponsor may also 20 terminate the contract. 21 b) As stated in § 1002.345, F.S., the Sponsor may decide not to renew or may 22 terminate a charter if the charter school or charter technical career center 23 fails to correct the deficiencies noted in the corrective action plan within 1 24 year after being notified of the deficiencies or exhibits one or more 25 financial emergency conditions specified in §218.503, F.S. for two (2) 26 consecutive years. 27 6) Submission Process: The School shall submit all required financial statements 28 to the Sponsor in the timeline and format prescribed by the Sponsor and /or state. 29 Failure of the School to comply with the timely submission of all financial 30 statements in the required format specified by the Sponsor shall constitute a 31 material breach of this Contract and may result in the Sponsor's withholding of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 37 of 74 I subsequent payments to the School without penalty of interest and/or termination 2 of this Contract. 3 7) Additional Monitoring: The Sponsor reserves the right to perform additional 4 audits and investigations at its expense as part of the Sponsor's financial 5 monitoring responsibilities as it deems necessary. The School shall be responsible 6 for reimbursement of any unauthorized or misappropriated funds. 7 G) Financial Management of Schools 8 1) Financial Management and Oversight Responsibilities: The School shall 9 implement the financial management and oversight procedures, controls and 10 methods as described in Sections 18a -d of Application: Financial Management 11 and Oversight. 12 2) Taxes and Bonds: Pursuant to law, the School shall not levy taxes or issue bonds 13 secured by tax revenue except as within the specific authority of the City of 14 Aventura. 15 3) Additional Financial Requirements: The Sponsor may require the School to 16 comply with additional financial requirements mandated by the Florida 17 Department of Education. 18 4) Utilization of the Sponsor: The School shall not suggest or represent to third 19 parties, including, but not limited to, vendors, creditors, other business entities or 20 their representatives, governmental entities, or other individuals, that the Sponsor 21 will guarantee payment for any purchases made or debts incurred by the School, 22 nor shall the School represent that the Sponsor will guarantee payment for any 23 loans secured by the School, or that the Sponsor will lend its good faith and credit 24 in order for the School to obtain a loan or other forms of credit. 25 5) Bank Transfer Information: The City shall submit a Bank information form 26 which will provide all necessary information for the City's bank account where 27 payments from the Sponsor will be deposited. The bank account must be in the 28 legal name of the City, and the bank information form must be signed by the City 29 Manager. The Sponsor shall not send payments to a trust account or to any bank 30 account other than one held and controlled by the School. 31 H) Description of Internal Audit Procedure The School shall implement the financial AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 38 of 74 I controls and audit procedure described in the School's governing laws and rules, the 2 provisions of this Contract, and the School's approved application as described in 3 Sections 18a -d of application: Financial Management and Oversight. 4 SECTION 5: FACILITIES 5 A) Prior Notification 6 1) Deadline to Secure Facility: The School is owned by the City of Aventura. The 7 City's General Fund leases the school facilities to the City's Charter School Fund. 8 A copy of the lease shall be available to the Sponsor at least thirty (30) calendar 9 days before the initial opening day of classes. 10 2) Deadline to submit zoning approvals and Certificate of Occupancy: The 11 School shall annually obtain, for any owned or leased facility used to house the 12 School, all permanent and temporary licenses, permits, use approval, facility 13 certification, and any other approvals required by the local government or any 14 other governmental bodies having jurisdiction by at least thirty (30) calendar days 15 prior to the opening day of classes. The Sponsor shall terminate this Contract with 16 no compensation to the School, if the School fails to obtain all permanent and 17 temporary licenses, permits, use approval, facility certification, and any other 18 approvals required by the local government or any other governmental bodies 19 having jurisdiction by at least thirty (30) calendar days prior to the opening day of 20 classes. 21 3) Facility Inspections: The School shall deliver to the Sponsor copies of any and 22 all facility inspections performed at any time by local governments or any other 23 governmental bodies having jurisdiction within 14 calendar days of the date of the 24 inspection, citation or notices of violations. Subsequent written proof of 25 compliance with any violations arising from such inspections, citations or notices 26 of violations, shall also be delivered to the Sponsor within fourteen (14) calendar 27 days. 28 4) District Inspection of Facility: The Sponsor may inspect the School facilities at 29 any time during the school year to ensure compliance with all applicable state 30 laws and building and zoning requirements. 31 B) Compliance with Building and Zoning /Requirements AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 39 of 74 1 1) Florida Building Code: The School shall use facilities that comply with the 2 Florida Building Code, pursuant to Chapter 553, including State Requirements for 3 Educational Facilities (SREF). 4 2) Florida Fire Prevention Code: The School shall use facilities that comply with 5 the Florida Fire Prevention Code. 6 3) Applicable Laws: The School shall comply with all applicable laws, ordinances, 7 and codes of federal, state, and local governance, including the IDEA, the ADA, 8 and section 504 of the Rehabilitation Act. The School shall obtain all necessary 9 licenses, permits, zoning, use approval, facility certification, and other approvals 10 required for use and continued occupancy of the facility as required by the local 11 government or other governmental agencies, and copies shall be provided to the 12 Sponsor. 13 a) The School's operation shall be subject to necessary local government 14 approvals including site plan approval pursuant to §1013.33, F.S., and if 15 applicable, review of traffic studies /analysis. The School may also be 16 required by the local government to provide amenities to ensure safe 17 access to children/pedestrians walking to the School. Zoning or other land 18 use development orders approving the School use, if issued by the local 19 government entity having jurisdiction over the area where the School 20 property is located, shall satisfy the review requirements of §1013.33, 21 F.S. 22 b) The School shall be responsible for all costs for, or associated with, 23 complying with local ordinances, securing licenses, permits, zoning, use 24 approval, facility certification, and other approvals, including, but not 25 limited to, application fees, advertising costs, surveyor costs, plan review 26 fees, permit costs and licensing costs, traffic analyses /studies, and any 27 other additional charges or surcharges by the local government or other 28 governmental agencies. 29 c) At all times, the School shall display a valid and current Certificate of 30 Occupancy, and other certificates required by building and fire 31 enforcement authorities, health and sanitation enforcement authorities and AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 40 of 74 I all other applicable enforcement agencies. 2 d) If the School fails to maintain valid licenses, permits, use approval, 3 facility certification, and any other approvals as required by the local 4 government or any other governmental bodies having jurisdiction at any 5 time during the term of this Contract, the Sponsor may withhold all 6 subsequent payments, without penalty of interest, to the School until 7 required permits, use approval, or facility certifications are obtained 8 and /or may terminate this contract. 9 4) Capacity of Facilities 10 a) The School shall not allow the enrollment at any time to exceed the 11 number of students permitted by zoning capacity, certificates of use and /or 12 occupancy, applicable laws and regulations. If the school is sharing a 13 facility with another entity -- The School shares the facilities with the 14 following school(s): N /A. At no time will the combined total enrollment 15 of all of the charters sharing any such facility exceed the CO and CU 16 capacities of the facility. If the School moves out of a shared facility, the 17 School must provide an audit of all equipment, educational materials, 18 supplies, curriculum materials and other items purchased with federal 19 grant funds and such items must be transferred to the School's new 20 location. 21 b) Any change to the official capacity should be reported, in writing with 22 appropriate supporting documentation, within 30 days of change. 23 5) Leased facilities: The School is owned by the City of Aventura. The City's 24 General Fund leases the school facilities to the City's Charter School Fund. A 25 copy of the lease shall be available to the Sponsor at least thirty (30) calendar 26 days before the initial opening day of classes. The lease shall be signed by the 27 City Manager. Emergencies: In unforeseen circumstances or emergencies, if the 28 facility is damaged or unable to safely house students /personnel, the School must 29 notify the Sponsor, immediately, and secure an alternative location to ensure no 30 interruption in instruction. The alternative location shall be subject to all facility 31 requirements indicated in this section. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 41 of 74 I C) Location 2 1) School's Street Address: The School will be located at 3333 N.E. 188th Street, 3 Aventura, Florida 33180; Folio No. 28- 2203 - 000 -0290. 4 2) Temporary Facility (if applicable): The School will be housed at a temporary 5 facility located at N/A from N/A to N /A. Thereafter, the School will be located at 6 the address indicated in paragraph 1 above. 7 3) Relocation: The school shall not change or add facilities except playfields that 8 may be adjacent to the school or locations at any time during the term of this 9 Contract without prior approval of the Sponsor through the Contract amendment 10 process. Violation of this provision constitutes a unilateral amendment or 11 modification of this Contract and good cause for termination. 12 4) Additional Campuses or Facilities, if applicable. N/A 13 D) Prohibition to Affix Religious Symbols: The School shall not display any religious or 14 partisan political symbols, statues, artifacts, etc., on or about the property and facilities 15 where the School will operate. 16 17 SECTION 6: TRANSPORTATION 18 A) Cooperation Between Sponsor and School: The School shall provide transportation to 19 the School's students consistent with the requirements of Part 1. E. of Chapter 1006, 20 Florida Statutes. The School may provide transportation through an agreement or 21 contract with a private provider or parents. 22 B) Reasonable Distance: The School shall provide transportation for students beyond a 23 reasonable distance from the School as provided by law. 24 C) Compliance with Safety Requirements: Private providers must be approved by the 25 Sponsor and comply with all applicable state and Sponsor's vehicle inspection and driver 26 certification requirements. 27 D) Fees: The School may not charge a fee for transportation to which the student is entitled 28 pursuant to state law. The School shall reimburse parents for parent - provided 29 transportation costs if the student is legally entitled to transportation. 30 E) Private Transportation Agreement: The School will provide the Sponsor the name of 31 the private transportation provider and a copy of the signed transportation contract at AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 42 of 74 I least ten (10) working days prior to the opening day of classes. 2 F) Reimbursement for School Provided Transportation: The rate of reimbursement to 3 the School will be equivalent to the reimbursement rate provided by the State for all 4 eligible transported students within the school district. 5 SECTION 7: INSURANCE AND INDEMNIFICATION 6 A) Indemnification of Sponsor 7 8 1) Indemnification for Professional Liability: The duty to indemnify for 9 professional liability as insured by the School Leaders Errors and Omissions 10 Liability Policy described in this Contract will continue in full force and effect 11 notwithstanding the expiration or early termination of this Contract with respect 12 to any claims based on facts or conditions which occurred prior to termination. In 13 no way shall the School Leader's Errors and Omissions Liability Policy's three 14 (3) year limitation on post- termination claims of professional liability impair the 15 Sponsor's claims to indemnification with respect to a claim for which the School 16 is insured or for which the School should have been insured under Commercial 17 General Liability Insurance. In addition, the School shall indemnify, defend, and 18 protect and hold the Sponsor harmless against all claims and actions brought 19 against the Sponsor by reason of any actual or alleged infringement of patent or 20 other proprietary rights in any material, process, machine or appliance used by the 21 School. 22 2) Notification of Third Party Claim, Demand, or Other Action: The School 23 shall notify the Sponsor of the existence of any third party claim, demand or other 24 action giving rise to a claim for indemnification under this provision (a "third - 25 party claim ") and shall give each other a reasonable opportunity to defend the 26 same at its own expense and with its own counsel, provided that the Sponsor shall 27 at all times have the right to participate in such defense at its own expense. If, 28 within a reasonable amount of time after receipt of notice of a third -parry claim, 29 the School shall fail to undertake to defend, the other party shall have the right, 30 but not the obligation, to defend and to compromise or settle (exercising 31 reasonable business judgment) the third -party claim for the account and at the risk AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 43 of 74 i and expense of the School, which the School agrees to assume. The School or the 2 Sponsor shall make available to each other, at their expense, such information and 3 assistance as each shall request in connection with the defense of a third -party 4 claim. 5 3) Indemnity Obligations: The School's indemnity obligations under this provision 6 and elsewhere in the Contract shall survive the expiration or termination of this 7 Contract. 8 B) Indemnification of School 9 The School shall not be obligated to indemnify the Sponsor against claims, damages, 10 expenses or liabilities to the extent these may result from the negligence of the Sponsor, 11 its directors, officers, employees, and subcontractors. 12 C) Sovereign Immunity 13 The School, to the extent immunity may be waived pursuant to §768.28, F.S., agrees to 14 indemnify, defend with competent counsel, and hold the Sponsor, its members, officers, 15 and agents, harmless from any and all claims, actions, costs, expenses, damages, and 16 liabilities, including reasonable attorney's fees, arising out of, connected with or resulting 17 from: (a) the negligence of the School's employees, contractors, subcontractors, or other 18 agents in connection with and arising out of their services within the scope of this 19 Contract; (b) disciplinary action or the termination of a School employee; (c) the debts 20 accrued by the School and /or non - payment of same; (d) the School's material breach of 21 this Contract or violation of law; (e) any failure by the School to pay its suppliers or any 22 subcontractors; or (f) personal injury, property damage, or violations of civil rights that 23 may arise out of, or by reason of actions of the School and /or its employees, agents, and 24 representatives. 25 D) Acceptable Insurers 26 1) Acceptable Insurance Providers: Insurance providers must be authorized by 27 subsisting certificates of authority by the Department of Financial Services of the 28 State of Florida, or (II) an eligible surplus lines insurer under Florida Statutes. In 29 addition, the insurer must have a Best's Rating of "A" or better and a Financial 30 Size Category of "VI" or better, according to the latest edition of Best's Key 31 Rating Guide, published by A.M. Best Company. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 44 of 74 1 2) Insurance Provider Compliance: If, during this period when an insurer is 2 providing the insurance as required by this Contract, an insurer fails to comply 3 with the foregoing minimum requirements, as soon as the School has knowledge 4 of any such failure the School shall immediately notify the Sponsor and promptly 5 replace the insurance with insurance provided by another insurer meeting the 6 requirements. Such replacement insurance coverage must be obtained within 7 twenty (20) days of cancellation or lapse of coverage. 8 3) Minimum Insurance Requirements: Without limiting any of the other 9 obligations or liabilities of the School, the School shall, at the School's sole 10 expense, procure, maintain and keep in force the amounts and types of insurance 11 conforming to the minimum requirements set forth in this Contract. Except as 12 otherwise specified in this Contract, the insurance shall commence prior to the 13 commencement of the opening of the School and shall be maintained in force, 14 without interruption, until this Contract is terminated. 15 E) Commercial and General Liability Insurance 16 1) Liabilities Required: School's insurance shall cover the School for those sources 17 of liability (including, without limitation, coverage for operations, 18 Products /Completed Operations, independent contractors, and liability 19 contractually assumed) which would be covered by the latest occurrence form 20 edition of the standard Commercial General Liability Coverage Form (ISO Form 21 CG 00 01), as filed for use in the State of Florida by the Insurance Services 22 Office. 23 2) Minimum Limits: The minimum limits to be maintained by the School (inclusive 24 of any amounts provided by an umbrella or excess policy) shall be $1 million per 25 occurrence /$3 million annual aggregate. 26 3) Deductible/Retention: Except with respect to coverage for Property Damage 27 Liability, the Commercial General Liability coverage shall apply on a first- dollar 28 basis without application of any deductible or self - insured retention. 29 4) Occurrence /Claims: The coverage for Property Damage Liability may be subject 30 to a maximum deductible of $1,000 per occurrence. 31 5) Additional Insureds: The School shall include the Sponsor and its members, AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 45 of 74 I officers, and employees as Additional Insured on the required Commercial 2 General Liability Insurance. The coverage afforded such Additional Insured shall 3 be no more restrictive than that which would be afforded by adding the Sponsor 4 as Additional Insured using the latest Additional Insured - Owners, Lessees or 5 Contractors (Form B) Endorsement (ISO Form CG 20 10). The certificate of 6 insurance shall be clearly marked to reflect "The Sponsor (The School Board of 7 Miami -Dade County, Florida), its members, officers, employees, and agents as 8 Additional Insured." 9 F) Automobile Liability Insurance 10 1) Coverage: The School's insurance shall cover the School for those sources of 11 liability which would be covered by Section 11 of the latest occurrence edition of 12 the standard Business Auto Policy (ISO Form CA 00 01), including coverage for 13 liability contractually assumed, as filed for use in the State of Florida by the 14 Insurance Services Office. Coverage shall be included on all owned, non - owned, 15 and hired autos used in connection with this Contract. 16 2) Occurrence /Claims and Minimum Limits: The minimum limits to be 17 maintained by the School (inclusive of any amounts provided by an umbrella or 18 excess policy) shall be $1 million per occurrence, and if subject to an annual 19 aggregate, $3 million annual aggregate. 20 G) Workers' Compensation/Employers' Liability Insurance 21 1) Coverage: The School's insurance shall cover the School (and to the extent its 22 subcontractors and its sub - subcontractors are not otherwise insured) for those 23 sources of liability which would be covered by the latest edition of the standard 24 Workers' Compensation Policy, as filed for use in Florida by the National 25 Council on Compensation Insurance, without restrictive endorsements. In 26 addition to coverage for the Florida Workers' Compensation Act, where 27 appropriate, coverage is to be included for the Federal Employers' Liability Act 28 and any other applicable federal or state law. 29 2) Minimum Limits: Subject to the restrictions found in the standard Workers' 30 Compensation Policy, there shall be no maximum limit on the amount of 31 coverage for liability imposed by the Florida Workers' Compensation Act or any AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 46 of 74 I other coverage customarily insured under Part One of the standard Workers' 2 Compensation Policy. The minimum amount of coverage for those coverages 3 customarily insured under Part Two of the standard Workers' Compensation 4 Policy shall be: EL Each Accident: $500,000; EL Disease - Policy Limit: 5 $500,000; EL Disease -Each Employee: $500,000. 6 H) School Leader's Errors and Omissions Liability Insurance 7 1) Form of coverage: The School shall provide School Leader's Errors and 8 Omissions Liability Insurance shall be on a form acceptable to the Sponsor and 9 shall cover the School for those sources of liability typically insured by School 10 Leader's Errors and Omissions Liability Insurance, arising out of the rendering or 11 failure to render professional services in the performance of this Contract, 12 including all provisions of indemnification, which are part of this Contract. 13 2) Coverage Limits: The minimum limits to be maintained by the School inclusive 14 of any amounts provided by an umbrella or excess policy, shall be $1 million per 15 claim/annual aggregate. 16 3) Occurrence /Claims: The insurance shall be subject to a maximum deductible not 17 to exceed $25,000 per claim. If the insurance is on a claims -made basis, the 18 School shall maintain, without interruption, the Professional Liability Insurance 19 until three (3) years after termination of this Contract. 20 I) Property Insurance 21 1) Structure Requirements: If the School is the owner and /or has a mortgage on 22 the school site location, the School shall furnish on a form acceptable to the 23 Sponsor, Property Insurance for the "Building" which is to include the structure 24 as described in this Contract, including permanently installed fixtures, machinery 25 and equipment, outdoor fixtures, and personal property to service the premises. If 26 the Building is under construction, the School shall provide evidence of property 27 insurance for the additions under construction and alterations, repairs, including 28 materials, equipment, supplies, and temporary structures within 100 feet of the 29 premises. 30 2) Additional Requirements: In addition, the School shall provide evidence of 31 business personal property coverage to include furniture, fixtures, equipment, and AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 47 of 74 I machinery used in the School. 2 3) Business Personal Property Insurance: If the School leases the site location, 3 then the School shall provide on a form acceptable to the Sponsor no later than 4 thirty (30) calendar days prior to the opening of school, evidence of business 5 personal property insurance, to include furniture, fixtures, equipment and 6 machinery used in the School. 7 J) Applicable to All Coverage 8 1) Other Coverage: The insurance provided by the School shall apply on a primary 9 basis and any other insurance or self - insurance maintained by the Sponsor or its 10 members, officers, employees or agents, shall be in excess of the insurance 11 provided by or on behalf of the School. 12 2) Deductibles/Retention: Except as otherwise specified, the insurance maintained 13 by the School shall apply on a first- dollar basis without application of deductible 14 or self - insurance retention. 15 3) Liability and Remedies: Compliance with the insurance requirements of this 16 Contract shall not limit the liability of the School, its subcontractors, its 17 sub- subcontractors, its employees or its agents to the Sponsor or others. Any 18 remedy provided to the Sponsor or its members, officers, employees or agents by 19 the insurance shall be in addition to and not in lieu of any other remedy available 20 under the Contract or otherwise. 21 4) Subcontractors: The school shall require its subcontractors and its sub - 22 subcontractors to maintain any and all insurance required by law. 23 5) Default Upon Non - Compliance: Failure to comply with this section or to 24 maintain the requisite insurance coverage shall constitute a material breach of this 25 Contract and constitute good cause for termination. 26 SECTION 8: GOVERNANCE 27 A) Public or Private Employer: The School shall be a private employer. If the School 28 elects to be a public employer, the School may participate in the Florida Retirement 29 System upon application and approval as a "covered group" under Fla. Stat. § 30 121.021(34). If a charter school participates in the Florida Retirement System, the charter 31 school employees shall be compulsory members of the Florida Retirement System. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 48 of 74 I Teachers and other staff on approved charter school leave from the Sponsor will be 2 considered employees of the School and will not be covered by the contract between the 3 United Teachers of Dade (UTD) and M -DCPS. 4 B) Governing Board Responsibilities 5 1) Organizational Composition:The seven member, duly elected representatives of 6 The City of Aventura Commission, will serve as the School's Board of Directors 7 (Board). The primary responsibility of the Board is to lead in the identification 8 and development of broad goals and specific objectives to be accomplished by the 9 School. The Board supports these goals and objectives by annually adopting and 10 operating budget. 11 2) School Operations: The Board will oversee the City Manager who will be 12 responsible for the day -to -day operations of the school and exercise continuing 13 oversight over the School's operations. The City's agreement with the education 14 management company shall ensure that all the provisions herein and in the 15 application attached hereto as Appendix A shall be enforced. 16 3) Accountability: The School will be held accountable to its students, 17 parents /guardians, and the community at large, through a continuous cycle of 18 planning, evaluation, and reporting as required by law. 19 4) School Policy and Decision Making: The City Manager, pursuant to Resolution 20 No. 2003 -45 and the Municipal Charter of the City of Aventura, in consultation 21 with School staff, shall be responsible for all policy decision making of the 22 School, including creating /adjusting the curriculum and developing and adopting 23 an annual budget. 24 5) School Employee Supervision: The Principal shall be an employee of the City 25 and shall be directly supervised by the City Manager. The City may employ other 26 key personnel of the School who shall be directly supervised by the Principal. The 27 teachers, support staff, and contractual staff will be directly supervised by the 28 Principal or the education management company, as applicable. 29 6) Educational Excellence School Advisory Council: The School shall establish 30 an Educational Excellence School Advisory Council ( EESAC) pursuant to state 31 law. The School shall establish EESAC by -laws; define the membership; develop AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 49 of 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 election procedures; and post all meeting agendas and minutes pursuant to § 286.011, F.S. Notices of all EESAC meetings must be posted at the School, at the location of the meeting, and at the M -DCPS Citizen Information Center at least five (5) days prior to the meeting. Additionally, all bylaws and minutes must be posted using the M -DCPS website and adhere to timelines established by the Sponsor and EESAC bylaws. 7) 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 and community it is developed to serve. School Fiscal Agent: The School shall be involved from the inception in administrative functions, pursuant to such rules and policies as are developed by the City Manager consistent with the standards for other public schools. 8) Eligible Members of the Governing Body: No employee of the School may be a member of the governing body. 9) Governing Board Compensation: No member of the School's governing board shall receive compensation, directly or indirectly, from the School's operations, including but not limited to grant funds. Violation of this provision shall constitute a material breach of the Contract and good cause for termination. 10) School/Parent Contract: The School agrees to submit any Parent Contracts to the Sponsor for approval. Any amendments to the Parental Contract shall be submitted in advance to the Sponsor for approval. The School shall not use the Parent Contract to discriminate, involuntarily withdraw, or create a financial burden or any other barrier to enrollment. At a minimum, all communication to parents, including Parent Contracts, shall be provided in English, Spanish and Haitian - Creole, as appropriate. Attached, as Q, is the School's Parent Contract. 11) Governing Board Reporting: The City Manager representing the Governing Board shall periodically report the School's academic progress to all stakeholders. 12) Governance Training: Pursuant to state law, the School's governing board members shall participate in charter school governance training facilitated by an approved Florida Department of Education vendor. 13) Employment of Relatives: The School and its employees shall comply with state A VENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 50 of 74 I law prohibiting the employment of relatives which prohibits the appointment, 2 employment, promotion, or advancement, or the advocacy for appointment, 3 employment, promotion, or advancement in or to a position in the charter school 4 in which the personnel are serving or over which the personnel exercises 5 jurisdiction or control of an individual who is a relative. 6 C) Public Records: The School shall comply with Ch. 119, F.S., (the Public Records Act), 7 and all other applicable statutes pertaining to public records. 8 D) Reasonable Access to Records by Sponsor: The School shall provide the Sponsor 9 access to public records, at no cost, related to the governing board. Failure to provide 10 such access will constitute a material breach of this Contract and good cause for 11 termination. 12 E) Sunshine Law: The School's governing board meetings shall take place locally and in a 13 physical location and facility that is easily accessible to the School's parents, students 14 and employees, be publicized in advance to the school community and be open to the 15 public pursuant to §286.011, F.S., (the Sunshine Law): Parents /guardians shall be �. 16 encouraged to attend. Notification shall be available in languages other than English, 17 where appropriate, e.g., Spanish, and Haitian - Creole. 18 F) Reasonable Notice of Governing Board Meetings 19 1) Notice of Governing Board Meetings: The school shall publish on the School's 20 website a schedule of all governing board meetings for the school year including 21 the date, time and location of meetings. By July 15 annually, the school shall 22 provide the Sponsor the annual schedule of governing board meetings. The school 23 shall provide reasonable notice to the sponsor of any changes or cancellation of 24 scheduled meetings. 25 2) Governing Board Meeting Requirements: For those schools that are in their 26 first year of operation or who have been declared to be in a state of financial 27 emergency, and /or who have been designated as a Correct Il (School Grade F) or 28 a Prevent 11 (School Grade D), the governing board shall meet at least monthly. 29 The governing boards for schools that do not meet any of the above criteria shall 30 meet no less than two times per year The meetings must be noticed, open, and 31 accessible to the public and attendees must be provided the opportunity to receive AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 51 of 74 I information and provide input regarding the School's operations. The City 2 Manager and charter school principal or director, or his or her equivalent, must be 3 physically present at each meeting. 4 G) Identification of Governing Board Members 5 1) Governing Board Member Eligibility and Clearance: The School's governing 6 board members shall be fingerprinted by the Sponsor prior to the approval of the 7 School's Contract. New members elected to the governing board after the 8 approval of the School's Contract must be fingerprinted within thirty (30) days of 9 their appointment. The cost of fingerprinting shall be borne by the School or the 10 governing board member. Commission members whose fingerprint check results 11 reveal non- compliance with standards of good moral character shall not be 12 eligible to serve on the governing board. Any change in governing board 13 membership must be reported to the Sponsor in writing within 48 hours of the 14 change. Any violation of this provision will result in the withholding of FTE 15 payments, without interest, until the violation is cured and constitutes good cause 16 for termination. 17 SECTION 9: EDUCATION SERVICE PROVIDER 18 A) Education Service Provider Agreement 19 1) School Use of ESP Services 20 a) The contract between the School and the education service provider/ 21 management company (ESP) shall require that the ESP operate the School 22 in accordance with the terms stipulated in this Contract and all applicable 23 laws, ordinances, rules, and regulations. The contract between the School 24 and the ESP shall allow the School the ability to terminate the contract 25 with the ESP. 26 b) Neither employees of the ESP nor members of the management 27 company's employees' families, as defined in School Board Policy, 0100, 28 Definitions, shall sit on the School's governing board or serve as officers 29 of the Corporation. 30 c) The Principal shall be employed by the City and evaluated by the City 31 Manager. The Principal shall not own, operate, or serve as an officer of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 52 of 74 I the management company that serves the School. 2 d) The contract between the ESP and the City shall ensure that an "arms - 3 length," performance -based relationship exists between the City and the 4 ESP. 5 e) The contract between the City and the management company shall require 6 that the management company disclose to the School and the Sponsor, any 7 affiliations with individuals or entities (e.g. lessors, vendors, consultants, 8 etc.) doing business with the School. 9 f) The contract shall obligate the School to pay the ESP a reasonable, 10 specific fee for services. 11 g) Any default or breach of the terms of this Contract by the management 12 company shall constitute a default or breach by the School under the terms 13 of the Contract between the School and Sponsor. 14 2) Submission of ESP Agreement: The contract between the management company 15 and the City shall be submitted to the Sponsor prior to the approval of the 16 School's Contract, or at the time an ESP is contracted. 17 3) Amendments to ESP contract: All proposed amendments to the contract 18 between the management company and the City shall be submitted in advance to 19 the Sponsor for review. A copy of the amended management agreement shall be 20 provided to the Sponsor within five (5) days of execution. 21 4) ESP Contract Amendments: If the City and the ESP amend their contract in a 22 manner that results in a material change to the charter, this Contract will require 23 modification through the contract amendment process. 24 5) Change of ESP: If the School changes ESP companies, Contract modification 25 may be required. 26 SECTION 10: HUMAN RESOURCES 27 A) Hiring Practices: The School shall implement the plan, policies and procedures 28 including how the School will determine whether any potential employees are related to 29 ESP owners or employees or to governing board members, as described in Section 12 of 30 the application: Human Resources. The Governing Board of the charter school, through 31 its City Manager pursuant to Resolution No. 2003 -45 and the Municipal Charter of The AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 53 of 74 I City of Aventura, will employ qualified, professional staff, contract with qualified 2 entities for administrative, management and/or educational services; and /or utilize the 3 services of a professional education management company for all the daily operations of 4 the School. The principal and other key personnel shall be employees of the City. An 5 education management company or other qualified entity will be the actual employer of 6 the School staff. All employees of the School will receive benefits including health, 7 retirement and all other benefits prescribed by Federal and State Labor Law. City 8 employees shall be hired pursuant to the personnel policies and procedures of the City. 9 City employees shall be hired pursuant to the personnel policies and procedures of the 10 City. The School shall contract with the education management company or qualified 11 entity to hire all other School employees, and shall submit annually to the Sponsor its 12 written strategies used to recruit, hire, train, and retain qualified staff. The School agrees 13 that its employment practices shall be nonsectarian pursuant to Fla. Stat. § 1002.33(9)(a). 14 1) Reporting Staffing Changes: The School shall provide the Sponsor with the 15 names and social security numbers of all applicants the School is interested in 16 employing. The School shall provide the Sponsor copies of monthly payroll 17 rosters as directed. The payroll rosters shall indicate the payroll period, hire date 18 of employee, the number of days that each individual was paid for, and the daily 19 rate of each salary or the total amount paid to each individual during that period. 20 Failure to provide this information in a timely manner may result in withholding 21 of FTE payments until the information is provided and shall constitute a breach of 22 this Contract and good cause to terminate the Contract. The parties agree that the 23 School will use the Sponsor's specifically- designed charter school employee 24 management system and procedures for processing staff information. The Sponsor 25 shall provide appropriate training to School personnel on the use of the electronic 26 reporting facility. 27 2) Non - Discriminatory Employment Practices: The City and the school shall 28 provide equal opportunity in employment, in accordance with Title VII and the 29 Sponsor's antidiscrimination rules and policies. 30 3) Teacher Certification and Highly Qualified: All instructional staff, including 31 substitutes and paraprofessionals, employed by or under contract to the School AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 54 of 74 I shall be certified as required by Ch. 1012, F.S.,, and shall meet all requirements 2 for highly qualified instructional personnel as defined by NCLB. The School may 3 employ or contract with skilled selected non - certified personnel to provide 4 instructional services or to assist instructional staff members as education 5 paraprofessionals in the same manner as defined in Chapter 1012. Staff 6 resumes/biographies shall be available to parents /guardians and community 7 members upon request. The School shall provide continuing professional 8 development programs for its teachers. 9 a) The School shall not employ an individual for instructional services if the 10 individual's certification or licensure as an educator is suspended or 11 revoked by this or any other state. The School shall monitor teacher 12 certification and ensure that teachers maintain their certification current at 13 all times. Temporary instructors employed by the School must have a 14 current substitute teaching certificate issued by the Sponsor. 15 b) The School shall not employ an individual who has resigned in lieu of 16 disciplinary action or who has been dismissed by any school district. 17 c) For blended- learning programs, instructional personnel may be employees 18 of the charter school or may be contracted to provide instructional 19 services. At a minimum, the instructional personnel must hold state 20 certification as required by §1012.55, F.S., or school district adjunct 21 certification under §1012.57, F.S., for the subject area of the blended 22 learning course. 23 4) Fingerprinting and Background Screening 24 a) Pursuant to § §1012.32(2)(a), 1012.465, and 435.04, F.S., and School 25 Board Policy 1121.01, Employment Standards and Fingerprinting, as well 26 as 2005 HB 1877, the Jessica Lunsford Act, the School shall fingerprint 27 for level 2 screening of all applicants, for instructional and non - 28 instructional positions, that the School is interested in employing. 29 Additionally, the School agrees that each of its employees, 30 representatives, agents, subcontractors, or suppliers who are permitted 31 access on school grounds when students are present, who have direct AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 55 of 74 I contact with students or who have access to or control of school funds 2 must meet level 2 screening requirements as described in §§ 1012.32 and 3 435.04, F.S. 4 b) The Sponsor shall perform the processing of each applicant's fingerprints. 5 The School or the applicant shall bear any and all costs associated with the 6 required fingerprinting and level 2 background screening. 7 c) The School shall not hire School employees prior to the Sponsor's receipt 8 and review of the fingerprinting and level 2 background screening results 9 of the charter school applicants from the Florida Department of Law 10 Enforcement and the Federal Bureau of Investigation. Potential School 11 employees shall submit official court dispositions for criminal offenses of 12 moral turpitude listed as part of their fingerprint results. The School shall 13 not hire applicants whose fingerprint check and level 2 screening results 1.4 reveal non - compliance with standards of good moral character. 15 Noncompliance may result in withholding of FTE payments, without 16 interest, and shall constitute good cause to terminate this contract. 17 d) The School shall conduct general drug screening on all applicants for 18 instructional and non - instructional positions, including contracted 19 personnel, pursuant to the Sponsor's School Board Policy 1124, Drug - 20 Free Workplace, and the Miami -Dade County Public Schools' Drug -Free 21 Workplace General Policy Statement (Appendix R). A negative drug 22 screening result shall be a requirement and prerequisite for employment. 23 The cost of drug screening shall be borne by the School or the applicant. 24 B) Employment Practices 25 1) Statutory Prohibition and Required Disclosure regarding Hiring of 26 Relatives: The School and its employees shall comply with state law prohibiting 27 the employment of relatives which prohibits the appointment, employment, 28 promotion, or advancement, or the advocacy for appointment, employment, 29 promotion, or advancement in or to a position in the charter school in which the 30 personnel are serving or over which the personnel exercises jurisdiction or control 31 of an individual who is a relative. AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 56 of 74 1 2) Self- Reporting of Arrests: The School shall require all instructional employees 2 who hold Department of Education teaching certificates to self -report within 48 3 hours to appropriate authorities any arrest and final dispositions of such arrest 4 other than minor traffic violations. 5 3) Standards of Behavior: The School shall require employees to adhere to School 6 Board Policy 3210, Standards of Ethical Conduct, and School Board 3271, 7 Weapons, prohibiting employees from bringing firearms onto School property. 8 The School shall be responsible for the investigation and discipline of any School 9 employee who may be in violation of these Rules. 10 4) Code of Ethics: The School shall require that its employees abide by the Florida 11 Code of Ethics of the Education Profession in Florida, and Principles of 12 Professional Conduct for the Education Profession in Florida (Appendix S). The 13 School shall be responsible for the investigation and discipline of any School 14 employee who may be in violation of these regulations. 15 5) Personnel Policy: The School shall comply with its policy for selecting and 16 employing personnel (Appendix T). 17 6) Collective Bargaining: School employees shall have the option to bargain 18 collectively and may collectively bargain as a separate unit or as part of the 19 existing School District collective bargaining unit as determined by the structure 20 of the School. 21 7) Immigration Status: The School shall employ only individuals legally 22 authorized to work in the United States pursuant to federal immigration laws and 23 USCIS regulations. 24 8) Employee Discipline: The School shall discipline its employees pursuant to state 25 law and rules and any applicable federal laws. The School shall apply thorough, 26 consistent, and even - handed procedures in disciplinary actions. Terminated 27 employees are entitled to receive compensation for the time they have been 28 employed. 29 9) Employee Evaluation: The School shall annually evaluate all instructional 30 employees pursuant to state law. 31 C) Sponsor Training of School's Employees AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 57 of 74 1 1) Participation and Cost for Training Activities 2 a) Participation in federally funded training: The Sponsor shall provide 3 federally funded professional development activities to school employees 4 at no cost to the School. 5 b) Participation in non - federally funded training: The Sponsor shall 6 provide professional development activities to school employees on a 7 space available basis. The School shall pay all additional costs associated 8 with such activities and the same rates and reimbursement calculations 9 currently charged to the sponsor. 10 11 SECTION 11: REQUIRED REPORTS/DOCUMENTS 12 The School shall provide all required reports and documents as specified in Appendix U. The 13 Sponsor may require the School to provide additional reports and /or documents if necessary. 14 SECTION 12: MISCELLANEOUS PROVISIONS 15 A) Impossibility: Neither party shall be considered in default of this Contract if the 16 performance of any section or all of this Contract is prevented, delayed, hindered or 17 otherwise made impracticable or impossible by reason of any strike, flood, hurricane, 18 riot, fire, explosion, war, act of God, sabotage, accident or any other casualty or cause 19 beyond either party's control, and which cannot be overcome by reasonable diligence and 20 without extraordinary expense. 21 B) Notice of Claim 22 1) Time to Submit: At least thirty (30) days prior to the initial opening day of 23 classes, the School shall furnish the Sponsor with fully completed Certificate(s) 24 of Insurance signed by an authorized representative of the insurer(s) providing all 25 required coverage. 26 2) Notification of Cancellation: The School shall notify the Sponsor in writing of 27 cancellation of insurance within ten (10) days of the cancellation. 28 3) Renewal/Replacement: Until such time as the insurance is no longer required 29 to be maintained by the School, the School shall provide the Sponsor with w 30 evidence of the renewal or replacement of the insurance no less than thirty AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 58 of 74 1 (30) days before the expiration or termination of the required insurance. 2 C) Drug -Free Workplace: The School shall be a drug -free workplace pursuant to the 3 Sponsor's rules. 4 D) Entire Agreement: This Contract shall constitute the full, entire, and complete 5 agreement between the parties. All prior representations, understandings, and 6 agreements whether written or oral are superseded and replaced by this Contract. This 7 Contract may be altered, changed, added to, deleted from, or modified only through the 8 voluntary, mutual consent of the parties in writing. Any substantial amendment to this 9 Contract shall require approval of the School Board. to E) No Assignment: This Contract shall not be assigned by either party. The School may, 11 without the consent of the Sponsor, enter into contracts for services with an individual or 12 group of individuals organized as a partnership or cooperative so long as the School 13 remains ultimately responsible for those services as set forth in this Contract. 14 F) No Waiver: No waiver of any provision of this Contract shall be deemed or shall 15 constitute a waiver of any other provision unless expressly stated. The failure of either 16 party to insist in any one or more instances upon the strict performance of any one or 17 more of the provisions of this Contract shall not be construed as a waiver or 18 relinquishment of the term or provision, and the same shall continue in full force and 19 effect. No waiver or relinquishment to any provision of this Contract shall be deemed to 20 have been made by either party unless in writing and signed by the parties. 21 G) Default: Non- compliance with any of the terms and conditions of this Contract shall 22 constitute good cause for termination. 23 H) Survival Including Post - Termination: All representations and warranties made in this 24 contract shall survive termination of this contract. 25 I) Severability: If any provision or any section of this Contract is determined to be 26 unlawful, void or invalid, that determination shall not affect any other provision or any 27 section of any other provision of this Contract and all remaining provisions shall 28 continue in full force and effect 29 T) Third Party Beneficiary: This Contract is not intended to create any rights of a third 30 party beneficiary. This clause shall not be construed, however, as contrary to any 31 statutory or constitutional right possessed by a member of the community, a student, or AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 59 of 74 I parent/guardian of a student of the School. 2 K) Choice of Laws: This Contract is made and entered into in the State of Florida and shall 3 be interpreted according to the laws of Florida, with venue in Miami -Dade County. The 4 parties mutually agree that the language and all parts of this Contract shall in all cases be 5 construed as a whole according to its fair meaning, and not strictly for or against any of 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 the parties. L) Notice: Every notice, approval, consent or other communication authorized or required by this Contract shall not be effective unless it is in writing and sent postage prepaid by United States mail, directed to the other party at the address provided or such other address as either party may designate in writing from time to time: Aventura City of Excellence Charter School Eric M. Soroka, City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Aventura City of Excellence Charter School Julie Alm, Principal 3333 N.E. 188' Street Aventura, Florida 33180 The School Board of Miami -Dade County, Florida Attn.: Superintendent 1450 N.E. 2nd Avenue, Suite 931 Miami, FL 33132 -1308 And copies of all Notices to: Clerk of the School Board 1450 N.E. 2nd Avenue, Suite 268B Miami, FL 33132 -1308 M) Authority: 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 parry for whom he or she signs and that he or she enters into this Contract of his or her own free will and AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 60 of 74 i accord and with his or her own judgment, and after consulting with anyone of his or her 2 own choosing, including but not limited to his or her attorney. The School and the 3 Sponsor both represent that they have been represented in connection with the 4 negotiation and execution of this Contract and they are satisfied with the representation. 5 N) Conflict/Dispute Resolution 6 1) Contractual Conflicts: If a conflict arises out of the terms, construction, or rights 7 or obligations contained in this Contract, the Sponsor or the School may either 8 use the Dispute Resolution Procedure contemplated within Appendix V, or 9 pursuant to Fla. Stat. § 1002.33(6)(i). This provision does not apply to non- 10 renewals or terminations. 11 2) School Stakeholder Conflicts: All conflicts between the School and the 12 parents /legal guardians of the students enrolled at the School shall be handled by 13 the School or its City Manager. Evidence of each parent's /guardian's 14 acknowledgement of the School's Parent Conflict Resolution Process shall be 15 available for review upon request by the Sponsor. 16 3) Contractual Priority: In the event of any conflict between the provisions of this 17 Contract and any Appendix, this Contract shall prevail. 18 O) Citations: All citations of legal authority, including Sponsor's rules, shall refer to 19 those in effect when this contract is executed, subject to any subsequent amendments. 20 P) Headings: Headings in the Contract are for convenience and reference only and in no 21 way define, limit, or describe the scope of the Contract and shall not be considered in the 22 interpretation of the Contract or any provision hereof. 23 Q) M -DCPS Police: MDCPS School Police may accompany District officials in executing 24 the Sponsor's monitoring responsibilities and other official business. 25 26 27 28 29 30 31 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL —Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 61 of 74 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year first above written. 16 17 ATTEST: THE CITY OF AVENTURA, FLORIDA, on behalf of AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL 18 19 20 By: By: Signature of City Clerk Date Signature of City Manager Date 21 22 23 Name: Name: City Clerk City Manager 24 25 26 ATTEST: THE SCHOOL BOARD OF MIAMI - DADE COUNTY, FLORIDA 27 AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL — Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 62 of 74 1 2 3 4 s 6 VA 8 9 By: Signature of Secretary Name: Alberto M. Carvalho Secretary APPROVED AS TO FORM: By: Date Signature of Board Chair Date By: School Board Attorney Date Name: School Board Attorney Name: Perla Tabares Hantman Board Chair AVENTURA CITY OF EXCELLENCE CHARTER SCHOOL -Third Amendment to the Standard Contractual Agreement June 13, 2012 Page 63 of 74