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04-20-2017 Commission Meeting AgendaCity Commission Enid Weismann, Mayor Marc Narotsky, Vice Mayor Demise Landman, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, Commissioner City Manager Eric Mo Soroka, 1CMA-CM City Clerk Ellllisa leo Horvath, MMC City Attorney Weiss Scrota Helfmarn Cole & Bierman CITY COMMISSION MEETING AGENDA APRIL 20, 2017 9:00 a.m. Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. RESOLUTION: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN PLANNING AGREEMENT FOR THE AVENTURA CHARTER HIGH SCHOOL BETWEEN CHARTER SCHOOLS USA, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 3. ORDINANCES - FIRST READING - PUBLIC INPUT: CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2017/2018 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2016/2017 (JULY 1 - JUNE 30) BY REVISING THE 2016/2017 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. AVENTURA CITY CONDUSSION MEETING AGENDA APRIL 20, 2017 PAGE 2 OF 2 4. MOTION TO APPROVE CITY MANAGER'S PERFORMANCE EVALUATION AS OUTLINED ON EXHIBIT "A". 5. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory Boards may be in attendance and may participate at the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-8901. CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMO- - NDUM TO: City Commission FROM: Eric M. Soroka, Mana-;er DATE: April 13, 2017 SUBJECT: Resolution Authorize Execution of Planning Agreement for the Aventura High School April 20, 2017 City Commission Meeting Agenda Item aZ RECOMMENDATION It is recommended that the City Commission authorize the execution of the Planning Agreement for the Aventura High School between the City and Charter Schools USA (CSUSA). BACKGROUND As directed at the March Workshop Meeting, attached for your consideration, is the Planning Agreement that has been negotiated with CSUSA. The Planning Agreement provides for planning, set-up, design and development activities including the acquisition of the Charter prior to the actual commencement of the operations of the school to have a fully operational school for the 2019/20 school year. It is an extensive Agreement that incorporates the requirements necessary to have a successful school opening based on the City's timeline. The Agreement has been reviewed by the City Attorney's office. When the Planning Agreement expires, it will be replaced with a Management Agreement to operate the School once it opens. The major points of the Agreement are as follows: 1. The Agreement is for over a 26 month period expiring on June 30, 2019. 2. Services to be provided by CSUSA: a. Charter School Application, which will be filed by August 1, 2017. b. Facilities Planning and Development to ensure that the design and function meet the specifications for CSUSA's educational program. Memo to City Commission Page 2 CSUSA will be responsible for purchasing all furniture, fixtures, equipment, books, technology devices and supplies. c. Operations Planning and Development including parent meetings. d. Management Information Systems including the design, purchase and installation of an MIS system consistent with the Charter High School's purpose and goals. e. Personnel Administration including recruiting and employing all staff to operate the school. The principal shall be hired by February 2019 and the City Manager has the right to disapprove any candidate for principal. In the event the Agreement is terminated all employment agreements are to be assigned to the City. f. Payroll Administration g. Public Relations provides for the coordination with the City on all public relations for the school. h. Contract Administration including cafeteria management, janitorial services, building maintenance and transportation services. i. Budget including preparation and submission to the City for the 2019/20 school year by December 2018. The City will create a Charter High School Special Revenue Fund to account for all revenues and expenditures associated with the High School. j. Program Outline and Curriculum. CSUSA shall develop a program outline that includes the curriculum and academic theme for the Charter High School. The program and space design will reflect the City's desire for a rigorous, college preparatory school with multiple academic offerings, innovative instruction methods, and a facility design that contemplates and open flexible learning environment to facilitate the digital native learning styles of 21st century students. The school is intended to become a premier public high school option in the City providing the environment for the student to be fully prepared academically and personal for any college or university challenges. CSUSA shall explore dual enrollment opportunities with local colleges. 3. Requires monthly written reports and financial statements. 4. The City shall provide funds in conformance with the agreed upon budget and Charter School Application, to cover costs and expenses associated with the planning and development, which costs and expenses shall include, startup funding and FF&E and CSUSA Fees. All funds expended by the City pursuant to this Section, including professional services contract fees and other out-of-pocket costs and expenses, shall be reimbursed to the City from Charter High School Memo to City Commission Page 3 revenues and/or startup grants from the State of Florida. The reimbursement schedule shall be included in the proposed Charter High School Annual Budget. 5. The fee for the 26 month period is $170,000, including a $20,000 upfront payment with the execution of the Agreement. 6. The Agreement may be terminated with or without cause. The Agreement may be terminated without cause for the following reasons: a. The Management Agreement may supersede the Planning Agreement if both parties agree. b. The City is unable to receive approval or its Charter High School Application. c. Changes in Federal, State or local law which would materially impact the ability to design, build or maintain the Charter High School. 7. Establishes the requirements and procedures for the transfer of functions and documents from CSUSA in the event the Agreement is terminated, including the assignment of employees and contracts for the school. If you have any questions, please feel free to contact me. EMS/aca Attachment CC01698-17 D T E v z D 4 c C C CT Di 0 = t-1- O rN-r O O N NO '� O CCD NO v V O F-' N 1-4 1-4 l0 0O 00 ON v l0 N n � n N fD n N n- 5' v fD - fD O C ::4.- ? C 00- n q f I < N (D 00 (D N' �' Q. al - • Q O rt Di0 C ro _ m- C f7 CD D = = _0 �' v 0 M- -N 0 < . : C vv fD rt 0 O N rt r+ fD fDO O � rt _cli rD-,. r--t (n > 0 O O '-� —,, n (I) -0 O C C 0 0C rt E -, (D O = D n0 O O n -o ffD 0 D O — 0) r-f- c� r_+ _ Q. — C O O F -v)- r+ (I) O O rt cu n Cl.)-s v = O O 0 r CU -o Q Cr N (-- ,0 _e71C 0 = CPCI rt O-0 Z7 O 0 )0 V) o C7 C7 cn w O 0 • v " m t • n v • 0 v) fD — (n , n - T o rt — m 0 . 3� rt v 0 c -0 0 -o -c, cr r- 0 — rt —. C) D 0 0 Di N rD o C) 10 rt a) =' = ma -< v rt 0 "' 0 CD U) • 0- a) = 0- rt Q O rt m- CD RESOLUTION NO. 2017- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN PLANNING AGREEMENT FOR THE AVENTURA CHARTER HIGH SCHOOL BETWEEN CHARTER SCHOOLS USA, INC. AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in accordance with City Code Section 2-256, the City Commission hereby finds and determines that in light of CSUSA's proven record of excellent performance with the City and the applicable time constraints for an expeditious opening of the Charter High School, it is in the City's best interests to negotiate the Planning Agreement with CSUSA instead of issuing an RFP for such purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is authorized to execute and otherwise enter into that certain Planning Agreement for the Aventura Charter High School between Charter Schools USA, Inc. and the City of Aventura attached hereto. 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 , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman City of Aventura Resolution No. 2017- PASSED AND ADOPTED this 20th day of April, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 PLANNING AGREEMENT between CHARTER SCHOOLS USA, INC., and CITY OF AVENTURA for the AVENTURA CHARTER HIGH SCHOOL TABLE OF CONTENTS 1. Recitals 2 2. Definitions 2 3. Term 3 4. Charter School 3 5. Services to be provided by CSUSA 4 6. Responsibilities of the City 8 7. Cooperation g 8. Additional Mutual Obligations 9 9. Planning Fee 9 10. Insurance 9 11. Indemnification 10 12. Default 10 13. Termination of this Agreement 11 14. Transfer of Functions Upon Termination 13 15. Entire Agreement 14 16. Assignments 14 17. Further Assurances 14 18. Relationship of Parties 14 19. Interpretations 14 20. Time of the Essence 14 21. Binding Effect 15 22. Notices 15 23. Headings 16 24. Severability 16 25. Waivers 16 26. Outside Business 16 27. Third Parties 16 28. Jurisdiction and Venue 16 29. Enforcement Costs 17 30. Remedies Cumulative 17 31. Subcontracts 17 32. Obtainment of Charter 17 33. Counterparts 18 34. Governing Law 18 35. Proprietary Information 18 36. Sale or Transfer of interest in CSUSA 18 37. Audits 19 38. Police\Regulatory Powers 18 PLANNING AGREEMENT FOR THE AVENTURA CHARTER HIGH SCHOOL THIS PLANNING AGREEMENT (the "Agreement") is made and entered into as of the day of , 2017, by and among CHARTER SCHOOLS USA, INC. (CSUSA) , a Delaware corporation; and CITY OF AVENTURA("CITY"), a Florida municipal corporation. WITNESSETH: WHEREAS, CSUSA and the CITY currently have an Administrative and Educational Services Agreement for the Aventura City of Excellence School which is a K-8 charter school located at 3333 N. E. 1881h Street, Aventura, Florida. WHEREAS, the City Commission of the City of Aventura wishes to provide a Charter High School as another educational choice for the children of Aventura. WHEREAS, it is in the best interests of the CITY to enter into a Planning Agreement (hereinafter referred to as "Agreement") with CSUSA, to assist in the acquisition of the Charter and to plan, design and develop the proposed Charter High School; now, therefore, IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be a part hereof. 2. Definitions. Wherever used in this Agreement, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Agreement - The written agreement between CITY and CSUSA covering the Services to be performed. 2.2 CITY -The City of Aventura with whom CSUSA has entered into the Agreement and for whom the Services are to be provided. 2.3 City Manager-The City Manager or his designee(hereinafter referred to as"City Manager") of the City of Aventura, who has the authority on behalf of the CITY to grant or deny approvals and perform the CITY's responsibilities required by this Agreement. 2 2.4 CSUSA - Where CSUSA is indicated as the responsible party to perform an obligation pursuant to this Agreement, 2.5 Effective Date of the Agreement - The date indicated in the Agreement on which it becomes effective, 2.6 Services — Those activities which must be performed prior to the actual commencement of the operation of the Charter High School as set forth in this Agreement in order to insure that the Charter High School opens in a timely manner for the 2019-2020 school year, including but not limited to, charter school application coordination, development and submittal; coordination, development and approval of the school's charter; operating budget development, building design review and approval; curriculum development; staffing; marketing and recruitment; obtaining furniture, fixtures and equipment; and identification, coordination and contract development for necessary professional and/or third party services. 2.7 Management Agreement—An agreement that the CITY intends to develop, negotiate and execute with CSUSA that will provide for those services necessary to develop, organize, manage, staff, operate and maintain the Charter High School upon the termination of this Agreement. The parties intend that the Management Agreement be executed prior to submission of the charter application with an effective date of July 1, 2019, provided however, the foregoing shall not obligate the CITY to enter into a Management Agreement with CSUSA, provided further, the CITY's obligation shall be to negotiate in good faith with CSUSA to enter into the Management Agreement on or before July 1, 2019. 2.8 Written Amendment-A written amendment of the Agreement signed by CITY and CSUSA on or after the Effective Date of the Agreement. 3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be contracted with, for the purpose of providing the Services, including assisting in the acquisition of the Charter and organizing, planning and developing the Charter High School in accordance with the terms of this Agreement. The term of this Agreement shall commence as of the Effective Date of this Agreement and shall terminate on June 30, 2019, unless terminated earlier pursuant to the provisions of this Agreement, subject to any further obligations (including payment obligations) of the parties which survive termination. 4. Charter School.The Charter School shall be a high school with capacity for 800 students commencing in the 2019-2020 school year, starting with 9th and 10th grade only. The upper grades will be added in the two following years. 3 5. Services to be provided by CSUSA. CSUSA's fees hereunder shall compensate it for the performance of the Services, including its responsibilities for the assisting in the acquisition of the Charter, and for the performance of all planning, set-up, design and development activities of or for the Charter High School prior to the actual commencement of the operations of the Charter High School, which are necessary during the term of this Agreement to have a fully operational Charter School for the 2019-2020 school year. Responsibilities of CSUSA shall include, but are not limited to, the following areas: 5.1 Charter School Application. Subject to review and approval by the City Manager, CSUSA shall assist in the coordination and development of the application document in connection with the Charter High School's obtainment of the Charter (the "Charter Application"), assist in all activities related to the submission of the Charter Application to The School Board of Miami-Dade County, Florida (the "Chartering Entity') on a timely basis and negotiate the Charter's approval with such Chartering Entity. The Charter shall be applied for and issued in the name of the CITY. The application shall be submitted to the Chartering Entity by August 1, 2017. 5.2 Planning and Development. CSUSA shall perform the following services associated with the planning and development of the Charter High School. 5.2.1 Facilities Planning and Development. CSUSA shall advise and make recommendations to the CITY on the planning and development of the Facility to ensure that the design and function meet the specifications necessary for CSUSA's educational program. CSUSA shall review and approve, on a timely basis, the preliminary and final design documents. In addition, CSUSA shall identify in writing all furniture,fixtures and equipment (the "FF&E") necessary for the Charter High School, and shall be responsible for obtaining, ordering, purchasing and installing the FF&E. 5.2.2 Operations Planning and Development. With input and involvement from the CITY and substantially in compliance with the Charter Application and the Charter, CSUSA shall (a) respond to all requirements of the Charter High School process; (b)develop and refine the curriculum and Charter High School plan in compliance with all applicable federal, state and local laws, the policies of the Chartering Entity, the requirements of the CITY and the Charter of the Charter High School; ((c) interview and hire all other Charter High School administration, teaching and support staff; (d) develop and implement the Charter High School's staff and student recruiting and marketing plans; (e) organize and conduct parent orientations; (f) prepare, manage, supervise and implement the Charter High School's opening; and (g)conduct all other activities necessary to have a fully operational Charter High School for the 2019-2020 school year. 5.2.3 Management Information Systems. CSUSA shall coordinate in designing, ordering, purchasing, installing and implementing an MIS system consistent with the Charter High School's purpose and goals. This shall also include business 4 applications that meet, on an ongoing basis, any and all Federal, State, County, CITY, or Chartering Entity reporting mandates, applicable for the Charter High School or the CITY. At a minimum these business applications shall include: Cash Receipts, Records Management, Payroll/Personnel, General Ledger, Purchasing,Accounts Payable,Accounts Receivable/Billing, Fixed Assets, Admissions, Scheduling, Registration, Records, and Reporting. The City Manager or his designee, with reasonable notice to CSUSA and except as provided for in Chapter 119, F.S., shall have full and unlimited access to the MIS system with assistance from a representative of CSUSA. Upon termination of this Agreement, all hardware, software, business applications (including password and configuration information) and other intellectual property purchased by the CITY shall remain the property of the CITY. The MIS system shall be and remain the property of the CITY, except as proprietary to CSUSA as set forth in this Agreement. 5.2.4 Personnel Administration. CSUSA shall recruit and employ sufficient qualified personnel to operate the Charter High School (as is necessary and appropriate during the Term of this Agreement), including without limitation, administrators, teachers, clerical, cafeteria, and other staff to enable CSUSA to operate the Charter High School in conformance with the Charter Application and the Charter. CSUSA shall also recruit qualified personnel for the Charter High School Principal. CSUSA shall consult with the City Manager during the hiring process of any principal for the Charter School.The City Manager shall have the right to disapprove of the hiring of the any candidate for principal and in such event, CSUSA shall not hire said candidate for the position of principal at the Charter High School. The principal shall be hired by February 2019.The parties agree that the Charter High School Principal shall be accountable to CSUSA for the day to day operations of the Charter High School and for carrying out the mission of the Charter High School, Charter Application and the Charter. CSUSA shall provide such other personnel as CSUSA, in its sole judgment, determines is necessary to properly operate the Charter High School. CSUSA shall determine, in its sole discretion, the benefits that will be provided to such personnel and shall administer the provision of such benefits. Any and all employment agreements shall provide for the immediate assignably to the CITY at its option in the event that this Agreement is terminated as provided herein. 5.2.5 Payroll Administration. CSUSA shall prepare, maintain, administer, and report all payroll of CSUSA's employees hired to work at the Charter High School, including, without limitation, processing and issuing all checks, maintaining all reports and payroll records and filing all necessary forms and returns, including worker's compensation compliance, unemployment insurance compliance, withholding and social security taxes and all tax and other forms relating to employment as may be required by any federal, state, Chartering Entity or municipal authority during the term of this Agreement. All payroll and other financial or operational records for the Charter High School shall be segregated and separated from all other CSUSA payroll records and shall be reported in a manner allowing the payroll costs to be traced directly to the financial expenditures of the Charter High School. CSUSA shall deposit such payroll taxes as may be required by the Internal Revenue Service for the payment of payroll taxes for the 5 employees referenced herein. All penalties incurred by reason of late filing,failure to file or failure to pay shall be borne by CSUSA and shall be the sole obligation and responsibility of CSUSA. 5.2.6 Books and Supplies. CSUSA shall be responsible for obtaining, ordering and purchasing the books and supplies to be utilized in or by the Charter High School. 5.2.7 Furniture, Fixtures and Equipment("FF&E"). CSUSA shall be responsible for obtaining, ordering and purchasing the FF&E and all technology equipment to be utilized in or by the Charter High School. 5.2.8 Public Relations; Fund Raising Activities. (a) Public Relations. CSUSA shall coordinate, cooperate and work with the City as to all official public relations for the Charter High School including, without limitation, community outreach, press releases and media relations. All media relations initiated by CSUSA, including press releases, shall require the prior written approval of the City Manager. Press releases shall contain the name of the CITY and its seal as designated by the City Manager. Where media contact to CSUSA is not initiated by CSUSA, CSUSA shall notify the City Manager. (b) Fund Raising Activities. CSUSA shall be responsible for fund raising activities on behalf of the Charter High School, during the term of this Agreement, and CSUSA and the CITY shall coordinate and cooperate with such fund raising efforts. 5.2.9 Contract Administration. CSUSA shall coordinate, negotiate and administer those contracts for necessary uses or services to be performed or provided by third parties including cafeteria management services, janitorial services, building maintenance and transportation, and which must be entered into by the Charter High School during the term of this Agreement to ensure the efficient and timely opening of the Charter High School. 5.2.10 Annual Budget. CSUSA shall prepare and submit to the CITY a detailed annual budget. (The "Charter High School Annual Budget")for the 2019- 2020 school year by December 1, 2018. The budget shall include, as appropriate,the total number of student stations for the coming academic year, all capital purchase requests, debt repayments and/or cash loans required, operating revenues and operating expenditures for the school year. The Charter High School Annual Budget shall be reviewed and modified, as necessary, by the City Manager. The parties shall work cooperatively together on any and all budgetary matters and issues prior to the submission of the proposed budget to the Aventura City 6 Commission. The parties agree that it is the intent of this provision that they jointly prepare and submit a balanced budget and that any and all budgetary issues and matters be resolved between CSUSA and the City Manager prior to the Aventura City Commission's review and consideration of same. 5.2.11 Program Outline. CSUSA shall develop a program outline that includes the curriculum and academic theme for the Charter High School. CSUSA shall also develop and provide the CITY with a space plan for the Charter High School. The program and space design will reflect the CITYs desire for a rigorous, college preparatory school with multiple academy offerings, innovative instructional methods, and a facility design that contemplates an open, flexible learning environment to facilitate the digital native learning styles of 21st century students. The school is intended to become the premier public high school option in the CITY providing the environment for the student to be fully prepared academically and personally for any college or university challenges. CSUSA shall explore dual enrollment opportunities with local colleges. 5.2.12 Provision of Liaison Services. CSUSA shall designate a member of senior management personnel to be the point of contact for the City Manager for all operational issues. 5.2.13 Coordination with the Chartering Entity. CSUSA shall be responsible for coordinating any and all activities of the Charter High School with the requirements of the Chartering Entity and for complying with all reasonable requests of the Chartering Entity regarding the Charter High School. 5.2.14 Monthly Reports. CSUSA shall submit monthly written reports detailing the progress and achievements of the prior month's activities to the City Manager. 5.2.15 Compliance with Applicable Law. CSUSA acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's expertise in the business of planning, designing, developing, organizing, managing, staffing and operating charter schools in the State of Florida and with the Chartering Entity. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, including the production of documents, in compliance with all applicable laws, ordinances, rules and regulations, to ensure, insofar as is possible, that approval of the Charter High School Application is obtained from the Chartering Entity in 2017, and the approval of the Charter is obtained from the Chartering Entity in 2018, unless such timeframes are extended by the CITY. Where CSUSA's ability to comply with this Section is dependent upon the performance of activities or responsibilities by the CITY, CSUSA shall be responsible for notifying the CITY in a timely manner of the activities or responsibilities which the CITY must perform and the associated timelines. Upon attainment of the Charter from the Chartering Entity, CSUSA shall be responsible for 7 ensuring that the Charter High School complies with all applicable laws, ordinances, rules and regulations. 5.2.16 Records Retention; Public Records. CSUSA shall provide, protect, preserve, and maintain all books, records and related documents of or affecting the Charter High School that are not proprietary to CSUSA(the"Public Records"), pursuant to the provisions of Chapter 119, F.S. as amended from time to time. In the event of termination of this Agreement pursuant to Section 15, CSUSA shall deliver any and all Public Records in its possession to the CITY within thirty (30) calendar days of such termination. Further, the Public Records Act Addendum which is attached hereto is hereby incorporated herein. 5.2.17 Other Activities. CSUSA shall, in a timely manner, perform all other activities necessary during the term of this Agreement to have a fully operational Charter High School for the 2019-2020 school year. 6. Responsibilities of the City.The CITY shall be responsible for the following: 6.1 Maintenance of Charter. The CITY shall do, or cause to be done, all things necessary to ensure that all legal requirements applicable to the CITY, and all such conditions as may have been imposed on the CITY by the Chartering Entity, are fully complied with at all times. If the CITY or CSUSA shall at any time receive notice from any public authority or other person that the Charter High School is or may be in violation of the Charter, the rules of the Chartering Entity or any provision of any applicable law or regulation, the party receiving such notice shall immediately notify the other party of the asserted violation and shall thereafter work diligently together to determine whether such asserted violation in fact exists, to correct any violation found to exist, and vigorously contest the asserted violation if the same is found not to exist. 6.2 The Charter High School Special Revenue Fund. The City shall create a Charter High School Special Revenue Fund (Charter High School Fund) to account for all revenues and expenditures associated with the Charter High School. 6.3 Funding For Charter High School Costs and Expenses. The CITY shall provide funds, in amounts substantially in conformance with the agreed upon and City Commission approved budget and Charter School Application, to cover costs and expenses associated with the planning and development of the Charter High School,which costs and expenses shall include, startup funding and FF&E and CSUSA Fees. It is understood by CSUSA and the CITY, that any and all funds expended by the CITY pursuant to this Section, including professional services contract fees and other out-of- pocket costs and expenses, shall be reimbursed to the CITY from Charter High School revenues and/or startup grants from the State of Florida. The reimbursement schedule shall be included in the proposed Charter High School Annual Budget. The CITY shall provide CSUSA with an estimate of any and all funds expected to be expended by the 8 CITY pursuant to this Section during the subsequent budget year, that would not be generally known to CSUSA; such estimate shall be included in the proposed Charter High School Annual Budget. 6.4. Procedure for Payment. In order to receive funds from the CITY pursuant to this Section, CSUSA shall prepare and submit monthly financial statements and invoices to the City Manager, which shall include the fund(s) for which CSUSA is seeking payment, and all of the Charter High School's actual expenditures, reported on a modified cash basis of accounting (including but not limited to all capital expenditures).The City Manager shall direct payment from the Charter High School Fund to CSUSA for all approved expenditures within fifteen (15) business days of receipt by the CITY of the monthly financial statement and invoices. CSUSA agrees to provide the CITY, within ten (10) business days, source documents, supporting schedules, summaries and explanations as may reasonably requested by the City Manager from time to time. CSUSA shall immediately reimburse the CITY for any unallowable Charter High School expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any Department or Division of the State of Florida or Federal Government. 6.5 Other Activities. The CITY shall, in a timely manner, provide all information and perform all other reasonable activities, in support of CSUSA's efforts , as necessary during the term of this Agreement to have a fully operational Charter High School for the 2019-2020 school year. 7. Cooperation. The parties shall, in good faith, share all information received from the Chartering Entity so as to comply with mutual obligations herein. Any information, whether written or oral, which is transmitted by the Chartering Entity to the parties shall be shared between the parties promptly. 8. Additional Mutual Obligations. The parties hereto shall actively and diligently coordinate all grant writing, community involvement, responsiveness and response to compliance to all federal, state, and local rules and regulations, and any other operational activities or functions occasioned by the relationship set forth in this Agreement in a concerted effort to meet the goals and objectives established in the Charter High School Application as submitted to or approved by the Chartering Entity. 9. Planning Fee. The CITY shall pay CSUSA the total sum of One Hundred Seventy Five Thousand Dollars ($170,000) as a planning fee (the "Fee"), for the performance by CSUSA of its responsibilities hereunder. Such Fee shall be deemed earned pro-rata to CSUSA as follows: (a)Twenty Thousand Dollars($20,000.00) shall be due in a lump sum payment on the Effective Date of this Agreement; and (b)One Hundred Fifty Thousand Dollars ($150,000.00) shall be paid, upon the CITY's receipt of an invoice from CSUSA, in twenty four (24) equal monthly installments of Six Thousand and Two Hundred and Fifty Dollars ($6,250.00) on the first of every month beginning July 1, 2017 and ending June 1, 2019. 9 10. Insurance. CSUSA shall maintain comprehensive general liability insurance in the amount of One Million ($1,000,000 ) Dollars per occurrence and Two Million ($2,000,000) Dollars in the aggregate for personal injury and property damage, combined single limit,occurring in connection with the Charter High School. In addition, CSUSA shall maintain workers compensation and employers liability insurance in the amount of Fifty Thousand ($50,000) Dollars or the minimum amount required by law, including Chapter 440, Florida Statutes, whichever amount is higher . CSUSA shall provide proof of insurance to the City of the types and amounts required by this Agreement , the Charter Application, the Charter or federal, state or local law, during the term of this Agreement, and shall name the City and City's officers, agents and employees as additional insured under the general liability insurance coverage policy. The City intends to provide property insurance coverage for the real property, buildings and contents, which costs shall be charged to the Charter High School Fund. 11. Indemnification. 11.1 CSUSA agrees to indemnify, defend with counsel (reasonably acceptable to the CITY) and hold the CITY, and its respective officers, employees, and agents (the "Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of CSUSA in connection with the Agreement, (b) CSUSA's breach of this Agreement or law, and/or(c)any failure by CSUSA to pay its suppliers, vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 11.2 Subject to the provisions and monetary limitations of F.S. 768.28, F.S., which shall apply regardless of whether said monetary limitations would otherwise apply in the absence of this provision, the CITY agrees to indemnify, defend with counsel (reasonably acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of the CITY in connection with the Agreement, (b) the CITY's breach of this Agreement or law, and/or (c) any failure by the CITY to pay its vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 11.3 Upon becoming aware of the potential for a claim hereunder,the party seeking indemnification shall notify the other party of the existence of such claim, demand 10 or other action giving rise to a claim for indemnification under this provision (a "Third Party Claim") and shall give such other party a reasonable opportunity to defend the same at its own expense and with its own counsel, provided however that the CITY or CSUSA shall at all times have the right to participate in such defense at its own expense. 11.4 If, within a reasonable amount of time after receipt of notice of a Third Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking indemnification shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment)the Third Party Claim for the account and at the risk and expense of the party responsible for indemnification hereunder. Each party agrees to cooperate and to make available to the other party, such information and assistance as may be reasonably requested in connection with the defense of a Third Party Claim. 12. Default. A default shall be deemed to have occurred for certain events or conditions (each, an "Event of Default"), which include, but are not limited to the following: 12.1 Failure to pay any amount due hereunder within thirty(30) days after written notice that such amount is due; or 12.2 Failure to remedy a material breach of this Agreement, including, but not limited to, a default in the due and punctual observance or performance of any provision contained herein, within thirty(30)days after written notice to the defaulting party; or 12.3 If CSUSA shall under such law as shall be applicable to it commence any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a receiver, intervenor, conservator or trustee for itself or for any substantial part of its property; or if there shall be commenced against it any such action and the same shall remain un-dismissed; or if by any act it shall indicate its consent to, approval of, or acquiescence in any such proceeding, or the appointment of any receiver, intervener, conservator or trustee for it or any substantial part of its property or shall suffer any of the same to continue undischarged; or if it shall become subject to any intervention whatsoever that shall deprive it of the management of the aggregate of its property or any substantial part thereof; or if it shall wind up or liquidate its affairs or there shall be issued a warrant of attachment, execution, or similar process against any substantial part of its property, and such warrant,execution or process shall remain un-dismissed, unbounded or undischarged for a period of ninety (90) days, this Agreement shall be deemed immediately terminated upon the occurrence of such event; or 12.4 If the ownership of CSUSA shall be transferred or assigned,directly or indirectly, without the prior written consent of the CITY in accordance with Section 16. 11 12.5 Upon the occurrence of an Event of Default, the non-defaulting party shall be entitled to pursue all remedies available under law or equity, including without limitation, terminating this Agreement in accordance with Section 13. 13. Termination of this Agreement. This Agreement may be terminated by the parties as follows: 13.1 Termination with Cause or for Nonperformance. Upon the occurrence of an Event of Default, the non-defaulting party shall be entitled to terminate this Agreement with cause or for nonperformance (hereinafter referred to as"Termination with Cause"), prior to the end of the term, with seven (7) days prior written notice. 13.1.1 Upon Termination with Cause, the parties shall immediately end their performance of obligations pursuant to this Agreement and shall have no further obligations or responsibilities to each other as of the date of such termination, including any payment obligations (except reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter High School and unpaid earned Fees), except as otherwise indicated in this Agreement, and the non-defaulting party shall be entitled to pursue all remedies available under law or equity. 13.2 Termination without Cause. This Agreement may be terminated without cause (hereinafter referred to as "Termination without Cause"), as follows: 13.2.1 Upon the effective date of a Management Agreement, this Agreement may terminate as agreed to by both parties. The Management Agreement with CSUSA shall specify the manner in which remaining obligations or responsibilities of the parties pursuant to this Agreement, including any payment obligations, are to be performed. 13.2.2 This Agreement shall terminate on June 30, 2019, unless terminated earlier in accordance with the provisions of Section 13 or as otherwise provided for in this Agreement. 13.2.3 By the CITY, for the failure to receive approval from the Chartering Entity for the Charter High School Application or the Charter High School's Charter in accordance with the provisions of this Agreement. 13.2.4 By the CITY, upon thirty(30)days advanced written notice, due to a change in federal, state or local law, policy, rule or appropriations during the term of this Agreement which would materially impact the ability to design, build, operate or maintain the Charter High School. Such changes could include, but not be limited to, a charter school capital outlay funds appropriation that is less than the current amount 12 provided by the state, or a modification that would substantially impact the ability to limit the enrollment process to target the children of the CITY. 13.2.5 By the CITY, at any time and for any reason or no reason, upon thirty (30) days advance written notice. If the CITY terminates this Agreement under this Section 13.2. 5 at any point on or after December 1, 2017, the CITY shall pay to CSUSA within fifteen (15) days of the date of termination a lump sum termination fee of Fifty Thousand Dollars ($50,000.00) (the "Termination Fee"), and the parties shall have no further obligations or responsibilities to each other, as of the date of such termination, except as otherwise indicated in this Agreement, provided however, that CSUSA shall be entitled to reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter High School and unpaid earned Fees. If the CITY terminates this Agreement under this Section 13.2.5 prior to July 1, 2018, the parties shall have no further obligations or responsibilities to each other, as of the date of such termination, except as otherwise indicated in this Agreement, provided however, that CSUSA shall be entitled to reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees. 13.2.6 Upon Termination without Cause, except as provided in Sections 13.2.5, the parties shall have no further obligations or responsibilities to each other as of the date of such termination, including any payment obligations (except reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as otherwise indicated in this Agreement. 14. Transfer of Functions Upon Termination. In recognition of the paramount importance of maintaining the integrity and continuing planning, design, development and operation of the Charter High School, in the event this Agreement is terminated pursuant to Section 13 CSUSA agrees to cooperate with the CITY for the transfer, within thirty (30) calendar days of such termination,of the documents which relate to the planning, design, development and operating functions of the Charter High School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or an entity selected by the CITY. Such cooperation shall include, but is not limited, to: 14.1 Assignment of all employees and employment contracts of the Charter High School and the transfer of employee records to the CITY or an entity selected by the CITY. 14.2 Transfer of all student records,then current curriculum programs and class syllabi of the Charter High School (unless the same is proprietary to CSUSA), if any, to the CITY or an entity selected by the CITY. 14.3 Assignment of all contracts or subcontracts, if any, entered into by CSUSA for the Charter High School, to the CITY or an entity selected by the CITY, if such contracts are assignable. 13 14.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all hardware, software, business applications and other intellectual property (with password and configuration information)purchased by CITY. If CSUSA uses software or applications to operate the Charter High School that is not owned by CITY or the Charter High School, the CITY, at its sole option, may continue to use such software or applications. If the CITY elects to continue to utilize CSUSA software or applications to operate the Charter High School, the CITY shall execute a license agreement with CSUSA for the use of the same for a license fee to be negotiated by the parties. 14.5 Transfer of all property including, but not limited to, furniture, fixtures, equipment, materials, software and hardware acquired for the Charter High School by the CITY and purchased by the CITY or through the use of funds designated for the Charter High School, to the CITY or an entity selected by the CITY. 14.6 The delivery of any and all Public Records in CSUSA's possession to the CITY or an entity selected by the CITY. 14.7 Transfer of any and all other information owned by the CITY, or provision of assistance, to ensure the least disruption of the continuing planning, design, development and operation of the Charter School as a result of the termination of this Agreement. 14.8 The provisions of Section 14 shall survive the termination of this Agreement. 15. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties. The provisions of this Agreement may not be amended, supplemented, or waived orally, but only by a writing signed by the parties and making specific reference to this Agreement. The City Manager shall act for City hereunder. 16. Assignments. No party shall assign its rights or obligations hereunder without the prior written consent of the other party to this Agreement, which consent may be withheld by such party in its sole discretion except as otherwise provided for in this agreement. 17. Further Assurances. The parties hereby agree from time to time to execute and deliver such further and other assurances, assignments and documents and do all matters and things that may be convenient or necessary to more effectively and completely carry out the intentions of this Agreement. 14 18. Relationship of Parties. The relationship between the parties hereto shall be solely as set forth herein and neither party shall be deemed to be an employee, agent, partner, or joint venturer of the other. 19. Interpretations. This Agreement shall not be construed more strictly against one party than against the other merely because it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to its preparation. 20. Time of the Essence. Time of performance by either party of each and every provision or covenant herein contained is of the essence of this Agreement. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, including the production of documents, in compliance with all applicable laws, ordinances, rules and regulations,to ensure, insofar as is possible, that approval of the Charter High School Application is obtained from the Chartering Entity in 2017; the approval of the Charter is obtained from the Chartering Entity in 2018, unless such timeframes are extended by the CITY; and that the Charter High School will be fully operational for the 2019-2020 school year. For the purpose of this Agreement, "timely" shall include a reasonable time for review, consideration, and/or modification by the City Manager, and,whenever deemed necessary by the City Manager, include the appropriate time necessary for submission, consideration and/or approval by the Aventura City Commission. 21. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 22. Notices. All notices and other communications required or permitted under this Agreement shall be in writing and given by: 22.1 hand delivery; 22.2 registered or certified mail, return receipt requested; 22.3 overnight courier, or 22.4 facsimile to: If to CSUSA: Charter Schools USA,Inc 800 Corporate Drive, Suite 700 Fort Lauderdale, Florida 33334 Attention: Mr. Jonathan K. Hage, President Fax: (954) 202-2047 15 With a copy to: Tripp Scott, P.A. 110 S.E. 6th Street, 15th Floor Fort Lauderdale, Florida 33301 Attn: Edward J. Pozzuoli, Esq. Fax: (954) 761-8475 If to the City: Eric M. Soroka City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Fax: (305) 466-8919 With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. 200 East Broward Blvd. Suite 1900 Fort Lauderdale, Florida 33301 Attn: David Wolpin, Esq. Fax: (954) 764-7770 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: 22.4.1 on the date delivered if by hand delivery or overnight courier, 22.4.2 on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and 22.4.3 on the date of transmission with confirmed answer if by fax. 23. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 24. Severability. If any part of this Agreement or any other agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 25. Waivers. The failure or delay of any party at any time to enforce this Agreement shall not affect such party's right to enforce this Agreement at any other time. Any waiver by any party of any breach of any provision of this Agreement shall not be 16 construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any other circumstance. 26. Outside Business. Nothing contained in this Agreement shall be construed to restrict or prevent, in any matter, CSUSA or its representatives or principals from providing services to any third-party similar to the services provided pursuant to this Agreement. 27. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies on any person other than the parties hereto and their respective legal representatives, successors, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give any third person any right to subrogation or action over or against any party to this Agreement. 28. Jurisdiction and Venue. The parties acknowledge that a substantial portion of the negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Miami-Dade County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally: 28.1 agrees that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Miami—Dade County or the court of the United States, Southern District of Florida in Miami —Dade County. 28.2 consents to the jurisdiction of each such court in any suit, action, or proceeding; and 28.3 waives any objection which it may have to the laying of venue of any such suit, action, or proceeding in any of such courts. 29. Enforcement Costs. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof,the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys' fees (including, without limitation, all pre-trial, trial and appellate proceedings) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 30. Remedies Cumulative. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or 17 hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 31. Subcontracts CSUSA may subcontract for the performance of any of its responsibilities set forth in this Agreement, subject to notice to the CITY, such notice to indicate if the subcontract will provide for assignment to the CITY in the event of the termination of this Agreement, and the CITY's opportunity to review any and all proposed subcontracts in connection with the performance of the duties, functions, and responsibilities under this Agreement. CSUSA shall be responsible for the management of all subcontractors in the performance of their work. If possible, any and all subcontracts shall include provisions that provide for the assignment of these contracts to the CITY, or an entity of the CITY's selection, should this Agreement with CSUSA be terminated pursuant to the terms herein. 32. Obtainment of Charter.The CITY and CSUSA will use mutual due diligence to obtain provisional approval of the charter application from the Chartering Entity for the Charter High School. In the event the application is not approved by the Chartering Entity, the CITY shall have the right to terminate this agreement, in accordance with Section 13.2.3. 33. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 34. Governing Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws. 35. Proprietary Information. The CITY agrees that CSUSA shall own all copyrighted and other proprietary rights to all instructional materials, training materials, curriculum and lesson plans, or any other materials created and developed by CSUSA, its employees, agents or subcontractors, or by any individual working for or supervised by CSUSA, which is developed during working hours or during time for which the individual is being paid and which is specifically identified by CSUSA in writing as being copyrighted or proprietary. CSUSA shall have the sole and exclusive right to license such materials for use by other school districts, other public schools, or other customers, or to modify and/or sell such materials for use by school districts, other public schools or other customers. Notwithstanding the same, in the event of expiration or termination of this Agreement, the CITY shall have the right to use such materials during the life of the Charter High School provided the CITY pays a reasonable license fee (based upon the then existing market value)to CSUSA; however,the CITY shall have no rights to use such materials beyond the life of the Charter High School. During the term of this Agreement, CSUSA may disclose such proprietary information, including that which is currently in existence as well as that 18 which may be created in the future. The CITY, to the extent permitted by law, shall treat all proprietary information specifically identified in writing by CSUSA as though it were a trade secret and copyrighted and shall use efforts as may be reasonably requested by CSUSA so as not to disclose, publish, copy, transmit, modify, alter or utilize such proprietary information during the Term of this Agreement or at any time after its expiration other than to the extent necessary for implementation of this Agreement or as licensed from CSUSA for the continuing planning, design, development and operation of the Charter High School ; provided, however, that CSUSA acknowledges that any information provided to the CITY may be a public record under Florida law and may be subject to disclosure. 36. Sale or Transfer of Interest in CSUSA. This Agreement is made by the CITY with CSUSA in its current ownership form and in reliance on the expertise of the current principals and owners of CSUSA, including Jonathan Hage. No substantial change in ownership or any other form of control of CSUSA, including the development and planning of the Charter High School, shall be transferred or assigned, directly or indirectly, without the prior written consent of the CITY, through the City Manager. For purposes of this Agreement "substantial change in ownership" shall be defined as when a majority of CSUSA ownership is not maintained by Jonathan Hage. In determining whether to approve of any such transfer or assignment, the City Manager may consider, without limitation: 36.1 whether the now current individual principals and managers of CSUSA will continue to retain total administrative control over the Charter High School; 36.2 the qualifications and character of the individuals or entities that are to receive the transferred or assigned interest from CSUSA. The CITY, upon considering the approval of the transfer or assignment, shall not unreasonably withhold approval of such based upon the foregoing criteria. 37. Audits. The CITY shall have the right, at any time during business hours, at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or caused to be inspected and audited by a certified public accounting firm selected by the CITY,the business records, bookkeeping and accounting records, tax records and returns and other records of CSUSA with respect to this Charter High School and this Agreement. CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the foregoing business records are retained by CSUSA following the expiration or earlier termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and make available to the CITY such books and records for a period of six (6) years following the expiration or earlier termination of this Agreement. 38. Police/Regulatory Powers. CITY cannot, and hereby specifically does not, waive or relinquish any of its regulatory approval or enforcement rights and obligations as it 19 may relate to regulations of general applicability which may govern the Charter High School , and any operations relative thereto. Nothing in this Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with its zoning and land use codes, administrative codes, ordinances, rules and regulations, federal laws and regulations, state laws and regulations, and grant agreements. [SIGNATURES APPEAR ON THE NEXT PAGE] 20 IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in triplicate. One counterpart each has been delivered to CITY and CSUSA. ATTEST: CITY OF AVENTURA, FLORIDA By: By: Ellisa Horvath, MMC Eric M. Soroka, City Manager City Clerk APPROVED AS TO FORM: By: City Attorney WITNESSES: CHARTER SCHOOLS USA, INC. By: Signature Jonathan K. Hage, President Print Name 21 ADDENDUM TO CONTRACT FOR SERVICES (CITY OF AVENTURA-CSUSA) THIS ADDENDUM to the contract for the provision of services (the "Contract ") is made and entered into effective as of the_day of April, 2017, by and between, the City of Aventura, Florida, a Florida municipality, whose business address is 19200 W. Country Club Drive, Aventura, Florida 33180 (the"City")and CHARTER SCHOOLS USA("CSUSA") (the "Contractor"). WITNESSETH WHEREAS the City and Contractor previously entered into a Contract for professional, charter high school planning services to be provided to the City by the Contractor as described in the contract; and WHEREAS, City procurement procedures require that agreements with City contractors require the Contractor to comply with the Public Records Act; and WHEREAS, upon City's request, the Contractor desires to assure the City of Contractor's compliance with the Public Records Act. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, IT IS HEREBY AGREED BY CITY AND CONTRACTOR,AS FOLLOWS: (1) Recitals. The above stated recitals are hereby adopted and confirmed. (2) Public Records Act Compliance. a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. b. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes,or as otherwise provided by law. c. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. d. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. e. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119.0701(2)(a),Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES,TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Public Records: ELLISA HORVATH,CITY CLERK Mailing address: 19200 WEST COUNTRY CLUB DRIVE,AVENTURA, FL 33180 Telephone number: 305-466-8901 Email: HORVATHE@CITYOFAVENTURA.COM (3) Conflict. In the event that a conflict arises between the provisions of the Agreement and this Addendum,the provisions of the Addendum shall control. IN WITNESS WHEREOF,the parties hereto have accepted, made and executed this Addendum to Contract upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: CITY OF AVENTURA, FLORIDA: By: President By: Eric M. Soroka City Manager ATTEST: City Clerk Approved as to Form and Legal Sufficiency for the Reliance of City Only: City Attorney ORDINANCE NO. 2017- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2017/2018 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2017/2018 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. City of Aventura Ordinance No. 2017- Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances at June 30, 2017 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2017/2018 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall Page 2 of 4 City of Aventura Ordinance No. 2017- remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 3 of4 City of Aventura Ordinance No. 2017- PASSED AND ADOPTED on first reading this 20th day of April, 2017. PASSED AND ADOPTED on second reading this 2nd day of May, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of4 it of vertu raff= Charter School Budged -lSCAL YEAR 2017/2018 ACES Cultivating Community AVENTURA CITY OF EXCELLENCE SCHOOL 3333 NE 188TH Street Aventura, Florida 33180 Telephone: 305-466-1499 Fax: 305-466-1339 Website: www.aventuracharter.org Board of Directors Mayor Enid Weisman Commissioner Dr. Linda Marks Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg City Manager Eric M. Soroka, ICMA-CM Principal Julie Alm Assistant Principals Leslie Lee Jorge Paz Administrative and Educational Services Provided by: Charter Schools USA CITY OF AVENTURA CHARTER SCHOOL FUND FISCAL YEAR 2017/18 TABLE OF CONTENTS TOPIC PAGE NO. CITY MANAGER'S BUDGET MESSAGE 1 BUDGET PROCESS 9 BUDGET DEVELOPMENT GUIDELINES 10 VISION STATEMENT 13 PHILOSOPHY AND ESSENTIAL ELEMENTS 13 CURRICULUM 13 PERFORMANCE CRITERIA 15 BUDGET CATEGORY SUMMARY 18 DEPARTMENT DESCRIPTION AND ORGANIZATION CHART 19 REVENUE PROJECTIONS 20 ACTIVITIES Expenditures: K-3 Basic 21 4-8 Basic 22 Exceptional Student Program 23 Substitute Teachers 24 Instructional Media Services 25 School Administration 26 Pupil Transit Services 27 Operation of Plant 28 Child Care Supervision 29 Capital Outlay 30 ADOPTING ORDINANCE 31 Office of the City Manager April 2017 City of Aventura G,NcmrncrLt C.CFIEU 19:00 West C CXknMw Club Drive ALrncura, Fbdda 33180 The Honorable Mayor and City Commission Aventura City of Excellence School Board of Directors City of Aventura Aventura, Florida 33180 RE: 2017/18 Charter School Fund Budget Message Members of the City Commission: i ACES cukhmNng Con sy In accordance with Article IV, Section 4.05 of the Charter of the City of Aventura, I hereby submit the proposed Budget for the Charter School Fund for the fiscal year beginning July 2017, for your review and consideration. This budget document represents the 15th year of operation of the Aventura City of Excellence School. Our goal in the development and preparation of a realistic balanced budget was to provide the funding levels to maintain the quality education services for our students. Budget Format The format of the budget is in accordance with guidelines adopted by the State and School Board of Miami -Dade County, Florida and utilizes the school system's account codes as well. The proposed budget was prepared with input from the school's administrative staff and Charter Schools USA (CSUSA). Significant Factors Affecting Budget Preparation The 2017/18 school year represents the 15th year of operations of the school. Our past has shown that we can continue to operate a high performing school that provides a quality education for our students, within the school-based revenues. We have also been fortunate to have involved parents that participate in fund-raising activities for school improvements. The overall budget increased by 2.3% or $214,069, largely due to employee salary increases and technology equipment. The budget includes funding for lease payments to the Debt Service Fund to pay annual costs associated with the long term debt borrowed for the construction of the elementary school wing. Based on anticipated actions at the State level the FTE revenues are budgeted to increase by 1 %. City of Aventura Page 1 Charter School Fund Budget The following items represents important highlights: • Teacher salary increases reflect the new performance pay plan in accordance with Florida Statute 1012.22, rewarding teachers who are rated effective and highly effective. • No additional employee positions are proposed. • Funds have been budgeted to provide for interactive classroom lesson software, a pilot program for one-to-one computing to enhance instruction and technology expansions including new laptops, mobile learning computer labs, computer replacements and smartboards. Summary of All Budgetary Funds The total proposed budget for 2017/18, including all operating and capital outlay, is $9,482,629. The majority of the budget is Personnel Services at $6,028,394. Operating expenditures total $2,567,235. Other Uses expenditures, which primarily represent lease payments to the Debt Service Fund to cover school construction debt payments and a contingency, account total $534,000. Capital Outlay expenditures are $353,000. Other Uses Capital Outlay 6% 4% Operating Expenditures 27% Personnel LN Services 63 MOMA City of Aventura Page 2 Charter School Fund Budget The following chart shows a comparison of the department's budgets for the past two years. i otai costs increasea Dv 2.j,/o. Budget Category Summary Charter School Fund This fund is used to account for revenues and expenditures specifically earmarked for the City's Charter School. The fund accounts for operating and capital revenues, expenditures and capital outlay. State Shared Revenues 84.2% _\ Charter School Fund Budget Revenues Charges for Services 5.3% Misc. Income 6.6% er Non- ncvenues 4.0% City of Aventura Page 3 Charter School Fund Budget Increase 2016/17 2017/18 (Decrease) % Change Revenues State Shared Revenues $ 7,757,074 $ 7,980,879 $ 223,805 2.9% Charges for Services 520,000 500,000 (20,000) -3.8% Misc. Income 613,000 623,000 10,000 1.6% Other Non -Revenues 378,486 378,750 264 0.1% Total Revenues $9,268,560 $ 9,482,629 $ 214,069 2.3% Expenditures K-3 Basic $ 2,329,304 $ 2,373,717 $ 44,413 1.9% 4-8 Basic 2,865,157 2,951,999 86,842 3.0% Exceptional Student Program 259,355 253,886 (5,469) -2.1% Substitute Teachers 107,428 108,824 1,396 1.3% Instruct Media Services 70,637 72,892 2,255 3.2% School Administration 1,056,846 1,069,770 12,924 1.2% Pupil Transit Services 195,000 195,000 - 0.0% Operation of Plant 1,934,833 1,953,541 18,708 1.0% Child Care Supervision 157,000 150,000 (7,000) -4.5% Capital Outlay 293,000 353,000 60,000 20.5% Total Expenditures $ 9,268,560 $ 9,482,629 $ 214,069 2.3% Charter School Fund This fund is used to account for revenues and expenditures specifically earmarked for the City's Charter School. The fund accounts for operating and capital revenues, expenditures and capital outlay. State Shared Revenues 84.2% _\ Charter School Fund Budget Revenues Charges for Services 5.3% Misc. Income 6.6% er Non- ncvenues 4.0% City of Aventura Page 3 Charter School Fund Budget Charter School Fund Budget Expenditures Exceptional Substitute Teachers Instruct Media Student Program 1% Services 3% I 1% ^Pupil Transit School / Services Administration 2% 11% 4-8 Basic 31% Operation of Plant 21% K-3 Basic 25% OF Child Care Supervision Capital Outlay 1% 4% The 2017/18 school year represents the 15th year of operations for ACES. This past year a great deal of time and effort was expended on professional development and curriculum alignment based on Florida's State Standards, increasing parental involvement, integration of science, technology, engineering, arts and math (STEAM), intramural and competitive sport programs and identifying and working with at—risk students. This year we will maintain and expand all our present academic programs with a continued emphasis on professional development and implementation related to the Florida State Standards. ACES will enrich a child's learning and social atmosphere through: • Whole Child Approach - Emphasis will be placed on the "whole child" to ensure that academic rigor coexists with social responsibility. • Character Education - Continue to implement ACES Word's Count program that encourages our students, families and communities to work together as "upstanders." • Challenging Curriculum — Offer high school level courses in the areas of Math, Science and Foreign Language. • Curriculum Alignment — Increase academic rigor through the vertical alignment of ACES reading, writing and math programs kindergarten through eighth grade. • Differentiation of instruction — Provide specialized programs for at -risk learners, on -level learners and gifted students. • Technology Rich Environment — Engage students through the use of computer labs, Smart Boards, interactive televisions, document readers, projectors in classrooms, instructional software and online programs. All students have the opportunity to participate in instructional programs featuring laptops, iPads and bring your own device. All devices have access to wireless connectivity. ACES will continue to implement a laptop classroom designed to increase achievement and engagement of at -risk readers City of Aventura Page 4 Charter School Fund Budget in grades six to eighth and will add one-to-one computing devices for all fifth grade students. • Extended School Day Programs/Activities — Offer a variety of opportunities including Before Care and After Care, Sports Study, several Dance programs, French Classes, Chess Club, Science Tutorial, Writing Tutorial, Reading and Math Computerized Program, typing program, Robotics, Mind Lab, Math Matters, Manner Academy and Saturday Academy. • Field Trips — Experience hands-on content, living history, ecological studies, guest authors and a variety of culturally rich opportunities through a combination of on campus and off campus field trips. • School -Wide Events — Organize various events such as Career Day, Red Ribbon Week, Arbor Day, Peace Day and Field Day, A Million Men in the Making assembly for 5th —8 th grade boys and motivational female speakers for 5th —8 th grade girls. • Career Awareness and Entrepreneurship — Register all eighth grade students in a comprehensive course that will allow them to begin career planning. • School wide Science, Technology, Engineering, Arts and Math (STEAM) initiative fostering grade level specific STEAM projects. • Competitive Athletics — Compete at the middle school level in the International Athletic League. The school fields a boys and girls team for both basketball and soccer. Offerings also include a competitive flag football team and a competitive volleyball team. • Intramural Athletics — Afford students at the middle school level opportunities to play intramural basketball, and volleyball. • Family Events — Make available various events that include Meet and Greet, Open House, Kindergarten Kickoff, Student of the Month, Book Fair Family Night, Winter Showcase, Graduation Ceremonies, Talent Showcase and Quarterly Principal's Honor Roll Breakfasts. • Parent Education — Execute FSA ELA, math, writing and FCAT science nights that present parents with information related to state standards and accountability testing. Monthly parent workshops related to social, emotional and physical wellbeing of children and families. • Transportation — Provide students living further than 2 miles from the school and no further than 3.5 miles bus service. Currently four buses provide transportation for approximately 400 students. • Safe School Campus — Employ a full-time certified police officer to the school that serves as a School Resource Officer. Security measures include an upgraded camera system, panic alarms, window tinting, key card access, inside locks on doors and alarm system. Revenues The revenues, available for allocation in the 2017/18 Fiscal Year, are anticipated to be $9,482,629. This is an increase of $214,069 or 2.3% compared to the prior year. The majority of the increase is associated with increased FTE funding from the State budget. State Shared Revenues — The amount projected for Florida Education Finance Program revenues is $7,171,479 and is based on $7,031 per student after the deductions for the transportation reimbursement component. The revenues for next year have been budgeted to increase by 1 % based on the anticipated actions taken by the State Legislature. School lunch City of Aventura Page 5 Charter School Fund Budget reimbursement revenues are estimated to be $90,000. The transportation reimbursement amount is $131,000 and is based on 400 students requiring bus service. Capital Outlay revenue is estimated to be $485,000. Charges for Services — The amount projected for Food Service Fees is $185,000. After School Program includes revenues derived from fees charged for After School Child Care and is estimated to be $315,000. Miscellaneous Income — The total amount is $623,000. This includes revenues from the Clear Channel agreement for proceeds from the billboard advertising, field trips/special programs, after school programs and fundraising activities. This is offset by specific expenditures in the budget. Other Non -Revenues — This represents a $100,000 transfer from the General Fund for revenues from the City's Intersection Safety Camera Program and anticipated fund balance amounts from the prior year's budget. Expenditures The estimated 2017/18 expenditures contained within this budget total $9,482,629 and are balanced with the projected revenues. Personnel Services Personnel Services are budgeted at $6,028,394 or 63% of the budget. No new positions were added to the budget. Teacher salary increases reflect the performance pay plan instituted 2 years ago in accordance with Florida Statute 1012.22, rewarding teachers who are rated effective and highly effective. The total number of employees is 93 full-time and 9 part-time. Included in the full-time positions are 81 instructional staff members and a Computer Network/Technician. All employees except the Principal, 2 Assistant Principals and Janitor are under contract with CSUSA. 93 92.5 92 91.5 91 90.5 90 Full - Time Staff Comparison 93 2012/13 2013/14 2014/15 2015/16 2016/17 2017/18 City of Aventura Page 6 Charter School Fund Budget The following outlines the staffing level detail comparisons to the prior fiscal year: 2016117 2017118 Function Job Class Full Time Part Time Full Time Part Time 5101 Teacher 31.00 - 31.00 - Para -Professionals - 7.00 - 7.00 Reading Specialist 1.00 1.00 Instructional Counselor 1.00 1.00 Assistant Principal 1.00 1.00 Aide 1.00 1.00 5102 Teacher 42.00 - 42.00 - Assistant Principal 1.00 1.00 Match Coach 1.00 1.00 Communications Specialist 1.00 - 1.00 5250 Teacher 2.00 - 2.00 - Dean of Student Services 1.00 1.00 5901 Substitute Teacher 1.00 - 1.00 - 6200 Media Specialist 1.00 1.00 1.00 1.00 7300 Principal 1.00 - 1.00 - Dean 1.00 1.00 Business Manager 1.00 1.00 Administrative Secretary 1.00 1.00 Receptionist 2.00 2.00 Reg istrar/Compliance 1.00 1.00 Computer Network/Tech 1.00 1.00 7900 Janitor 1.00 1.00 Total 93.00 9.00 93.00 9.00 Operating Expenses The expenditures for operating expenses are $2,567,235 which represents 27% of the budget. This is $12,473 more than the prior year largely due to increased costs. The major expenses are as follows: • CSUSA education/administrative fee - $306,000 • Food services - $275,000 • Building maintenance contract - $206,000 • Transportation services contract - $195,000 • Textbooks - $176,000 • Field Trips and School Events - $162,000 • Other materials and supplies - $152,500 • Electricity - $130,000 • MDCSB Administrative Fee -$144,743 • After school Programs - $115,000 City of Aventura Page 7 Charter School Fund Budget • Repairs and Maintenance - $98,500 Other Uses Other Uses expenditures total $534,000 primarily represent lease payments to the Debt Service Fund to cover the elementary school wing construction debt payments. Other expenditures include a contingency account and costs associated with utilizing the Arts & Cultural Center. Capital Outlay A total of $353,000 has been budgeted to provide for technology enhancements including new laptops, mobile learning computer labs, computer replacements and smartboards. Summary I am pleased to submit the detailed budget contained herein. The budget document and its related funding levels represent the City's continued commitment to providing a school of excellence for our community. The budget contains funding levels to address the following key objectives: • Hiring and retaining administrators and teachers who are well prepared for creating life- long learners in their students as well as acting as role models in their own quest for knowledge on the latest "best practices" in educational research to enhance their teaching abilities. • Putting into place a strong accountability system that will hold everyone at ACES responsible for maximizing learning opportunities. • Creating a school climate that enables students and teachers to feel they are cared for, respected, and contributing members of ACES. • A low staff -pupil ratio in order to enhance the development of the individual strengths of each student. • Continuing to use data to evaluate the efficacy of instructional programs. • Developing a strong parent -teacher relationship. • Maximizing the use of technology embedded in the classroom instruction through the implementation of increased wireless network capabilities, a bring your own device program, mobile labs, classroom labs, interactive televisions, IPad carts and a pilot program for one-to-one computing to enhance instruction. The preparation and formulation of this document could not have been accomplished without the assistance and dedicated efforts of the School's Administration. All questions relating to the budget should be referred to my attention. Respectfully submitted, Eric M. Leka City Manager City of Aventura Page 8 Charter School Fund Budget BUDGET PROCESS Budget Preparation/Development 1. January: Meetings are held with the Principal, school staff and City Manager to develop Goals and to discuss issues that may impact the budget for the upcoming school year. 2. February: Preliminary Revenue projections and forecasts are developed by the City Manager. The following steps are followed to project revenues: • Forecast student enrollment. • The State's Florida Education Finance Program (FEFP) per student allocation is projected by the State and provided to the charter school. • Capital Outlay funding is determined by the State based on available funding. 3. March: Personnel needs are developed based on input from the Principal and staff. The following steps are utilized to forecast personnel: • Review existing staffing requirements to ensure adequate coverage for student needs and new programs. • Review salary structure to ensure competitiveness with the school district. • Benefits calculations such as Workers' Compensation, Life Insurance, Health Insurance, and Pension are provided by CSUSA and developed for each qualifying employee. 4. April: Individual expenditure line items are developed by the City Manager based on input from the Principal and historical data. A draft of the budget document is prepared by the City Manager. The draft is reviewed by the Principal and the Finance Department. 5. April/May: The budget is reviewed by the School Advisory Committee. The City Manager submits budget to the City Commission who acts as the Board of Directors for the School. 6. June: The budget is loaded into the accounting system. 7. July: Budget goes into effect. Budget Adoption The Charter School budget is approved via Ordinance at two public meetings scheduled for April and May conducted by the City Commission. The adopted budget is integrated into the accounting software system effective July 1st. Budget Control/Monitoring Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly -enacted Ordinance affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from City of Aventura Page 9 Charter School Fund Budget one individual line item account to another, so long as the line item accounts are within the same department and fund. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. The budget is monitored on a monthly basis to track variances between actual and budgeted amounts. Significant variances are investigated and monitored for corrective action. Quarterly review meetings are held with the Principal and City Manager. Encumbrances do not constitute expenditures or liabilities in the current year, but instead are defined as commitments related to unperformed contracts for goods or services, which are only reported in governmental funds. Budget Amendment Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the department total will exceed its original appropriation, the City Manager is authorized to prepare such Ordinances for consideration by the City Commission as may be necessary and proper to modify any line item from the Budget. Basis of Accounting Basis of Accounting refers to the time period when revenues and expenditures are recognized in the accounts and reported on the financial statements. Basis of accounting relates to the timing of the measurements made, regardless of the measurement focus applied. The accrual basis of accounting is followed for the proprietary fund types. The modified accrual basis of accounting is followed in the governmental fund types and the expendable trust funds type. Under the modified accrual basis of accounting, revenues are recorded when susceptible to accrual, that is, when they are both measurable and available. Available means collectible within the current period or soon enough thereafter to pay current liabilities. Expenditures are generally recognized under the modified accrual accounting when the related fund liability is incurred. Exceptions to the general rule are principal and interest on general long-term debt which is recognized when due. The Charter School Fund Budget applies all applicable GASB pronouncements as well as the following pronouncements issued on or before November 30, 1989, unless those pronouncements conflict with or contradict GASB pronouncements: Financial Accounting Standards Board (FASB) statements and interpretations, Accounting Principles Board (APB) opinions and Accounting Research Bulletins (ARBs). During June 1999, the Government Accounting Standards Board (GASB) issued Statement No. 34. This statement established new accounting and financial reporting standards for state and local governments. The Charter School Fund implemented the new financial reporting requirements of GASB 34. BUDGET DEVELOPMENT GUIDELINES Financial Policies The Charter School's financial policies, compiled below, set forth the basic framework for the overall fiscal management of the school. Operating independently of changing circumstances City of Aventura Page 10 Charter School Fund Budget and conditions, these policies assist the decision-making process of the City Manager and School's Administration. These policies provide guidelines for evaluating both current activities and proposals for future programs. Most of the policies represent long-standing principles; traditions and practices that have guided the Charter School in the past and have helped maintain financial stability. They are reviewed annually as a decision making tool and to ensure their continued relevance in an ever-changing environment. Operating Budget Policies 1. The Charter School will maintain at a minimum, an accessible cash reserve equivalent to four weeks of operating costs. 2. No new or expanded services shall be implemented without a corresponding revenue source or the implementation of trade-offs of expenses or revenues at the same time. This applies to personnel, equipment and any other peripheral expenses associated with the service. 4. The Charter School shall continue to support a scheduled level of maintenance and replacement of its infrastructure. 5. The Charter School shall support capital expenditures that reduce future operating costs. Capital Budget Policies 1. The Charter School will develop a multi-year plan for capital improvement that is updated annually. 2. The Charter School will maintain its physical assets at a level adequate to protect the School's capital investment and minimize future maintenance and replacement costs. The budget will provide for the adequate maintenance and the orderly replacement of the capital equipment from current revenues wherever possible. 3. The Charter School will provide sufficient funds to replace and upgrade equipment as well as to take advantage of new technology thereby ensuring that employees have safe and efficient tools to provide their service. It reflects a commitment to further automation and use of available technology to improve productivity in the Charter School's work force. The objective for upgrading and replacing equipment includes: (1) normal replacement as equipment completes its useful life, (2) upgrades to new technology, and (3) additional equipment necessary to service the needs of the Charter School. 4. The Charter School will use the following criterion to evaluate the relative merit of each capital project. Capital expenditures will foster goals of: a. Projects specifically included in an approved replacement schedule. b. Projects that reduce the cost of operations. c. Projects that significantly improve safety and reduce risk exposure. Revenue Policies 1. The School will attempt to maintain a diversified and stable revenue system as a shelter from short -run fluctuations in any single revenue source. 2. The School will attempt to obtain new revenue sources as a way of ensuring a balanced budget. City of Aventura Page 11 Charter School Fund Budget 3. The School will review fees/charges annually and will design or modify revenue systems to include provisions that automatically allow charges to grow at a rate that keeps pace with the cost of providing the service. Cash Management/Investment Policies 1. The School will deposit all funds received by 2:00 PM the next day. 2. Investment of School funds will emphasize safety of capital; liquidity of funds and investment income. 3. The School will collect revenues aggressively, including any past due amounts owed. Reserve Policies 1. The School will maintain a fund balance of at least $75,000. Accounting, Auditing, and Financial Reporting Policies 1. An independent audit will be performed annually. 2. The Charter School will produce annual financial reports in accordance with Generally Accepted Accounting Principles (GAAP) as outlined by the Governmental Accounting Standards Board (GASB). City of Aventura Page 12 Charter School Fund Budget AVENTURA CITY OF EXCELLENCE SCHOOL VISION STATEMENT To join with our community to become the premier charter school in the nation where academic excellence coexists with the promotion of social responsibility grounded in an atmosphere of human dignity. AVENTURA CITY OF EXCELLENCE SCHOOL PHILOSOPHY AND ESSENTIAL ELEMENTS The Aventura City of Excellence School staff believes that we have a responsibility to create a school climate that enables every individual to feel cared for, respected and to act as contributing members of the school culture. All students can learn and will be encouraged to strive for academic excellence and personal growth that will enable them to be productive and active members of society. In the practical application of this philosophy, opportunities shall be provided to: 1. Develop in each student and professional staff member a sense of self-worth and a positive self-concept 2. Imbue such character traits as honesty, integrity, compassion, respect, cooperation, humility, happiness and responsibility toward each other, our community and our world 3. Develop in each student an understanding of and responsibility for making positive personal and social choices 4. Improve upon the quality of instruction and curriculum by increasing the effectiveness of teachers and their teaching through ongoing professional development 5. Provide each student with experiences to develop an awareness of good health habits and attitudes for living by encouraging each student to perceive learning as a life-long continuing process from pre-school through adulthood 6. Encourage, through educational reporting, city and district officials, the citizens of Aventura, and the professional staff to support quality education in the school 7. Use assessment data to identify and track student achievement and learning goals 8. Develop school programs based on "best practices" to promote learning gains 9. Develop strong parent -teacher -student relationships 10. Provide a strong accountability system that holds everyone in the school community responsible for maximizing learning opportunities 11. Provide a low student -teacher ratio in order to enhance the development of the individual strengths of each student 12. Provide additional staff members for enrichment and remediation services 13. Develop in each student the ability to think critically, make inferences, apply knowledge to new settings and use these skills to make wise choices CURRICULUM ACES implements the Florida Standards with fidelity and the school's goals for student learning are coordinated or integrated across different disciplines. The curriculum's sequence is rational, with more complex ideas building on simpler ones, respecting each student's developmental levels and prior learning. Teachers and students are accountable for all state and local assessments in addition to internal formal and informal assessments and observations. City of Aventura Page 13 Charter School Fund Budget Classroom teachers utilize technology daily to reinforce instruction and offer opportunities for independent practice. ACES students have access to a multitude of online resources and individualized instructional programs at home and at school. Students in kindergarten through fifth grade utilize the ACES computer lab on a regular basis. Sixth grade students enroll in a semester technology course, with an emphasis on keyboarding and critical thinking. Seventh grade students are required to enroll in a year-long Computer Concepts course designed to expose them to all facets of the technology available to them. Eighth grade students take a year-long technology aided career awareness and entrepreneurship course. Teachers utilize mobile IPad and laptop labs regularly in the classroom. Wireless internet access is available throughout the campus. Students also participate in a "bring your own device program." ACES offers a variety of programs to meet the needs of all learners. The English Language Learners (ELL) program is offered to students who are working toward English language proficiency. Classroom teachers servicing ELL students have undergone special training related to strategies that enhance language acquisition. The ACES ELL Coordinator collaborates with classroom teachers related to instructional modifications that aide in content comprehension. Exceptional Education students are serviced within the general classroom, reducing social stigmas and enhancing the continuity of instruction. The ESE teacher collaborates with classroom teachers to ensure that "strategies for success" are implemented in all subject areas. Students with speech and language needs are serviced by a Speech and Language Pathologist and students with occupational therapy needs are serviced by a specialist. These programs are offered to students who qualify for services based on school district requirements. At -risk readers are targeted through a variety of intervention courses and strategies. ACES Literacy Team teaches at -risk -readers in Kindergarten through eighth grade in small group settings. This supplemental reading program provides intensive instruction using research based programs such as Wonders, Foundations, Reading Plus and I Ready. At -risk readers in middle school enroll in an intensive reading course which offers a one to one computing environment. ACES is focused on meeting the needs of all students. To this end, ACES offers a variety of extended school day programs. These programs target student needs and are offered both before and after school. These programs include small group writing instruction, focused math tutorials, science study group, civics study group and a Saturday reading and math academy. Gifted students in grades one - three receive "Gifted Instruction" in English language arts and reading daily. Project -based applications encompassing the sciences, arts, math, and language allow students an opportunity to combine their creativity and practical knowledge. Eligible students in grades 4, and 5 have an opportunity to enroll in a gifted language arts/reading course and a gifted math course. Eligible students in middle school have an opportunity to enroll in gifted courses in English Language Arts. City of Aventura Page 14 Charter School Fund Budget ACES science specialist works with all students' grades kindergarten through fourth grade on a weekly basis by providing integrated labs in their classrooms. A science lab program provides students with hands-on application of core curriculum. Students in fifth grade experiment in the science lab two times per week. The lab facilitator co -teaches with the classroom teacher to ensure instruction and labs are seamlessly aligned. All middle school students enroll in comprehensive science courses that emphasize hands-on investigation. ACES students are exposed to eco -literacy through participation in our outdoor garden project. ACES modern language program places emphasis on four basic components of language acquisition (e.g., listening, speaking, reading and writing). Students build an understanding of the relationship between perspectives and products of various cultures. Middle school students enroll in introduction to Spanish and can elect to take high school honors level Spanish I. The elementary Spanish program is offered to all kindergarten through fifth grade students and emphasizes cultures and conversational speaking. ACES middle school program offers academic rigor in conjunction with an extraordinary selection of extracurricular activities and elective programs. ACES students have the opportunity to enroll in high school honors level Spanish, physical science, biology, algebra and geometry and to select one of eight elective courses. Elective courses include Horticulture, Television Production, Modern Dance, Art, Ceramics, Keyboarding, Team Sports and Drama. All middle school students are invited to participate in after school teams including volleyball and basketball. ACES also participates in the Independent Athletic League and offers competitive boys and girls basketball and competitive boys and girls soccer, competitive girls volleyball and boys flag football. These programs are funded through the school budget and offered at no cost to students. Elementary school students also enjoy a variety of special subject classes daily. These programs include art, physical education, technology, media, Spanish and music. Each Friday Elementary students participate in a club. Clubs vary from year to year based on student interest. Currently ACES is offering the following clubs; Student Police Academy, Baton, Board Games, Disco Dance, Military and Drill Marching, Time Travel, Scrapbooking, Table Tennis, Contemporary Dance, Middle Eastern Dance, Readers Theater, Origami, Yoga, Kickball, Soccer, Basketball and Healthy Eating/Gardening. PERFORMANCE CRITERIA 1) Indicator: The State of Florida A+ Plan Grade shall be no lower than a "B". 2011/12 Actual: A 2012/13 Actual: A 2013/14 Actual: A 2014/15 Actual: A 2015/16 Actual: A 2) Indicator: Percent of parents that completed all 20 required volunteer hours by the end of the year. 2011/12 Actual: 100% 2012/13 Actual: 100% 2013/14 Actual: 100% City of Aventura Page 15 Charter School Fund Budget 2014/15 Actual: 100% 2015/16 Actual: 100% 3) Indicator: Number of students enrolled shall be 95% of the number allowed by the School Charter. 2011/12 Actual: 100% 2012/13 Actual: 100% 2013/14 Actual: 100% 2014/15 Actual: 100% 2015/16 Actual: 100% 4) Indicator: The year-to-year retention rate shall be 90%. 2011/12 Actual: 98% 2012/13 Actual: 98% 2013/14 Actual: 98% 2014/15 Actual: 98% 2015/16 Actual: 98% 5) Indicator: The percentage of parents who on the Parent Survey agree or strongly agree to the statement that 1 would recommend the Charter School to a friend" is 90%. 2011/12 Actual: 99% 2012/13 Actual: 99% 2013/14 Actual: 99% 2014/15 Actual: 99% 2015/16 Actual: 99% 6) Indicator: The audits required by State Law and the Charter shall indicate that the financial statements are presented fairly and that tests of compliance with laws and regulations and consideration of the internal control over financial reporting disclose no instances of non- compliance, nor any material weaknesses. 2011/12 Actual: All in compliance 2012/13 Actual: All in compliance 2013/14 Actual: All in compliance 2014/15 Actual: All in compliance 2015/16 Actual: All in compliance 7) Indicator: Class size and student/classroom teacher ratios shall be maintained throughout the school year at 18:1 for kindergarten through third grade and an average of 22:1 for all grades fourth through eighth. 2011/12 Actual: All in compliance 2012/13 Actual: All in compliance 2013/14 Actual: All in compliance 2014/15 Actual: All in compliance 2015/16 Actual: All in compliance 8) Indicator: Reading - Percent of Students in the school on grade level and above in Reading. This is based on the Florida Standards and exhibited in proficiency on the Florida Standards Assessment (FSA). 2014/15 Actual: 86% 2015/16 Actual: 82% City of Aventura Page 16 Charter School Fund Budget 9) Indicator: Math - Percent of Students in the school on grade level and above in Math. This is based on the Florida Standards and exhibited in proficiency on the Florida Standards Assessment (FSA). 2014/15 Actual: 89% 2015/16 Actual: 88% 10) Indicator: All Students will achieve high science standards as measured by Sunshine State Standards Performance Standards. 2011/12 Actual: 81% 2012/13 Actual: 85% 2013/14 Actual: 78% 2014/15 Actual: 88% 2015/16 Actual: 86% City of Aventura Page 17 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL FUND 190 BUDGET CATEGORY SUMMARY 2017/18 (July 1 - June 30) FUND DESCRIPTION CATEGORY 2015/16 ACTUAL 2016/17 APPROVED BUDGET 2016/17 HALF YEAR ACTUAL 2017/18 CITY MANAGER PROPOSAL 259,355 REVENUE PROJECTIONS 253,886 160,732 State Shared Revenues $ 7,805,054 $ 7,757,074 $ 3,753,515 $ 7,980,879 Charges for Services 494,477 520,000 234,165 500,000 Misc. Income 526,875 613,000 245,587 623,000 Other Non -Revenues 100,000 378,486 328,486 378,750 Total Revenues $ 8,926,406 $ 9,268,560 $ 4,561,753 $ 9,482,629 K-3 Basic 4-8 Basic Exceptional Student Program Substitute Teachers Instruct Media Services School Administration Pupil Transit Services Operation of Plant Child Care Supervision Capital Outlay Total Expenditures Revenues over(under) Expenditures City of Aventura EXPENDITURES $ 2,159,337 $ 2,329,304 $ 987,609 $ 2,373,717 2,827,518 2,865,157 1,175,247 2,951,999 230,203 259,355 104,204 253,886 160,732 107,428 118,527 108,824 57,858 70,637 34,387 72,892 1,073,297 1,056,846 500,856 1,069,770 193,400 195,000 96,700 195,000 1,753,396 1,934,833 905,092 1,953,541 121,467 157,000 61,061 150,000 243,869 293,000 214,412 353,000 $ 8,821,077 $ 9,268,560 $ 4,198,095 $ 9,482,629 $ 105,329 $ Page 18 - $ 363,658 $ - Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2017/18 DEPARTMENT DESCRIPTION This department is responsible for the organization, operation and management of the City's charter School. By focusing on low student teacher ratios, high academic standards and parental participation, the school provides a first class learning environment for the City's children. The school operations are provided in conjunction with a service contract with Charter Schools LISA_ 2016/16 2016/17 2016/17 2017/18 ACTUAL APPROVED HALF YEAR CITY MANAGER CATEGORY RECAP BUDGET ACTUAL PROPOSAL Personnel Services $ 5,737,325 $ 5,886,798 $ 2,545,086 $ 6,028,394 Operating Expenditures 2,369,173 2,554,762 1,206,077 2,567,235 Other Uses 470,710 534,000 232,520 534,000 Capital Outlay 243,869 293,000 214,412 353,000 To $ 8,821,077 $ 9,268,660 $ 4,198,096 $ 9,482,629 CSUSA Educational/ Administrative Services City of Aventura Organization Chart City Manager School Operations Page 19 School Advisory Committee Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL FUND 190 REVENUE PROJECTIONS 2017/18 ACCOUNT # SCHOOL REVENUE CODE DESCRIPTION 2016/16 ACTUAL 2016/17 APPROVED BUDGET 2016/17 HALF YEAR ACTUAL 2017/18 CITY MANAGER PROPOSAL State Shared Revenues: 3611000 3431 Interest Earnings 3359050 3261 School Lunch Reimbursement $ 100,387 $ 81,000 $ 33,030 $ 90,000 3359100 3310 Florida Education Finance Program 6,979,874 6,949,674 3,480,727 7,171,479 3359201 3361 A+ Revenues 97,516 98,400 - 98,400 3359301 Best & Brightest 66,053 - - - 3359701 9,000 E- Rate Program 12,449 5,000 - 5,000 3359800 3354 Transportation 124,932 138,000 64,212 131,000 3359910 3391 Capital Outlay 423,843 485,000 175,546 485,000 96,176 Subtotal 200,000 $ 7,805,054 $ 7,757,074 $ 3,753,515 $ 7,980,879 Charges for Services: 3478050 3450 Food Service Fees $ 172,298 $ 235,000 $ 80,640 $ 185,000 3479050 3473 After School Programs 322,179 285,000 153,525 315,000 Subtotal $ 494,477 $ 520,000 $ 234,165 $ 500,000 City of Aventura Page 20 Charter School Fund Budget Misc. Income: 3611000 3431 Interest Earnings $ 17,494 $ 9,000 $ 2,697 $ 9,000 3661900 3495 Misc. Revenues 134,426 230,000 89,407 230,000 3661910 3495 Sport Program Fundraising 9,942 9,000 3,360 9,000 3661955 3467 Field Trips/Special Programs 167,743 175,000 53,947 175,000 3665000 3469 Other Private Source Revenue 197,270 190,000 96,176 200,000 Subtotal $ 526,875 $ 613,000 $ 245,587 $ 623,000 Other Non -Revenues: 3811039 3610 Transfers In $ 100,000 $ 100,000 $ 50,000 $ 100,000 3999000 3489 Beginning Surplus - 278,486 278,486 278,750 Subtotal $ 100,000 $ 378,486 $ 328,486 $ 378,750 Total Revenues $ 8,926,406 $ 9,268,560 $ 4,561,753 $ 9,482,629 City of Aventura Page 20 Charter School Fund Budget BUDGETARY ACCOUNT SUMMARY 190-6001-669 K-3 Basic 6101 ACCOUNT # SCHOOL OBJECT CODE DESCRIPTION 2016/16 ACTUAL 2016/17 APPROVED BUDGET 2016/17 HALF YEAR ACTUAL 2017/18 CITY MANAGER PROPOSAL Personnel Services Cell Phone 840 840 420 1220 120 Teacher $ 1,487,390 $ 1,487,494 $ 641,341 $ 1,512,873 1230 130 Other Certified Instruction 137,990 185,968 96,164 190,913 4,500 5410 Reading Specialist Memberships/Dues/Subscription 260 1,500 1,194 1,500 5411 Instructional Counselor Textbooks 42,703 70,000 37,144 70,000 Assistant Principal subtotal $ 80,051 $ 118,840 $ 63,126 $ 1250 150 Kindergarten Aides (P/T) 7 99,291 100,263 30,762 103,393 Admin. Asst. 1502 291 Bonuses 13,500 48,000 5,291 48,000 1503 291 Stipends 16,050 32,350 - 34,558 2101 221 Social Security- matching 128,210 135,690 55,485 138,249 2201 211 Pension 12,158 12,804 5,778 13,055 2301 231 Health, Life & Disability Insurance 137,102 159,085 67,715 159,169 2302 232 Dental Insurance 17,585 20,752 7,793 20,752 2401 241 Workers' Compensation 26,696 23,058 13,406 28,915 2501 250 Unemployment Compensation 3,314 5,000 748 5,000 subtotal $ 2,079,286 $ 2,210,464 $ 924,483 $ 2,254,877 Operatina Exaenditures/Exaenses 4001 330 Travel/Conferences/Training $ 894 $ 4,000 $ 4,263 $ 4,000 4101 Cell Phone 840 840 420 840 5290 590 Other Mat'I & Supply 33,483 38,000 20,105 38,000 5299 790 Miscellaneous Expense 1,871 4,500 - 4,500 5410 521 Memberships/Dues/Subscription 260 1,500 1,194 1,500 5411 520 Textbooks 42,703 70,000 37,144 70,000 subtotal $ 80,051 $ 118,840 $ 63,126 $ 118,840 Total Function 6101 City of Aventura Page 21 $ 2,169,337 $ 2,329,304 $ 987,609 $ 2,373,717 11 Charter School Fund Budget ACCOUNT # SCHOOL OBJECT CODE CITY OF AVENTURA CHARTER SCHOOL 2017/18 BUDGETARY ACCOUNT SUMMARY 190-6002-569 4-8 Basic 5102 2015/16 ACTUAL DESCRIPTION 2016/17 APPROVED BUDGET 2016/17 HALF YEAR ACTUAL 2017/18 CITY MANAGER PROPOSAL Personnel Services 1220 120 Teacher $ 2,058,030 $ 1,963,069 $ 853,277 $ 2,054,494 1230 130 Other Certified Instruction 90,110 147,976 46,146 92,995 Assistant Principal 1250 150 Comm Spec/Instructional Asst. 20,790 16,380 3,666 27,040 1502 291 Bonuses 17,500 60,000 6,124 60,000 1503 291 Stipends 71,089 62,500 13,256 91,868 2101 221 Social Security- matching 164,010 162,748 66,285 166,351 2201 211 Pension 18,698 15,956 8,127 16,309 2301 231 Health, Life & Disability Insurance 143,766 173,440 62,978 173,558 2302 232 Dental Insurance 17,411 26,752 6,796 26,752 2401 241 Workers' Compensation 31,529 27,657 16,940 34,792 2501 250 Unemployment Compensation 3,531 5,000 504 5,000 subtotal $ 2,636,464 $ 2,661,478 $ 1,084,099 $ 2,749,159 Operating Expenditures/Expenses 4001 330 Travel/Conferences/Training $ 12,120 $ 6,000 $ 7,948 $ 6,000 4101 Cell Phone 840 840 420 840 5290 590 Other Mat'I & Supply 59,219 68,000 34,092 68,000 5299 790 Miscellaneous Expense 744 3,000 - 3,000 5410 521 Memberships/Dues/Subscription - 839 - - 5411 520 Textbooks 101,609 103,000 40,955 103,000 5901 791 Athletic Activities 16,522 22,000 7,733 22,000 subtotal $ 191,054 $ 203,679 $ 91,148 $ 202,840 Total Function 5102 $ 2,827,518 $ 2,865,157 $ 1,175,247 $ 2,951,999 City of Aventura Page 22 Charter School Fund Budget ACCOUNT# SCHOOL OBJECT CODE CITY OF AVENTURA CHARTER SCHOOL 2017/18 BUDGETARY ACCOUNT SUMMARY 190-6003-569 Exceptional Student Program 5250 2015/16 ACTUAL DESCRIPTION 2016/17 APPROVED BUDGET 2016/17 HALF YEAR ACTUAL 2017/18 CITY MANAGER PROPOSAL Personnel Services 1220 120 Teacher $ 91,184 $ 98,765 $ 59,320 $ 91,424 1230 130 Other Certified Instruction Dean of Student Services 63,263 64,165 5,001 66,091 1502 291 Bonuses 1,000 5,000 - 5,000 2101 221 Social Security- matching 11,712 12,464 4,771 12,050 2201 211 Pension 159 1,222 67 1,181 2301 231 Health, Life & Disability Insurance 9,326 13,321 1,160 13,308 2302 232 Dental Insurance 677 1,800 443 1,800 2401 241 Workers' Compensation 2,103 2,118 1,126 2,520 2501 250 Unemployment Compensation 197 - - - subtotal $ 179,621 $ 198,855 $ 71,888 $ 193,374 Operating Expenditures/Expenses 3190 310 Prof & Tech Services -SPED $ 46,199 $ 51,000 $ 29,938 $ 51,000 4001 330 Travel/Conferences/Training - 1,012 - 1,012 5290 590 Other Mat'I & Supply 3,644 6,000 2,348 6,000 5299 790 Miscellaneous Expense 739 1,500 30 1,500 5410 521 Memberships/Dues/Subscription - 988 - 1,000 subtotal -$ 50,582 $ 60,500 $ 32,316 $ 60,512 Total Function 5250 $ 230,203 $ 259,355 $ 104,204 $ 253,886 City of Aventura Page 23 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2017/18 BUDGETARY ACCOUNT SUMMARY 190-6004-669 Substitute Teachers 5901 SCHOOL OBJECT ACCOUNT # CODE DESCRIPTION Personnel Services 28,982 $ 1220 120 Pool Sub 1225 140 Teacher -P/T 1502 291 Bonuses 2101 221 Social Security- matching 2201 211 Pension 2301 231 Health, Life & Disability Insurance 2302 232 Dental Insurance 2401 241 Workers' Compensation 2501 250 Unemployment Compensation 975 1,093 Total Function 5901 City of Aventura 2016/16 ACTUAL 2016/17 2016/17 2017/18 APPROVED HALF YEAR CITY MANAGER BUDGET ACTUAL PROPOSAL $ 30,678 $ 28,982 $ 11,977 $ 30,042 105,549 65,000 86,192 65,000 500 500 - 500 10,295 5,736 7,464 5,817 - 217 - 225 10,330 4,418 10,217 4,423 1,572 600 764 600 918 975 1,093 1,217 890 1,000 820 1,000 Page 24 $ 160,732 $ 107,428 $ 118,527 $ 108,824 11 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2017118 BUDGETARY ACCOUNT SUMMARY 190-6006-669 Instruct Media Services 6200 ACCOUNT # SCHOOL OBJECT CODE DESCRIPTION 2016/16 ACTUAL 2016117 APPROVED BUDGET 2016117 HALF YEAR ACTUAL 2017118 CITY MANAGER PROPOSAL Personnel Services 1230 130 Media Specialist $ 48,018 $ 54,905 $ 25,922 $ 56,803 1502 291 Bonuses 500 2,500 - 2,500 2101 221 Social Security- matching 2,894 4,200 1,683 4,345 2201 211 Pension - 341 - 355 2301 231 Health, Life & Disability Insurance 3,862 4,377 3,453 4,380 2302 232 Dental Insurance 526 600 316 600 2401 241 Workers' Compensation 715 714 382 909 2501 250 Unemployment Compensation 144 - 43 - subtotal $ 56,659 $ 67,637 $ 31,799 $ 69,892 II Operating Expenditures/Expenses 5411 520 Textbooks Total Function 6200 City of Aventura $ 1,199 $ 3,000 $ 2,588 $ 3,000 subtotal $ 1,199 $ 3,000 $ 2,588 $ 3,000 1 57,858 $ 70,637 $ 34,387 $ 72,892 11 Page 25 Charter School Fund Budget 3114 2016/17 CITY OF AVENTURA 4001 330 Travel/Conferences/Training CHARTER SCHOOL 201 Automobile Allowance 4101 2017/18 Telephone 4855 BUDGETARY ACCOUNT SUMMARY Field Trips/School Events 4856 6,907 190-6006-569 5290 590 School Administration 7300 5410 SCHOOL Memberships/Dues/Subscription 2015/16 25,000 OBJECT 25,000 ACTUAL COUNT # CODE DESCRIPTION $ 491,814 $ rsonnel Services 206,183 $ 461,000 1211 110 Administrators $ 220,162 $ Dean Principal 1260 160 Other Support Personnel 262,264 2 Receptionist Administrative Secretary Registrar/Com pliance/ESE Business Manager Network/Comp Tech 1502 291 Bonuses 500 2101 221 Social Security- matching 33,464 2201 211 Pension 22,774 2301 231 Health, Life & Disability Insurance 31,470 2302 232 Dental Insurance 3,217 2401 241 Workers' Compensation 7,067 2501 251 Unemployment Compensation 565 subtotal $ 581,483 $ 3114 2016/17 After School Programs 4001 330 Travel/Conferences/Training 4041 201 Automobile Allowance 4101 15,019 Telephone 4855 790 Field Trips/School Events 4856 6,907 Special Events 5290 590 Other Mat'I & Supply 5410 521 Memberships/Dues/Subscription 22,076 25,000 subtotal Total Function 7300 City of Aventura Page 26 2016/17 2016/17 2017/18 APPROVED HALF YEAR CITY MANAGE BUDGET ACTUAL PROPOSAL 41,787 15,019 41,803 212,623 $ 145,639 $ 215,919 264,868 98,213 267,80711 6,500 - 6,500 36,528 16,069 37,005 24,633 11,398 25,296 41,787 15,019 41,803 4,700 1,334 4,700 6,207 6,907 7,740 2,000 94 2,000 599,846 $ 294,673 $ 608,770 $ 138,079 $ 98,000 $ 66,237 $ 115,000 11,649 10,000 7,643 10,000 5,400 5,400 2,700 5,400 600 600 300 600 184,591 162,000 47,253 162,000 127,836 153,000 69,854 140,000 22,076 25,000 9,717 25,000 1,583 3,000 2,479 3,000 $ 491,814 $ 457,000 $ 206,183 $ 461,000 $ 1,073,297 $ 1,056,846 $ 500,856 $ 1,069,770 Charter School Fund Budget SCHOOL OBJECT ACCOUNT # CODE DESCRIPTION Operating Expenditures/Expenses 3190 310 Prof & Tech Services Total Function 7800 City of Aventura CITY OF AVENTURA CHARTER SCHOOL 2017118 BUDGETARY ACCOUNT SUMMARY 190-6006.669 Pupil Transit Services 7800 Page 27 2016116 ACTUAL 2016117 2016117 2017118 APPROVED HALF YEAR CITY MANAGER BUDGET ACTUAL PROPOSAL $ 193,400 $ 195,000 $ 96,700 $ 195,000 $ 193,400 $ 195,000 $ 96,700 $ 195,000 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2017/18 BUDGETARY ACCOUNT SUMMARY 190-6008-569 Operation of Plant 7900 ACCOUNT # SCHOOL OBJECT CODE DESCRIPTION 2015/16 ACTUAL 2016/17 APPROVED BUDGET 2016/17 HALF YEAR ACTUAL 2017/18 CITY MANAGER PROPOSAL Personnel Services 1260 160 Other Support Personnel $ 33,717 $ 32,427 $ 15,488 $ 34,403 Janitor 2101 221 Social Security- matching 2,524 2,481 1,192 2,632 2201 211 Pension 4,384 4,540 2,168 4,816 2301 231 Health, Life & Disability Insurance 922 142 - 647 2302 232 Dental Insurance - 500 - - 2401 241 Workers' Compensation 1,533 1,000 769 1,000 subtotal $ 43,080 $ 41,090 $ 19,617 $ 43,498 Operating Expenditures/Expenses 3148 312 Planning/Management Fee CSUSA $ 279,756 $ 300,000 $ 150,000 $ 306,000 3149 MDCSB Administrative Fee 141,446 144,743 69,981 144,743 3201 312 Accounting & Auditing Fees 12,700 11,000 10,500 11,300 3431 310 Contract -Food Services 278,869 275,000 123,545 275,000 4101 370 Communications 77,238 70,000 37,040 75,000 4301 430 Electricity 126,402 140,000 63,063 130,000 4320 380 Pub Ut Svc Othr Energy Sv 25,935 24,000 17,899 24,000 4440 360 Office Equip - Leasing Expense 38,034 28,000 21,687 38,000 4501 320 Insurance & Bond Premium 9,792 35,000 1,087 35,000 4620 350 Contract- Building Maintenance 154,303 197,000 78,830 197,000 4635 350 Repairs & Maintenance 63,192 90,000 74,510 90,000 5120 Computer Supplies/Software 25,449 35,000 4,475 40,000 5290 590 Other Mat'I & Supply 6,490 10,000 338 10,000 subtotal $ 1,239,606 $ 1,359,743 $ 652,955 $ 1,376,043 Other Uses 5901 790 Contingency $ 24,491 $ 85,000 $ 10,172 $ 85,000 5905 790 AACC Expenses 2,219 5,000 348 5,000 9129 921 Lease Payments to City Debt Service Fund 444,000 444,000 222,000 444,000 subtotal $ 470,710 $ 534,000 $ 232,520 $ 534,000 Total Function 7900 $ 1,753,396 $ 1,934,833 $ 905,092 $ 1,953,541 City of Aventura Page 28 Charter School Fund Budget CITY OF AVENTURA CHARTER SCHOOL 2017118 BUDGETARY ACCOUNT SUMMARY 190-6009-569 Child Care Supervision 9102 SCHOOL OBJECT ACCOUNT # CODE DESCRIPTION Operating Expenditures/Expenses 3113 310 Contract -Recreation Programs 3201 312 Accounting & Auditing Fees 4301 430 Electricity 4501 320 Insurance & Bond Premium 4620 350 Contract- Building Maintenance 4635 350 Repairs & Maintenance 5290 590 Other Mat'I & Supply Total Function 9102 City of Aventura 2015116 ACTUAL 2016117 2016117 2017118 APPROVED HALFYEAR CITY MANAGER BUDGET ACTUAL PROPOSAL $ 88,770 $ 120,000 $ 44,241 $ 114,000 1,000 1,000 500 - 10,000 10,000 5,000 10,000 3,000 3,000 1,500 3,000 8,816 9,000 4,500 9,000 8,500 8,500 4,250 8,500 1,381 5,500 1,070 5,500 subtotal 121,467 $ 157,000 $ 61,061 $ 150,000 -$ $ 121,467 $ 157,000 $ 61,061 $ 150,000 Page 29 Charter School Fund Budget SCHOOL OBJECT ACCOUNT # CODE DESCRIPTION CITY OF AVENTURA CHARTER SCHOOL 2017/18 BUDGETARY ACCOUNT SUMMARY 190-6010-669 Capital Outlay 7400 2016/16 ACTUAL Capital Outlay $ 115,000 6401 692 Computer Equipment >5000 6402 643 Computer Equipment <5000 6410 640 Furniture, Fixture & Equipment Mobile Learning Computer Labs Total Function 7400 Replace Network Switches and Routers Phone System Upgrade Replace AV Equipment and/or Smartboards Subtotal 2016/17 2016/17 2017/18 APPROVED HALF YEAR CITY MANAGER BUDGET ACTUAL PROPOSAL $ 75,442 $ 65,500 $ 49,721 $ 102,000 132,912 227,500 152,728 237,000 35,515 - 11,963 14,000 $ 243,869 $ 293,000 $ 214,412 $ 363,000 $ 45,000 5,000 52,000 $ 102,000 Replace 115 Laptops/Computers $ 115,000 Add 30 New Laptops 30,000 150 Tablet Computers 63,000 Replace Security Cameras 5,000 Mobile Learning Computer Labs 24,000 Subtotal $ 237.000 Classroom Desk Replacements City of Aventura Page 30 Charter School Fund Budget ORDINANCE NO. 2017 - AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2017/18(JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2017/2018 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly -enacted Resolution affecting such amendment or transfer. City of Aventura Page 31 Charter School Fund Budget Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. City of Aventura Page 32 Charter School Fund Budget Section 7. Encumbrances. All outstanding encumbrances at June 30, 2016 shall lapse at that time; and all capital outlay encumbrances and capital outlay expenditures not spent during the fiscal year may be re -appropriated in the 2017/2018 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. adoption on second reading. City of Aventura This Ordinance shall be effective immediately upon Page 33 Charter School Fund Budget CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, ICMA-CM, City . • -. -r DATE: March 20, 2017 SUBJECT: Ordinance Amending 2016/17Charter chool Fund Budget 1st Reading April 20, 2017 City Commission Meeting Agenda Item 315 2nd Reading May 2, 2017 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2016/17 Charter School Fund Budget. The total amount of the amendment is $48,000. BACKGROUND The attached document has been prepared to recognize unanticipated revenues and expenditures in the amount of $48,000 associated with the State of Florida's Best and Brightest Teacher Scholarship Program. Florida's Best and Brightest Teacher Scholarship Program rewards classroom teachers who have been evaluated as highly effective and who have earned college entrance scores on the SAT or ACT at or above the 80th percentile. At ACES, seven teachers qualified for the scholarship program. This is a State funded program. If you have any questions, please feel free to contact me. EMS/act Attachment CC01697-17 ORDINANCE NO. 2017- _ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2016-08, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2016/2017 (JULY 1 — JUNE 30) BY REVISING THE 2016/2017 FISCAL YEAR BUDGET DOCUMENT AS OUTLINED IN EXHIBIT "A" ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the Aventura City of Excellence School and upon the recommendations of the City Manager (and the concurrence of the Finance Director as to Accounting Principles), it is deemed necessary to adjust, amend and implement the 2016/2017 Operating and Capital Budget of the Aventura City of Excellence School as set forth in Exhibit "A" attached hereto and made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The recitals contained in the preamble to this Ordinance are incorporated by reference herein. Section 2. The City Commission hereby authorizes the amendment of Ordinance No. 2016-08, which Ordinance adopted a budget for the 2016/2017 fiscal year for the Aventura City of Excellence School by revising the 2016/2017 budget as set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference as though set forth in full herein. City of Aventura Ordinance No. 2017- Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner , who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman The foregoing Ordinance was offered by Commissioner , who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Marc Narotsky Mayor Enid Weisman Page 2 of 3 City of Aventura Ordinance No.2017- PASSED on first reading this 20th day of April, 2017. PASSED AND ADOPTED on second reading this 2nd day of May, 2017. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 EXHIBIT A Budget Amendments CHARTER SCHOOL FUND 190 2016/17 2016/17 2016/17 OBJECT ADOPTED AMENDED REVISED CODE CATEGORY BUDGET AMOUNT BUDGET Revenues State Shared Revenues 3359301 Best & Brightest Scholarship $ - $ 48,000 $ 48,000 SUBTOTAL $ - $ 48,000 $ 48,000 ..................... Total Amendments-Revenues f1i 11111{1111111111111 Expenditures K to 3 1502 Bonuses $ 48,000 $ 40,000 $ 88,000 SUBTOTAL $ 48,000 $ 40,000 $ 88,000 4 to 8 1502 Bonuses $ 60,000 $ 8,000 $ 68,000 SUBTOTAL $ 60,000 $ 8,000 $ 68,000 ..................... Total Amendments-Expenditures CITY OF AVENTURA OFFICE OF THE CITY COMMISSION MEMORANDUM TO: City Commission FROM: Enid Weisman, Mayor DATE: April 11, 2017 SUBJECT: City Manager Evaluation The Employment Agreement for the City Manager provides for an annual evaluation. I utilized the formal evaluation process that the previous Commission has used for assessing the performance of the City Manager. The performance categories also were developed based on models from the International City Managers Association (ICMA). Each criterion was rated based on the following rating system: 1 = Needs Strengthen/Improvements 2 = Meets Expectations 3 = Excellent The following represents the Performance Categories and my ratings for this past year: 1. Policy Execution — Implements the governing body actions in accordance with the intent of the City Commission, enforces the City's laws, policies and ordinances and reviews ordinances and policy procedures periodically to suggest improvements. Score: 3 2. Fiscal Management — Prepares an operating and CIP budget document and budgetary recommendations in an intelligent and realistic format, appropriately monitors and manages the fiscal activities of the City, makes the best possible use of available funds, conscious of the need to operate efficiently and effectively and makes recommendations to save costs. Score: 3 3. Reporting — Provides regular information and reports to the City Commission concerning matters of importance and on City operations, responds in a timely manner to requests and concerns of the City Commission, takes the initiative to provide information, advice and recommendations on important matters facing the City. Score: 3 4. Citizen Relations — Responsive to requests from citizens in a timely and professional manner, accessible to members of the community, demonstrates a dedication to service to the community meets with and listens to members of the community to discuss their concerns and strives to understand their interests. Score: 3 5. Leadership — Sets a professional example by handling the affairs of the City in a fair and impartial manner, exercises good judgment, diligent and thorough in the discharge of duties and demonstrates a capacity for innovation and creativity. Score: 3 6. Supervision and Staffing — Recruits and retains competent personnel for department director positions, encourages department directors to operate their departments with minimal involvement yet maintains general control of operations, encourages teamwork, innovation and effective problem solving among staff members. Sustains or improves staff performance by evaluating, setting goals and assessing their progress. Score: 3 7. Commission Relations — Carries out the directives of the whole as opposed to those of any one member, provides profession staff reports and recommendations on agenda items, disseminates complete and accurate information equally to all members in a timely manner, keeps the commission informed and assists in establishing long range goals. Score: 3 This past year, much has been accomplished including the Land Purchase Agreement with Gulfstream, completion of important capital projects and the successful conclusion of negotiations with the PBA. In addition to the above, I would like to point out that this June, Eric will have completed 21 years of service with our City and will have been in public administration over 39 years. Very few cities have a manager with his years of experience, longevity and more important, the stability he has provided to our City. I think we all agree that we are very fortunate to have Eric as our City Manager. His accomplishments with the City are too numerous to outline in this memorandum. Based on the foregoing I recommend the following: • In lieu of a permanent raise in salary, Mr. Soroka has agreed to a Bonus of $25,000. I feel that the items outlined above are reasonable and fair to both parties. EW/elh