04-19-2018 Commission Meeting Agenda City Manager
City Commission Susan L.Grant
]Enid Weisman,Mayor
Robert Shelley,Vice Mayor = - City Clerk
Denise Landman,Commissioner �� ]Ellisa L.Horvath,MMC
Dr.Linda Marks,Commissioner
Gladys Mezrahi,Commissioner City Attorney
Marc Narotsky,Commissioner Weiss Scrota Hel fnan
Howard Weinberg,Commissioner �e p(�Q+ Cole&Bierman
CITY COMMISSION MEETING AGENDA
APRIL 19, 2018
9:00 a.m.
Aventura Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF
EXCELLENCE SCHOOL BOARD OF DIRECTORS:
A. RESOLUTIONS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND
OTHERWISE ENTER INTO THAT CERTAIN ADMINISTRATIVE AND
EDUCATIONAL SERVICES AGREEMENT 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.
B. ORDINANCES-FIRST READING/PUBLIC HEARINGS:
1. 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
2018/2019 (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.
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-05, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL
BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR
FISCAL YEAR 2017/2018 (JULY 1 - JUNE 30) BY REVISING THE 2017/2018
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 Commission Meeting Agenda
April 19, 2018
3. ORDINANCES—FIRST READING/PUBLIC HEARINGS:
A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE
ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR
FISCAL YEAR 2018/2019 (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. 2017-08, WHICH ORDINANCE
ADOPTED THE AVENTURA CHARTER HIGH SCHOOL BUDGET FUND 191 FOR
FISCAL YEAR 2017/2018 (JULY 1 — JUNE 30) BY REVISING THE 2017/2018
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.
4. 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.
Page 2 of 2
CMCS Consulting Services
MEMORANDUM
TO: Susan Grant, City Manager
FROM: Eric M. Soroka, CMCS Consulting Services
DATE: March 20, 2018
SUBJECT: New Administrative and Educational Services Agreement with
Charter Schools USA Inc. for the Aventura City of Excellence School
As previously discussed, the current Administrative and Educational Services
Agreement ("Agreement") with Charter Schools USA Inc ("CSUSA") for the Aventura
City of Excellence School ("ACES") expires on June 30, 2018. In accordance with the
Consulting Agreement I entered into with the City, a replacement Agreement has been
negotiated on behalf of the City, with Charter Schools USA Inc to be effective July 1,
2018. The Agreement was based on input from ACES Principal, City Attorney,
Information Technology Director and yourself.
BACKGROUND
In 2001, after a formal Request for Proposal process, the Commission approved a
Resolution selecting the firm of CSUSA to design, operate and maintain a Charter
Elementary School for the City. In 2002, the CITY entered into a Management
Agreement with CSUSA for the Aventura Charter Elementary School that opened for the
2003-2004 school year. In December of 2004, the City and CSUSA agreed to amend
the Elementary Agreement, to incorporate the new requirements of the Charter granted
by Miami-Dade County School Board, add the middle school component and align
CSUSA's responsibilities in connection with the Charter School to reflect those it
performed at that time. The original Agreement expired on June 30 2013. A new
Agreement was entered into for the period of July 1, 2013 to June 30, 2018. That
Agreement reduced and capped the fees per student in the later years of the Agreement
and the technology management component was revised whereby the City assumed
additional services previously performed by CSUSA.
Both parties wish to extend the Agreement, based on the long term success of the
School in order to continue to provide stability to the teachers and staff and update the
Agreement to reflect the current operations.
The following is the major points of the Agreement:
• The annual fees to be paid CSUSA will not increase and will remain the same for
the next five years, reflective of the fees in effect since 2016.
Current Agreement
4.3% of the sum of student enrollment capped at $300/student or
$306,000 per year
Proposed Agreement
7/1/2018 to 6/30/2023 $306,000 per year
7/1/2023 to 6/30/2028 To be negotiated
• The Proprietary Information section was deleted as the City no longer operates
with instructional materials, training materials, curriculum and lesson plans, or any
other materials created and developed by CSUSA .
• The initial term of the Agreement is for five years. The Agreement may be
extended for an additional term up to five years upon agreement of both parties.
• The Agreement was updated to reflect that cafeteria management and food
service bid procurement was assumed by the City in 2015.
I recommend that this item be placed on the April 19, 2018 Commission Meeting Agenda
for approval. I want to take this opportunity to recognize CSUSA for being a partner in
the success of ACES over the years, for their ongoing concern for the school and their
willingness to negotiate a fair agreement to all parties.
Attached, for the Agenda, please find a Resolution approving the Agreement, redlined
version of the Agreement with the revisions and final version of the Agreement.
If you have any questions, please feel free to contact me.
Attachments
RESOLUTION NO. 2018-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN
ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT
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.
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 Administrative and Educational Services Agreement 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 Howard Weinberg
Commissioner Marc Narotsky
Vice Mayor Robert Shelley
Mayor Enid Weisman
City of Aventura Resolution No. 2018-_
PASSED AND ADOPTED this 19'" day of April, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
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ADMINISTRATIVE AND EDUCATIONAL SERVICES
AGREEMENT
among
CHARTER SCHOOLS USA, INC.,
and
CITY OF AVENTURA
for the
AVENTURA CITY OF EXCELLENCE SCHOOL
TABLE OF CONTENTS
1. Recitals 2
2. Definitions 2
3. Term 4
4. Charter School 4
5. Services to be provided by CSUSA 4
6. Responsibilities of the City 13
7. Cooperation 20
8. Additional Mutual Obligations 20
9. Charter Schools Funding Resources 20
10. Administrative and Educational Services Fees 20
11. Insurance 20
12. Indemnification 21
13. Default 22
14. Termination of this Agreement 23
15. Transfer of Functions Upon Termination 25
16. Entire Agreement 26
17. Assignments 26
18. Further Assurances 26
19. Relationship of Parties 26
20. Interpretations 26
21. Time of the Essence 26
22. Binding Effect 26
23. Notices 27
24. Headings 27
25. Severability 28
26. Waivers 28
27. Outside Business 28
28. Third Parties 28
29. Jurisdiction and Venue 28
30. Enforcement Costs 29
31. Remedies Cumulative 29
32. Contracts and Subcontracts 29
33. Counterparts 30
34. Governing Law 30
35. Sale or Transfer of interest in CSUSA 30
36. Additional Audits 31
37. Police/Regulatory Powers 31
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ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT FOR THE
AVENTURA
CITY OF EXCELLENCE SCHOOL
THIS ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT (the
"Agreement") is made and entered into as of the day of , 2018, by and
among CHARTER SCHOOLS USA, INC., a Delaware corporation; ("CSUSA"); and CITY
OF AVENTURA ("CITY"), a Florida municipal corporation.
WITNESSETH:
WHEREAS, at the July 3, 2001 , City Commission meeting, the Commission
approved a Resolution selecting the firm of CSUSA to design, operate and maintain a
Charter Elementary School for the CITY; and
WHEREAS, the CITY and CSUSA entered into the July 2, 2002 Management
Agreement( the " Elementary Agreement" ) for the Aventura Charter Elementary School
to organize, manage, staff, operate and maintain the Charter Elementary School that
opened for the 2003-2004 school year; and
WHEREAS, in December of 2004 the City and CSUSA agreed to amend the
Elementary Agreement with CSUSA, to incorporate the requirements of the Charter and
First Amendment (hereinafter referred to as the "Charter, as amended"), add the middle
school component and align CSUSA's responsibilities in connection with the Charter
School to reflect those it performed at that time.; and,
WHEREAS, in April of 2013 the City and CSUSA agreed to extend the Agreement
to June 30, 2018; and,
WHEREAS, the current Agreement (the" Current Agreement") with CSUSA
expires on June 30, 2018 and both parties wish to extend the Agreement, which is in the
best interests of the School, in order to continue to provide stability to the teachers and
staff and update the Agreement to reflect the current operations; 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.
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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 her 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.
2.4 Administrative and Educational Services Agreement
Documents - The Administrative and Educational Services Agreement Documents
consist of the Certificate(s) of Insurance, all applicable provisions of State, Federal,
Chartering Entity or local laws, ordinances, regulations, rules or policies (incorporated
herein by reference); the Charter and all amendments thereto, , and any additional
documents which are required to be submitted under this Agreement, and all amendments,
modifications and supplements issued or to take effect on or after the Effective Date of
the Agreement.
2.5 CSUSA—Charter Schools USA, including where CSUSA is indicated
as the responsible party to perform an obligation pursuant to this Agreement.
2.6 Effective Date of the Agreement.
2.6.1 This Agreement shall become effective upon July 1, 2018.
2.6.2 The Current Agreement shall be applicable for all Services, as
defined in the Current Agreement, activities and obligations necessary to, required by, or
associated with the Charter School and the Charter, as amended, until the Agreement
becomes effective, and shall thereafter remain in effect for those obligations and
requirements that survive the Current Agreement.
2.7 School —Aventura City of Excellence School or Charter School.
2.8 Services — Those activities that must be performed in connection
with the Charter School as set forth in this Agreement.
2.9 The Chartering Entity_ The School Board of Miami- Dade County,
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Florida .
2.10 Written Amendment - A written amendment of the Agreement
and/or the Administrative and Educational Services Agreement Documents, signed by
the CITY and CSUSA to take effect 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 in connection with the Charter
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,
2023, unless terminated earlier pursuant to the provisions of this Agreement, subject to
any further obligations (including payment obligations) of the parties that survive
termination. The Agreement may be extended for an additional term up to five (5) years
upon written agreement of both parties.
4. Charter School. The Charter School is a K-8 school. CSUSA shall perform
its responsibilities regarding the Charter School in accordance with the Charter, as
amended, and all applicable federal, state, local and Chartering Entity laws, ordinances,
rules and regulations.
5. Services To Be Provided By CSUSA. CSUSA's fees hereunder shall
compensate it for the performance of the Services, as further specified herein. Any funds
required or expenditures to be made by CSUSA in the performance of these
responsibilities shall be substantially in conformance with the Administrative and
Educational Services Agreement Documents and the approved Charter School Annual
Budget (as hereinafter defined). It is the specific intent of the parties that the costs
associated with CSUSA's responsibilities (and fees), shall not be shifted from CSUSA
into the Charter School's operating budget. Responsibilities of CSUSA shall include, but
are not limited to, the following areas:
5.1 Education Consulting Services
5.1.1 Curriculum, Accountability and Testing and Sustainable
Performance. CSUSA shall:
5.1.1.1 Assist the School in the implementation of City-
approved curriculum for the Charter School that incorporates the performance-based
State adopted Standards and complies with the Administrative and Educational Services
Agreement Documents.
5.1.1.2 Assist the School in implementing appropriate
programs for Exceptional Student Education (ESE) students and Limited English
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Proficient (LEP) students, in accordance with federal and state laws, local policies and
procedures, and the Administrative and Educational Services Agreement Documents.
5.1.1.3 Assist the School in Evaluating the Charter School's
success in achieving the objectives stated in the Administrative and Educational Services
Agreement Documents on at least an annual basis.
5.1.1.4 Assist the School in complying with the requirements
delineated in Florida State Board of Education Administrative Rule 6A-1 .09981,
Implementation of Florida's System of School Improvement and Accountability, as may
be amended from time to time.
5.1.1.5 Assist the School in ensuring that the Charter School's
program is consistent with the state education goals established by Florida Statute
1000.03(5).
5.1.1.6 Assist the School in making every reasonable effort
to ensure that student performance increases from year to year, assess the possible
reasons for such performance and take all reasonable steps to enable the students to
continually progress and improve their academic performance.
5.1.2 Parent Activities.
5.1.2.1. A Parent Survey substantially similar to that attached
as Exhibit "A" shall be conducted in the spring of each year.
5.2 Development and Operations Management.
5.2.1 Public Relations. Any public relations performed by CSUSA
for the Charter School including, without limitation, community outreach, press releases
and media relations, shall be coordinated with and approved by the City Manager's Office.
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.
5.2.2 Contracted Services and Contract Administration.
5.2.2.1 Contract Administration. CSUSA shall
coordinate, negotiate and administer those contracts for CSUSA Services to be
performed or provided by third parties and which must be entered into by the Charter
School during the term of this Agreement to ensure the efficient operation of the Charter
School. Said contracts shall comply with the provisions of Section 32 of this Agreement
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and said contracts and services shall comply with all applicable federal, State, local and
Chartering Entity laws, ordinances, rules and regulations.
5.2.2.2 Cafeteria Management and Food Service.
CSUSA shall assist the Charter School to comply with all applicable federal, state, local
and Chartering Entity, laws, ordinances, rules, and regulations, and the Charter, as
amended, regarding the provision of food service to all students attending the Charter
School. The City shall serve as the Food Service Sponsor as defined by the Florida
Department of Education (DOE) for the purpose of filing an application with the DOE to
participate in the National School Lunch Program (NSLP). The Food Service Sponsor
shall appoint a designee to be responsible for maintaining student applications and
processing monthly reimbursements through the DOE. CSUSA shall assist in the
preparation of the NSLP application and distribution of student applications. CSUSA shall
assist the Food Service Sponsor in the collection of data to be provided in accordance
with NSLP policy and procedure.
5.2.3 Student Lottery.
5.2.3.1 CSUSA shall be responsible for conducting any
lotteries, and shall ensure that the Charter School's enrollment , registration and lottery
processes are in compliance with Florida Statutes, the Administrative and Educational
Services Agreement Documents, and the Charter, as amended. As permitted by Florida
Statutes, ACES will give preference to children of CITY residents. 30 days prior to open
enrollment CSUSA will provide to the Principal a draft of the electronic application forms
that will appear as part of the enrollment process.
5.2.4 Staff Recruitment.
CSUSA shall assist the School in recruitment efforts to target well-qualified and
enthusiastic administrative personnel, teachers and staff. Notwithstanding the
requirements of this paragraph, the CITY may conduct its own marketing, public relations
and recruitment efforts to attract personnel for Charter School employment.
5.2.5 State, Local and School Board Compliance.
5.2.5.1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School with
the requirements of the Chartering Entity and for complying with all reasonable requests
of the Chartering Entity regarding the Charter School. CSUSA shall be responsible for
providing the CITY, in a timely manner, with any and all information, data, materials,
documents, records, and submittals for or associated with the Services performed by
CSUSA, that are requested by or necessary for the CITY to coordinate with the
requirements of or comply with all reasonable requests of the Chartering Entity.
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5.2.5.2 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 developing, organizing, managing, staffing, operating and
maintaining charter schools in the State of Florida and with the Chartering Entity. CSUSA
shall be responsible for ensuring that the Services performed by CSUSA comply, and
shall provide advice and assistance to the CITY to ensure the Charter School complies
with all applicable federal, state, local and Chartering Entity laws, ordinances, rules and
regulations.
5.2.6 Annual Financial Report and School Improvement Plan.
5.2.6.1 CSUSA shall provide to the CITY on a timely basis
any information required to prepare the Annual Financial Report as required by Florida
Law and the Charter as amended from time to time
5.2.7 Records Retention; Public Records.
5.2.7.1 CSUSA shall provide, protect, preserve, and maintain
all books, records and related documents of or affecting the Charter School, resulting
from, required by, relative to or associated with the Services performed by CSUSA, that
are not proprietary to CSUSA (the "Public Records"), pursuant to the provisions of the
Charter, as amended, and Chapter 119, F.S. as amended from time to time. CSUSA shall
execute and comply with the CITY'S Public Records Act Addendum as an Exhibit to this
Agreement.
5.2.7.2 In the event of termination of this Agreement, CSUSA
shall, pursuant to Section 15, deliver any and all Public Records in its possession to the
CITY within thirty (30) calendar days of such termination.
5.2.8 Insurance. CSUSA shall obtain liability policies that provide
for educator professional liability insurance and auto liability. The costs associated with
such insurance shall be included in the approved Charter School Annual Budget and paid
for from the Charter School Fund; provided, however, that CSUSA's corporate insurance
requirements as outlined in Section 11 of this Agreement herein, shall be separate and
distinct from the insurance requirements of the Charter School. CSUSA shall obtain
worker's compensation insurance for all CSUSA employees that are employed at the
Charter School, in compliance with the Administrative and Educational Services
Agreement Documents and all applicable federal, state, local and Chartering Entity laws,
ordinances, rules and regulations.
The liability policy to be obtained by CSUSA will provide liability coverage for all
Services and programs at the Charter School provided, offered or held by CSUSA. All
insurance to be obtained by CSUSA will be with financially responsible insurance
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companies licensed to do business in the State of Florida with a rating of A or better; will
name as insureds CSUSA and CITY, as their respective interests may appear; and will
require written notice of any cancellation or change to be sent to CSUSA and CITY at
least thirty (30) days prior to cancellation, termination or material change. Within five (5)
days of the Effective Date, CSUSA will deliver to the CITY copies of all insurance
certificates and policies required under this Agreement, along with receipts evidencing
payment of the premiums for such insurance. CSUSA shall also provide the CITY with
the foregoing information relative to the renewal of any required insurance policy prior to
the expiration of any such policy. Each insurance policy required to be obtained by
CSUSA under this Agreement must also provide that the insurer waives all rights of
subrogation which the insurer might have against CITY. CSUSA acknowledges and
agrees that the insurance required by this Agreement and any proceeds paid in
connection with any claim thereunder shall in no way limit CSUSA's responsibilities and
liabilities as set forth in this Agreement.
5.3 Financial Management.
5.3.1 Annual Budget. CSUSA shall assist the City Manager in
the preparation of a detailed annual budget (the "Charter School Annual Budget"). The
Charter School Annual Budget shall be finalized by April 30 of each year for presentation
to the City Commission.
The CITY shall ensure that the Charter School Annual Budget is
submitted to the Chartering Entity in a timely manner consistent with the Charter.
5.3.2 Audits. CSUSA shall accommodate all required audits of the
Charter School and shall provide information and ensure access to all school records and
source documents required by, relative to, or associated with the Services to be
performed by CSUSA in a timely manner.
5.4 Human Resource Management.
5.4.1 Payroll Administration. CSUSA shall prepare, maintain,
administer, and report all payroll of CSUSA's employees hired to work at the Charter
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 or municipal authority during the term of this Agreement. All payroll and
other financial or operational records for the Charter 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
School. CSUSA shall deposit such payroll taxes as may be required by the Internal
Revenue Service for the payment of payroll taxes for the employees referenced herein.
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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. CSUSA shall be
responsible for submitting to the City Manager or her designee, reimbursement for
CSUSA employees employed at the Charter School in a form acceptable to both parties.
5.4.2 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. Except as provided below, CSUSA shall employ
sufficient qualified full-time and part-time personnel to operate the Charter School (as is
necessary and appropriate during the Term of this Agreement), including without
limitation, administrators, teachers, clerical, and other staff to enable the Charter School
to be operated in conformance with the Administrative and Educational Services
Agreement Documents and the Charter School Annual Budget. CSUSA shall determine,
in its sole discretion, the benefits that will be provided to such personnel and shall
administer the provision of such benefits. However, the City Manager reserves the right
to develop a pay plan annually for the teachers and staff provided by CSUSA and is
obligated to fund same from the Charter School Annual Budget. No disciplinary action
shall be initiated by the CITY against any CSUSA employee assigned to the Charter
School without the prior written approval of CSUSA, or as otherwise established in written
CSUSA-approved procedures, provided however that the City Manager shall have the
right, at any time, to make recommendations to CSUSA regarding disciplinary matters,
including possible termination, of the full-time and part-time personnel assigned to the
Charter School. CSUSA will consider such recommendations of the City Manager and
act in accordance with their responsibilities. At the end of each school year, the CITY
shall have the right to have any CSUSA employee not reassigned to the Charter School
for the subsequent school year, and such non-renewal of assignment shall not be
considered a disciplinary action subject to the approval of CSUSA. Any and all
employment agreements shall provide for the immediate assignability to the CITY, at its
option, upon the expiration of the term of this Agreement or in the event that this
Agreement is terminated as provided herein. In the event of such assignment, CSUSA
and the CITY shall be responsible for their respective duties under the terms of this
Agreement until the date of assignment. CSUSA shall indemnify the CITY for the acts
and omissions of CSUSA occurring prior to the date of assignment, and the CITY shall
indemnify CSUSA for the acts and omissions of the CITY following the occurrence of the
date of assignment. CSUSA shall provide the CITY with copies of all employment
agreements to ensure they comply with the foregoing.
The Charter School Principal and other key personnel (Key City Personnel), as
determined in the CITY's sole judgment, shall be employees of the CITY and selected by
the City Manager. The CITY will establish job descriptions, salaries and benefits for the
Charter School Principal and Key City Personnel. At the CITY's option, CSUSA shall
recruit qualified personnel for the Charter School Principal and Key City Personnel, and
the CITY may conduct its own recruiting efforts for qualified personnel for these positions,
for selection by the City Manager. The parties agree that the Charter School Principal and
CSUSA will work together to perform their respective responsibilities for the day-to-day
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operations of the Charter School and for carrying out the mission of the Charter School
based on the goals and objectives as stated in the Administrative and Educational
Services Agreement Documents.
The parties acknowledge that the school personnel are crucial to the operation of the
school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude
personnel from working their required and designated days and hours. Additionally,
CSUSA shall use its best efforts to prevent work stoppages caused by the absence of
school personnel. The parties further acknowledge that the CITY shall be irreparably
harmed should school personnel fail to work their required and designated days and
hours for such reasons as labor and/or economic disputes. In the event of such work
stoppages, the CITY shall be entitled to seek any available legal or equitable remedies,
including, but not limited to, injunctive relief from a court of appropriate jurisdiction, to best
protect the interests of the CITY incident to its obligation to provide education for the
students of the Charter School. CSUSA shall ensure that all personnel that it employs
for the Charter School are subject to the terms of this paragraph.
5.5 Technology Management.
5.5.1 Management Information Systems. On behalf of the
Charter School and with input from the CITY, CSUSA shall provide the following
components and functions of the Management Information System ("MIS") to be utilized
at the Charter School, provided however, that such MIS will comply with the terms of this
Section:
• Student Information System that provides for a lottery program, student
registration, maintenance of a waitlist, and parent contact information,.
Both parties agree that the IT individual employed by CSUSA at the School shall report
to the City's Information Technology Director. The City Manager, with reasonable notice
to CSUSA and except as provided for in Chapter 119, F.S., shall have full and unlimited
access to the Charter School-based MIS system with assistance from a representative of
CSUSA. Upon termination of this Agreement, all hardware, software, (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, Responsibility for maintaining all data and records stored and used by the
Charter School shall be with CSUSA and shall be in accordance with the Charter, as
amended. The CITY shall be responsible for the design, development, implementation
and maintenance of the Charter School's social media and web site, to which CSUSA
shall be allowed to link.
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5.6 Performance Criteria. The CITY and CSUSA shall agree to the
following minimum performance criteria:
5.6.1 Education Services
5.6.1.1 For each year of operation, the Charter School shall
attain the State of Florida A+ Plan Grade of no lower than a "B".
5.6.2 Development and Operations Management.
5.6.2.1. The percentage of parents who on the Parent Survey
agree or strongly agree to the statement that "I would recommend the Charter School to
a friend" is 90% for each year.
5.6.3. Financial Management.
5.6.3.1. The audits if any required by State Law and the
Charter, as amended, 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, relative to or associated with the Services to be performed by CSUSA, as
applicable.
5.6.4 Human Resources Management.
5.6.4.1. Class size and student/classroom teacher ratios shall
be maintained throughout the school year in accordance with the requirements of
applicable federal or state law (e.g., Class Size Amendment), if any, Any vacancy in a
classroom teacher position that results in an increase to the student/classroom teacher
ratio shall be filled with a permanent qualified teacher as soon as possible, provided
however, that no such vacancy shall remain unfilled by a permanent qualified teacher for
more than four weeks from the date of the vacancy, unless authorized by the City
Manager, unless the lack of such authorization would contradict applicable local, state or
federal law.
5.6.4.2. Upon request by the School, CSUSA shall make
every reasonable effort to provide a pool of applicants who meet the State certification
requirements.
5.6.4.3. The year-to-year retention rates for CSUSA
permanent staff and for CSUSA classroom teachers, excluding staff or teachers whose
contracts are not renewed, who the CITY elects to have not reassigned, or who are
dismissed for cause and as adjusted for mobility, shall be 80%.
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5.7 Other.
5.7.1 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 issues.
5.7.2 Other Activities. CSUSA shall be responsible for ensuring
that the Services comply with the terms and conditions of the Charter, as amended, and
shall, in a timely manner, provide information and perform all other activities required of
CSUSA during the term of this Agreement to perform its responsibilities hereunder.
5.7.3 Legal Services. If requested by the City Manager, CSUSA
shall provide legal representation from the firm of Tripp Scott, P.A. on behalf of the School
in dealing with matters before the Miami-Dade County School Board. The City shall be
responsible for the costs associated with such representation requested by the City
Manager. However, The City acknowledges that Tripp Scott, P.A. is counsel for CSUSA
and herein waives any conflict for legal services provided pursuant to this paragraph.
6. Responsibilities of the CITY. The CITY shall be responsible for the
following:
6.1 Education Management
6.1.1 Tests and Assessments. The School shall administer all
standard tests/assessments to the students that are required by law or Chartering Entity
policy, and shall ensure that students at the Charter School participate in all assessment
programs in which the Chartering Entity's students in comparable grades/schools
participate. The School will administer all such required tests/assessments in a timely
fashion consistent with the State's and Chartering Entity's testing schedule and in
conformance with the State's and Chartering Entity's policies and procedures related to
test security and test administration. The Charter School's testing administrator will attend
all test administration training sessions provided by the Chartering Entity and shall follow
all Florida Department of Education Testing Guidelines specified in the Test
Administration Manuals, as well as, the District Standards for Test Administration and
Security.
6.1.2 Parent Activities. The CITY shall coordinate and oversee all
organized parental involvement, shall work with the approved School Advisory
Committee, and shall coordinate parent, teacher and student organizations..
6.1.3 Extracurricular Program/Activities. The CITY shall
determine, establish, staff, operate and administer the extracurricular programs/activities
that will be offered at the Charter School, including but not limited to, before and after
school programs/activities.
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6.1.4 Summer School. The CITY shall determine, establish, staff,
operate and administer the summer school program, if any, that will be offered at the
Charter School.
6.2 Development and Operations Management
6.2.1 Public Relations. The CITY shall coordinate all official public
relations for the Charter School including, without limitation, community outreach, press
releases and media relations.
6.2.2 Transportation. The CITY shall be responsible for
contracting with public or private entities or individuals for the provision of transportation.
6.2.3 Cafeteria Management and Food Service. The CITY shall
be responsible for contracting with public or private entities for the provision of cafeteria
management and food service for the school.
6.2.4 State, Local and School Board Compliance.
6.2.4.1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School with
the requirements of the Chartering Entity and for complying with all reasonable requests
of the Chartering Entity regarding the Charter School. Unless otherwise authorized by the
City Manager, the CITY shall be responsible for submitting all documents and reports
requested or required by the Chartering Entity, the Charter, as amended, and all
applicable federal, state, local and Chartering Entity laws, ordinances, rules and
regulations. In accordance with Section 5.2.5.1 of this Agreement, CSUSA shall be
responsible for providing the CITY, in a timely manner, with any and all information, data,
materials, documents, records, and submittals for or associated with the Services
performed by CSUSA, that are requested by or necessary for the CITY to coordinate with
the requirements of or comply with all reasonable requests of the Chartering Entity.
6.2.4.2 Compliance with Applicable Law. Except as
provided in Section 5.2.5.2 of this Agreement, the CITY shall be responsible for ensuring
that the Charter School complies with all applicable federal, state, local and Chartering
Entity laws, ordinances, rules and regulations.
6.2.4.3 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 School is or
may be in violation of the Charter, the rules of the Chartering Entity or any provision of
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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. No
changes will be made by the CITY to the approved Charter, as amended, between the
CITY and the Chartering Entity that directly impact CSUSA's performance of its Services
without CSUSA's consent and approval; such consent and approval shall not be
unreasonably withheld.
6.2..4 Furniture, Fixtures, Equipment and Technology
("FFE&T"). The CITY shall be responsible for obtaining, ordering and purchasing any
FFE&T to be utilized in or by the Charter School during the term of this Agreement. At
the CITY's option, the CITY may request CSUSA's assistance and input into the process
of obtaining any FFE&T to be utilized in or by the Charter School or that CSUSA order
some or all of the FFE&T CSUSA deems necessary for the performance of the Services.
Regardless of whether the CITY or CSUSA orders the FFE&T, order(s) for FFE&T
necessary for the performance of CSUSA's Services shall be in compliance with the
written instructions from CSUSA unless mutually agreed otherwise.
6.2.4.5 Books and Supplies. The CITY shall be responsible
for obtaining, ordering and purchasing the books and supplies to be utilized in or by the
Charter School during the term of this Agreement.
6.2.6 Records Retention; Public Records. The CITY shall
provide, protect, preserve, transfer and maintain both active and archival records for
current/former students in accordance with Florida Statutes and the provisions of the
Charter, as amended.
6.2.7 Insurance. Except as indicated in Section 5.2.8 of this
Agreement, the CITY shall ensure that the Charter School complies with all insurance
requirements set forth by the Chartering Entity.
6.2.8 Facility Maintenance. The CITY shall be responsible for
custodial services and ordinary repair and maintenance concerning the day-to-day
operation of the Charter School, and shall be responsible for all other repair and
maintenance, including but not limited to ground maintenance and maintenance of the
physical plant. CSUSA shall be responsible for, and pay for, any and all repairs or
replacements necessary relative to the FFE&T and the books and supplies that arise due
to the intentional acts or willful misconduct of CSUSA, its employees, agents, contractors,
guest and invitees.
6.2.9 School Uniform Procurement Services. The CITY shall be
responsible for contracting with public or private entities or individuals for the purpose of
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providing student uniforms to be purchased by students in conformance with the criteria
established by the Charter School.
6.2.10 Technology Management. The CITY shall be responsible for
the following Technology functions at the School:
• The design, development, implementation and maintenance of the Charter
School's web site, to which CSUSA shall be allowed to link.
• Email service for all school staff and employees.
• Oversee and provide onsite IT support and troubleshooting including
network infrastructure, wireless management, hardware web filter
management and phone system.
• Recommend and purchase all hardware and software required by the
School.
• Maintain a mass parent communication vehicle.
• Social media
6.3 Financial Management.
6.3.1 Annual Budget. The City Manager, with assistance and
cooperation of CSUSA as specified in Section 5.3.1 of this Agreement, shall prepare and
submit to the City Commission the "Charter School Annual Budget" by May 10 of each
year. The budgets shall include, as appropriate, the total number of student stations for
the coming academic year, all capital purchase requests, lease payments, debt
repayments and/or cash loans required, operating revenues and operating expenditures
for the respective school year. 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 Commission. The final proposed Charter School Annual Budget shall be
submitted to the Aventura City Commission for approval no later than May 10 of each
year. The CITY shall ensure that the Charter School Annual Budget is submitted to the
Chartering Entity in a timely manner consistent with the Charter, as amended.
6.3.2 Fund Raising Activities. The CITY shall be responsible for
fund raising activities on behalf of the Charter School, during the term of this Agreement.
6.3.3 Audits. The CITY shall ensure that required audits are
performed by the CITY's auditors in accordance with the Charter, as amended. As
specified in Section 5.3.2 of this Agreement, CSUSA shall accommodate all required
audits of the Charter School and shall provide information and ensure access to all school
records and source documents required by, relative to, or associated with the Services to
be performed by CSUSA, in a timely manner. The CITY shall ensure that the annual audit
is submitted to the Chartering Entity in a timely manner consistent with the Charter, as
amended.
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6.3.4 Payroll Administration. The CITY shall prepare, maintain,
administer, and report all payroll of CITY employees hired to work at the Charter 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 or municipal authority during the term of this Agreement.
6.3.5 Tax Exempt Fund Raising Activities. If the CITY concludes
it is appropriate to do so, the Charter School may seek to establish a separate tax-exempt
organization to conduct fund raising activities and receive tax deductible contributions in
support of the Charter School and/or of education generally. CSUSA shall cooperate with
such tax-exempt organization as necessary and appropriate.
6.3.6 Funding For Charter School Costs and Expenses. The
CITY shall maintain a Charter School Fund to account for expenditures and revenues
associated with the Charter School. It is understood by CSUSA and the CITY, that any
and all funds expended by the CITY, including costs and expenses associated with the
planning and development of the Charter School such as, start up funding, land
acquisition and capital improvements including construction of the facility and CSUSA
Fees, professional services contract fees and other out-of-pocket costs and expenses,
shall be reimbursed to the CITY from Charter School revenues. The reimbursement
schedule shall be included in the proposed Charter School Annual Budget.
6.3.6.1 Procedure for Payment. In order to receive funds
from the CITY pursuant to this Section, CSUSA shall prepare and submit invoices to the
City Manager. CSUSA shall submit to the CITY a schedule for payroll at the beginning of
the academic year. This schedule may be amended from time to time, as appropriate.
The CITY shall be required to wire or ACH transfer payment from the Charter School
Fund for the payroll at least five (5) business days prior to a scheduled payroll date or
other set due date, as applicable. For all other Charter School expenses for which
CSUSA is seeking payment, CSUSA shall submit invoices to the City Manager and such
other expenses shall be deemed due, subject to the provisions of Section 10 for
Administrative and Educational Services Fees, upon approval by the City Manager after
receipt by the CITY of the invoices and such source documents, supporting schedules,
summaries and explanations as may reasonably be requested by the City Manager from
time to time ("approved expenditures"). The City Manager shall direct payment from the
Charter School Fund to CSUSA for all approved expenditures within seven (7) business
days. CSUSA agrees to provide the CITY, within ten (10) business days, source
documents, supporting schedules, summaries and explanations as may reasonably be
requested by the City Manager from time to time. CSUSA shall immediately reimburse
the CITY for any unallowable Charter 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.
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6.4 Human Resource Management.
6.4.1 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. As specified in Section 5.4.2 of this Agreement,
the Charter School Principal and Key City Personnel, as determined in the CITY's sole
judgment, shall be employees of the CITY and selected by the City Manager. The CITY
will establish job descriptions, salaries and benefits for the Charter School Principal and
Key City Personnel. At the CITY's option, CSUSA shall recruit qualified personnel for the
Charter School Principal and Key City Personnel, and the CITY may conduct its own
recruiting efforts for qualified personnel for these positions, for selection by the City
Manager. The parties agree that the Charter School Principal and CSUSA will work
together to perform their respective responsibilities for the day-to-day operations of the
Charter School and for carrying out the mission of the Charter School based on the goals
and objectives as stated in the Administrative and Educational Services Agreement
Documents.
6.5 Charter School Department. The CITY has established a Charter
School Department which is responsible to the City Manager. CSUSA shall be
accountable to the City Manager. Neither the City Commission nor its members shall give
orders to CSUSA, its employees or employees of the City Charter School Department,
either publicly or privately. Recommendations for improvements in Charter School
operations by Commissioners shall be made solely to and through the City Manager.
6.6 Annual Review of Performance Criteria. No later than October
31St of each year, the CITY and CSUSA shall review the minimum performance criteria
established in Section 5.6, including measurement methodology and assumptions, to
jointly verify and/or modify the criteria, requirements, measurement methods and
assumptions to accurately and appropriately evaluate the performance and effectiveness
of CSUSA and the Charter School as contemplated in the Administrative and Educational
Services Agreement Documents. The CITY may, at its sole option, modify the
measurement methods and/or assumptions should it determine that such modifications
are necessary to more accurately and appropriately evaluate the performance and
effectiveness of CSUSA and the Charter School as contemplated in the Administrative
and Educational Services Agreement Documents. During the annual review, CSUSA and
the CITY shall additionally determine the specific tests/instruments upon which the
minimum performance criteria delineated in Section 5.6.1 shall be based for the
subsequent school year.
6.7 Other Activities. The CITY shall be responsible for providing all
information and performing all other activities required of the CITY during the term of this
Agreement to maintain a fully operational Charter School.
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7. Cooperation. The parties shall, in good faith, share all information received
from the Chartering Entity necessary 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 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 Administrative and Educational Services Agreement
Documents.
9. Charter Schools Funding Resources. All revenues, grants, and revenue
allocations received by or targeted to the Charter School, shall be directed to and retained
in the Charter School Fund, as established by the CITY.
10. Administrative and Educational Services Fees. Subject to annual
appropriations by the City Commission, the CITY shall pay CSUSA annual Administrative
and Educational Services fees for the performance by CSUSA of its responsibilities as
provided in this Agreement as follows:
10.1 Administrative and Educational Services Fee. The annual
Administrative and Educational Services Fee shall be as follows:
July 1 , 2018 to June 30, 2023:$306,000
July 1, 2023 to June 30, 2028: To be negotiated
July 1, 2028 and thereafter: To be negotiated
All payments to CSUSA for the Administrative and Educational Services Fee shall be paid
on a monthly basis, with each payment representing 1/12 of the annual Administrative
and Educational Services Fee.
10.2 In order to supplement and enhance the County, State or Federal
funds that are normally associated with the operation and development of a school, the
CITY and CSUSA shall endeavor to obtain revenues from other sources, including grants
and donations (the "Additional Revenues").
11. Insurance. CSUSA shall maintain comprehensive general liability
insurance in the amount of Five Million and no/100 Dollars ($5,000,000.00) per
occurrence combined single limit and Five Million and no/100 Dollars ($5,000,000.00) in
the aggregate, insuring against property damage and personal injury and death occurring
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in connection with the Charter School. In addition, CSUSA shall maintain workers
compensation insurance in the amount of the greater of Fifty Thousand and no/100
Dollars ($50,000.00) or the minimum amount required by law.
'12. Indemnification.
12.1 CSUSA agrees to indemnify, defend with counsel (reasonably
acceptable to the CITY) and hold the CITY, and its elected officials, 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, its officers, employees and
agents, in connection with the Agreement, (b) CSUSA's breach of this Agreement or any
applicable federal, state, local or Chartering Entity law, ordinance, rule or regulation
and/or (c) any failure by CSUSA to pay its suppliers or subcontractors. 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 acts or conditions that occurred or
accrued prior to such expiration or termination.
12.2 Subject to the provisions and monetary limitations of F.S. 768.28, as
amended or superseded, 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, its employees and agents,
in connection with the Agreement, (b) the CITY's breach of this Agreement or any
applicable federal, state, local or Chartering Entity law, ordinance, rule or regulation,
and/or (c) any failure by the CITY to pay its suppliers or subcontractors. 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 acts or conditions that occurred or
accrued prior to such expiration or termination.
12.3 Upon becoming aware of the potential for a claim hereunder, the
party seeking indemnification shall promptly notify the other party in writing of the
existence of such claim, demand 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.
12.4 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
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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.
13. 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:
13.1 Any action, inaction or creation of circumstances that put the Charter,
as amended, in jeopardy of non-renewal or termination pursuant to the Charter, as
amended, or any applicable federal, state, local or Chartering Entity law, ordinance, rule
or regulation; or
13.2 Failure to pay any amount due hereunder within thirty (30) days after
written notice to the defaulting party that such amount is due; or
13.3 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
13.4 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, intervener, 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
13.5 If the ownership of CSUSA shall be transferred or assigned, directly
or indirectly, without the prior written consent of the CITY, in violation of Section 35; or
13.6 If CSUSA uses funds not in accordance with the terms of this
Agreement including both negligent and fraudulent use of funds, or if CSUSA fails to
obtain or maintain any license, including the revocation of such license by an
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administrative or judicial body, that may be required for CSUSA to carry on its business
and perform its obligations and functions under this Agreement. For purposes hereof, any
fraudulent use of funds shall include the use of funds by misrepresentation, concealment,
nondisclosure, misleading conduct, devices, or contrivance; or
13.7 If any representation, statement, or warranty made in the Agreement
by CSUSA or the CITY is false, misleading, or breached in any material respect.
Upon the occurrence of an Event of Default, the non-defaulting party shall be
entitled to pursue all remedies available under law or equity, and in addition to such
remedies, may immediately terminate this Agreement with Cause in accordance with
Section 14.1 .
14. Termination of this Agreement. This Agreement may be terminated by
the parties as follows:
14.1 Termination with Cause or for Nonperformance. Upon the
occurrence of an Event of Default beyond applicable grace, notice and cure periods, 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.
14.1.1 Termination with Cause may include, but is not limited to,
failure for CSUSA to account for its expenditures or to pay operating costs; failure to follow
the policies, procedures, rules, regulations or City-approved curriculum as adopted by
CSUSA.
14.1.2 Notwithstanding the foregoing, the failure to obtain any one
of the performance criteria in Section 5.6 of this Agreement, shall be cause for the CITY
to terminate this Agreement with cause, unless CSUSA, within thirty (30) days from
receipt of written notice from the CITY, presents and agrees to implement an action plan,
acceptable to the City Manager, detailing the actions to be taken by CSUSA to raise the
performance level to acceptable standards, provided however that the revocation of the
Charter, as amended, by the Chartering Entity, shall be cause for the CITY to terminate
with cause this Agreement, without providing CSUSA an opportunity to cure.
14.1.3 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 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 in addition to the termination of this
Agreement.
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14.2 Termination without Cause. This Agreement may be terminated
without cause (hereinafter referred to as "Termination without Cause"), as follows:
14.2.1 This Agreement shall terminate on June 30, 2023, unless
terminated earlier in accordance with the provisions of Section 14 or extended as
otherwise provided for in this Agreement.
14.2.2 By the CITY, upon thirty (30) days advanced written notice,
due to a change in federal, state or local or Chartering Entity law, ordinance, policy, rule,
regulation or appropriations during the term of this Agreement which would materially
impact the ability to staff, operate or maintain the Charter School substantially in
conformance with the Administrative and Educational Services Agreement Documents,
including the Charter Application and the Charter, as amended. Such changes could
include, but not be limited to, a charter school capital outlay funds appropriation that does
not provide for the Charter School to receive funding substantially in accordance with the
Administrative and Educational Services Agreement Documents, including the Charter
Application and the Charter, as amended, or a modification that would substantially
impact the ability to limit the enrollment process to target the children of the CITY.
14.2.3 By the CITY, at any time and for any reason or no reason,
upon one (1) year advance written notice.
14.2.4 Upon Termination without Cause, 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.
15. Transfer of Functions Upon Termination. In recognition of the
paramount importance of maintaining the integrity and continuing operations of the
Charter School, upon the expiration of the term of this Agreement, or in the event this
Agreement is terminated pursuant to Section 14, or as otherwise indicated in this
Agreement, CSUSA agrees to cooperate with the CITY during the transition of operations
of the Charter School and 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 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:
15.1 Assignment, in accordance with Section 5.4.2 of this Agreement, of
all employees and employment contracts of the Charter School and the transfer of
employee records to the CITY or an entity selected by the CITY.
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15.2 Transfer of all student records, then current curriculum programs and
class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to
the CITY or an entity selected by the CITY.
15.3 Assignment, at the CITY's sole option and in accordance with the
provisions of Section 32 of this Agreement, of all contracts, subcontracts and/or
agreements, if any, entered into by CSUSA for the Charter School, to the CITY or an
entity selected by the CITY, if such contracts or subcontracts are assignable.
15.4 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 for the operation of the Charter School that is not owned by CITY or the
Charter 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 School, the CITY shall execute a license agreement with CSUSA for
the use of the same for a reasonable license fee (based upon the then existing market
value) to be negotiated in good faith by the parties.
15.5 Transfer of all property including, but not limited to, furniture, fixtures,
equipment, materials, software and hardware acquired for the Charter School by the CITY
and purchased by the CITY or through the use of funds designated for the Charter School,
to the CITY or an entity selected by the CITY.
15.6 The delivery of any and all Public Records in CSUSA's possession to
the CITY or an entity selected by the CITY.
15.7 Transfer of any and all other information owned by the CITY, or
provision of assistance, to ensure the least disruption of the continuing operations of the
Charter School as a result of the termination of this Agreement.
15.8 The provisions of Section 15 shall survive the termination of this
Agreement.
16. Entire Agreement. This Agreement and all documents contemplated
herein including the Administrative and Educational Services Agreement Documents,
represent 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.
17. Assignments. No party shall assign or pledge its rights or obligations
hereunder without the prior written consent of the other party to this Agreement, which
3/2018
23
consent may be withheld by such party in its sole discretion except as otherwise provided
for in this Agreement.
18. 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.
19. Relationship of Parties. The relationship between the parties hereto shall
be solely as set forth herein as independent contractors and neither party shall be deemed
to be an employee, agent, partner, or joint venturer of the other.
20. 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.
21. 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 federal, state, local and Chartering Entity
laws, ordinances, rules and regulations, to ensure that the Charter School is maintained
as a fully operational Charter School in compliance with the Administrative and
Educational Services Agreement Documents and the Charter, as amended, during the
term of this Agreement. 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, shall include the appropriate time
necessary for submission, consideration and/or approval by the Aventura City
Commission.
22. 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.
23. Notices. All notices and other communications required or permitted under
this Agreement shall be in writing and given by:
23.1 hand delivery;
23.2 registered or certified mail, return receipt requested;
23.3 overnight courier, or
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23.4 facsimile with a hard copy follow-up pursuant to Sections 23.1 , 23.2
or 23.3 to:
If to CSUSA: Charter Schools USA
800 Corporate Drive, Suite 700
Fort Lauderdale, Florida 33334
Attention: Mr. Jonathan K. Hage, President
Fax: (954) 202-2047
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: Susan Grant
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 E. Broward Blvd.
Suite 1900
Fort Lauderdale, FL 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:
23.4.1 on the date delivered if by hand delivery or overnight courier,
23.4.2 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
23.4.3 on the date of transmission with confirmed answer if by fax.
24. 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.
3/2018
25
25. 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.
26. 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
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.
27. 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.
28. 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.
29. 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:
29.1 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.
29.2 consents to the jurisdiction of each such court in any suit, action, or
proceeding; and
29.3 waives any objection which it may have to the laying of venue of any
such suit, action, or proceeding in any of such courts.
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26
29.4 waives any right to trial by jury in any such litigation between the
parties.
30. 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.
31. 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
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.
32. Contracts and Subcontracts CSUSA may contract and/or 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 contract and/or 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 contracts and/or subcontracts in connection
with the performance of the duties, functions, and responsibilities under this Agreement.
CSUSA shall be responsible for the management of all contractors and/or subcontractors
in the performance of their work. Nothing herein shall create any relationship, contractual
or otherwise, between CITY and any contractor or subcontractor. Notwithstanding the
rights of CSUSA to enter into such contracts, subcontracts and agreements and the
contractual obligations of contractor or subcontractor to CSUSA, CSUSA shall remain
liable to the CITY for the performance of Services under this Agreement.
Any and all contracts, subcontracts and agreements entered into by CSUSA pursuant to
this Agreement shall (i) contain insurance and indemnity requirements in favor of the CITY
consistent with Sections 5.2.8 and 12 of this Agreement, (ii) if possible, provide that the
CITY is a third part beneficiary of such contract, subcontract or agreement, and (iii) if
possible, include provisions that provide for the assignment of these contracts,
subcontracts or agreements, at the CITY's sole option, to the CITY, or an entity of the
CITY's selection, upon the expiration of the term of this Agreement or in the event this
Agreement with CSUSA is terminated pursuant to the terms herein. In the event of such
assignment, CSUSA and the CITY shall be responsible for their respective duties under
the terms of this Agreement until the date of assignment. CSUSA shall indemnify the
CITY for the acts and omissions of CSUSA occurring prior to the date of assignment, and
the CITY shall indemnify CSUSA for the acts and omissions of the CITY following the
occurrence of the date of assignment. CSUSA shall provide CITY with copies of all
contracts, subcontracts and agreements to ensure they comply with the foregoing.
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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. 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 shall be transferred, pledged,
mortgaged 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, pledge,
mortgage or assignment, the City Manager may consider, without limitation:
35.1 whether the now current individual principals and managers of
CSUSA will continue to retain total responsibility for the performance of
CSUSA Services for the Charter School;
35.2 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.
36. Additional Audits. In addition to the audits required pursuant to Section
5.3.2 of this Agreement, 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 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.
37. 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 may relate to regulations of general applicability which may govern the
3/2018
28
Charter School and the facility, and any improvements or 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]
3/2018
29
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 Susan Grant, City Manager
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
WITNESSES:
CHARTER SCHOOLS USA, INC.
By:
Signature Jonathan K. Hage, President
Attest:
Print Name Corporate Secretary
3/2018
30
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 February ,2018, 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, ACES
charter school administration, management and operating 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.
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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 thirty (30) 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@CITYOF AVENTURA.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: —
Susan L. Grant
City Manager
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ATTEST:
City Clerk
Approved as to Form and Legal Sufficiency for
the Reliance of City Only:
City Attorney
3/2018
33
ADMINISTRATIVE AND EDUCATIONAL SERVICES
AGREEMENT
among
CHARTER SCHOOLS USA, INC.,
apA
CNAR TCQ CC1..1001 C I IRA AT A\/CAITI IRA 1 .C.,
and
CITY OF AVENTURA
for the
AVENTURA CITY OF EXCELLENCE SCHOOL
TABLE OF CONTENTS
1. Recitals 2
2. Definitions 2
3. Term 4
4. Charter School 4
5. Services to be provided by CSUSA 4
6. Responsibilities of the City 13
7. Cooperation 20
8. Additional Mutual Obligations 20
9. Charter Schools Funding Resources 20
10. Administrative and Educational Services Fees 20
11. Insurance 20
12. Indemnification 21
13. Default 22
14. Termination of this Agreement 23
15. Transfer of Functions Upon Termination 25
16. Entire Agreement 26
17. Assignments 26
18. Further Assurances 26
19. Relationship of Parties 26
20. Interpretations 26
21. Time of the Essence 26
22. Binding Effect 26
23. Notices 27
24. Headings 27
25. Severability 28
26. Waivers 28
27. Outside Business 28
28. Third Parties 28
29. Jurisdiction and Venue 28
30. Enforcement Costs 29
31. Remedies Cumulative 29
32. Contracts and Subcontracts 29
33. Counterparts 30
34. Governing Law 30
2 C.. DrepFietyi I' n�tiAR QQ
359. Sale or `Transfer of interest in CSUSA 30
36-7. Additional Audits 31
37,9. Police/Regulatory Powers 31
ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT FOR THE
AVENTURA
CITY OF EXCELLENCE SCHOOL
THIS ADMINISTRATIVE AND EDUCATIONAL SERVICES AGREEMENT (the
"Agreement") is made and entered into as of the day of , 20132018, by
and among CHARTER SCHOOLS USA, INC., a Delaware corporation; CHARTER
C!`Ll�l�ll C I ICA AT A\/1ENTI1��7 L�a P='AridA limited liability GempaRy I-ellonthualli
"CSUSA"); and CITY OF AVENTURA ("CITY"), a Florida municipal corporation.
WITNESSETH:
WHEREAS, at the July 3, 2001, City Commission meeting, the Commission
approved a Resolution selecting the firm of CSUSA to design, operate and maintain a
Charter Elementary School for the CITY; and
WHEREAS, the CITY and CSUSA entered into the July 2, 2002 Management
Agreement( the " Elementary Agreement" ) for the Aventura Charter Elementary School
to organize, manage, staff, operate and maintain the Charter Elementary School that
opened for the 2003-2004 school year; and
WHEREAS, in December of 2004 the City and CSUSA agreed to amend the
Elementary Agreement with CSUSA, to incorporate the requirements of the Charter and
First Amendment (hereinafter referred to as the "Charter, as amended"), add the middle
school component and align CSUSA's responsibilities in connection with the Charter
School to reflect those it performed at that time.; and,
WHEREAS, in April of 2013 the City and CSUSA agreed to extend the
Agreement to June 30, 2018; and,
WHEREAS, the current Agreement (the" Current Agreement") with CSUSA
expires on June 30, =1 3-2018 and both parties wish to extend the Agreement, which is
in the best interests of the School, in order to continue to provide stability to the
teachers and staff and update the Agreement to reflect the current operations; 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:
41/492/244-92018
3
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 4 s-her 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.
2.4 Administrative and Educational Services Agreement
Documents - The Administrative and Educational Services Agreement Documents
consist of the Certificate(s) of Insurance, all applicable provisions of State, Federal,
Chartering Entity or local laws, ordinances, regulations, rules or policies (incorporated
herein by reference); the Charter and all amendments thereto, , and any additional
documents which are required to be submitted under this Agreement, and all
amendments, modifications and supplements issued or to take effect on or after the
Effective Date of the Agreement.
2.5 CSUSA -- Charter Schools USA, including w-Where CSUSA is
indicated as the responsible party to perform an obligation pursuant to this Agreement,-
themrrr [ '
nu=�adkmeyvdeadge and agFeo + vhcor2r Gn-A-E)IG CA, Innand GhorFerCnhvA-116
G Gh ebliga#ei4.
2.6 Effective Date of the Agreement.
2.6.1 This Agreement shall become effective upon the dl�ate ef—
9F, Of Re syr-,h d-A-tP- the effer.tive Plate shal he the date AP whir'l;,-
ebligati nnitero�r asse to-1yVith the ('hor♦• eel fer the
-
20-
cC�Sa c�'��—crs.�vC�a'�c �crrc�r�C�l
7(1'1 3 7(1'1 A cnheel year onrl the-Fea#o-July 1, 2018.
41/4-92/24442018
4
2.6.2 The Current Agreement shall be applicable for all Services, as
defined in the Current Agreement, activities and obligations necessary to, required by, or
associated with the Charter School and the Charter, as amended, until the Agreement
becomes effective, and shall thereafter remain in effect for those obligations and
requirements that survive the Current Agreement.
2.7 School — Aventura City of Excellence School or Charter School.
2.8 Services — Those activities that must be performed in connection
with the Charter School as set forth in this Agreement.
2.9 The Chartering Entity- The School Board of Miami- Dade County,
Florida .
2.109 Written Amendment - A written amendment of the Agreement
and/or the Administrative and Educational Services Agreement Documents, signed by
CITY and CSUSA to take effect 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 in connection with the
Charter 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, =82023, unless terminated earlier pursuant to the provisions
of this Agreement, subject to any further obligations (including payment obligations) of
the parties that survive termination. The Agreement may be extended for an additional
term up to five (5) years upon written agreement of both parties_ a;dQadthi-
MOR—Mi_flA-GIo Qe inti S—GhAr,l RA%Jrd- GA ss tThre C--ha—rter gF meted t9 th8 Qity.
4. Charter School. The Charter School is a K-8 school. CSUSA shall
perform its responsibilities regarding the Charter School in accordance with the Charter,
as amended, and all applicable federal, state, local and Chartering Entity laws,
ordinances, rules and regulations.
5. Services To Be Provided By CSUSA. CSUSA's fees hereunder shall
compensate it for the performance of the Services, as further specified herein. Any
funds required or expenditures to be made by CSUSA in the performance of these
responsibilities shall be substantially in conformance with the Administrative and
Educational Services Agreement Documents and the approved Charter School Annual
Budget (as hereinafter defined). It is the specific intent of the parties that the costs
associated with CSUSA's responsibilities (and fees), shall not be shifted from CSUSA
into the Charter School's operating budget. Responsibilities of CSUSA shall include, but
are not limited to, the following areas:
41/4-92/24442018
5
5.1 Education Consulting Services
5.1.1 Curriculum, Accountability and Testing and Sustainable
Performance. CSUSA shall:
5.1.1.1 Assist the School in the implementation of City-
approved curriculum for the Charter School that incorporates the performance-based
State adopted Standards and complies with the Administrative and Educational
Services Agreement Documents.
5.1.1.2 Assist the School in implementing appropriate
programs for Exceptional Student Education (ESE) students and Limited English
Proficient (LEP) students, in accordance with federal and state laws, local policies and
procedures, and the Administrative and Educational Services Agreement Documents.
peR t#88req 1GGt of ��Crh�nl
may "SSI A
, d
}' -eCgTr}YI�QhareFilCL� thn eF asse ..A}ed iNn,
+h
e e the SG e
oVaAl11.Atir_R Fowl iiF8Rg8RtG
5.1.1. - Assist the School in Evaluating the Charter
School's success in achieving the objectives stated in the Administrative and
Educational Services Agreement Documents and- heel Impreve-Ment Pl�-on at
least an annual basis.
5.1.1.&-4 Assist the School in complying with the
requirements delineated in Florida State Board of Education Administrative Rule 6A-
1.09981, Implementation of Florida's System of School Improvement and
Accountability, as may be amended from time to time.
Assist the School in ensuring that the Charter
School's program is consistent with the state education goals established by Florida
Statute 1000.03(5).
5.1.1.E Assist the School in making every reasonable
effort to ensure that student performance increases from year to year, assess the
possible reasons for such performance and take all reasonable steps to enable the
students to continually progress and improve their academic performance.
5.1.2 Parent Activities.
41/492/244-92018
6
ST..2,I ,A.,t the-reuest�the r—ITv,ap a�te��'c�°�staff
vn' attpM11 aapetingG of the- 2c�eei—Arndvire`i--�^ver`''rt`''mittt�e te--p Feyid {e pr (�I `^''r
7n f"TvrmatTO"' 'rr-A h A—t—Ltit. —h;;rt6r "n I. Turd p r to f�a"vriTt�tTi�GT�T�rJ Ica-aTirrryc�tTL TT4 14 ITr
able, as set ferth 0A tien 2 ef this .
5.1.2.'x='. A Parent Survey substantially similar to that
attached as Exhibit "A" shall be conducted in the spring of each year.
5.2 Development and Operations Management.
5.2.1 Public Relations. Any public relations performed by
CSUSA for the Charter School including, without limitation, community outreach, press
releases and media relations, shall be coordinated with and approved by the City
Manager's Office. 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.
5.2.2 Contracted Services and Contract Administration.
5.2.2.1 Contract Administration. CSUSA shall
coordinate, negotiate and administer those contracts for CSUSA Services to be
performed or provided by third parties and which must be entered into by the Charter
School during the term of this Agreement to ensure the efficient operation of the Charter
School. Said contracts shall comply with the provisions of Section 32 of this Agreement
and said contracts and services shall comply with all applicable federal, State, local and
Chartering Entity laws, ordinances, rules and regulations.
5.2.2.2 Cafeteria Management and Food Service.
CSUSA shall assist the Charter School ^ Ate, Reget+ate—A—Rd adRginicteF
sar�i�; the i tel c^h^"�' 1 ^Tater'', he�the Charter Srheel o comply
with all applicable federal, state, local and Chartering Entity, laws, ordinances, rules,
and regulations, and the Charter, as amended, regarding the provision of food service
to all students attending the Charter School. T,-hp- lwTtl c l ,R-.PVrce-
t"„a.rte.r sc�^^' The City shall serve as the Food Service Sponsor as defined by
the Florida Department of Education (DOE) for the purpose of filing an application with
the DOE to participate in the National School Lunch Program (NSLP). The Food Service
Sponsor shall appoint a designee to be responsible for maintaining student applications
and processing monthly reimbursements through the DOE. CSUSA shall assist in the
preparation of the NSLP application and distribution of student applications. CSUSA
41/4-92/24442018
7
shall assist the Food Service Sponsor in the collection of data to be provided in
accordance with NSLP policy and procedure.
5.2.3 Student Lottery.
5.2.3.1 CSUSA shall be responsible for conducting
any lotteries, and shall ensure that the Charter School's enrollment , registration and
lottery processes are in compliance with Florida Statutes, the Administrative and
Educational Services Agreement Documents, and the Charter, as amended. As
permitted by Florida Statutes, ACES will give preference to children of CITY residents.
30 days prior to open enrollment CSUSA will provide to the Principal a draft of the
electronic application forms that will appear as part of the enrollment process.
5.2.4 Staff Recruitment.
CSUSA shall assist the School in recruitment efforts to target well-qualified and
enthusiastic administrative personnel, teachers and staff Notwithstanding the
requirements of this paragraph, the CITY may conduct its own marketing, public
relations and recruitment efforts to attract personnel for Charter School employment.
5.2.5 State, Local and School Board Compliance.
5.2.5.1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School
with the requirements of the Chartering Entity and for complying with all reasonable
requests of the Chartering Entity regarding the Charter School. CSUSA shall be
responsible for providing the CITY, in a timely manner, with any and all information,
data, materials, documents, records, and submittals for or associated with the Services
performed by CSUSA, that are requested by or necessary for the CITY to coordinate
with the requirements of or comply with all reasonable requests of the Chartering Entity.
5.2.5.2 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 developing, organizing, managing, staffing, operating and
maintaining charter schools in the State of Florida and with the Chartering Entity.
CSUSA shall be responsible for ensuring that the Services performed by CSUSA
comply, and shall provide advice and assistance to the CITY to ensure the Charter
School complies with all applicable federal, state, local and Chartering Entity laws,
ordinances, rules and regulations. pr p
PRpufal !;PPfMr-P_q CRI IRA
• nr.IL�47rc vvvT that CITY anTc Lhp- r__ a;;rceri�rrgFiR+i+cty erste-Feda--vraTcerRAhAAI
GeRtFaGt dated April 192002 and erm ref '15 y mon I� ly '1 2093--
and
Svc-arrcrC$1FE�S-�'�� G��C�nTcrr , +,
rdinn en I�ine 20 z edges and agrees W "v-vvmPic[V-crrrtG'-;kT
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e e
41/492/24442018
8
in erderfep Gity to SUGG866fUlly ehtaip the hAA"� rhrter rpAw ,-'vAl The pal4me�
roii oni �nrJ orJ it •mac nQq loped fnr fopW ci ihmittAl to tho r`hrtoring Gnt y
5.2.6 Annual Financial Report and School Improvement Plan.
5.2.6.1 CSUSA shall provide to the CITY on a timely basis
any information required to prepare the Annual Financial Report a thea— h^^I
Impreyemon+ RAP as required by Florida Law and the Charter as amended from time to
time
5.2.7 Records Retention; Public Records.
5.2.7.1 CSUSA shall provide, protect, preserve, and
maintain all books, records and related documents of or affecting the Charter School,
resulting from, required by, relative to or associated with the Services performed by
CSUSA, that are not proprietary to CSUSA (the "Public Records"), pursuant to the
provisions of the Charter, as amended, and Chapter 119, F.S. as amended from time to
time. CSUSA shall execute and comply with the CITY'S Public Records Act Addendum
as an Exhibit to this Agreement.
5.2.7.2 In the event of termination of this Agreement,
CSUSA shall, pursuant to Section 15, deliver any and all Public Records in its
possession to the CITY within thirty (30) calendar days of such termination.
5.2.8 Insurance. CSUSA shall obtain liability policies that provide
for educator professional liability insurance and auto liability. The costs associated with
such insurance shall be included in the approved Charter School Annual Budget and
paid for from the Charter School Fund; provided, however, that CSUSA's corporate
insurance requirements as outlined in Section 11 of this Agreement herein, shall be
separate and distinct from the insurance requirements of the Charter School. CSUSA
shall obtain worker's compensation insurance for all CSUSA employees that are
employed at the Charter School, in compliance with the Administrative and Educational
Services Agreement Documents and all applicable federal, state, local and Chartering
Entity laws, ordinances, rules and regulations.
The liability policy to be obtained by CSUSA will provide liability coverage for all
Services and programs at the Charter School provided, offered or held by CSUSA. All
insurance to be obtained by CSUSA will be with financially responsible insurance
companies licensed to do business in the State of Florida with a rating of A or better; will
name as insureds CSUSA and CITY, as their respective interests may appear; and will
require written notice of any cancellation or change to be sent to CSUSA and CITY at
41/4-92/24442018
9
least thirty (30) days prior to cancellation termination or material change. Within five (5)
days of the Effective Date, CSUSA will deliver to the CITY copies of all insurance
certificates and policies required under this Agreement, along with receipts evidencing
payment the premiums for such insurance. CSUSA shall also provide the CITY with
the foregoing information relative to the renewal of any required insurance policy prior to
the expiration of any such policy. Each insurance policy required to be obtained by
CSUSA under this Agreement must also provide that the insurer waives all rights of
subrogation which the insurer might have against CITY. CSUSA acknowledges and
agrees that the insurance required by this Agreement and any proceeds paid in
connection with any claim thereunder shall in no way limit CSUSA's responsibilities and
liabilities as set forth in this Agreement.
5.3 Financial Management.
5.3.1 Annual Budget. CSUSA shall assist the City Manager in
the preparation of a detailed annual budget (the "Charter School Annual Budget"). The
Charter School Annual Budget shall be finalized by April 30 of each year for
presentation to the City Commission.
The CITY shall ensure that the Charter School Annual Budget is
submitted to the Chartering Entity in a timely manner consistent with the Charter.
5.3.2 Audits. CSUSA shall accommodate all required audits of the
Charter School and shall provide information and ensure access to all school records
and source documents required by, relative to, or associated with the Services to be
performed by CSUSA in a timely manner.
5.4 Human Resource Management.
5.4.1 Payroll Administration. CSUSA shall prepare, maintain,
administer, and report all payroll of CSUSA's employees hired to work at the Charter
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 or municipal authority during the term of this Agreement. All payroll
and other financial or operational records for the Charter 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 School. CSUSA shall deposit such payroll taxes as may be required by the
Internal Revenue Service for the payment of payroll taxes for the 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.
CSUSA shall be responsible for submitting to the City Manager or her designee,
41/492/24442018
10
reimbursement for CSUSA employees employed at the Charter School in a form
acceptable to both parties.
5.4.2 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. Except as provided below, CSUSA shall employ
sufficient qualified full-time and part-time personnel to operate the Charter School (as is
necessary and appropriate during the Term of this Agreement), including without
limitation, administrators, teachers, clerical, Gaf8tWiQ, and other staff to enable the
Charter School to be operated in conformance with the Administrative and Educational
Services Agreement Documents and the Charter School Annual B-budget. CSUSA shall
determine, in its sole discretion, the benefits that will be provided to such personnel and
shall administer the provision of such benefits. However, the City Manager reserves the
right to develop a pay plan annually for the teachers and staff provided by CSUSA and
is obligated to fund same from the Charter School fi-nd Annual Budget. No disciplinary
action shall be initiated by the CITY against any CSUSA employee assigned to the
Charter School without the prior written approval of CSUSA, or as otherwise established
in written CSUSA-approved procedures, provided however that the City Manager shall
have the right, at any time, to make recommendations to CSUSA regarding disciplinary
matters, including possible termination, of the full-time and part-time personnel assigned
to the Charter School. CSUSA will consider such recommendations of the City Manager
and act in accordance with their responsibilities. At the end of each school year, the
CITY shall have the right to have any CSUSA employee not reassigned to the Charter
School for the subsequent school year, and such non-renewal of assignment shall not
be considered a disciplinary action subject to the approval of CSUSA. Any and all
employment agreements shall provide for the immediate assignability to the CITY, at its
option, upon the expiration of the term of this Agreement or in the event that this
Agreement is terminated as provided herein. In the event of such assignment, CSUSA
and the CITY shall be responsible for their respective duties under the terms of this
Agreement until the date of assignment. CSUSA shall indemnify the CITY for the acts
and omissions of CSUSA occurring prior to the date of assignment, and the CITY shall
indemnify CSUSA for the acts and omissions of the CITY following the occurrence of
the date of assignment. CSUSA shall provide the CITY with copies of all employment
agreements to ensure they comply with the foregoing.
The Charter School Principal and other key personnel (Key City Personnel), as
determined in the CITY's sole judgment, shall be employees of the CITY and selected
by the City Manager. The CITY will establish job descriptions, salaries and benefits for
the Charter School Principal and Key City Personnel. At the CITY's option, CSUSA shall
recruit qualified personnel for the Charter School Principal and Key City Personnel, and
the CITY may conduct its own recruiting efforts for qualified personnel for these
positions, for selection by the City Manager. The parties agree that the Charter School
Principal and CSUSA will work together to perform their respective responsibilities for
the day-to-day operations of the Charter School and for carrying out the mission of the
41/492/24442018
11
Charter School based on the goals and objectives as stated in the Administrative and
Educational Services Agreement Documents.
a + �fu -.F8 Rcs8GsaFyte—afterrot and- G_eMP8RSate tea£#ersr-a„d-
,
aG are ne^eccaFy to a^^err PIich this weal
The parties acknowledge that the school personnel are crucial to the operation of the
school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude
personnel from working their required and designated days and hours. Additionally,
CSUSA shall use its best efforts to prevent work stoppages caused by the absence of
school personnel. The parties further acknowledge that the CITY shall be irreparably
harmed should school personnel fail to work their required and designated days and
hours for such reasons as labor and/or economic disputes. In the event of such work
stoppages, the CITY shall be entitled to seek any available legal or equitable remedies,
including, but not limited to, injunctive relief from a court of appropriate jurisdiction, to
best protect the interests of the CITY incident to its obligation to provide education for
the students of the Charter School. CSUSA shall ensure that all personnel that it
employs for the Charter School are subject to the terms of this paragraph.
5 A Z Tram mnq .�r.i1 Dre�FecciGr.Rl Ile�ieler•w�er�t
,
mvr'ccrJ�tea ers' A-enteRt ewledge a d pedals The trainiRg, GeRtiR iiiRg
the erli rVatieRal Pre^ecc i,nlecc r,
ethen,ice i itheri�er. h" the GITV
,
5.5 Technology Management.
5.5.1 Management Information Systems. On behalf of the
Charter School and with input from the CITY, CSUSA shall provide the following
components and functions of the Management Information System ("MIS") to be utilized
at the Charter School, provided however, that such MIS will comply with the terms of
this Section:
Student Information System that provides for a lottery program, student
registration, maintenance of a waitlist, et�dePt GchediRg,and parent
contact information, rer,^rtiRg and lloGGOYIIIr,e tre^Linrr
41/492/24442018
12
,
Cnh T�^9I TV (' 6161FORg thfirst yVerthiTngreeMent t ('CST
eams-te thx=o,'TY. Both parties agree that the IT individual employed by CSUSA at
the School shall report to the City's Information Technology Director. The City Manager,
with reasonable notice to CSUSA and except as provided for in Chapter 119, F.S., shall
have full and unlimited access to the Charter School-based MIS system with assistance
from a representative of CSUSA. Upon termination of this Agreement, all hardware,
software, h„sipess annlir•atians (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, OXGOpt as nranrietary te-
as,SCI ICA as 2t-fA.rth On this Agreej:ReRt. Responsibility for maintaining all data and
records stored and used by the Charter School shall be with CSUSA and shall be in
accordance with the Charter, as amended. The ^a"t -acce-A-iatecd With an„ design,
C..h,,,,I Ann-Wal R,,rdaet anrd paid from the 12-herrter C..h,,,,I C„n.d. The CITY shall be
responsible for the design, development, implementation and maintenance of the
Charter School's social media and web site, to which CSUSA shall be allowed to link.
5.6 Performance Criteria. The CITY and CSUSA shall agree to the
following minimum performance criteria:
5.6.1 Education Services
5.6.1.1 For each year of operation, the Charter School shall
attain r an i nannl,,rdiRg phrase miGGiRg T f?)tho f9lIeWiRg;
a) All sti d-p-nts ;mill maintain a nertfr)lin rJomr)nGtrotiRg
anrd shaoiRg impFeyemont avid masteFy of skills FequiFe d at that grade Iovol
t-)-tThe State of Florida A+ Plan Grade shame of no
lower than a "B".
G) Meet F8WiF8 8_RtG;rE'rG�lrnrcc'rc rJ in CIArirJ; Ctate_
Beard of Crdu tion Aidmin,s tivo Ride 6A '1 0-008 Imnl an a 8d_q's
C-2 t�crv-c-rci-rr�rnrr.o�ao , E�7-Fcrr��-19F7— vrrcrcrr
9y top f C'ahaa/ Imnrayengcnf -;;Ad- Aaaa,�n s way�p i e am�„r��e d fir nTmr�.wPe t-A
GGTTIITT ,
#+tee.
m s,irahle ahion s snosifOREJ in the
C�1+e�Fe-tkk�rTG�3vara�rc-vuJcctFy�v�pccrrrca-rrrcrn.
a4R
n,,al Cnhaal ImnraV8_w8_.}t Raa,rn.
5.6.2 Development and Operations Management.
41/492/24442018
13
C r 7 4 The niHmhor ref relled c� eRts as defined in
v:vr. r— �rn.-n-rir✓cr—vre♦�-mrccr� ci�vZrcm�ccr-mr
0the
eA-f the shall be allevGhai4er,
5.6.2. The percentage of parents who on the Parent
Survey agree or strongly agree to the statement that "I would recommend the Charter
School to a friend" is 90% for each year.
5.6.3. Financial Management.
5.6.3.1. The audits if any required by State Law and the
Charter, as amended, 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, relative to or associated with the Services to be performed by
CSUSA, as applicable.
5.6.4 Human Resources Management.
5.6.4.1. Class size and student/classroom teacher ratios
shall be maintained throughout the school year in accordance with the requirements of
applicable federal or state law (e.g., Class Size Amendment), if any, Any vacancy in a
classroom teacher position that results in an increase to the student/classroom teacher
ratio shall be filled with a permanent qualified teacher as soon as possible, provided
however, that no such vacancy shall remain unfilled by a permanent qualified teacher
for more than four weeks from the date of the vacancy, unless authorized by the City
Manager, unless the lack of such authorization would contradict applicable local, state
or federal law.
5.6.4.2. Upon request by the School, CSUSA shall make
every reasonable effort to provide a pool of applicants who meet the State certification
requirements.
5.6.4.3. The year-to-year retention rates for CSUSA
permanent staff and for CSUSA classroom teachers, excluding staff or teachers whose
contracts are not renewed, who the CITY elects to have not reassigned, or who are
dismissed for cause and as adjusted for mobility, shall be 80%.
5.7 Other.
5.7.1 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 issues.
41/4-92/24442018
14
5.7.2 Other Activities. CSUSA shall be responsible for ensuring
that the Services comply with the terms and conditions of the Charter, as amended, and
shall, in a timely manner, provide information and perform all other activities required of
CSUSA during the term of this Agreement to perform its responsibilities hereunder.
5.7.3 Legal Services. If requested by the City Manager, CSUSA
shall provide legal representation from the firm of Tripp Scott, P.A. on behalf of the
School in dealing with matters before the Miami-Dade County School Board. The City
shall be responsible for the costs associated with such representation requested by the
City Manager. However, The City 2GkReW1eSg86acknoWledgeS that Tripp Scott, P.A. is
counsel for CSUSA and herein waives any conflict for legal services provided pursuant
to this paragraph.
6. Responsibilities of the CITY. The CITY shall be responsible for the
following:
6.1 Education Management
6. F=XvSnreyridecof this;
n^r ;tTests and Assessments.; Tthe School shall administer all standard
tests/assessments to the students that are required by law or Chartering Entity policy,
and shall ensure that students at the Charter School participate in all assessment
programs in which the Chartering Entity's students in comparable grades/schools
participate. The School will administer all such required tests/assessments in a timely
fashion consistent with the State's and Chartering Entity's testing schedule and in
conformance with the State's and Chartering Entity's policies and procedures related to
test security and test administration. The Charter School's testing administrator will
attend all test administration training sessions provided by the Chartering Entity and
shall follow all Florida Department of Education Testing Guidelines specified in the Test
Administration Manuals, as well as, the District Standards for Test Administration and
Security.
6.1.2 Parent Activities. The CITY shall coordinate and oversee all
organized parental involvement, shall work with the approved School Advisory
Committee "—1 r'7TTCd aRy paTeRt-teaGh8F raga iZzat+ee--est lishedferth , p irpeGe efr
fWth8FORg the gealsAef thx=GhaFteF-SGheel, and shall coordinate parent, teacher and
student organizations. a d- in +i^ 1..2.1 of thiTgreeme{ f�t the-re6t
Aef the GIITY, an+n�,r^nriato Q9l -A Staff Shall atton�8tiRgS�f��Rr-hAp, AfbxirAP
CAMMO+t P A Athpr erganizaitq_prev i e re s e
�" U ,
^rrvnnizati^nc to the extent -availaNia.
41/492/24442018
15
6.1.3 Extracurricular Program/Activities. The CITY shall
determine, establish, staff, operate and administer the extracurricular
programs/activities that will be offered at the Charter School, including but not limited to,
before and after school programs/activities.
6.1.4 Summer School. The CITY shall determine, establish, staff,
operate and administer the summer school program, if any, that will be offered at the
Charter School.
6.2 Development and Operations Management
6.2.1 Public Relations. The CITY shall coordinate all official
public relations for the Charter School including, without limitation, community outreach,
press releases and media relations.
6.2.2 Transportation. The CITY shall be responsible for
contracting with public or private entities or individuals for the provision of
transportation.
6.2.3 Cafeteria Management and Food Service. The CITY shall
be responsible for contracting with public or private entities for the provision of cafeteria
management and food service for the school.
6.2.4 - State, Local and School Board Compliance.
6.2. .1 Coordination with the Chartering Entity. The
CITY shall be responsible for coordinating any and all activities of the Charter School
with the requirements of the Chartering Entity and for complying with all reasonable
requests of the Chartering Entity regarding the Charter School. Unless otherwise
authorized by the City Manager, the CITY shall be responsible for submitting all
documents and reports requested or required by the Chartering Entity, the Charter, as
amended, and all applicable federal, state, local and Chartering Entity laws, ordinances,
rules and regulations., ORGII ding h,,+ r„+ li.Y,ite£JtA the RG-heellmpr"^v-`P'emeR+��
ni eP94 ARRyal Budget and Annual udl;+. In accordance with Section 5.2.5.1 of
this Agreement, CSUSA shall be responsible for providing the CITY, in a timely manner,
with any and all information, data, materials, documents, records, and submittals for or
associated with the Services performed by CSUSA, that are requested by or necessary
for the CITY to coordinate with the requirements of or comply with all reasonable
requests of the Chartering Entity._
6.2.34.2 Compliance with Applicable Law. Except
as provided in Section 5.2.5.2 of this Agreement, the CITY shall be responsible for
ensuring that the Charter School complies with all applicable federal, state, local and
Chartering Entity laws, ordinances, rules and regulations.
41/492/24442018
16
6.2.34.3 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
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. No changes will be made by the CITY to the approved Charter, as
amended, between the CITY and the Chartering Entity that directly impact CSUSA's
performance of its Services without CSUSA's consent and approval; such consent and
approval shall not be unreasonably withheld.
6.2. Furniture, Fixtures, Equipment and Technology
("FFE&T"). The CITY shall be responsible for obtaining, ordering and purchasing any
FFE&T to be utilized in or by the Charter School during the term of this Agreement.
vCICl lcw KirialI rF9 rirlo tA-th P- CITY frA-.r ebtainini r eFinTRg ani
PUF ']l iRg aver PPF=&T R8 Fy fee peFfeFFnaPr+o r.f ('CI ICA'c Sep.xi
� Eessa�r— ��rr �� e . At the
CITY's option, the CITY may request CSUSA's assistance and input into the process of
obtaining any FFE&T to be utilized in or by the Charter School or that CSUSA order
some or all of the FFE&T CSUSA deems necessary for the performance of the
Services. Regardless of whether the CITY or CSUSA orders the FFE&T, order(s) for
FFE&T necessary for the performance of CSUSA's Services shall be in compliance with
the written instructions from CSUSA unless mutually agreed otherwise.
6.2.4.5" Books and Supplies. The CITY shall be responsible
for obtaining, ordering and purchasing the books and supplies to be utilized in or by the
Charter School during the term of this Agreement. mac" shall r Feyide ,°,ri«p-p
r Fy feF perfr-rm.+nr a A-f ('CI ICA c /� CITY's eptieR iGITV
rrGiC$SS�ry--rar ��rr �i�YFFC�.r. At vrrrv��arrvr� vrrr
Supp + -hp- ire eF her ��Qhartp-r -Rr--hF}hat ('CI IC/� r-rrlor c�nr�f-
thi-Q hA-A-k and ruppl��that r`CI ICA d-88MGH8G8GGaFy 9F P
th8 eFfE)rm�Prof the
QG�FP-eS RegaFdless efierhether lt p CITY Ar ('CI ICA ArrJe�4.17vvk-"7 '-rn�7-Tar plies,
(c) fr-r hA-A-kc; and 6 1PPI086 n ossary fee perform• RrOe ref GRI ICA'c. Co AiG86
Gr p�rrcTrre6ca.�c+ry-rvr- �.��vrmc�rrv�rn cl�v�.r
A-thoRAV iSE
6.2.6 Records Retention; Public Records. The CITY shall
provide, protect, preserve, transfer and maintain both active and archival records for
41/492/24442018
17
current/former students in accordance with Florida Statutes and the provisions of the
Charter, as amended.
6.2.7 Insurance. Except as indicated in Section 5.2.8 of this
Agreement, the CITY shall ensure that the Charter School complies with all insurance
requirements set forth by the Chartering Entity.
6.2.8 Facility Maintenance. The CITY shall be responsible for
custodial services and ordinary repair and maintenance concerning the day-to-day
operation of the Charter School, and shall be responsible for all other repair and
maintenance, including but not limited to ground maintenance and maintenance of the
physical plant. CSUSA shall be responsible for, and pay for, any and all repairs or
replacements necessary relative to the FFE&T and the books and supplies that arise
due to the intentional acts or willful misconduct of CSUSA, its employees, agents,
contractors, guest and invitees.
6.2.9 School Uniform Procurement Services. The CITY shall
be responsible for contracting with public or private entities or individuals for the
purpose of providing student uniforms to be purchased by students in conformance with
the criteria established by the Charter School.
6.2.10 Technology Management. The CITY shall be responsible
for the following Technology functions at the School:
• The design, development, implementation and maintenance of the Charter
School's web site, to which CSUSA shall be allowed to link.
• Email service for all school staff and employees.
• Oversee and provide onsite IT support and troubleshooting including
network infrastructure, wireless management, hardware web filter
management and phone system.
• Recommend and purchas all hardware and software required by
the School.
• Maintain a mass parent communication vehicle.
• Social media
6.3 Financial Management.
6.3.1 Annual Budget. The City Manager, with assistance and
cooperation of CSUSA as specified in Section 5.3.1 of this Agreement, shall prepare
and submit to the City Commission the "Charter School Annual Budget" by May 10 of
each year. The budgets shall include, as appropriate, the total number of student
stations for the coming academic year, all capital purchase requests, lease payments,
debt repayments and/or cash loans required, operating revenues and operating
expenditures for the respective school year. The parties shall work cooperatively
together on any and all budgetary matters and issues prior to the submission of the
41/492/24442018
18
proposed budget to the Aventura City Commission. The final proposed Charter School
Annual Budget shall be submitted to the Aventura City Commission for approval no later
than May 10 of each year. The CITY shall ensure that the Charter School Annual
Budget is submitted to the Chartering Entity in a timely manner consistent with the
Charter, as amended.
6.3.2 Fund Raising Activities. The CITY shall be responsible for
fund raising activities on behalf of the Charter School, during the term of this
Agreement
6.3.3 Audits. The CITY shall ensure that required audits are
performed by the CITY's auditors in accordance with the Charter, as amended. As
specified in Section 5.3.2 of this Agreement, CSUSA shall accommodate all required
audits of the Charter School and shall provide information and ensure access to all
school records and source documents required by, relative to, or associated with the
Services to be performed by CSUSA, in a timely manner. The CITY shall ensure that
the annual audit is submitted to the Chartering Entity in a timely manner consistent with
the Charter, as amended.
6.3.4 Payroll Administration. The CITY shall prepare, maintain,
administer, and report all payroll of CITY employees hired to work at the Charter
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 or municipal authority during the term of this Agreement.
6.3.5 Tax Exempt Fund Raising Activities. If the CITY
concludes it is appropriate to do so, the Charter School may seek to establish a
separate tax-exempt organization to conduct fund raising activities and receive tax
deductible contributions in support of the Charter School and/or of education generally.
CSUSA shall cooperate with such tax-exempt organization as necessary and
appropriate.
6.3.6 Funding For Charter School Costs and Expenses. The
CITY shall maintain a Charter School Fund to account for expenditures and revenues
associated with the Charter School. It is understood by CSUSA and the CITY, that any
and all funds expended by the CITY, including costs and expenses associated with the
planning and development of the Charter School such as, start up funding, land
acquisition and capital improvements including construction of the facility and CSUSA
Fees, professional services contract fees and other out-of-pocket costs and expenses,
shall be reimbursed to the CITY from Charter School revenues. The reimbursement
schedule shall be included in the proposed Charter School Annual Budget.
41/492/24442018
19
6.3.6.1 Procedure for Payment. In order to receive funds
from the CITY pursuant to this Section, CSUSA shall prepare and submit invoices to the
City Manager CSUSA shall submit to the CITY a schedule for payroll at the beginning
of the academic year. This schedule may be amended from time to time, as appropriate.
The CITY shall be required to wire or ACH transfer payment from the Charter School
Fund for the payroll at least five (5) business days prior to a schedule payroll date or
other set due date, as applicable. For all other Charter School expenses for which
CSUSA is seeking payment, CSUSA shall submit invoices to the City Manager and
such other expenses shall be deemed due, subject to the provisions of Section 10 for
Administrative and Educational Services Fees, upon approval by the City Manager after
receipt by the CITY of the invoices and such source documents, supporting schedules,
summaries and explanations as may reasonably be requested by the City Manager
from time to time ("approved expenditures"). The City Manager shall direct payment
from the Charter School Fund to CSUSA for all approved expenditures within seven (7)
business days. CSUSA agrees to provide the CITY, within ten (10) business days,
source documents, supporting schedules, summaries and explanations as may
reasonably be requested by the City Manager from time to time. CSUSA shall
immediately reimburse the CITY for any unallowable Charter 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.
6.4 Human Resource Management.
6.4.1 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. As specified in Section 5.4.2 of this Agreement,
the Charter School Principal and Key City Personnel, as determined in the CITY's sole
judgment, shall be employees of the CITY and selected by the City Manager. The CITY
will establish job descriptions, salaries and benefits for the Charter School Principal and
Key City Personnel. At the CITY's option, CSUSA shall recruit qualified personnel for
the Charter School Principal and Key City Personnel, and the CITY may conduct its own
recruiting efforts for qualified personnel for these positions, for selection by the City
Manager. The parties agree that the Charter School Principal and CSUSA will work
together to perform their respective responsibilities for the day-to-day operations of the
Charter School and for carrying out the mission of the Charter School based on the
goals and objectives as stated in the Administrative and Educational Services
Agreement Documents.
6.5 Charter School Department. The CITY has established a Charter
School Department which is responsible to the City Manager. CSUSA shall be
accountable to the City Manager. Neither the City Commission nor its members shall
give orders to CSUSA, its employees or employees of the City Charter School
Department, either publicly or privately. Recommendations for improvements in Charter
School operations by Commissioners shall be made solely to and through the City
Manager.
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6.6 Annual Review of Performance Criteria. No later than October
31St of each year, the CITY and CSUSA shall review the minimum performance criteria
established in Section 5.6, including measurement methodology and assumptions, to
jointly verify and/or modify the criteria, requirements, measurement methods and
assumptions to accurately and appropriately evaluate the performance and
effectiveness of CSUSA and the Charter School as contemplated in the Administrative
and Educational Services Agreement Documents. The CITY may, at its sole option,
modify the measurement methods and/or assumptions should it determine that such
modifications are necessary to more accurately and appropriately evaluate the
performance and effectiveness of CSUSA and the Charter School as contemplated in
the Administrative and Educational Services Agreement Documents. During the annual
review, CSUSA and the CITY shall additionally determine the specific tests/instruments
upon which the minimum performance criteria delineated in Section 5.6.1 shall be
based for the subsequent school year.
6.7 Other Activities. The CITY shall be responsible for providing all
information and performing all other activities required of the CITY during the term of
this Agreement to maintain a fully operational Charter School.
7. Cooperation. The parties shall, in good faith, share all information
received from the Chartering Entity necessary 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 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 Administrative and Educational Services
Agreement Documents.
9. Charter Schools Funding Resources. All revenues, grants, and
revenue allocations received by or targeted to the Charter School, shall be directed to
and retained in the Charter School Fund, as established by the CITY.
10. Administrative and Educational Services Fees. Subject to annual
appropriations by the City Commission, the CITY shall pay CSUSA annual
Administrative and Educational Services fees for the performance by CSUSA of its
responsibilities as provided in this Agreement as follows:
10.1 Administrative and Educational Services Fee. The annual
Administrative and Educational Services Fee shall be as follows:
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21
July 1, 2 12 2018 to June 30, 20142023: $ 9306,000
July 1, =4-2023 to June 30, 201 82028: 4.3�f sum Of GWE18Rt eRt To
be negotiated
July 1, 8-2028 and thereafter: To be negotiated
a
Ppepel4mepate share a! ppegpama
Ret 8XG88 d $399 r.or StlWRAt
All payments to CSUSA for the Administrative and Educational
Services Fee shall be paid on a monthly basis, with each payment representing 1/12 of
the annual Administrative and Educational Services Fee.
,--vimimthe pu,-poses ef this cgrceme�, �ru,Trvcrv�eP-vrrcc—
„ be te- the Rg ,
CTC Ci,nding feF the Ghhiaartet-c3rOhA94.
10.2 In order to supplement and enhance the County, State or Federal
funds that are normally associated with the operation and development of a school, the
CITY and CSUSA shall endeavor to obtain revenues from other sources, including
grants and donations (the "Additional Revenues").
11. Insurance. CSUSA shall maintain comprehensive general liability
insurance in the amount of Five Million and no/100 Dollars ($5,000,000.00) per
occurrence combined single limit and Five Million and no/100 Dollars ($5,000,000.00) in
the aggregate, insuring against property damage and personal injury and death
occurring in connection with the Charter School. In addition, CSUSA shall maintain
workers compensation insurance in the amount of the greater of Fifty Thousand and
no/100 Dollars ($50,000.00) or the minimum amount required by law.
12. Indemnification.
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12.1 CSUSA agrees to indemnify, defend with counsel (reasonably
acceptable to the CITY) and hold the CITY, and its elected officials, 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, its officers, employees
and agents, in connection with the Agreement, (b) CSUSA's breach of this Agreement
or any applicable federal, state, local or Chartering Entity law, ordinance, rule or
regulation and/or (c) any failure by CSUSA to pay its suppliers or subcontractors. 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 acts or conditions
that occurred or accrued prior to such expiration or termination.
12.2 Subject to the provisions and monetary limitations of F.S. 768.28,
as amended or superseded, 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, its employees and
agents, in connection with the Agreement, (b) the CITY's breach of this Agreement or
any applicable federal, state, local or Chartering Entity law, ordinance, rule or
regulation, and/or (c) any failure by the CITY to pay its suppliers or subcontractors. 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 acts or conditions
that occurred or accrued prior to such expiration or termination.
12.3 Upon becoming aware of the potential for a claim hereunder, the
party seeking indemnification shall promptly notify the other party in writing of the
existence of such claim, demand 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.
12.4 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.
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13. 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:
13.1 Any action, inaction or creation of circumstances that put the Charter,
as amended, in jeopardy of non-renewal or termination pursuant to the Charter, as
amended, or any applicable federal, state, local or Chartering Entity law, ordinance, rule
or regulation; or
13.2 Failure to pay any amount due hereunder within thirty (30) days
after written notice to the defaulting party that such amount is due; or
13.3 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
13.4 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, interveneer, 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
13.5 If the ownership of CSUSA shall be transferred or assigned, directly
or indirectly, without the prior written consent of the CITY, in violation of Section X35;
or
13.6 If CSUSA uses funds not in accordance with the terms of this
Agreement including both negligent and fraudulent use of funds, or if CSUSA fails to
obtain or maintain any license, including the revocation of such license by an
administrative or judicial body, that may be required for CSUSA to carry on its business
and perform its obligations and functions under this Agreement. For purposes hereof,
41/4-92/24442018
24
any fraudulent use of funds shall include the use of funds by misrepresentation,
concealment, nondisclosure, misleading conduct, devices, or contrivance; or
13.7 If any representation, statement, or warranty made in the Agreement
by CSUSA or the CITY is false, misleading, or breached in any material respect.
Upon the occurrence of an Event of Default, the non-defaulting party shall be
entitled to pursue all remedies available under law or equity, and in addition to such
remedies, may immediately terminate this Agreement with Cause in accordance with
Section 14.1.
14. Termination of this Agreement. This Agreement may be terminated by
the parties as follows:
14.1 Termination with Cause or for Nonperformance. Upon the
occurrence of an Event of Default beyond applicable grace, notice and cure periods, 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.
14.1.1 Termination with Cause may include, but is not limited to,
failure for CSUSA to account for its expenditures or to pay operating costs; failure to
follow the policies, procedures, rules, regulations or City-approved curriculum as
adopted by CSUSA.
14.1.2 Notwithstanding the foregoing, the failure to obtain any one
of the performance criteria in Section 5.6 of this Agreement, shall be cause for the CITY
to terminate this Agreement with cause, unless CSUSA, within thirty (30) days from
receipt of written notice from the CITY, presents and agrees to implement an action
plan, acceptable to the City Manager, detailing the actions to be taken by CSUSA to
raise the performance level to acceptable standards, provided however that the
revocation of the Charter, as amended, by the Chartering Entity, shall be cause for the
CITY to terminate with cause this Agreement, without providing CSUSA an opportunity
to cure.
14.1.3 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 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 in addition to the
termination of this Agreement.
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14.2 Termination without Cause. This Agreement may be terminated
without cause (hereinafter referred to as "Termination without Cause"), as follows:
14.2.1 This Agreement shall terminate on June 30, 2042023,
unless terminated earlier in accordance with the provisions of Section 14 or extended as
otherwise provided for in this Agreement.
14.2.2 By the CITY, upon thirty (30) days advanced written notice,
due to a change in federal, state or local or Chartering Entity law, ordinance, policy,
rule, regulation or appropriations during the term of this Agreement which would
materially impact the ability to staff, operate or maintain the Charter School substantially
in conformance with the Administrative and Educational Services Agreement
Documents, including the Charter Application and the Charter, as amended. Such
changes could include, but not be limited to, a charter school capital outlay funds
appropriation that does not provide for the Charter School to receive funding
substantially in accordance with the Administrative and Educational Services
Agreement Documents, including the Charter Application and the Charter, as amended,
or a modification that would substantially impact the ability to limit the enrollment
process to target the children of the CITY.
14.2.3 By the CITY, at any time and for any reason or no reason,
upon one (1) year advance written notice.
14.2.4 Upon Termination without Cause, 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.
15. Transfer of Functions Upon Termination. In recognition of the
paramount importance of maintaining the integrity and continuing operations of the
Charter School, upon the expiration of the term of this Agreement, or in the event this
Agreement is terminated pursuant to Section 14, or as otherwise indicated in this
Agreement, CSUSA agrees to cooperate with the CITY during the transition of
operations of the Charter School and 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 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:
15.1 Assignment, in accordance with Section 5.4.2 of this Agreement, of
all employees and employment contracts of the Charter School and the transfer of
employee records to the CITY or an entity selected by the CITY.
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26
15.2 Transfer of all student records, then current curriculum programs
and class syllabi of the Charter School (unless the same is proprietary to CSUSA), if
any, to the CITY or an entity selected by the CITY.
15.3 Assignment, at the CITY's sole option and in accordance with the
provisions of Section 32 of this Agreement, of all contracts, subcontracts and/or
agreements, if any, entered into by CSUSA for the Charter School, to the CITY or an
entity selected by the CITY, if such contracts or subcontracts are assignable.
15.4 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 for the operation of the Charter School that is not owned by CITY or the
Charter 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 School, the CITY shall execute a license agreement with CSUSA
for the use of the same for a reasonable license fee (based upon the then existing
market value) to be negotiated in good faith by the parties.
15.5 Transfer of all property including, but not limited to, furniture,
fixtures, equipment, materials, software and hardware acquired for the Charter School
by the CITY and purchased by the CITY or through the use of funds designated for the
Charter School, to the CITY or an entity selected by the CITY.
15.6 The delivery of any and all Public Records in CSUSA's possession to
the CITY or an entity selected by the CITY.
15.7 Transfer of any and all other information owned by the CITY, or
provision of assistance, to ensure the least disruption of the continuing operations of the
Charter School as a result of the termination of this Agreement.
15.8 The provisions of Section 15 shall survive the termination of this
Agreement.
16. Entire Agreement. This Agreement and all documents contemplated
herein including the Administrative and Educational Services Agreement Documents,
represent 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.
17. Assignments. No party shall assign or pledge its rights or obligations
hereunder without the prior written consent of the other party to this Agreement, which
41/492/24442018
27
consent may be withheld by such party in its sole discretion except as otherwise
provided for in this Agreement.
18. 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.
19. Relationship of Parties. The relationship between the parties hereto
shall be solely as set forth herein as independent contractors and neither party shall be
deemed to be an employee, agent, partner, or joint venturerw of the other.
20. 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.
21. 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 federal, state, local and Chartering Entity
laws, ordinances, rules and regulations, to ensure that the Charter School is maintained
as a fully operational Charter School in compliance with the Administrative and
Educational Services Agreement Documents and the Charter, as amended, during the
term of this Agreement. 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, shall include the appropriate time
necessary for submission, consideration and/or approval by the Aventura City
Commission.
22. 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.
23. Notices. All notices and other communications required or permitted
under this Agreement shall be in writing and given by:
23.1 hand delivery;
23.2 registered or certified mail, return receipt requested;
23.3 overnight courier, or
41/492/24442018
28
23.4 facsimile with a hard copy follow up pursuant to Sections 23.1, 23.2
or 23.3 to:
If to CSUSA: Charter Schools USA ;-;t "-Rt--- ',THTC.
6-245- ni Federal Highway800 Corporate Drive, Suite
55700
Fort Lauderdale, Florida 2228833334
Attention: Mr. Jonathan K. Hage, President
Fax: (954) 202-2047
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: Er;ro nn c„r„k;;Susan Grant
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Fax: (305) 466-8919
With a copy to: Weiss Serota Helfman P^ a-Cole &
RAPiski-Bierman, P.L.
200 E. Broward Blvd.
Suite 1900
Fort Lauderdale, FL 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:
23.4.1 on the date delivered if by hand delivery or overnight courier,
23.4.2 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
23.4.3 on the date of transmission with confirmed answer if by fax.
41/492/24442018
29
24. 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.
25. 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.
26. 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 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.
27. 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.
28. 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.
29. 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:
29.1 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.
29.2 consents to the jurisdiction of each such court in any suit, action, or
proceeding; and
41/492/244-92018
30
29.3 waives any objection which it may have to the laying of venue of
any such suit, action, or proceeding in any of such courts.
29.4 waives any right to trial by jury in any such litigation between the
parties.
30. 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.
31. 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
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.
32. Contracts and Subcontracts CSUSA may contract and/or 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 contract and/or 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 contracts and/or subcontracts in
connection with the performance of the duties, functions, and responsibilities under this
Agreement. CSUSA shall be responsible for the management of all contractors and/or
subcontractors in the performance of their work. Nothing herein shall create any
relationship, contractual or otherwise, between CITY and any contractor or
subcontractor. Notwithstanding the rights of CSUSA to enter into such contracts,
subcontracts and agreements and the contractual obligations of contractor or
subcontractor to CSUSA, CSUSA shall remain liable to the CITY for the performance of
Services under this Agreement.
Any and all contracts, subcontracts and agreements entered into by CSUSA pursuant to
this Agreement shall (i) contain insurance and indemnity requirements in favor of the
CITY consistent with Sections 5.2.8 and 12 of this Agreement, (ii) if possible, provide
that the CITY is a third part beneficiary of such contract, subcontract or agreement, and
(iii) if possible, include provisions that provide for the assignment of these contracts,
subcontracts or agreements, at the CITY's sole option, to the CITY, or an entity of the
CITY's selection, upon the expiration of the term of this Agreement or in the event this
Agreement with CSUSA is terminated pursuant to the terms herein. In the event of
such assignment, CSUSA and the CITY shall be responsible for their respective duties
under the terms of this Agreement until the date of assignment. CSUSA shall indemnify
41/492/24442018
31
the CITY for the acts and omissions of CSUSA occurring prior to the date of
assignment, and the CITY shall indemnify CSUSA for the acts and omissions of the
CITY following the occurrence of the date of assignment. CSUSA shall provide CITY
with copies of all contracts, subcontracts and agreements to ensure they comply with
the foregoing.
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. Governinq 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.
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3635. Sale or Transfer of Interest in CSUSA. This Agreement is made by the
41/492/24442018
32
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 shall be transferred,
pledged, mortgaged 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,
pledge, mortgage or assignment, the City Manager may consider, without limitation:
3635.1 whether the now current individual principals and managers
of CSUSA will continue to retain total responsibility for the performance of
CSUSA Services for the Charter School;
.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.
3736. Additional Audits. In addition to the audits required pursuant to Section
5.3.2 of this Agreement, 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 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.
3637. 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 may relate to regulations of general applicability which may govern the
Charter School and the facility, and any improvements or 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.
41/492/24442018
33
[SIGNATURES APPEAR ON THE NEXT PAGE]
41/492/ 2018
34
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:
TerTcaa "" 2prAkAEllisa Horvath, MMC Grin. n" ser^ka;Susan Grant, City
Manager
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
WITNESSES: 9u��ro crunni c iicn A
nvr.NiT-RA, i r
}
By;
SigRattFi�-enA-than, K. Hage, D. ciue�
DriAt N-Amo
CHARTER SCHOOLS USA, INC.
By:
Signature Jonathan K. Hage, President
Attest:
Print Name Corporate Secretary
41/492/24442018
35
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 February , 2018, 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, ACES
charter school administration, management and operating 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.
41/4-92/24442018
36
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 thirty (30)
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 technologV 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@CITYOF AVENTURA.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:
BV:
President By:
Susan L. Grant
City Manager
41/482/24442018
37
ATTEST:
City Clerk
Approved as to Form and Legal Sufficiency for
the Reliance of City Only:
City Attorney
41/492/24442018
38
ORDINANCE NO. 2018-
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 2018/2019 (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 2018/2019 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. 2018-
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, 2018 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 2018/2019 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.2018-
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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley _
Mayor Enid Weisman
Page 3 of 4
City of Aventura Ordinance No. 2018-
PASSED AND ADOPTED on first reading this 19th day of April, 2018.
PASSED AND ADOPTED on second reading this 1st day of May, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 4
L
#- - -
wn
n
�, , = .
City of Aventura
Aventura City of Excellence School Charter School Budget
FISCAL YEAR 2018/2019
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND BUDGET
FISCAL YEAR 2018/2019
ES
AG S
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
Susan L. Grant
Principal
Julie Alm
Assistant Principals
Leslie Lee
Jorge Paz
Anthony Tyrkala
Administrative and Educational Services Provided by:
Charter Schools USA
i
FXCQLENa SCI W-
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CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND BUDGET
FISCAL YEAR 2018/2019
Table of Contents
City Manager's Budget Message.................................................................................................................i-viii
Comparative Personnel Allocation Summary..................................................................................................vi
Full-Time Staff Comparison Chart..................................................................................................................vii
Organization Chart/Vision Statement............................................................................................................ix
INTRODUCTION .............................................................................................................................................1
Organization and Operations..................................................................................................................2
Budget Process and Procedures ........................................................................................................ 3-5
FinancialPolicies................................................................................................................................ 5-6
Philosophy and Essential Elements.................................................................................................... 6-7
Curriculum........................................................................................................................................... 7-9
Performance Criteria Matrix....................................................................................................................9
Budget Preparation Calendar................................................................................................................10
DEPARTMENT DESCRIPTION &SUMMARY OF FUND........................................................................11-12
REVENUE PROJECTION & RATIONALE...............................................................................................13-16
BUDGETARY ACCOUNT SUMMARY BY EXPENDITURE FUNCTION.................................................17-27
K-3 Basic 5101......................................................................................................................................18
4-8 Basic 5102......................................................................................................................................19
Exceptional Student Program 5250 ......................................................................................................20
SubstituteTeachers 5901 .....................................................................................................................21
Instructional Media Services 6200........................................................................................................22
School Administration 7300 ..................................................................................................................23
Pupil Transit Services 7800 ..................................................................................................................24
Operationof Plant 7900........................................................................................................................25
Child Care Supervision 9102 ................................................................................................................26
CapitalOutlay 7400 ..............................................................................................................................27
AdoptingOrdinance..................................................................................................................................29-33
i
�' C(QLEVE SOW-
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City ®f
Aventura
%IJGovernment Center ACES
CLtk6WW:n-VCOMMUNoisy 19200 West Country Club Drive
Aventura, Florida 33180
Office of the City Manager
April 13, 2018
The Honorable Mayor and City Commission
Aventura City of Excellence School Board of Directors
City of Aventura
Aventura, Florida 33180
RE- 2018/19 Charter School Fund Budget Message
Members of the City Commission-
In accordance with Article IV, Section 4.05 of the City of Aventura (the "City") Charter, I
hereby submit the proposed Budget for the Charter School Fund for the fiscal year
beginning July 1, 2018, for your review and consideration. This budget document
represents the 16th year of operation of the Aventura City of Excellence School (the
"School"). Our goal in the development and preparation of a realistic balanced budget was
to provide the funding levels that are necessary to maintain quality educational services for
our students.
Budget Format/Transparency
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
Over the past years, the School has continually demonstrated that it can operate as a high
performing school that provides quality educational services for our students, within the
school-based revenues. We have also been fortunate to have had a very involved parent
base that participates in fund-raising activities for school improvements.
The overall budget increased by $248,571 or 2.62%, largely due to increases in personnel
costs and enhancements to our 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%
over the current year-end projection.
i
The following items represent important highlights in the 2018/19 proposed budget:
• Teacher salary increases reflect the previously adopted performance pay plan in
accordance with Florida Statute 1012.22, rewarding teachers who are rated effective
and highly effective.
• One additional staff position is proposed. This new staff member (i.e., Instructional
Technology Coach) will provide imbedded professional development related to one-
to-one computing. In addition, the Instructional Technology Coach will provide
professional development for all Kindergarten through eighth grade teachers related
to the meaningful integration of technology to support the acquisition of twenty-first
century skills while mastering Florida State Standards.
• Funds have been budgeted to provide for interactive classroom lesson software and
an extension of the one-to-one computing to include fifth and sixth grade students.
The technology expansions will include additional laptops, computer replacements
and interactive televisions.
Summary of All Budgetary Funds
The total proposed budget for 2018/19, including all operating and capital outlay, is
$9,731,200 and is broken down into the following categories:
• Personnel Services — $6,245,548 or 64.18%
• Operating Expenditures — $2,579,152 or 26.50%
• Other Uses — $535,000 or 5.50% (primarily consisting of an $85,000 Contingency and
$444,000 in lease payments to the Debt Service Fund to cover school construction-related
debt payments).
• Capital Outlay — $371,500 or 3.82%
Other Uses Capltal Outlay
S,S4Vv 3.523v
Operating
Expenditures
26.50%
Personnel Services
64.18%
I I
The following chart shows a comparison of the department's budgets for the past two (2)
fiscal years. As previously indicated, total Revenues and Expenditures increased by
$248,571 or 2.62%, respectively.
Charter School Budget Category Summary
Increase
2017/18 2018/19 (Decrease) %Change
Revenues
State Shared Revenues $ 7,980,879 $ 7,954,450 $ (26,429) -0.33%
Local Capital Improvement Revenue - 297,000 297,000 N/A
Charges for Services 500,000 500,000 - 0.00%
Miscellaneous Income 623,000 601,000 (22,000) -3.53%
Other Non-Revenues 378,750 378,750 - 0.00%
Total Revenues $ 9,482,629 $ 9,731,200 $ 248,571 2.62%
Expenditures
K-3 Basic 5101 $ 2,373,717 $ 2,385,882 $ 12,165 0.51%
4-8 Basic 5102 2,951,999 3,088,951 136,952 4.64%
Exceptional Student Program 5250 253,886 246,760 (7,126) -2.81%
Substitute Teachers 5901 108,824 131,596 22,772 20.93%
Instructional Media Services 6200 72,892 77,957 5,065 6.95%
School Administration 7300 1,069,770 1,118,784 49,014 4.58%
Pupil Transit Services 7800 195,000 205,200 10,200 5.23%
Operation of Plant 7900 1,953,541 1,954,570 1,029 0.05%
Child Care Supervision 9102 150,000 150,000 - 0.00%
Capital Outlay 7400 353,000 371,500 18,500 5.24%
Total Expenditures $ 9,482,629 $ 9,731,200 $ 248,571 2.62%
Charter School Fund
This fund is used to account for revenues and expenditures specifically earmarked for the
City's Charter School (i.e., operating and capital revenues and expenditures).
Charter School Fund Budget Revenues
Local Capital
Improvement
State Shared Revenue
3.05%
Revenues
81.74% Charges for Services
5.14%
Miscellaneous
Income
6.18%
Other Non-
Revenues
3.89%
III
Charter School Fund Budget Expenditures
Substitute Teachers
5901 Instructional Media
Exceptional Student 1.35% Services 6200
Program 5250 1 0.80%
2.54% Pupil Transit
School Services 7800
Administration 7300 2.11%
11.50%
4-8 Basic 5102 Operation of Plant
31.74% 7900
20.09%
K-3 Basic 5101
24.52%
Child Care
Supervision 9102
Capital Outlay 7400 1.54%
3.82%
During the 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. In the coming 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.
The School will enrich a child's learning and social atmosphere through the following:
• 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 the School's Word 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 the
School's 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, classroom projectors,
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. The School will continue
iv
to implement a one-to-one classroom designed to increase achievement and
engagement of at-risk readers in grades six to eighth. One-to-one computing devices
for all fifth grade students will continue to be implemented.
• One-to-one computing will be expanded to the sixth grade classrooms, providing
students with authentic experiences to collaborate in real time across disciplines.
• 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.
• After school sponsored clubs — Debate Club and Coding Club
• Field Trips — Experience hands-on content, living history, ecological studies, guest
authors and a variety of culturally rich opportunities through a combination of on 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 fifth — eighth grade boys and motivational female speakers for fifth — eighth grade
girls.
• Career Awareness and Entrepreneurship — Register all eighth grade students in a
comprehensive course that will allow them to begin career planning.
• STEAM initiative fostering grade level specific 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 and volleyball teams.
• 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. Monthly "Coffee Connections" showcasing the
School's initiatives and accomplishments.
• Transportation — Four (4) school buses are currently utilized to provide school bus
service to approximately 400 students who live more than 2 miles and no further
than 3.5 miles from the School.
• Safe School Campus — The City provides 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.
Expenditures
The estimated 2018/19 proposed budgeted expenditures contained within this budget total
$9,731,200 and are balanced with the projected revenues.
v
Personnel Services
Personnel Services are budgeted at $6,245,548 or 64.18% of the budget and includes the
new Instructional Technology Coach position as described earlier and one (1) title change
from Dean to Assistant Principal in School Administration. Teacher salary increases reflect
the performance pay plan instituted three (3) years ago in accordance with Florida Statute
1012.22, rewarding teachers who are rated developing, effective and highly effective. The
total number of employees is 103 (94 full-time and 9 part-time). Included in the full-time
positions are 87 instructional staff members. All employees, except the Principal, two (2) of
the three (3) Assistant Principals and Janitor are under contract with CSUSA.
Charter School Fund
Comparative Personnel Allocation Summary
2 -Year Presentation
2017/18 2018/19
Function Job Class Full-Time Part-Time Total Full-Time Part-Time Total
5101 Teacher 31.00 31.00 31.00 31.00
Other Certified instruction
Reading Specialist 1.00 1.00 1.00 1.00
Instructional Counselor 1.00 1.00 1.00 1.00
Assistant Principal 1.00 - 1.00 1.00 - 1.00
Teacher Assistant - 7.00 7.00 - 7.00 7.00
Administrative Assistant 1.00 - 1.00 1.00 - 1.00
Subtotal 35.00 7.00 42.00 35.00 7.00 42.00
5102 Teacher 42.00 - 42.00 43.00 - 43.00
Other Certified instruction
Assistant Principal 1.00 1.00 1.00 1.00
Match Coach 1.00 - 1.00 1.00 - 1.00
Communications Specialist/instructional Asst. - 1.00 1.00 - 1.00 1.00
Subtotal 44.00 1.00 45.00 45.00 1.00 46.00-
5250 Teacher 2.00 - 2.00 2.00 - 2.00
Other Certified instruction
Dean of Student Services 1.00 1.00 1.00 1.00
Subtotal 3.00 3.00 3.00 3.00
5901 Pool Sub 1.00 - 1.00 1.00 - 1.00
6200 Media Specialist 1.00 1.00 2.00 1.00 1.00 2.00
7300 Principal 1.00 - 1.00 1.00 - 1.00
Dean 1.00 1.00 - -
Assistant Principal - - 1.00 1.00
Other Support Personnel
Receptionist 2.00 2.00 2.00 2.00
Administrative Secretary 1.00 1.00 1.00 1.00
Regis trar/Com pliance/ESE Support 1.00 1.00 1.00 1.00
Business Manager 1.00 1.00 1.00 1.00
Network/Computer Technician 1.00 1.00 1.00 1.00
Subtotal 8.00 8.00 8.00 8.00
7900 Other Support Personnel - -
1.00 - 1.00 1.00 - 1.00
93.00 9.00 102.00 94.00 9.00 103.00
vi
Full-Time Staff Comparison
9,
94
93.5 93
93
92.5
92
91.5 _
91
90.5
90
89.5
2013/14 2014/15 2015/16 2016/17 2017/18 2018/19
Operating Expenditures
The operating expenditures total $2,579,152, representing 26.50% of the proposed budget.
This is $11,917 more than the prior year and includes the following major items:
• Other materials and supplies - $133,500
• Textbooks - $168,000
• Building maintenance contract - $197,658
• After school Programs - $150,000
• Field Trips and School Events - $162,000
• Transportation services contract - $205,200
• CSUSA administrative/educational fee - $306,000
• MDCSB administrative fee - $147,274
• Food services - $280,000
• Electricity - $130,000
• Repairs and maintenance - $103,500
Other Uses
Other Uses budgeted expenditures total $535,000 and primarily consist of an $85,000
Contingency and $444,000 in lease payments to the Debt Service Fund to cover school
construction-related debt payments.
Capital Outlay
A total of $371,500 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 within this document and its related
funding levels representing the City's continued commitment to providing a school of
excellence for our community.
vii
The 2018/19 proposed 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 the
School 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 the School.
• Maintain 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 and the Finance
Department. I am also extremely grateful to the City Commission for the continued support
in assuring that this School remains the Aventura City of Excellence School. A Commission
Meeting will be held on April 19, 2018 to review the proposed budget document in detail.
Please refer any questions relating to the enclosed budget to my attention.
Respectfully submitted,
Susan L. Grant
City Manager
viii
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
Organization Chart
E0ENFURA Sill
City Manager
CSUSA School
Administrative/ Advisory
Educational Committee
Services
Principal
School
Operations
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.
ix
i
FXCQLENa S(oll'"
THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
OPERATING AND CAPITAL BUDGET
FISCAL YEAR 2018/2019
i vii
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(11LE CE SC0Z\-
INTRODUCTION
1
Organization and Operations
The School is a special revenue fund found within the City's financial statements. The
School commenced operations in August 2003 in the City and offers classes for
kindergarten through eighth grade with a projected enrollment of 1,020 for the 2018/19
proposed budget. The School is funded from public funds based on enrollment and may be
eligible for grants in accordance with state and federal guidelines, including food service
and capital outlay. The School can accept private donations and the City can incur debt for
its operations.
Reporting Entity
The School operates under a charter granted by the sponsoring school district, the Miami-
Dade County Public School District (the "District"). The current charter is effective until
June 30, 2018 but provides for a renewal of up to 15 years by mutual agreement of both
parties. In 2005, the School amended the charter to include grades six through eight. In
2012, the School amended the charter to increase the School capacity from 972 to 1,032
over five years commencing with fiscal year 2012/13. The School is owned and operated
by the City, is part of the City's government and is not a separate legal entity or otherwise
organized apart from the City. The City was incorporated in November 1995 and operates
under a Commission-Manager form of government.
Management Contract
The City has a contract with Charter Schools USA ("CSUSA") for administrative and
educational management services for the operations of the School. All School staff, except
the Principal, two Assistant Principals (Dean of Discipline & Operations and Dean of
Curriculum) and the Custodian, are employees of CSUSA. Total fees projected to be paid
to the management company for fiscal year 2018/19 are $306,000. The majority of the
other expenditures that are reimbursed by the City to CSUSA relate to the teachers' salaries
and benefits.
The current agreement with CSUSA will expire on June 30, 2018. Staff is in the process of
bringing a proposed agreement forward for Commission approval. The agreement provides
for five (5) years through June 30, 2023 with an additional renewal term of up to five (5)
years upon agreement of both parties.
School Advisory Committee ("SAC")
The Charter School Advisory Committee was established to facilitate the achievement of
the School's mission; for its members to serve on the Educational Excellence School
Advisory Council ("EESAC") and to provide input to the City Manager and Principal
regarding fundraising efforts, school budget and school issues. Members of SAC will be
responsible for developing and implementing the School's fundraising projects. This is a
working Committee as it relates to school fundraising efforts.
The Board consists of five (5) members, each of whom are parents of the School's children,
elected by the parents of school children. The representatives will be as follows:
• Kindergarten to Fourth grade — 2 representatives
• Fifth grade to Eighth grade — 2 representatives
• At large Kindergarten to Eighth grade — 1 representative
2
Budget Process and Procedures
Budget Preparation/Development
January: Meetings are held with the City Manager, Principal and school staff to
develop Goals and to discuss issues that may impact the budget for the
upcoming school year
February: The following steps are taken to prepare preliminary revenue projections and
forecasts developed by the Finance Department for the City Manager's
review:
• Forecast student enrollment.
• The State's Florida Education Finance Program ("FEFP") per student
allocation is projected by the State and provided to the School.
• Capital Outlay funding is determined by the State based on available
funding.
March: The following steps are taken to forecast the School's personnel needs that
are developed from input from the Principal and staff:
• Review existing staffing requirements to ensure adequate coverage for
student needs and new programs.
• Review the current salary structure to ensure competitiveness within
the School District.
• Obtain benefit calculations such Pension; Health, Life and Disability
Insurance; Dental Insurance and Workers' Compensation from
CSUSA for each qualifying employee.
April: Individual expenditure line items are developed by the Finance Department
based on input from the Principal and through analysis of historical data. A
draft of the budget document is prepared by the Finance Department which
will be is reviewed by the City Manager and the Principal.
April/May: The budget is reviewed by the School Advisory Committee. The City Manager
submits the proposed budget to the City Commission (for adoption) who acts
as the School's Board of Directors.
June: The adopted budget is loaded into the accounting system.
July 1. The adopted budget becomes effective.
Budget Adoption
The Charter School budget is approved via Ordinance at two (2) City Commission public
meetings scheduled for April 19, 2018 and May 1, 2018, respectively. The adopted budget
is integrated into the accounting software system effective July 1, 2018.
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
3
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 expenditures 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 one (1) 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 of the School's authorized budgeted
positions. 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 City's Charter School Fund Budget, 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 principle 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 ("ARB"s).
During June 1999, the Government Accounting Standards Board ("GASB") issued
Statement No. 34. This statement established new accounting and financial reporting
4
standards for state and local governments. The Charter School Fund implemented the new
financial reporting requirements of GASB 34.
Financial Policies
The School's financial policies, as outlined below, set forth the basic framework for its
overall fiscal management. Operating independently of changing circumstances and
conditions, these policies assist the decision-making process of the City Manager and the
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 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. At a minimum, the School will maintain an accessible cash reserve equivalent to four
(4) 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 expenditures or revenues at
the same time. This applies to personnel, equipment and any other peripheral
expenditures associated with the service.
3. The School shall continue to support a scheduled level of maintenance and
replacement of its infrastructure.
4. The School shall support capital expenditures that reduce future operating costs.
Capital Budget Policies
1. The School will develop a multi-year capital improvement plan that is updated
annually.
2. The 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 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 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
School.
4. The School will use the following criterion to evaluate the relative merit of each
capital project. Capital expenditures will foster the 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.
5
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.
3. The School will annually review fees/charges 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. All cash received by the School's Business Manager is secured at the School until it
is remitted (at least weekly) to the City's Customer Service Representative II who
prepares it for prompt deposit by armored courier.
2. Investment of School funds will emphasize safety of capital, liquidity of funds and
investment income.
3. The School will aggressively seek the collection of revenues, including any past due
amounts owed.
Reserve Policies
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 School will produce annual financial reports in accordance with Generally
Accepted Accounting Principles ("GAAP") as outlined by the Governmental
Accounting Standards Board ("GASB").
3. In accordance with Chapter 10.850, Rules of the Auditor General of the State of
Florida, the School is required to prepare special purpose financial statements.
Section 10.855(4) states that the special purpose financial statements should
present the charter school's financial position including the charter school's current
and capital assets and current and long-term liabilities, and net position; and the
changes in financial position.
Philosophy and Essential Elements
The School's 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.
o: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
6
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
The School implements the Florida Standards with fidelity and its goals for student learning
are integrated across all academic 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.
Classroom teachers utilize technology daily to reinforce instruction and offer opportunities
for independent practice. The students have access to a multitude of online resources and
individualized instructional programs at home and at the School. Students in kindergarten
through fifth grade utilize the School's 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."
The School 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 School's ELL
Coordinator collaborates with classroom teachers related to instructional modifications that
aide in content comprehension.
Exceptional Education ("ESE") students are serviced within the general classroom, reducing
social stigmas and enhancing the continuity of instruction. The ESE teacher collaborates
7
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. The
School's 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.
The School is focused on meeting the needs of all students. To this end, the School 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 four and five 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.
A science lab program provides students with hands-on application of core curriculum.
Students in fifth grade experiment in the science lab two (2) 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. Students are exposed to eco-literacy through
participation in our outdoor garden project.
The School's 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.
The School's middle school program offers academic rigor in conjunction with an
extraordinary selection of extracurricular activities and elective programs. 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, Digital Communications, 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. The School also participates in the Independent
8
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, STEAM, media, Spanish and music. Each Friday,
Elementary students participate in a club. Clubs vary from year-to-year based on student
interest and currently include the following; Student Police Academy, Silly Science, STEAM,
Baton, Board Games, Disco Dance, Scrapbooking, Contemporary Dance, Hip Hop Dance,
Middle Eastern Dance, Readers Theater, Yoga, Soccer, Basketball and Young Writers and
Illustrators.
Performance Criteria Matrix
ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL
PERFORMANCE CRITERIA 2012/13 2013/14 2014/15 2015/16 2016/17
The State of Florida A+ Plan Grade shall be no lower than a"B". A A A A A
Percent of parents that completed all 20 required volunteer
hours by the end of the year. 100% 100% 100% 100% 100%
Number of students enrolled shall be 95% of the number
allowed by the School Charter. 100% 100% 100% 100% 100%
The year-to-year retention rate shall be 90%. 98% 98% 98% 98% 98%
The percentage of parents who on the Parent Survey agree or
strongly agree to the statement that"I would recommend the
Charter School to a friend"is 90% 99% 99% 99% 99% 99%
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 All in All in All in All in All in
of non-compliance, nor any material weaknesses. Compliance Compliance Compliance Compliance Compliance
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 All in All in All in All in All in
through eighth. Compliance Compliance Compliance Compliance Compliance
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"). N/A N/A 86% 82% 84%
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 FSA. N/A N/A 89% 88% 88%
All Students will achieve high science standards as measured
by Sunshine State Standards Performance Standards. 1 85% 78% 88% 86% 78%
9
Budget Preparation Calendar
FISCAL YEAR 2018/2019
TIMEFRAME RESPONSIBILITY ACTION REQUIRED
January Principal & School Staff Meetings are held to develop Goals
City Manager and to discuss issues that may
impact the upcoming school budget.
February Finance Department Preliminary revenue projections and forecasts
City Manager are developed.
March Principal & School Staff Personnel needs are developed and
Finance Department forecasted based on input from
the Principal and School Staff.
April Principal Individual expenditure line items are
Finance Department developed based on input from the
Principal and the analysis of
historical data.
Finance Department A draft of the budget document is
City Manager prepared by the Finance
Principal Department which will be reviewed
by the City Manager and the
Principal.
April 16 School Advisory Committee The budget is reviewed by the
School Advisory Committee.
April 19 City Manager The City Manager submits the budget to
City Commission the City Commission who acts as
(the School's Board of Directors) the School's Board of Directors on
1St Reading.
May 1 City Manager The City Manager submits the budget to
Finance Department the City Commission who acts as
(the School's Board of Directors) the School's Board of Directors on
2nd Reading.
June 1 Finance Department The adopted budget is loaded into the
accounting system.
July 1 School Department The adopted budget becomes effective.
10
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
OPERATING AND CAPITAL BUDGET
FISCAL YEAR 2018/2019
F F
C11LFNCE SC0Z\-
DEPARTMENT DESCRIPTION
SUMMARY OF FUND
11
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
OPERATING AND CAPITAL BUDGET
FISCAL YEAR 2018/2019
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 management services
contract with Charter Schools USA.
Budget Category Summary
2016/17 2017/18 2017/18 2018/19
ACTUAL APPROVED HALF YEAR CITY MANAGER
CATEGORY BUDGET ACTUAL PROPOSAL
REVENUE PROJECTIONS
State Shared Revenues $ 7,949,911 $ 7,980,879 $ 3,910,374 $ 7,954,450
Local Capital Improvement Revenue - - - 297,000
Charges for Services 522,858 500,000 241,032 500,000
Miscellaneous Income 551,233 623,000 272,303 601,000
Other Non-Revenues 100,000 378,750 328,750 378,750
Total Revenues $ 9,124,002 $ 9,482,629 $ 4,752,459 $ 9,731,200
EXPENDITURES
K-3 Basic 5101 $ 2,232,292 $ 2,373,717 $ 1,034,968 $ 2,385,882
4-8 Basic 5102 2,495,153 2,951,999 1,296,126 3,088,951
Exceptional Student Program 5250 227,024 253,886 108,263 246,760
Substitute Teachers 5901 325,550 108,824 106,711 131,596
Instructional Media Services 6200 78,844 72,892 37,296 77,957
School Administration 7300 1,069,200 1,069,770 540,031 1,118,784
Pupil Transit Services 7800 191,240 195,000 89,640 205,200
Operation of Plant 7900 1,817,439 1,953,541 877,136 1,954,570
Child Care Supervision 9102 133,669 150,000 61,314 150,000
Capital Outlay 7400 243,755 353,000 326,592 371,500
Total Expenditures $ 8,814,166 $ 9,482,629 $ 4,478,077 $ 9,731,200
Revenues over/(under)Expenditures $ 309,836 $ - $ 274,382 $ -
Budget Account Summary by Expenditure Function
2016/17 2017/18 2017/18 2018/19
ACTUAL APPROVED HALF YEAR CITY MANAGER
CATEGORY RECAP BUDGET ACTUAL PROPOSAL
Personnel Services $ 5,723,487 $ 6,028,394 $ 2,654,321 $ 6,245,548
Operating Expenditures 2,385,557 2,567,235 1,268,875 2,579,152
Other Uses 461,367 534,000 228,289 535,000
Capital Outlay 243,755 353,000 326,592 371,500
Total $ 8,814,166 $ 9,482,629 $ 4,478,077 $ 9,731,200
12
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
OPERATING AND CAPITAL BUDGET
FISCAL YEAR 2018/2019
i vii
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(11LE CE SC0Z\-
REVENUE PROJECTION
RATIONALE
13
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND 190
REVENUE PROJECTIONS
2018/19
SCHOOL 2016/17 2017/18 2017/18 2018/19
REVENUE ACTUAL APPROVED HALF YEAR CITY MANAGER
ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
State Shared Revenues:
3359050 3261 School Lunch Reimbursement $ 102,056 $ 90,000 $ 32,075 $ 100,000
3359100 3310 Florida Education Finance Program 7,173,736 7,171,479 3,575,448 7,272,000
3359201 3361 A+Revenues 101,807 98,400 101,605 100,000
3359301 3363 Best&Brightest 47,719 - - -
3359701 3495 E-Rate Program 12,454 5,000 6,514 57,450
3359800 3354 Transportation 116,561 131,000 62,286 125,000
3359910 3391 Capital Outlay 395,578 485,000 132,446 300,000
Subtotal $ 7,949,911 $ 7,980,879 $ 3,910,374 $ 7,954,450
Local Capital Improvement Revenue
3359910 3391 Local Capital Improvement Revenue $ $ $ $ 297,000
Subtotal $ - $ - $ - $ 297,000
Charges for Services:
3478050 3450 Food Service Fees $ 177,582 $ 185,000 $ 80,635 $ 180,000
3479050 3473 After School Programs 345,276 315,000 160,397 320,000
Subtotal $ 522,858 $ 500,000 $ 241,032 $ 500,000
Miscellaneous Income:
3611000 3431 Interest Earnings $ 15,281 $ 9,000 $ 6,570 $ 14,000
3661900 3495 Miscellaneous Revenues 170,102 230,000 89,253 210,000
3661910 3495 Sport Program Fundraising 7,557 9,000 2,000 9,000
3661955 3467 Field Trips/Special Programs 160,054 175,000 78,539 170,000
3665000 3469 Other Private Source Revenue 198,239 200,000 95,941 198,000
Subtotal $ 551,233 $ 623,000 $ 272,303 $ 601,000
Other Non-Revenues:
3811039 3610 Transfers In $ 100,000 $ 100,000 $ 50,000 $ 100,000
3999000 3489 Carryover - 278,750 278,750 278,750
Subtotal $ 100,000 $ 378,750 $ 328,750 $ 378,750
Total Revenues $ 9,124,002 $ 9,482,629 $ 4,752,459 $ 9,731,200
Revenues
The revenues available for allocation in the 2018/19 proposed budget are anticipated to be
$9,731,200. This is an increase of $248,571 or 2.62% compared to the prior year resulting
primarily from:
• A projected increase of approximately $100,000 (1.00%) in FTE funding; and
• A projected increase of approximately $112,000 (23.09%) in total capital outlay-
related funding due to the new Local Capital Improvement Revenue Funding Source
14
Revenue Projection Rationale
FISCAL YEAR 2018/2019
State Shared Revenues — totals $7,954,450 and is based on multiple revenue categories
primarily comprised of the following:
School Lunch Reimbursement revenues — estimated to be $100,000.
School Lunch Reimbursement
$125,000
$100,000
$75,000
$50,000
$25,000
ii
�oy�\tih �(y- 10
Florida Education Finance Program revenues — is projected to approximate $7,272,000 and
is based on $7,130 per student after the deductions for the transportation reimbursement
component. The revenues for next year have been budgeted to increase by 1.00% based
on the anticipated actions taken by the State Legislature.
Florida Education
Finance Program
$7,500 -
$7,000
0
� $6,500
$6,000
Transportation reimbursement revenue — is projected to approximate $125,000 and is
based on 400 students requiring bus service.
Transportation
$150,000
$125,000
$100,000
$75,000
$50,000
$25,000 nil i-
by tib til ti� ti�
Io,,p\ o,c?\
15
Capital Outlay revenue is projected to approximate $300,000 in 2018/19.
Local Capital Improvement Revenue (New) — Passed by the Florida Legislature in 2017, HB
7069 requires school districts to give a proportionate share of local capital millage revenue
to eligible charter schools operating in their county, with their share determined by the
number of students each school enrolls. The law was subject to challenge by fourteen
school districts in the courts, and was recently upheld by a circuit court in Tallahassee.
Previously unbudgeted, $296,603 was received for 2017/18, and based on estimates
provided by the Miami-Dade County School Board, $297,000 is being budgeted for
2018/19.
Charges for Services — totals $500,000 is based on two (2) revenue categories comprised
of the following:
• Food Service Fees — estimated to be is $180,000.
• After School Programs — includes revenues derived from fees charged for After
School Child Care and is estimated to be $320,000.
Miscellaneous Income — totals $601,000 and is based on multiple revenue categories
comprised of the following:
• Interest Earnings of$14,000.
• Miscellaneous Revenues of $210,000 (i.e., Bazaar, Book Fair, Dress Down, NSF
Checks, TAW Deposits, Upstanders MIS, Vending Revenue and W/T Booster
Fundraiser).
• Sport Program Fundraising of$9,000.
• Field Trips/Special Programs of$170,000.
• Other Private Source Revenue of $198,000 which is primarily derived from a
revenue sharing agreement with Clear Channel for two (2) leases that generate
billboard advertising revenue.
Other Non-Revenues —totals $378,750 and is based on the following revenue categories:
• Includes a $100,000 transfer from the City's General Fund for revenues generated
from the City's Intersection Safety Camera Program.
• Carryover which includes and allocation of fund balance of $278,750 from the
accumulation of prior year surpluses.
16
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
OPERATING AND CAPITAL BUDGET
FISCAL YEAR 2018/2019
i vii
- i
C11LFNCE SC0Z\-
BUDGETARY ACCOUNT SUMMARY
BY
EXPENDITURE FUNCTION
17
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6001-569
K-3 Basic 6101
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Personnel Services
1220 120 Teacher(31) $ 1,514,368 $ 1,512,873 $ 633,783 $ 1,536,688
1230 130 Other Certified Instruction 149,632 190,913 71,653 197,825
Reading Specialist
Instructional Counselor
Assistant Principal
1250 150 Kindergarten Aides(PFF)7 66,197 103,393 54,470 111,188
Administrative Assistant
1502 291 Bonuses 45,916 48,000 - 48,000
1503 291 Stipends 30,466 34,558 5,639 37,558
2101 221 Social Security-matching 127,528 138,249 55,296 141,196
2201 211 Pension 13,736 13,055 6,574 19,138
2301 231 Health,Life&Disability Insurance 171,215 159,169 86,475 131,618
2302 232 Dental Insurance 15,204 20,752 12,545 15,300
2401 241 Workers'Compensation 13,125 28,915 5,918 29,531
2501 250 Unemployment Compensation 3,030 5,000 914 4,000
Subtotal $ 2,160,417 $ 2,264,877 $ 933,267 $ 2,272,042
Operating Expenditures
4001 330 Travel/ConferencesfFraining $ 4,263 $ 4,000 $ 2,050 $ 4,000
4101 370 Communication Services 840 840 420 840
5290 590 Other Mat'I&Supply 30,081 38,000 28,164 35,000
5299 790 Miscellaneous Expense 33 4,500 1,623 2,500
5410 521 Memberships/Dues/Subscription 1,194 1,500 - 1,500
5411 520 Textbooks 45,464 70,000 69,444 70,000
Subtotal $ 81,876 $ 118,840 $ 101,701 $ 113,840
Total Function 6101 $ 2,232,292 $ 2,373,717 $ 1,034,968 $ 2,386,882
18
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6002569
4-8 Basic 5102
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
�ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Personnel Services
1220 120 Teacher(42) $ 1,798,126 $ 2,054,494 $ 897,316 $ 2,105,696
1230 130 Other Certified Instruction 92,206 92,995 45,461 149,969
Assistant Principal
Math Coach
1250 150 Comm Spec/Instructional Asst. (3,678) 27,040 2,298 14,674
1502 291 Bonuses 80,215 60,000 - 60,000
1503 291 Stipends 85,615 91,868 15,109 91,868
2101 221 Social Security-matching 148,116 166,351 69,373 173,681
2201 211 Pension 16,998 16,309 8,138 22,763
2301 231 Health,Life& Disability Insurance 124,987 173,558 97,641 227,005
2302 232 Dental Insurance 13,319 26,752 16,172 21,204
2401 241 Workers'Compensation 15,502 34,792 8,209 36,251
2501 250 Unemployment Compensation 3,085 5,000 365 3,500
Subtotal $ 2,374,491 $ 2,749,159 $ 1,160,082 $ 2,906,611
Operating Expenditures
4001 330 Travel/Conferences/Training $ 8,860 $ 6,000 $ 40 $ 7,000
4101 370 Communication Services 840 840 420 840
5290 590 Other Mat'I&Supply 55,131 68,000 41,799 60,000
5299 790 Miscellaneous Expense - 3,000 - 1,500
5410 521 Memberships/Dues/Subscription 299 - - -
5411 520 Textbooks 41,478 103,000 86,817 95,000
5901 791 Athletic Activities 14,054 22,000 6,968 18,000
Subtotal $ 120,662 $ 202,840 $ 136,044 $ 182,340
Total Function 5102 $ 2,495,153 $ 2,951,999 $ 1,296,126 $ 3,088,951
19
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6003-569
Exceptional Student Program 5250
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
�ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Personnel Services
1220 120 Teacher(2) $ 146,306 $ 91,424 $ 45,148 $ 93,647
1230 130 Other Certified Instruction (3,088) 66,091 24,969 68,734
Dean of Student Services
1502 291 Bonuses 3,405 5,000 5,172 5,000
2101 221 Social Security-matching 10,852 12,050 72 12,422
2201 211 Pension 181 1,181 8,045 1,218
2301 231 Health,Life& Disability Insurance 3,817 13,308 1,088 4,805
2302 232 Dental Insurance 664 1,800 584 336
2401 241 Workers'Compensation 992 2,520 - 2,598
2501 250 Unemployment Compensation 220 - - -
Subtotal $ 163,349 $ 193,374 $ 85,078 $ 188,760
Operating Expenditures
3190 310 Prof&Tech Services-SPED $ 57,747 $ 51,000 $ 18,590 $ 51,000
4001 330 Travel/ConferencesfFraining 2,456 1,012 - 1,000
5290 590 Other Mat'I&Supply 3,442 6,000 4,408 5,000
5299 790 Miscellaneous Expense 30 1,500 187 1,000
5410 521 Memberships/Dues/Subscri tion - 1,000 - -
Subtotal $ 63,675 $ 60,512 $ 23,185 $ 58,000
Total Fu $ 227,024 $ 253,886 $ 108,263 $ 246,760
20
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6004569
Substitute Teachers 5901
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
�ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Personnel Services
1220 120 Pool Sub $ 28,855 $ 30,042 $ 13,089 $ 30,943
1225 140 Teacher-PFF 249,230 65,000 82,688 84,000
1502 291 Bonuses 1,135 500 - 500
2101 221 Social Security-matching 21,245 5,817 7,287 8,793
2201 211 Pension - 225 - 232
2301 231 Health,Life&Disability Insurance 21,394 4,423 2,674 4,289
2302 232 Dental Insurance 1,387 600 363 -
2401 241 Workers'Compensation 992 1,217 283 1,839
2501 250 Unemployment Compensation 1,312 1,000 327 1,000
Total Function 5901 $ 325,550 $ 108,824 $ 106,711 $ 131,596
21
CITY OF"ENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6005569
Instructional Media Services 6200
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
�ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Personnel Services
1230 130 Media Specialist $ 57,079 $ 56,803 $ 31,146 $ 65,735
1502 291 Bonuses 1,419 2,500 - 2,500
1503 291 Stipend 2,566 - - -
2101 221 Social Security-matching 4,215 4,345 2,144 5,029
2201 211 Pension - 355 313 383
2301 231 Health, Life & Disability Insurance 8,804 4,380 2,648 258
2302 232 Dental Insurance 453 600 363 -
2401 241 Workers'Compensation 331 909 211 1,052
2501 250 Unemployment Compensation 130 - 49 -
Subtotal $ 74,997 $ 69,892 $ 36,874 $ 74,957
Operating Expenditures
5411 520 Textbooks $ 3,847 $ 3,000 $ 422 $ 3,000
Subtotal $ 3,847 $ 3,000 $ 422 $ 3,000
Total Function 6200 $ 78,844 $ 72,892 $ 37,296 $ 77,957
22
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6006569
School Administration 7300
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
IACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Personnel Services
1211 110 Administrators $ 223,935 $ 215,919 $ 109,757 $ 223,380
Principal
Dean
1260 160 Other Support Personnel 267,323 267,807 153,436 275,425
Receptionist(2)
Administrative Secretary
Registrar/Compliance/ESE Support
Business Manager
Network/Computer Tech
1502 291 Bonuses 4,539 6,500 900 6,500
1503 291 Stipends 3,700 - - -
2101 221 Social Security-matching 33,227 37,005 18,228 38,159
2201 211 Pension 23,426 25,296 12,122 25,196
2301 231 Health,Life& Disability Insurance 31,780 41,803 9,317 42,122
2302 232 Dental Insurance 1,305 4,700 2,841 2,181
2401 241 Workers'Compensation 6,962 7,740 2,045 7,981
2501 251 Unemployment Compensation 498 2,000 828 1,000
Subtotal $ 596,695 $ 608,770 $ 309,474 $ 621,944
Operating Expenditures
3114 750 After School Programs $ 153,817 $ 115,000 $ 74,648 $ 150,000
4001 330 Travel/ConferencesfFraining 15,170 10,000 6,228 12,000
4041 201 Automobile Allowance 5,400 5,400 2,700 5,400
4101 370 Communication Services 600 600 510 1,440
4855 790 Field Trips/School Events 141,479 162,000 82,437 162,000
4856 790 Special Events 134,561 140,000 53,384 140,000
5290 590 Other Mat'I&Supply 18,999 25,000 9,700 23,000
5410 521 Membershi s/Dues/Subscri tion 2,479 3,000 950 3,000
$ 472,505 $ 461,000 $ 230,557 $ 496,840
Total Function 7300 $ 1,069,200 $ 1,069,770 $ 540,031 $ 1,118,784
23
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6007-569
Pupil Transit Services 7800
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
�ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Operating Expenditures
3190 310 Prof&Tech Services $ 191,240 $ 195,000 $ 89,640 $ 205,200
Total Function 7800 $ 191,240 $ 196,000 $ 89,640 $ 206,200
24
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6008-569
Operation of Plant 7900
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
IACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Personnel Services
1260 160 Other Support Personnel $ 29,039 $ 34,403 $ 18,649 $ 30,495
Janitor
2101 221 Social Security-matching 2,572 2,632 1,427 2,333
2201 211 Pension 4,481 4,816 1,407 4,269
2301 231 Health,Life& Disability Insurance 569 647 391 11,196
2302 232 Dental Insurance - - - 345
2401 241 Workers'Com ensation 1,327 1,000 961 1,000
Subtotal $ 37,988 $ 43,498 $ 22,835 $ 49,638
Operating Expenditures
3148 312 Planning/Management Fee CSUSA $ 300,000 $ 306,000 $ 153,000 $ 306,000
3149 310 MDCSB Administrative Fee 145,145 144,743 71,805 147,274
3201 312 Accounting &Auditing Fees 10,000 11,300 11,400 11,800
3431 310 Contract-Food Services 285,606 275,000 116,854 280,000
4101 370 Communication Services 75,455 75,000 42,520 78,000
4301 430 Electricity 124,426 130,000 65,498 130,000
4320 380 Pub Ut Svc Other Energy Sv-Water 32,797 24,000 13,172 32,000
4440 360 Office Equip-Leasing Expense 36,595 38,000 12,785 38,000
4501 320 Insurance&Bond Premium 4,971 35,000 15,068 38,200
4620 350 Contract-Building Maintenance 160,869 197,000 63,676 188,658
4635 350 Repairs&Maintenance 118,260 90,000 53,028 95,000
5120 510 Computer Supplies/Software 20,591 40,000 6,868 20,000
5290 590 Other Mat'I&Supply 3,369 10,000 338 5,000
Subtotal $ 1,318,084 $ 1,376,043 $ 626,012 $ 1,369,932
Other Uses
5901 790 Contingency $ 11,367 $ 85,000 $ - $ 85,000
5905 790 AACC Expenses 6,000 5,000 6,289 6,000
9129 921 Lease Payments to City Debt Service Ful 444,000 444,000 222,000 444,000
Subtotal $ 461,367 $ 534,000 $ 228,289 $ 535,000
Total Function 7900 $ 1,817,439 $ 1,953,541 $ 877,136 $ 1,954,570
25
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6009569
Child Care Supervision 9102
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
�ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Operating Expenditures
3113 310 Contract-Recreation Programs $ 100,442 $ 114,000 $ 45,526 $ 114,000
3201 312 Accounting &Auditing Fees 1,000 - - -
4301 430 Electricity 10,000 10,000 5,000 10,000
4501 320 Insurance&Bond Premium 3,000 3,000 1,500 3,000
4620 350 Contract-Building Maintenance 9,000 9,000 4,755 9,000
4635 350 Repairs& Maintenance 8,500 8,500 4,250 8,500
5290 590 Other Mat'I&Supply 1,727 5,500 283 5,500
Total Function 9102 $ 133,669 $ 150,000 $ 61,314 $ 150,000
26
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
CHARTER SCHOOL FUND
2018/19
BUDGETARY ACCOUNT SUMMARY
190-6010-569
Capital Outlay 7400
SCHOOL 2016/17 2017/18 2017/18 2018/19
OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER
�ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Capital Outlay
6401 692 Computer Equipment>5000 $ 55,444 $ 102,000 $ 6,677 $ 110,000
6402 643 Computer Equipment<5000 161,509 237,000 202,924 261,500
6410 640 Furniture, Fixture&Equipment 26,802 14,000 116,991 -
Total Function 7400 $ 243,755 $ 353,000 $ 326,592 $ 371,500
Computer Equipment>5000
Replace Network Infrastructure $ 45,000
Replace AV Equipment and Smartboards 65,000
K Sub t $ 110,000
Computer Equipment<5000
Replace Laptop(s)/Computer(s) $ 150,000
Tablet Computer(s) 77,500
Mobile Learning Computer Labs 21,000
Desktop for Multimedia Classroom 12,000
Replace Desktop Scanner 1,000
$ 261,500
27
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28
CITY OF AVENTURA
AVENTURA CITY OF EXCELLENCE SCHOOL
OPERATING AND CAPITAL BUDGET
FISCAL YEAR 2018/2019
i vii
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(11LE CE SC0Z\-
ADOPTING ORDINANCE
29
ORDINANCE NO. 2018-
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 2018/2019 (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 2018/2019 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
30
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.
Section 7. Encumbrances. All outstanding encumbrances at June 30, 2018 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 2018/2019 fiscal year.
31
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. 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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
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
32
Commissioner Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED on first reading this 19th day of April, 2018.
PASSED AND ADOPTED on second reading this 1St day of May, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
33
AINTURA (111 \-
AVENTURA CITY OF EXCELLENCE SCHOOL
3333 NE 188TH Street
Aventura, Florida 33180
Telephone: (305) 466-1499
Fax: (305) 466-1339
Website: www.aventuracharter.org
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission if
FROM: Susan Grant, City Manager ;
BY: Brian K. Raducci, Finance Director
DATE: April 13, 2018
SUBJECT: Ordinance Amending 2017/18 Charter School Fund Budget
1•` Reading April 19, 2018 City Commission Meeting Agenda Item <354-
2nd Reading May 1, 2018 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
the 2017/18 Charter School Fund Budget. The total amount of the amendment is
$318,090.
BACKGROUND
The attached document has been prepared to:
• Recognize unanticipated revenues and expenditures in the amount of $123,200
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 801h
percentile.
• Provide funding in the amount of $194,890 to re-roof the Elementary School
Wing to Garland/DBS Incorporated through a US Communities Cooperative
Agreement that was previously approved by the City Commission on November
7, 2017 (Resolution No. 2017-63).
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-05, WHICH
ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND
CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE
SCHOOL FOR FISCAL YEAR 2017/2018 (JULY 1 — JUNE 30) BY
REVISING THE 2017/2018 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 2017/2018 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. 2017-05, which Ordinance adopted a budget for the 2017/2018 fiscal
year for the Aventura City of Excellence School by revising the 2017/2018 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. 2018-
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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
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 Marc Narotsky _
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
Mayor Enid Weisman
Page 2 of 3
City of Aventura Ordinance No. 2018-
PASSED on first reading this 19th day of April, 2018.
PASSED AND ADOPTED on second reading this 1st day of May, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
Exhibit A
FY 2017/18 Budget Amendments
CHARTER SCHOOL FUND (190)
SCHOOL 2017/18 2017/18 2017/18
OBJECT REVENUE/OBJECT ADOPTED AMENDED REVISED
CODE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET
Revenues
State Shared Revenues:
3359301 3363 Best&Brightest - S 123,200 $ 123,200
SUBTOTAL S - $ 123,200 $ 123,200
Other Non-Revenues:
3999000 3489 Carryover $ 278,750 $ 194,890 $ 473,640
SUBTOTAL $ 278,750 $ 194,890 $ 473,640
Total Amendments-Revenues $ 318,090
Expenditures
Personnel Services-K-3 Basic 5101
1502 291 Bonuses $ 48,000 $ 46,000 $ 94,000
SUBTOTAL $ 48,000 $ 46,000 $ 94,000
Personnel Services-4-8 Basic 5102
1502 291 Bonuses $ 60,000 $ 72,000 $ 132,000
SUBTOTAL $ 60,000 $ 72,000 $ 132,000
Personnel Services-School Administration 7300
1502 291 Bonuses $ 6,500 $ 5,200 $ 11,700
SUBTOTAL $ 6,500 $ 5,200 $ 11,700
Capital Outlay
6410 640 Furniture,Fixture&Equipment $ - $ 194,890 $ 194,890
SUBTOTAL $ - $ 194,890 $ 194,890
Total Amendments-Expenditures $ 318,090
Page 1 of 1
ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET
FUND 191 FOR FISCAL YEAR 2018/2019 (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 2018/2019 Operating Budget for the Aventura Charter High
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 Aventura Charter High School Fund 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. 2018-
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 Aventura Charter
High 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, 2018 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 2018/2019 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. 2018-_
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any pad.
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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley _
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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
Mayor Enid Weisman _
Page 3 of 4
City of Aventura Ordinance No.2018-
PASSED AND ADOPTED on first reading this 19th day of April, 2018.
PASSED AND ADOPTED on second reading this 1st day of May, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 4 of 4
City of Aventura
Aventura Charter High School
Fund Budget
fIr_I ��rff
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IIII
FISCAL YEAR 2018/2019
1
CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL
FUND BUDGET
FISCAL YEAR 2018/2019
momn
.m ..
City Commission
Mayor Enid Weisman
Commissioner Dr. Linda Marks
Commissioner Denise Landman
Commissioner Gladys Mezrahi
Commissioner Marc Narotsky
Commissioner Robert Shelley
Commissioner Howard Weinberg
City Manager
Susan L. Grant
Professional Consulting Services Provided by:
CIVICS Consulting Services, LLC.
Planning Services Provided by:
Charter Schools USA
r N r I
r rr
r ' ■r
r
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CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL
FUND BUDGET
FISCAL YEAR 2018/2019
TABLE OF CONTENTS
City Manager's Budget Message.......................................................................................................i
Memorandum from CMCS Consulting Services, LLC......................................................................ii
DEPARTMENT DESCRIPTION & SUMMARY OF FUND...............................................................1
REVENUE PROJECTIONS .............................................................................................................3
BUDGETARY ACCOUNT SUMMARY BY EXPENDITURE FUNCTION........................................5
AdoptingOrdinance.................................................................................................................... 7-11
THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK
City ®f
Aventura
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
Office of the City Manager
April 13, 2018
The Honorable Mayor and City Commission
City of Aventura
Aventura, Florida 33180
RE: 2018/19 Aventura Charter High School Fund Budget Message
Members of the City Commission:
In accordance with Article IV, Section 4 05 of the City of Aventura Charter, I hereby submit the
proposed operating budget for the Aventura Charter High School Fund for the July 1, 2018 —
June 30, 2019 fiscal year for your review and consideration.
This budget continues the start-up process that began last year and was prepared in
collaboration by our Professional Consulting Services Provider — CMCS Consulting Services,
LLC., and our Planning Services Provider - Charter Schools USA ("CSUSA").
As explained on the following memorandum from CMCS Consulting Services, LLC the budget
totals $395,875, and will be funded through an advance from the General Fund and a Federal
start-up grant to support the following start-up costs:
• CSUSA salaries and benefits for the Principal, Enrollment Manager and Guidance
Counselor for ten (10) months to allow the lottery process to begin in October and starting
the Principal in accordance with the timeframe previously established by the City
Commission.
• The Consulting and Planning Agreements with CMCS Consulting Services, LLC and
CSUSA, respectively.
• Anticipated equipment and supplies.
This budget will be reviewed at the April 19, 2018 Commission Meeting, and representatives
from both CMCS Consulting Services, LLC and CSUSA will be available to answer any
questions you may have. If you have any questions beforehand, please feel free to contact me.
Respectfully submitted,
Susan L. Gran
City Manager
i
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CIVICS Consulting Services
MEMORANDUM
TO: Susan Grant, City Manager
FROM: Eric M. Soroka, CIVICS Consulting Services
DATE: April 4, 2018
SUBJECT: Proposed 2018/19 Aventura Charter High School Fund Budget
Attached is the proposed 2018/19 Budget, effective July 1 , 2018 for the Aventura
Charter High School Fund Budget (Fund 191). The budget continues the start-up
process and was prepared based on information and input provided by Charter
Schools USA ("CSUSA"). The budget amount is $395,875, which is funded from
an advance from the General Fund and Federal start-up grants. The funds will
be used to support the following start-up costs:
• CSUSA salaries and benefits for the Principal, Enrollment Manager and
Guidance Counselor for ten months. This coincides with holding the
lottery process in October and starting the Principal in accordance with the
timeline direction previously provided by the City Commission.
• The Planning Agreement with CSUSA and Consulting Agreement for
CIVICS Consulting Services.
• Anticipated equipment and supplies.
As per our discussions, I understand this item will be presented to the City
Commission at the April 19, 2018 Commission Meeting. Both a representative
from CSUSA and I will be available at the meeting to answer any questions.
If you have any questions, please feel free to contact me.
Attachments
ii
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CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL
FUND BUDGET
FISCAL YEAR 2018/2019
...ft ■%
DEPARTMENT DESCRIPTION
SUMMARY OF FUND
1
CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL
FUND BUDGET
FISCAL YEAR 2018/2019
DEPARTMENT DESCRIPTION
This fund will initially be used to account for start-up expenditures specifically associated with
the Aventura Charter High School. In the future, the fund will account for both operating and
capital revenues, expenditures and lease payments.
Budget Category Summary
2017/18 2017/18 2018/19
APPROVED HALF YEAR CITY MANAGER
CATEGORY BUDGET ACTUAL PROPOSAL
REVENUE PROJECTIONS
State Shared Revenues $ - $ - $ 25,000
Other Non-Revenues 110,000 57,500 370,875
Total Revenues $ 110,000 $ 57,500 $ 395,875
EXPENDITURES
Educational Programs $ 110,000 $ 57,500 $ 395,875
Total Expenditures $ 110,000 $ 57,500 $ 395,875
Revenues over/(under) Expenditures $ - $ - $ -
2
CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL
FUND BUDGET
FISCAL YEAR 2018/2019
..ilk i..
REVENUE PROJECTIONS
3
CITY OF AVENTUM
AVENTURA CHARTER HIGH SCHOOL FUND 191
REVENUE PROJECTIONS
2018119
SCHOOL 2017118 2017118 2018119
REVENUE APPROVED HALF YEAR CITY MANAGER
ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
State Shared Revenues:
Start-up Grant $ $ - $ 25,000
Wubtotal $ - $ - $ 25,000
Other Non-Revenues:
Advance from General Fund $ 110,000 $ 57,500 $ 370,875
Subtotal $ 110,000 $ 57,500 $ 370,875
Total Revenues $ 110,000 $ 57,500 $ 395,875
4
CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL
FUND BUDGET
FISCAL YEAR 2018/2019
BUDGETARY ACCOUNT SUMMARY
BY
EXPENDITURE FUNCTION
5
CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL FUND 191
2018/19
BUDGETARY ACCOUNT SUMMARY
SCHOOL 2017/18 2017/18 2018/19
OBJECT APPROVED HALF YEAR CITY MANAGER
ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL
Operating Expenditures/Expenses
Administrative Salaries $ - $ - $ 170,835
Principal
Enrollment Manager
Guidance Counselor
Fringe Benefits - - 49,540
Planning Services Fee CSUSA 95,000 57,500 75,000
CIVICS Consulting Services - - 78,000
Other Mat'I& Supply 15,000 - 15,000
Computers & Equipment - - 7,500
Total $ 110,000 $ 57,500 $ 395,875
6
CITY OF AVENTURA
AVENTURA CHARTER HIGH SCHOOL
FUND BUDGET
FISCAL YEAR 2018/2019
1.0
r■ r�
L4
ADOPTING ORDINANCE
ORDINANCE NO. 2018-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING
THE ATTACHED AVENTURA CHARTER HIGH SCHOOL BUDGET
FUND 191 FOR FISCAL YEAR 2018/2019 (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 2018/2019 Operating Budget for the Aventura Charter High
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 Aventura Charter High School Fund 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.
8
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 Aventura Charter
High School Fund, 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, 2018 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 2018/2019 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
9
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. 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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
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 Marc Narotsky
Commissioner Howard Weinberg
10
Vice Mayor Robert Shelley
Mayor Enid Weisman
PASSED AND ADOPTED on first reading this 19th day of April, 2018.
PASSED AND ADOPTED on second reading this 1St day of May, 2018.
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
11
AVENTURA CHARTER HIGH SCHOOL
3151 NE 213th Street
Aventura, Florida 33180
CITY OF AVENTURA
FINANCE DEPARTMENT
MEMORANDUM
TO: City Commission ef�
FROM: Susan Grant, City Manager , ,ir
BY: Brian K. Raducci, Finance Direc'/
DATE: April 13, 2018
SUBJECT: Ordinance Amending 2017/18 Aventura Charter High School Fund
Budget
191 Reading April 19, 2018 City Commission Meeting Agenda Item 55
2nd Reading May 1, 2018 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission approve the attached Ordinance amending
the 2017/18 Aventura Charter High School Fund Budget. The total amount of the
amendment is $40,500.
BACKGROUND
The attached document has been prepared to:
• Provide the necessary funding to satisfy the agreement for Professional
Consulting Services with CMCS Consulting Services, LLC. for the proposed
Aventura Charter High School that was previously approved by the City
Commission on July 18, 2017 (Resolution No. 2017-40).
If you should have any questions related to this memorandum, please feel free to
contact the City Manager.
BKR/bkr
ORDINANCE NO. 2018-
_
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2017-08, WHICH
ORDINANCE ADOPTED THE AVENTURA CHARTER HIGH SCHOOL
BUDGET FUND 191 FOR FISCAL YEAR 2017/2018 (JULY 1 — JUNE
30) BY REVISING THE 201712018 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 Charter High 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 2017/2018 Aventura Charter
High School Budget Fund 191 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. 2017-08, which Ordinance adopted a start-up budget for the 2017/2018
fiscal year for the Aventura Charter High School by revising the 2017/2018 budget as
set forth on the attached Exhibit "A", which exhibit is deemed incorporated by reference
as though set forth in full herein.
Section 3. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Ordinance.
City of Aventura Ordinance No. 2018-
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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
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 Marc Narotsky
Commissioner Howard Weinberg
Vice Mayor Robert Shelley
Mayor Enid Weisman
PASSED on first reading this 19th day of April, 2018.
PASSED AND ADOPTED on second reading this 1St day of May, 2018.
Page 2 of 3
City of Aventura Ordinance No. 2018-
ENID WEISMAN, MAYOR
ATTEST:
ELLISA L. HORVATH, MMC, CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
Page 3 of 3
Exhibit A
FY 2017/18 Budget Amendments
AVENTURA CHARTER HIGH SCHOOL FUND(191)
SCHOOL 2017/18 2017/18 2017/18
OBJECT REVENUE/OBJECT ADOPTED AMENDED REVISED
CODE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET
Revenues
Other Non-Revenues:
Advance from General Fund $ 110,000 $ 40,500 $ 150,500
SUBTOTAL $ 110,000 $ 40,500 $ 150,500
Total Amendments-Revenues $ 40,500
Expenditures
Operation of Plant:
Operating Expenditures
3150 312 Professional Consulting Services CMCS $ - $ 40,500 $ 40,500
SUBTOTAL $ - $ 40,500 $ 40,500
Total Amendments-Expenditures $ 40,500
Page 1 of 1