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05-07-2019 Regular Commission Meeting Agenda City Manager City Commission Ronald J.Wasson ]Enid Weisman,Mayor ��� Dr.Linda Marks,Vice Mayor �:!_ =�:;\ City Clerk Denise Landman,Commissioner Ellisa L. MMC Gladys Mezrahi,Commissioner i Marc Narotsky,Commissioner City Attorney Robert Shelley,Commissioner G_ Weiss Scrota Hellfman Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman CITY COMMISSION MEETING AGENDA May 7, 2019 6:00 p.m. Aventura Government Center 19200 West Country Club Drive Aventura, Florida 33180 1. CALL TO ORDER\ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ELECTION OF VICE MAYOR 4. AGENDA: Request for Deletions/Emergency Additions 5. SPECIAL PRESENTATIONS: • Employee Service Awards • School Reports 6. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. If the public wishes to speak on a matter on the consent agenda they must inform the City Clerk prior to the start of the meeting. They will be recognized to speak prior to the approval of the consent agenda. A. APPROVAL OF MINUTES: • April 2, 2019 Regular Commission Meeting • April 11, 2019 Commission Meeting • April 11, 2019 Regular Commission Workshop Meeting B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Meeting Agenda May 7,2019 C. MOTION TO APPROVE ANNUAL APPROPRIATION FOR SCHOLARSHIP AWARD TO KROP HIGH SCHOOL STUDENTS. D. MOTION AUTHORIZING THE APPROPRIATION OF UP TO$65,000 FOR 28 FOOT FLUID WATERCRAFT 880 POLICE MARINE PATROL VESSEL FROM THE POLICE FEDERAL FORFEITURE FUND IN ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER "C" FOR THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WITH A GUARANTEED MAXIMUM PRICE WITH KAUFMAN LYNN CONSTRUCTION FOR THE AVENTURA CHARTER HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. F. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING RFP NO. 19-03-19-2 COMMUNITY PROGRAMMING SERVICES TO THE YMCA OF SOUTH FLORIDA PURSUANT TO THE AGREEMENT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE YMCA OF SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 7. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: Please be advised that the following items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,please inform the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made available after the applicant and staff have made their presentations on each item. All testimony,including public testimony and evidence,will be made under oath or affirmation. Additionally, each person who gives testimony may be subject to cross- examination.If you refuse either to be cross-examined or to be sworn,your testimony will be given its due weight. The general public will not be permitted to cross-examine witnesses,but the public may request the Commission to ask questions of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk. None. 8. ORDINANCES—FIRST READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A FLORIDA CORPORATION,A NONEXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, OPERATING AND EXTENDING GAS LINES IN THE STREETS AND PUBLIC PLACES OF SAID CITY THEREON AND THEREUNDER;PROVIDING FOR A FRANCHISE FEE;PROVIDING THE TERMS AND CONDITIONS OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Meeting Agenda May 7,2019 B. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2018/2019 (JULY 1 — JUNE 30) BY REVISING THE 2018/2019 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. 9. ORDINANCES—SECOND READING/PUBLIC HEARINGS: A. AN ORDINANCE OF THE CITY OF AVENTURA,FLORIDA AMENDING ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY (ALF) USES OR STRUCTURES; PROVIDING FOR SEVERABILITY;PROVIDING FOR INCLUSION IN THE CODE;AND PROVIDING FOR AN EFFECTIVE DATE. B. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: 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 2019/2020 (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. C. CITY COMMISSION,IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (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. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT Page 3 of 4 Aventura City Commission Meeting Agenda May 7,2019 FUTURE MEETINGS* *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. REGULAR COMMISSION WORKSHOP—MAY 16,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5TH FLOOR) REGULAR COMMISSION MEETING—JUNE 11,2019 AT 6 PM COMMISSION CHAMBER REGULAR COMMISSION WORKSHOP—JUNE 20,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5TH FLOOR) 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 4 of 4 The City of CITY COMMISSION Aventura Government Center �Y y REGULAR MEETING MINUTES 19200 W Country Club Drive entura. APRIL 2, 2019 Aventura, Florida 33180 Following the 6:00 p.m. Local Planning -0- Agency Agency Meeting 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:07 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was previously done at the Local Planning Agency Meeting. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues, presented the following employees with recognition certificates and tokens of appreciation for the completion of milestone years of services with the City: Joanne Carr (20 years), Officer Joseph Craig (20 years), and Officer Robert Feierstadt (20 years). • School Reports: None. 5. CONSENT AGENDA: There were no requests from the public to address the Commission. A motion to approve the items on the Consent Agenda was offered by Commissioner Shelley, seconded by Vice Mayor Dr. Marks, and passed unanimously by roll call vote. The following action was taken: A. Minutes approved as follows: • March 12, 2019 Regular Commission Meeting • March 21 , 2019 Regular Commission Workshop Meeting • March 21, 2019 Special Commission Meeting B. Resolution No. 2019-19 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Aventura City Commission Regular Meeting Minutes April 2, 2019 C. Motion approved as follows: MOTION TO APPROVE REQUEST OF FOOD OF ALL NATIONS INC. DBA SARAH'S TENT FOR EXTENSION OF THE APPROVAL GRANTED THROUGH RESOLUTION NO. 2018-38 FOR AN ADDITIONAL SIX MONTH PERIOD FROM APRIL 3,2019 TO OCTOBER 3,2019. D. Resolution No. 2019-20 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE REAPPOINTMENT BY THE COMMISSION OF MEMBERS TO THE BOARD OF TRUSTEES OF THE POLICE OFFICERS' RETIREMENT PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2019-21 adopted as follows: CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN MANAGEMENT AGREEMENT FOR THE DON SOFFER AVENTURA HIGH SCHOOL BETWEEN CHARTER SCHOOLS USA AT AVENTURA, LLC AND THE CITY OF AVENTURA; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures and read the following Resolution by title: RESOLUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING A SIGN VARIANCE FOR THE AVENTURA MEDICAL TOWER AT 2801 NE 213 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. Mrs. Horvath administered the oath to all those wishing to offer testimony. A motion for approval of the resolution was offered by Commissioner Mezrahi and seconded by Commissioner Shelley. Commissioner Narotsky recused himself from voting on this item due to a conflict and left the meeting.' The Memorandum of Voting Conflict (Form 813) for Commissioner Narotsky is attached to the minutes as required. Page 2 of 6 Aventura City Commission Regular Meeting Minutes April 2,2019 Community Development Director Joanne Carr addressed the Commission and entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (The Medical Building Aventura Condominium Association, Inc.): Brooke Walker and Michael Quintana, Sign Consultants — Graphplex Signs (2830 N. 28th Terrace, Hollywood, FL) and Richard Faith, Owner- The Faith Group. Mayor Weisman opened the public hearing. The following members of the public provided comments: Jackie Seskin (Condo Owner - 2801 NE 213 Street) and Michael Gilinsky, M.D. (Condo Owner - 2801 NE 213 Street). There being no additional speakers, the public hearing was closed. A motion to table the item until the Commission Workshop Meeting on April 11, 2019 at 9:00 a.m., followed by consideration at the Regular Commission Meeting on May 7, 2019 at 6:00 p.m., was offered by Commissioner Landman and seconded by Vice Mayor Dr. Marks. The motion to table the item, to the time certain described above, passed unanimously (6-0) by roll call vote, with Commissioner Narotsky absent. Commissioner Narotsky returned to the meeting. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: Mr. Wolpin read the following ordinance by title and incorporated the staff report and comments provided at the April 2, 2019 Local Planning Agency Meeting into the record by reference: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY (ALF) USES OR STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. The following provided comments on behalf of the Applicant (Imperial Club, LP): Michael Marrero, Esq. — Bercow Radell Fernandez & Larkin (200 S. Biscayne Blvd. #850, Miami, FL). Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Page 3 of 6 Aventura City Commission Regular Meeting Minutes April 2, 2019 The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: Mr. Wolpin read the following Ordinance by title: A. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE IX, "SIGN REGULATIONS," OF CHAPTER 31, "LAND DEVELOPMENT,REGULATIONS" OF THE CITY CODE TO ADD A DEFINITION OF AND REGULATION FOR TEMPORARY GRAPHIC WRAPS ON CONSTRUCTION FENCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Mezrahi and seconded by Commissioner Landman. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2019-03 was adopted. Mr. Wolpin read the following Ordinance by title: B. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, CREATING DIVISION S "DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD" OF ARTICLE III "ADVISORY BOARDS" OF CHAPTER 2 "ADMINISTRATION" OF THE CITY CODE BY CREATING SECTION 2-218 "CREATION AND QUALIFICATIONS," SECTION 2-219 "PROCESS FOR APPOINTMENT OF BOARD MEMBERS," SECTION 2-220 "JURISDICTION, DUTIES AND MEETINGS," SECTION 2-221 "RULES OF PROCEDURE; QUORUM," AND SECTION 2-222 "STANDARDS OF CONDUCT FOR MEMBERS"; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2019-04 was adopted. Mr. Wolpin read the following Ordinance by title: C. AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING CHAPTER 10, ENTITLED "ANIMALS," OF THE CITY CODE BY AMENDING Page 4 of 6 Aventura City Commission Regular Meeting Minutes April 2, 2019 SECTION 10-1, ENTITLED "REMOVAL OF CANINE FECAL MATTER; CANINES TO BE LEASHED'; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE. DATE. A motion for approval of the ordinance was offered by Vice Mayor Dr. Marks and seconded by Commissioner Narotsky. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2019-05 was adopted. Mr. Wolpin read the following Ordinance by title: D. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-18 WHICH ORDINANCE ADOPTED A BUDGET FOR THE 2018/2019 FISCAL YEAR BY REVISING THE 2018/2019 FISCAL YEAR OPERATING AND CAPITAL BUDGET 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. A motion for approval of the ordinance was offered by Commissioner Landman and seconded by Commissioner Mezrahi. Mr. Wasson reviewed the item. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on second reading passed unanimously, by roll call vote, and Ordinance No. 2019-06 was adopted. 9. RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following Resolution by title: A RESOLUTION OF THE CITY OF AVENTURA, FLORIDA, AMENDING RESOLUTION 96-38 WHICH ADOPTED A FEE SCHEDULE FOR BUILDING PERMITS AND WHICH RESOLUTION WAS AMENDED BY RESOLUTION NO.98-28, BY RESOLUTION NO.2000-24 AND RESOLUTION NO. 2009-45; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Landman and seconded by Commissioner Narotsky. Mr. Wasson reviewed the resolution, which provided corrections to the language in the Building Permit Fee Schedule. Page 5 of 6 Aventura City Commission Regular Meeting Minutes April 2,2019 Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the resolution passed unanimously, by roll call vote, and Resolution No. 2019-22 was adopted. 10. REPORTS: Vice Mayor Dr. Marks discussed the members appointed to the Board of Trustees of the Police Officers' Retirement Plan, as approved on the consent agenda, and commended the work of that board. Commissioner Landman invited residents to attend the upcoming movie night at Founders Park (April 13th) and annual Earth Day/Arbor Day celebration at the Arts & Cultural Center (April 25th). Commissioner Narotsky urged residents to contact the Miami-Dade County School Board Members, as well as the State Senators and Representatives, regarding the City's charter schools receiving their share of the funding approved through the recent referendum for teacher pay. 11. PUBLIC COMMENTS: Mr. Wolpin provided information on the process for public comments. The following members of the public provided comments: Ian Lumer (Aventura). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Dr. Marks, seconded by Commissioner Narotsky, and unanimously approved; thus adjourning the meeting at 7:00 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 7, 2019. Page 6 of 6 FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS LAST NAME—FIRST NAME—MIDDLE NAME NAME OF BOARD,COUNCIL,COMMISSION.AUTHORITY,OR COMMnTEE Narotsky, Marc City Commission MAILING ADDRESS THE BOARD,COUNCIL COMMISSION,AUTHORITY OR COMMITTEE ON 19200 W.Country Club Drive WHICH I SERVE ISA UHF OF: CITY COUNTY N CRY LICOUNTY O OTHER LOCAL AGENCY Aventura Miami-Dade NAME OF POLITICAL SUBDIVISION: CDATE ON WHICH VOTE OCCURRED rr P of Aventura April 2,2019 MY POSITION IS. p of ELECTIVE O APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county,city,or other local level of government on an appointed or elected board,council, commission,authority.or committee. It applies to members of advisory and non-advisory bodies who are presented with a voting conflict of interest under Section 112.3143,Florida Statutes. Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instmdions on this form before completing and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting an a measure which would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained (including the parent,subsidiary,or sibling organization of a principal by which he or she is retained);to the special private gain or loss of a relative;or to the special private gain or lass of a business associate.Commissioners of community redevelopment agencies(CRAs)under Sec. 163.356 or 163.357, ES., and officers of independent special tax districts elected on a one-acre, one-vote basis are not prohibited from voting in that capacity. For purposes of this law, a 'relative includes only the officer's father, mother,son, daughter, husband,wife, brother, sister, father-in-law, mother-in-law, son-in-law, and daughter-in-law.A'business associate means any person or entity engaged In or carrying on a business enterprise with the officer as a partner,joint venturer, coowner of property, or corporate shareholder(where the shares of the corporation are not listed on any national or regional stock exchange). ELECTED OFFICERS: In addition to abstaining from voting in the situations described above,you must disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting;and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting,who should incorporate the form in the minutes. • APPOINTED OFFICERS: Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision, whether orally or in writing and whether made by you or at your direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You must complete and file this form(before making any attempt to influence the decision)with the person responsible for recording the minutes of the meeting,who will incorporate the form in the minutes. (Continued on page 2) CE FORM BB-EFF 1112013 PAGE I Adopted by reference in Rule 344010(1)(U.F.A.C. APPOINTED OFFICERS (continued) • A copy of the form must be provided immediately to the other members of the agency. • The form must be read publicly at the next meeting after the form is filed. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You must disclose orally the nature of your conflict in the measure before participating. • You must complete the form and file It within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting,who must incorporate the form in the minutes.A copy of the form must be provided immediately to the other members of the agency,and the form must be read publicly at the next meeting after the form is filed. DISCLOSURE OF LOCAL OFFICER'S INTEREST i Marc Narotsky hereby disclose that on April 2 ,20 19 • (a)A measure came or will come before my agency which(check one or more) inured to my special private gain or loss; inured to the special gain or loss of my business associate, inured to the special gain or loss of my relative, inured to the special gain or loss of FIP Realty (Faith Investment Property) by whom I am retained;or inured to the special gain or loss of ,which is the parent subsidiary,or sibling organization or subsidiary of a principal which has retained me. (b)The measure before my agency and the nature of my conflicting interest in the measure is as follows', The measure was a sign variance listed as Item ff6 on City Commission Agenda. Since I provide real estate services to FIP Realty, a party interested in the item, I disclosed the potential conflict, left the room and did not participate or vote. If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer, who is also an attorney,may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way as to provide the public with notice of the conflict. Li ill 11 Date Filed Signature Marc `0a4-0k0.1 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED$10,000. CE FORM BB-EFF 1112013 PAGE 2 Adopted by reference In Rule 34-7.010(1)(9,FAC. The City of CITY COMMISSION Aventura Government Center Aventura COMMISSION MEETING MINUTES 19200 WCountry Club Drve Aventura, Florida 33180 APRIL 11, 2019 -_0 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:05 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi, Commissioner Marc Narotsky, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. As a quorum was determined to be present, the meeting commenced. 2. CITY COMMISSION, IN ITS CAPACITY AS THE AVENTURA CITY OF EXCELLENCE SCHOOL BOARD OF DIRECTORS: ORDINANCE — FIRST READING/PUBLIC HEARING: Mr. Wolpin read the following Ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2019/2020 (JULY 1 - JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Mr. Wasson reviewed the proposed 2019/2020 budget, as provided in the agenda, totaling $9,949,500. The Commission discussed various aspects of the budget, including the following items: transition from K-8 school to high school, mental health counselors, special needs teachers, and technology. Mayor Weisman opened the public hearing. The following members of the public provided comments: Frida Lapidot (20953 NE 30 Court, Aventura). There being no additional speakers, the public hearing was closed. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. Aventura City Commission Meeting Minutes April 11,2019 3. CITY COMMISSION, IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: ORDINANCE — FIRST READING/PUBLIC HEARING: Mr. Wolpin read the following Ordinance by title: AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (JULY 1 —JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the ordinance was offered by Commissioner Shelley and seconded by Commissioner Landman. Eric Soroka, CMCS Consulting Services LLC, reviewed the proposed 2019/2020 budget, as provided in the agenda, totaling $2,464,413. The Commission discussed various aspects of the budget, including the following items: fundraising, technology, and state funding. The City Attorney was directed to provide information at the next workshop meeting on the process to establish a 501(c)(3) fund for the high school. Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. The motion for approval of the ordinance on first reading passed unanimously, by roll call vote. 4. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Vice Mayor Dr. Marks, seconded by Commissioner Mezrahi, and unanimously approved; thus adjourning the meeting at 9:59 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 7, 2019. Page 2 of2 The City ofCITY COMMISSION Jventr�1 11 CCII WORKSHOP MEETING MINUTES Aventura Government Center Aventura Jl 19200 W. Country Club Drive APRIL 11, 2019 Aventura, Florida 33180 Following 9:00 A.M. Commission Meeting 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 10:15 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Dr. Linda Marks, Commissioner Denise Landman, Commissioner Gladys Mezrahi, Commissioner Marc Narotskyl, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorneys David M. Wolpin and Matthew H. Mandel. As a quorum was determined to be present, the meeting commenced. 2. PRESENTATION BY US CENSUS 2020 PARTNERSHIP SPECIALIST (City Manager): Mr. Wasson explained that Mr. Portilla was invited to provide a presentation, in response to the Commission's request at the last workshop meeting. Rafael D. de la Portilla, Partnership Specialist - US Census Bureau, provided historical information on the census and preliminary plans for the 24th census to be conducted in 2020. The importance of the census count was highlighted, since those numbers would be used to determine the distribution of funding as well as districting. Joanne Carr, Community Development Director, explained the process historically followed by the City, including a complete count committee as well as community outreach efforts. It was reported that the City had already provided its local update of addresses to be used for the Bureau's database. City Manager Summary: It was the consensus of the City Commission for Mr. Wasson to provide a breakdown of the prior process followed by the City at the May Commission Workshop, including the community outreach plan. 3. DISCUSSION OF EQUITABLE DISTRIBUTION OF REVENUE FROM MIAMI- DADE COUNTY SCHOOL BOARD'S NOVEMBER 6, 2018 TAX REFERENDUM FOR THE CITY'S CHARTER SCHOOLS (City Attorney): Mr. Wolpin reviewed the memorandum and attachments as provided in the agenda. The Commission discussed the pending state legislation regarding equitable sharing of the revenue with charter schools, as well as exploring other options available. Commissioner Shelley requested authorization from the Commission to schedule and attend a meeting with Miami-Dade County School Board Member Dr. Martin Karp and Miami-Dade County Public Schools Superintendent Alberto M. Carvalho, along with Aventura City Manager Ronald J. Wasson, to discuss the City's position in receiving its fair share of the funding. Mr. Mandel explained the process that would need to be followed to initiate Chapter 164 (Governmental Disputes) proceedings, should the Commission decide to proceed with other options available. Commissioner Narotsky left the meeting at 12:02 p.m., during the discussion of additional items. Aventura City Commission Regular Workshop Meeting Minutes—April 11, 2019 Commissioner Landman disclosed that she is employed by Miami-Dade County Public Schools. Mr. Wolpin, as a result of conferring with Robert Meyers, Esq., informed Commissioner Landman that she could participate in the discussions and vote on the item since her employer was a public entity; however, if she felt that there was an appearance of a conflict then she could abstain from participation and voting. Following discussion, Representative Geller and Senator Pizzo were contacted via telephone speakerphone regarding their positions on the pending state legislation for the item. Representative Joseph Geller explained his opposition to sharing the funds with those charter schools owned and operated by private corporations and his support of an exception for charter schools owned by municipalities, such as Aventura? Senator Jason Pizzo voiced his support for an exception for charter schools owned by municipalities, provided those schools did not encourage opposition for the approval of the referendum, and noted his probable opposition should the vote not include such an exception. Following review by Mr. Wolpin of the City's correspondence with the MDCPS Board and Superintendent, which expressed the City Commission's support of the school referendum and the expectation to receive an equitable distribution should it pass, Senator Pizzo supported all efforts to carve out an exception for the City's charter schools.3 The following members of the public provided comments: Frida Lapidot (20953 NE 30 Court, Aventura). The Commission discussed the possibility of traveling to Tallahassee. City Manager Summary: It was the consensus of the City Commission for the City Attorney to draft letters to State Representative Jose R. Oliva (Speaker), State Representative Bryan Avila, State Representative Joseph Geller, State Senator Jason Pizzo, and City Lobbyist Ronald Book, regarding the City's position. Additionally, Mr. Wolpin will provide written notification to the MDCPS Board Attorney that the City is exploring its options. Finally, consensus was given for Commissioner Shelley to schedule and attend the meeting he requested, along with the City Manager. An item may be placed on the May 7, 2019 or other Commission meeting agenda, should a resolution need to be considered to initiate dispute proceedings. The following additional items were discussed: Following discussion and consensus of the City Commission, the dinner recognizing the City's volunteers was changed from May 5, 2019 to June 5, 2019, to be held at the Aventura Arts & Cultural Center. Mr. Wasson provided information on a Meet & Greet scheduled for June 9, 2019 at noon, for the Don Soffer Aventura High School. He reported that the request for 'Representative Geller attended the meeting via telephone briefly, solely to provide his comments. t Senator Pizzo attended the meeting via telephone briefly,solely to provide his comments. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes—April I L 2019 applications for the School Advisory Board had been posted, which will be provided to the Commission. Vice Mayor Dr. Marks provided an update on the high school staffing process. Consensus was given to suggest that the high school provide a part-time college counselor, at an hourly rate, in addition to the guidance counselor hired. 4. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 12:06 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on May 7, 2019. Page 3 of 3 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: April 25, 2019 SUBJECT: Resolution Declaring Equipment Surplus May 7, 2019 City Commission Meeting Agenda Item In g5 RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution declaring certain equipment as surplus to the needs of the City. BACKGROUND Section 2-258 of the City Code of Ordinances provides that any property owned by the City which has become obsolete or which has outlived its usefulness may be disposed of in accordance with procedures established by the City Manager, so long as the property has been declared surplus by a resolution of the City Commission. If you have any questions, please feel free to contact me. RJW/act Attachment CC01798-19 CITY OF AVENTURA INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Karen J. Lanke, Information talogy Director DATE: April 25, 2019 SUBJECT: Surplus Computer Equipment I am requesting that the computer related equipment listed on the attached be declared surplus property as the equipment no longer meets the needs of the City. Please let me know if you have any questions regarding this request. Attachment RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager desires to declare certain property as surplus to the needs of the City; and WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that has been declared surplus cannot be disposed of prior to the preparation and formal approval of a resolution by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Recitals Adopted. The above recitals are hereby confirmed and adopted herein. Section 2. The property listed on Exhibit "A" has been declared surplus and is hereby approved for disposal. Section 3. The City Manager is authorized to dispose of the property listed on Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental agency or, if of no value, discarded. Section 4. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 7th day of May, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number _ Type Acer V173 D 1110676542 Monitor AFCO Systems ', Cabinet APC - _ BR700G 361032X52759 _ UPS APC BR700G _ 381247X17400 - UPS APC BR700G 361426X11733 UPS APC -I BR700G 3B1426X17376 UPS APC BR700G _ 381510X03282 UPS APC BR700G _ 3B1510X03283 Printer APC BR700G 381827X22466 UPS APC BR700G 381827X50289 UPS APC RBC Battery ASI326124849 Battery Brother PJ-623 U62864-L4Z261076 Printer Brother PJ-623 U62864-M4Z313464 Printer Brother PJ-623 U62864-M4Z313477 Printer Creative _ MMS140 � SW01403401002557 Speakers and Subwoofer Del 1908WFPf I CN-0G435H-72872-872-0RUS-A00 Monitor Del 2009Wt CN-0G433H-74445-986-AK3L Monitor Del E6440 3Q4LG12 Laptop Del I— Latitude E6440 804LG12 Laptop Del Latitude E6440 974LG12 Laptop._ Del Latitude E6440 �_. CR4LG12 Laptop Del Latitude E6440 DF4LG12 Laptop Del _ Latitude E6430 1T83CW1 Laptop Del Latitude E6430 5MYQRYI Laptop Del Latitude E6440 6KKF162 Laptop Del Latitude E6440 73ZDK12 Laptop Del Latitude E6440 D25LG12 Laptop Del __. Latitude E6440 I FS7G162 Laptop Del Latitude E6440 HT7G162 Laptop Del Optiplex 7010 4LC9X12 Desktop Del Optiplex 7010 FZ4Z6Y1 Desktop Del Optiplex 7010 GQLIBY1 Desktop Del Optiplex 7010 GQNZ9Y1 Desktop Del Optiplex 7010 GQP1BY1 Desktop Del Optiplex7010 H82TQW1 Desktop Del Optiplex 7020 F2HMXI2 Desktop _ Del Optiplex 7020 F49PX12 Desktop Del Optiplex 7020 F4BPX12 Desktop Del Optiplex 7020 F4HMX12 Desktop Del Optiplex 7020 F4ZLX12 Desktop Del Optiplex 7020 i F5QNX12 _.__ . Desktop Del Optiplex 7020 GV45W52 Desktop Del Optiplex 7020 GV4XV52 Desktop Del Optiplex 7020 GV4YV52 Desktop Del Optiplex 7020 GV52W52 Desktop _ Del Optiplex 7020 I GV83W52 Desktop Del Optiplex 790 20PMW1 _._ Desktop Del _ Optiplex 9020 C91SW12 Desktop Del Optiplex 9020 _ G541 W52 Desktop Del Optiplex 9020 G542W52 Desktop Del '�. Optiplex 9020 G543W52 Desktop Del Optiplex GX620 HN4V5B1 Desktop Del P190Sc 1 CN-04JNJ2-64180-9B3-1UKS Monitor Page 1 of 2 4/25/2019 City of Aventura Computer Equipment Inventory Brand Model Q y _ Serial Number Type Digitial Watchdog C233W 1104120304 CCTV Camera HP Color LaserJet 3600n CNWBF74299 Printer HP LaserJet 600 CNDCGB611KPrinter HP I OfficeJet 6100 CN41M7506Y Printer HP r OfficeJet 6700 CN47EDS29S Printer HP OfficeJet Pro 6978 TH7246R03J Printer HP _ OfficeJet Pro 8210 CN69ODTOBF Printer Panasonic 09W02727 CCTV Camera Panasonic WV-BP334 i OXW00810 _ _ CCTV Camera Toshiba H e-Studio 170E i MDJ881461 Fax Machine Page 2 of 2 4/25/2019 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission �Q FROM: Ronald J. Wasson, City Managefi V ,/ DATE: April 23, 2019 SUBJECT: Motion to Approve Annual Appropriation for Scholarship Award to Krop High School Students May 7, 2019 Commission Meeting Agenda Item In C RECOMMENDATION It is recommended that the City Commission adopt a Motion to approve appropriation of funds in the amount of $1,000 from the General Fund for the 2019 annual scholarship award to an eligible Krop Senior High School student in accordance with Resolution 2012-12. BACKGROUND Resolution No. 2012-12 adopted a policy to establish an annual college scholarship in the amount of $1,000 for a student residing in Aventura graduating from Dr. Michael M. Krop High School. Section 2 of the Resolution requires the annual approval of the allocation of funds for the scholarship by the City Commission. Therefore, this item has been placed on the Agenda. If you have any questions, please feel free to contact me. RJW/act cc0n97-19 RESOLUTION NO. 2012-12 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING A POLICY TO ESTABLISH AN ANNUAL COLLEGE SCHOLARSHIP IN THE AMOUNT OF $1,000 FOR A STUDENT RESIDING IN AVENTURA GRADUATING FROM DR. MICHAEL M. KROP HIGH SCHOOL; PROVIDING FOR THE ALLOCATION OF FUNDS AND THE SELECTION PROCESS; 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 Commission hereby adopts a policy to establish an annual college scholarship in the amount of $1,000 for a student residing in Aventura graduating from Dr. Michael M. Krop High School to assist in the funding of his/her college education. Section 2. The scholarship amount of $1,000 shall be allocated from the General Fund of the City and the Award Evaluation Committee established by Dr. Michael M. Krop High School shall select the student that is eligible for the scholarship. The annual award of the scholarship shall be subject to approval by the City Commission, as a Consent Agenda item, so as to document approval pursuant to Section 7.05 of the City Charter. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner Auerbach, who moved its adoption. The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach yes Commissioner Bob Diamond yes Commissioner Teri Holzberg yes Commissioner Michael Stern yes Commissioner Luz Urbaez Weinberg yes Vice Mayor Billy Joel yes Mayor Susan Gottlieb yes Resolution No. 2012-12 Page 2 PASSED AND ADOPTED this 6th day of March, 2012. 'USAN GOTTLIEB, MAYOR ATTEST: 1' RESA M O , MMC TY CLER APPROVED ���77AS TO LEGAL SUFFICIENCY: /R� CITY ATTORNEY l �' CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag DATE: April 23, 2019 SUBJECT: Disbursement of Police Federal Forfeiture Funds May 7, 2019 City Commission Meeting Agenda Item IDD RECOMMENDATION It is recommended that the City Commission adopt the following Motion to expend funds from the Police Federal Forfeiture Fund: "Motion authorizing the appropriation of up to $65,000 for 28' (ft.) Fluid Watercraft 880 Police Marine Patrol Vessel from the Police Federal Forfeiture Fund in accordance with the City Manager's Memorandum". If you have any questions, please feel free to contact me. RJW/act Attachment CC01796-19 CITY OF AVENTURA POLICE DEPARTMENT INTER OFFICE MEMORANDUM TO: Ronald J. Wasson, City Manage FROM: Bryan Pegues, Chief of Police 2f) DATE: April 18th, 2019 SUBJECT: Use of Federal Forfeiture Funds The Federal Equitable Sharing Agreement (FESA), Section VIII allows for the use of federally forfeited funds for law enforcement. Section IX, A9 of the Federal Equitable Sharing agreement requires that the funds be expended only upon request of the Chief of Police to the governing body of the municipality and approval of the governing body. I am requesting City Commission approval for the expenditure of these monies for the purchase of: 28' (ft) Fluid Watercraft 880 Police Marine Patrol Vessel - $65,000 Summary 2019 Police Marine Patrol Vessel — This fully equipped vessel to be built by Sirocco Marine LLC (Bid #19-03-18-2) will replace our current 2006 vessel that has become inadequate for public purposes. Funds will be used along with trading in our current boat to purchase the following: 1. Fluid Watercraft 880 with vacuum infused/reinforced GRP hulls with 2 Honda HP225 IST motor engines. 2. 7900lb galvanized trailer with tandem axle CMCS Consulting Services MEMORANDUM TO: City Commission Ronald J. Wasson, City Manager • FROM: Eric M. Soroka, CMCS Consulting SeryiceE DATE: April 26, 2019 SUBJECT: Recommendation to Approve Change Order "C" to the Agreement for Construction Management Services with a Guaranteed Maximum Price with Kaufman Lynn Construction for the Don Soffer Aventura High School Construction Project May 7, 2019 City Commission Meeting Agenda Item IDE RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution approving Change Order "C", attached hereto, to the Agreement for Construction Management Services with a Guaranteed Maximum Price (GMP) with Kaufman Lynn Construction (Contractor) for the Don Soffer Aventura High School in the amount of$178,698. BACKGROUND As previously discussed, the low voltage package which includes labor, material and installation of the sound system, clock system, data/phone system and gym and cafeteria sound system was not included in the original construction contract with Kaufman Lynn Construction. The Architect advised when designing schools, they do not include this item in their plans as the School District normally provides this package utilizing their own contractor. As this project is a Charter School, this package developed in conjunction with CSUSA has been finalized and is being added to the Contractor's Agreement via a change order. The current budget includes the funding for this package. If you have any questions, please feel free to contact me. Attachments RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED CHANGE ORDER "C" FOR THE AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES WITH A GUARANTEED MAXIMUM PRICE WITH KAUFMAN LYNN CONSTRUCTION FOR THE AVENTURA CHARTER HIGH SCHOOL; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; PROVIDING FOR THE APPROPRIATION AND ALLOCATION OF FUNDS FOR SAID CHANGE ORDER; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THERFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute and otherwise enter into the attached Change Order "C" between the City and Kaufman Lynn Construction, for the Aventura Charter High School project and incorporated herein as specifically as if set forth at length herein. Said Change Order amount is $178,698. Section 2. The City Manager is hereby authorized and requested to do all things necessary to carry out the aims of this Resolution. Section 3. The funds to be allocated and appropriated pursuant hereto and for the purpose of carrying out the tenets of this Resolution shall be from Budget Line item Number 393-6010-561-6208. Section 4. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman City of Aventura Resolution No. 2019- PASSED AND ADOPTED this 7'^ day of May, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 Aventura High School Construction Project Kaufman Lynn Construction Change Order C Date: May 7, 2019 Item Description Amount Low Voltage Package Labor, material, and equipment for low voltage $178,698.00 package, includes the sound system, clock system, data/phone system, gym and cafeteria sound system. Total $178,698.00 Approved by City of Aventura City Manager POTENTIAL CHANGE ORDER TITLE:Low Voltage Package CHANGE REASON:Owner Initiated POTENTIAL CHANGE ORDER DESCRIPTION:(The Contract Is Changed As Follows) CE#083-Low Voltage Package Labor,material,and equipment for low voltage package,includes the sound system,clock system,datalphone system,gym sound system(not including equipment),and cafeteria sound system.This includes deducting the$92,500 for the early release of equipment included in PCCO-020 and credits for unused budget items. coatCode Description Funding Source Type Amount Labor,mand equipment for low rtlle3e package.includes the sound system,tlwN 1 15.050-Basic Electrical aetLpnmearabm,gymewnd aralem owner Change Order Subcontractor S 17x58000 (not Including equipment).and catNena sound systvn.This includes deducting the$92,500 f the ealy release of equipment. 2 11.015.Instal Owner Equipment credit for unused budget Owner Change Order Subcontractor ($10.000 00) l 10-70-StorageShelving Credit for unused budget Owner Change Order Subcontractor (S4.800 W( Subtotal: $15¢78000 Fee:10.00%Applies to all line Item types. 515878 00 GL:•1.26%Appllas to all line Item types. $21830D Bond:a 1.06%Applies to all line Item types. E 1.857 DO Grand Total: S170.698.00 Electraserve, Inc. is submitting our proposal to provide labor and material for the Systems installation for the above referenced project as prepared by NW drawings: Architect: PGAL LLC TOTAL BID PRICE: $266,079.99 - $92,500 for early release of equipment included in PCCO24 - = $173,580 Breakout: Sound System $65,000.00 Shure Desktop Microphone Labor: $25,000.00 Atlas Sound 240 watt mixer/ amplifier Material:$40,000.00 133 Atlas Sound Ceiling Speakers West Penn Wire Clock System: Counterpoise $48,500.00 Master Clock System Labor: $22,000.00 Mixer/ Amplifier Material: $26,500.00 Desktop Mic Equipment Rack 60 Clocks Speaker Baffles Data/ Phone System $119,000.00 IT Rack and Mounting Hardware Labor: $75,000.00 Patch Panels Material: $44,000.00 UPS system (Non rack) 53 Voice Dada 141 Telephone/pos 6 WAP 6 TV (Smartboads) Gym Sound System $9,200.00 Conduit and Raceways only Labor: $6,000.00 Wire and Connections Material: $3,200.00 Cafeteria Sound System $24,379.99 1000Watt Mixer Labor: $9,000.00 Bracket with Mic (Wireless) Material: $15,379.99 (4) Octasound 360 Speakers Mounts and Connections Wire and Connections The following inclusions, exclusions and qualifications are included in this proposal. This price is based on Drawings as supplied by others and installation as per manufacturer's requirements and Division 16 Specifications. Any changes or modifications to the following may affect our proposed price. A. INCLUSIONS: - Applicable sales tax and Permit fees. - Drawings - Penn Wire - Cable tray All Wire to be CAT6E - All Counts on Data as per Bid set ELECTRASERVE, INC. 3501 NW 14Th AVENUE, POMPANO BEACH, FL 33064 1 TEL: 954.327.9475 / FAX: 954.327.3348 / EC813004120 - All Wire to be free wire unless above Exposed area - Ground Telephone fire rated back boards in Electrical Rooms as shown on plan. - Provide Head End for Each System - Trim plate (White). - Trim out head end Patch Panels - Provide grounding system. - Provide UPS system - Certify each cable. - Provide complete System as per drawings. - Supply and install wiring devices as per drawings. - Provide grounding as per plans. - To clean up trash daily and place in receptacle as provided by General Contractor. B. EXCLUSIONS: - Bond fees. - Conduit - Security, Audio, and CCTV wiring and devices. - BMS - Head End/ WAP Equipment - Demolition, night work and overtime. - Construction schedule (not issued). - Access Panels. - Trash removal from site, this is to be by the General Contractor. - Any work that is not shown or indicated on plans as provided for pricing. C. QUALIFICATIONS - All work shall comply with national and local code requirements as designed by the project Electrical Engineer and as indicated on the electrical drawings. Any applicable code items that may be required by local authorities and have not been shown on the project documents are not included in this proposal (inclusive of any items left to interpretation by local building authorities). We will not assume the liability nor accept any responsibility for the design, orre- design, of engineer issued drawings to achieve code compliance without amended documents issued by the Project Architect and or Electrical Engineer. - No changes will be made in the design without the written approval of the Project Electrical Engineer. Changes in the design shall be interpreted as a change which effects the capacity, reliability, cost, operation, location, or any parts thereof, including changes which may be required to conform to National, State or Local regulations and/or codes. - Control wiring and associated raceways, motor starters, control devices, and disconnects for equipment furnished by other trades are provided only as shown and indicated on theelectrical drawings. Controls that are required and are not shown are considered to be the responsibility of others and are excluded from this proposal. - Fixture tenting and/or additional supports are not included in this proposal. It is assumed that the ceiling contractor will provide this work if required. - All work included is based on normal working hours within a forty hour workweek. No construction schedule is included or agreed to at this time. Please provide any such schedule for our review prior to inclusion to this proposal. - Our work forces will remove electrical trash to an onsite container furnished/provided by others. - All outstanding payments 30 days past due may be charged 11/2% interest per month on the unpaid balance. Any and all additional costs associated with the collection of past due payments including court costs, attorney's fees and miscellaneous fees will be the clients responsibility. ELECTRASERVE, INC. 3501 NW 147H AVENUE, POMPANO BEACH, FL 33064 2 TEL: 954.327.9475 / FAX: 954.327.3348 / ECF13004120 CITY OF AVENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission / FROM: Ronald J. Wasson, City Manag= BY: Kimberly Merchant, Community Services Director4 DATE: April 26, 2019 SUBJECT: Resolution Authorizing the City Manager to execute the attached Agreement with the YMCA of South Florida to perform Community Programming Services set forth in RFP No. 19-03-19-2 May 7, 2019 City Commission Meeting Agenda Item SF Recommendation: It is recommended that the City Commission adopt the attached Resolution authorizing the City Manager to execute the attached Agreement between the City and the YMCA of South Florida to perform Community Programming Services set forth in RFP No. 19- 03-19-2. Background: Fees were negotiated with the YMCA of South Florida, the top ranked proposal in accordance with the Request For Proposals No. 19-03-19-2. The attached Agreement provides for the YMCA of South Florida to perform Community Programming Services set forth in RFP No. 19-03-19-2. The Agreement has been reviewed by the City Attorney. The Agreement is for an initial three (3) year term with the option to extend the contract for one (1) additional three-year period. Upon review, a copy of the RFP, submittals by all proposals, and other supporting documents are available for your inspection. Attachments RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING RFP NO. 19-03-19-2 COMMUNITY PROGRAMMING SERVICES TO THE YMCA OF SOUTH FLORIDA PURSUANT TO THE AGREEMENT ATTACHED AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE YMCA OF SOUTH FLORIDA; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY AND EXPEDIENT ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aventura, Florida has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted proposals for RFP NO. 19-03-19-2 CITY OF AVENTURA COMMUNITY PROGRAMMING SERVICES; and WHEREAS, sealed proposals have been submitted to and received by the City pursuant to the City's request for proposals, specifications, and requirements for the work as cited above; and WHEREAS, fees were negotiated with the YMCA of South Florida, the top ranked proposer; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said agreement to the YMCA of South Florida. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA THAT: Section 1. RFP NO. 19-03-19-2, COMMUNITY PROGRAMMING SERVICES is hereby awarded to the YMCA of South Florida. City of Aventura Resolution No. 2019-_ Section 2. The City Manager is hereby authorized to execute the attached Agreement (Exhibit"A"), between the City of Aventura and the YMCA of South Florida for Community Programming Services as per the provisions and specifications set forth in RFP No. 19-03-19-2. Section 3. The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution in awarding this contract. Section 4. 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 Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 7th day of May, 2019. Page 2 of 3 City of Aventura Resolution No. 2019-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 EXHIBIT “A” AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE YMCA OF SOUTH FLORIDA FOR RFP# 19-03-19-2 COMMUNITY PROGRAMMING SERVICES th THIS AGREEMENT is entered into this 7 day of May, 2019 between the City of Aventura, a Florida municipal corporation, (CITY), and the Young Men’s Christian Association (YMCA) of South Florida, (CONTRACTOR) for services to commence on or th before June 7, 2019. WHEREAS, the CITY desires to retain the professional services of CONTRACTOR to provide community programming services consisting of school recess camps, recreation programs, events and afterschool programs; and WHEREAS , the CONTRACTOR desires to provide community programming services consisting of school recess camps, recreation programs, events and afterschool programs to the CITY and its residents. NOW, THEREFORE the Parties agree as follows: ARTICLE I GENERAL CONDITIONS The CONTRACTOR agrees to: 1.1 Provide community programming services consisting of school recess camps, recreation programs, events and afterschool programs for CITY residents in accordance with the conditions and specifications set forth in Request For Proposal # 19-03-19-2 Community Programming Services, attached hereto and made a part hereof. 1.2 Term - This Agreement will be effective upon execution by both parties and will continue for a term of three (3) years from the date of execution by the City. The City has the right, at its sole option, to renew the Agreement for one (1) additional three (3) year period or any portion thereof. The YMCA (Contractor) reserves the right to request the opportunity to negotiate the agreed upon terms yearly prior to commencement of a renewed contract year. In the event the City exercises such right, all terms and conditions, and requirements of the Agreement, including all costs, will remain the same as specified in the Agreement and apply during the renewal period(s). No Work is to commence until a written authorization is issued by the Community Services Director. 1.3 Notices - Whenever either party desires to give written notice to the other relating to the Agreement, such must be addressed to the party for whom it is intended at the place specified below; and the place for giving the notice will remain until it is changed by written notice in compliance with the provisions of this Article. Notice will be deemed given on the date received or within 3 days of mailing, if mailed through the United States Postal Service. Notice will be deemed given on the date sent via e-mail or facsimile. Notice will be deemed given via courier/delivery service upon the initial delivery date by the courier/delivery service. For the present, the parties designate the following as the respective places for giving of notice: For City: Mr. Ronald J. Wasson City Manager City of Aventura 19200 West Country Club Drive Aventura, FL, 33180 Kimberly S. Merchant Community Services Director City of Aventura 19200 West Country Club Drive Aventura, FL, 33180 For Contractor: Mr. Mark Russell Chief Financial Officer 900 SE 3rd Avenue Suite 300 Fort Lauderdale, FL 33316 During the performance of the Program the Contractor must maintain continuing communications with designated City representative (s). The Contractor must keep the City fully informed as to the progress of the Work under the Agreement. 1.4 Indemnification - The Contractor must indemnify, defend, and hold harmless the City, its officers, agents and employees from and against all liability, claims, damages, losses and expenses, including reasonable attorney's fees and costs at both trial an appellate levels arising out of or resulting from the performance of the Work under this Agreement, caused by negligence, recklessness, intentional misconduct, or any act or omission of the Contractor or anyone directly or indirectly employed by Contractor or anyone for whose acts Contractor may be liable. The Contractor expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Contractor will in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 1.5 The Contractor agrees and recognizes that the City will not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or 2 | Page shares any responsibility or liability of the Contractor or Subcontractor, under this Agreement. The Contractor will defend the City or provide for such defense at its own expense, at the City’s option. All travel, transportation, and offsite events provided by the Contractor as part of the Program(s) are covered under the indemnification provision. 1.6 Insurance - Without limiting any of the other obligations or liabilities of Contractor, the Contractor shall secure and maintain throughout the duration of this Agreement, insurance of such type and in such amounts necessary to protect its interest and the interest of the City against hazards or risks of loss as specified below. The underwriter of such insurance shall be qualified to do business in Florida, be rated B as to management and “Class V” as to strength or better as rated by the latest edition of Best’s Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent, The insurance carrier shall have agents upon whom service of process may be made in the State of Florida. The insurance coverage shall be primary insurance with respect to the City, its officials, employees, agents and volunteers. Any insurance maintained by the City shall be in excess of the Contractor’s insurance and shall not contribute to the Contractor’s insurance. The insurance coverages shall include a minimum of: 1.6.1 Worker’s Compensation and Employer’s Liability Insurance: Coverage to apply for all employees for statutory limits as required by the State of Florida’s Statutory Workers’ Compensation Law” and all applicable Federal laws. The policy(ies) must include Employer’s Liability with minimum limits of $500,000.00 each accident and a waiver of subrogation. 1.6.2 Comprehensive Automobile and Vehicle Liability Insurance: This insurance shall be written in comprehensive form and shall protect the Contractor and the City against claims for injuries to members of the public and/or damages to property of others arising from the Contractor’s use of motor vehicles or any other equipment and shall cover operation with respect to onsite and offsite operations and insurance coverage shall extend to any motor vehicles or other equipment irrespective of whether the same is owned, non-owned, or hired. The limit of liability shall not be less than $500,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a form no more restrictive that the latest edition of the Business Automobile Liability Policy, without restrictive endorsement, as filed by the Insurance Services Office. 1.6.3 Commercial General Liability. This insurance shall be written in comprehensive form and shall protect the Contractor and the City against claims arising from injuries to members of the public or damage to property of others arising out of any act or omission to act of the Contractor or any of its agents, employees, or subcontractors. The limit of liability shall not be less than $500,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. Coverage must be afforded on a primary and non-contributory basis and with a coverage form no more restrictive than the latest edition of the Commercial 3 | Page General Liability Policy, without restrictive endorsements, as filed by the Insurance Services Office, and must include: (1) Premises and/or Operations; (2) Independent contractors and Products and/or completed Operations; (3) Broad Form Property Damage, Personal Injury and a Contractual Liability Endorsement, including any hold harmless and/or indemnification agreement. 1.6.4 Excess Liability Insurance: Contractor shall provide Certificates of Insurance demonstrating that the Contractor has excess liability insurance in an amount not less than $1,000,000. 1.6.5 Physical and Sexual Abuse Coverage must be provided either as an endorsement to the Commercial General Liability Insurance or as a standalone policy in an amount not less than $1,000,000 per occurrence. 1.6.6 Certificate of Insurance: Contractor shall provide the City with Certificates of Insurance for all required policies within fifteen (15) days of notification of a conditional award by the City. The Certificates of Insurance shall not only name the types of policy(ies) provided, but also shall refer specifically to this Agreement and shall state that such insurance is as required by this Agreement. The City reserves the right to require the Contractor to provide a certified copy of such policies, upon written request by the City. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days’ written notice shall be provided to the City before any policy or coverage is cancelled, restricted, or a material change is made. Acceptance of the Certificate(s) is subject to approval of the City Manager or designee. 1.7 Additional Insured - The City is to be specifically included as an Additional Insured for the liability of the City resulting from operations performed by or on behalf of Contractor in performance of this Agreement. Contractor’s insurance, including that applicable to the City as an Additional Insured, shall apply on a primary basis and any other insurance maintained by the City shall be in excess of and shall not contribute to Contractor’s insurance. For Programs at City of Aventura Parks, City of Aventura Charter School shall also be named as an additional insured. Contractor’s insurance shall contain a severability of interest provision providing that, except with respect to the total limits of liability, the insurance shall apply to each Insured or Additional Insured in the same manner as if separate policies had been issued to each. All deductibles or self-insured retentions must be declared to and be approved by the City Manager. The Contractor shall be responsible for the payment of any deductible or self-insured retentions in the event of any claim. 1.8 Rules And Regulations - The Contractor will comply with all laws and regulations applicable to provision of the Programs specified in the Agreement. The Contractor must be familiar with and comply with all federal, state and local laws that affect the Services, including, but not limited to, those applicable to the Department of Children and Families’ (DCF), Department of Health (DOH) and 4 | Page OSHA. The Contractor must comply with all of the City’s park rules and regulations. 1.9 Protection of Property, Utilities, and the Public - The Contractor must protect public and private property from damage or loss arising in connection with the providing the Programs and take all necessary precautions to prevent accidents and injuries to persons or property on or near the Work. The Contractor is completely responsible for, and must replace and make good all loss, injury, or damage to any property (including landscaping, park amenities, or structure)s of the City or private property, and of any land adjoining the locations where Programs are being provided, which may be caused by Contractor. 1.10 Labor Materials, Equipment and Supplies - Contractor must provide for all labor, facility set up, materials, equipment, supplies, consumables, transportation, snacks, and other incidental items necessary to provide the Programs. 1.11 Authority of City’s Community Services Director - The City Manager hereby authorizes the Community Services Director to determine, all questions of any nature whatsoever arising out of, under or in connection with, or in any way relating to the providing of the Programs in accordance with the Agreement. The Community Services Director has the authority to act on behalf of the City to the extent provided by the Agreement, unless otherwise modified in writing by the City. All interpretations and recommendations of the Community Services Director will be consistent with the intent of the Agreement Documents. All interpretations of the Agreement Documents will be issued by the City Manager, which will be binding upon the Contractor. 1.12 Subcontractors - The Contractor has been authorized to utilize the Subcontractors identified in the Agreement. The use of any other Subcontractors or the replacement of any approved Subcontractors requires the prior written approval of the Community Services Director. 1.13 Taxes - Contractor must pay all applicable sales, consumer, use and other taxes required by law. Contractor is responsible for reviewing the pertinent state statutes involving state taxes and complying with all requirements. 1.14 Change Orders - The City reserves the right to order changes which may result in additions to or reductions in the Agreement and which are within the general scope of the Agreement and all such changes will be authorized only by a Change Order approved in advance, and issued in accordance with provisions of the City and the Agreement. Any changes to the Agreement must be contained in a written document, executed by the both parties. However, under circumstances determined necessary by City, Change Orders may be issued unilaterally by City. 5 | Page 1.15 Force Majeure - The City and Contractor will be excused from the performance of their respective obligations under the Agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including, fire, flood, explosion, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay or failure or shortage of any type of equipment, or service from a public utility needed for their performance, provided that: The non performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and The non performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance will not be excused under this Article for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. 1.16 Maintenance, Cleaning Up, City’s Right To Clean-Up - The City will provide routine janitorial maintenance for the Facilities. The Contractor is responsible for cleaning-up any materials, supplies, debris, or other similar items resulting from the Programs. Should the Contractor fail to perform such clean-up the City has the right to perform the clean-up work and deduct the cost from any sums due the Contractor. 1.17 Storage Space - Storage space at the site where the Programs are to be provided is limited. Contractor may need to arrange alternate space for its equipment, materials, and supplies. The space to be provided to the Contractor will be determined by the City’s Community Services Director. 1.18 Utility Service - The City will provide the existing utility service to the Facilities for use in providing the Programs. 1.19 Claims - Any claim must be made by written notice by Contractor to the City’s Community Services Director within five (5) business days of the commencement of the event giving rise to the claim and stating the general nature and cause of the claim. Thereafter, within ten (10) days of the termination of the event giving rise to the claim, written notice of the extent of the claim with supporting information and documentation must be provided unless the City’s Community Services Director allows additional time for submission. The written notice must be accompanied by Contractor's written notarized statement that any 6 | Page adjustment(s) claimed is the entire adjustment to which the Contractor has reason to believe it is entitled as a result of the occurrence of said event. All claims and disputes will be determined in accordance with the Agreement. It is expressly and specifically agreed that any and all claims for changes to the Agreement will be waived if not submitted in strict accordance with the requirements of this Article. The Agreement time will be extended in an amount equal to time lost due to delays beyond the control of and through no fault or negligence of Contractor if a claim is made as provided in this Article. Such delays include, but are not be limited to, Force Majuere, acts or neglect by any separate contractor employed by City, fires, floods, labor disputes beyond the control of the Contractor, 1.19.1 The following circumstances shall not constitute Force Majeure: Economic hardship shall not constitute Force Majeure. 1.20 Removal of Unsatisfactory Personnel - The City may make written request to the Contractor for the prompt removal and replacement of any personnel employed or retained by the Contractor, or any Subcontractor engaged by the Contractor to provide and perform services or Work pursuant to the requirements of the Agreement. The Contractor must respond to the City within five (5) calendar days of receipt of such request with either the removal and replacement of such personnel or written justification as to why that may not occur. The City will make the final determination as to the removal of unsatisfactory personnel from the Work. The Contractor agrees that the removal of any of such individual(s) does not require the termination or demotion of said individual(s). Contractor will not be entitled to any compensation of any kind from the City for direct, indirect, consequential, impact or other costs, expenses or damages from any cause whatsoever, whether such delay, disruption, interference or hindrance be reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable. Failure of Contractor to comply with this Article as to any particular event of claim will be deemed conclusively to constitute a waiver of any and all claims resulting from that particular event. 1.21 Continuing the Program(s) - Contractor must continue to provide the Programs during all disputes or disagreements with City. Programs will not be delayed or postponed pending resolution of any disputes or disagreements. 1.22 Stop Work Order - The City may, at any time, by written order to the Contractor, require the Contractor to stop all, or any part, of the Programs due to any conflict or potential conflict with other City events or operational requirements, storm related events or other similar circumstances. The City, where possible will make every effort to provide at minimum of forty-eight (48) hours advance notice or move the Program, if possible, to an alternative site. 7 | Page 1.23 Fraud and Misrepresentation - The City may terminate this Agreement with any person, individual, corporation, entity, or affiliate that attempts to meet its contractual obligations with the City through fraud, misrepresentation, conflicts of interest, or material misstatement. Such person, individual, corporation, entity, or affiliate shall be responsible for all direct or indirect costs associated with termination or cancellation. 1.24 Set-Offs, Withholding, and Deductions - The City may set-off, deduct or withhold from any payment due the Contractor, such sums as may be specifically allowed in the Agreement or by applicable law including, without limitation, the following: Any amount of any claim by a third party; Any unpaid legally enforceable debt owed by the Contractor to the City. The City will notify the Contractor in writing of any such withholdings. 1.25 Contractor Default - An event of default means a breach of the Agreement by the Contractor. Where an Event of Default (“Default”) occur under the Agreement, the City may, at its sole discretion, notify the Contractor, specifying the basis for such Default, and advising the Contractor that such Default must be cured within a time frame specified by the City or the Agreement with the City may be terminated. The City is under no obligation to issue such notification. The City may grant an extension to the cure period if the City deems it appropriate and in the best interest of the City, without waiver of any of the City’s rights hereunder. Where a Default is not cured within the time specified to cure the Default, the City Manager in addition to all remedies available by law, may immediately, upon written notice to Contractor, terminate this Agreement. Contractor understands and agrees that termination of this Agreement under this Article will not release Contractor from any obligation accruing prior to the effective date of termination. Where the City erroneously terminates the Agreement for default, the termination will be converted to a Termination for Convenience, and the Contractor will have no further recourse of any nature for wrongful termination. 1.26 Termination For Convenience - In addition to cancellation or termination as otherwise provided for in the Agreement, the City may at any time, in its sole discretion, with or without cause, terminate the Agreement by written notice to the Contractor. Such Written Notice will state the date upon which Contractor shall cease all Work under the Agreement. In the event that the City exercises its right to terminate the Agreement pursuant to the Agreement Documents, the City will pay the Contractor for the Services provided under the Agreement until the date of Termination. In no event, will any payments under this Paragraph exceed the maximum cost set forth in the Agreement and the amount due hereunder may be offset by payments made to the Contractor or any claims made against the Contractor. Contractor will not be 8 | Page entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. 1.27 City May Avail Itself of All Remedies - The City may avail itself of each and every remedy stated in the Agreement or existing at law or in equity. The exercise or the beginning of the exercise, of one remedy will not be deemed a waiver of the right to exercise, at the same time or thereafter, of any other remedy. 1.28 Compliance With Applicable Laws - The Contractor must comply with the most recent editions and requirements of all applicable laws, rule, regulations, codes, and ordinances of the Federal government, the State of Florida, Miami-Dade County, and the City. 1.29 Nondiscrimination, Equal Employment Opportunity, and Americans With Disabilities Act - Contractor must not unlawfully discriminate against any person, must provide equal opportunities for employment, and comply with all applicable provisions of the Americans with Disabilities Act in its performance of the Work under the Agreement. Contractor must comply with all applicable federal, State of Florida, Miami-Dade County, and City rules regulations, laws, and ordinance as applicable. 1.30 Independent Contractor - The Contractor is engaged as an independent business and agrees to perform Work as an independent contractor. In accordance with the status of an independent contractor, the Contractor covenants and agrees that the Contractor will conduct business in a manner consistent with that status, that the Contractor will not claim to be an officer or employee of the City for any right or privilege applicable to an officer or employee of the City, including, but not limited to: worker’s compensation coverage; unemployment insurance benefits; social security coverage; retirement membership, or credit. 1.31 Third Party Beneficiaries - Neither Contractor nor City intends to directly or substantially benefit a third party by this Agreement. Therefore, the parties agree that there are no third party beneficiaries to this Agreement and that no third party will be entitled to assert a claim against either of them based upon this Agreement. 1.32 Assignment or Sale of Agreement - The performance of this Agreement will not be transferred pledged, sold, merged, delegated or assigned, in whole or in part, by the Contractor without the prior written consent of the City. It is understood that a sale of ownership, the majority of the stock, or partnership shares of the Contractor, a merger or bulk sale, an assignment for the benefit of creditors will each be deemed transactions that would constitute an assignment or sale hereunder. The City may request any information it deems necessary to review any request for assignment or sale of the Agreement. 9 | Page Any such actions identified above taken without the prior written consent of the City approval will be cause for the City to terminate this Agreement for default and the Contractor will have no recourse from such termination. Nothing herein will either restrict the right of the Contractor to assign monies due to, or to become due or be construed to hinder, prevent or affect any assignment by the Contractor for the benefit of its creditors, made pursuant to applicable law. 1.33 Materiality and Waiver of Breach - City and Contractor agree that each requirement, duty, and obligation set forth in the Agreement is substantial and important to the formation of the Agreement and, therefore, is a material term hereof. The City's failure to enforce any provision of the Agreement will not be deemed a waiver of such provision or modification of the Agreement. A waiver of any breach of a provision of the Agreement will not be deemed a waiver of any subsequent breach and will not be construed to be a modification of the terms of the Agreement. 1.34 Defense of Claims - Should any claim be made or any legal action brought in any way relating to the Work under the Agreement, the Contractor must diligently render to the Claims any and all assistance which the City may require of the Contractor. 1.35 Funds Availability - Funding for this Agreement is contingent on the availability of funds and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days’ notice. 1.36 Access to and Review of Records - City has the right to inspect and copy, at City’s expense, the books and records and accounts of the Contractor which relate in any way to the Agreement. The Contractor agrees to maintain an accounting system that provides for accounting records that are supported with adequate documentation and adequate procedures for determining allowable costs. The Contractor must comply with the applicable provisions of Chapter 119, Florida Statutes and the City has the right to immediately terminate this Agreement for the refusal by the Contractor to comply with Chapter 119, Florida Statutes. The Contractor must retain all records associated with this Agreement for a period of five (5) years from the date of termination. 1.37 Time in Which To Bring Action Against the City- In the event the Contractor may be deemed to have a cause of action against the City, no action will lie or be maintained by the Contractor against the City upon any claim arising out of or based upon the Agreement by reason of any act or omission or requirement of the City or its agents, unless such action must be commenced within six (6) months after the date of issuance of a final payment under the Agreement, or if the Agreement is terminated under the provisions of the Agreement unless such 10 | Page action is commenced within six (6) months after the date of such termination by the City. 1.38 Contract Continuity - The City reserves the right to exercise its option to extend the Agreement for up to ninety (90) calendar days beyond the original Agreement period, inclusive of any Options to Renew exercised by the City. In such event, the City will notify the Contractor in writing of such extensions. 1.39 Applicable Law and Venue Of Litigation - This Agreement is enforceable in Miami- Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions the sole venue shall be Miami-Dade County, Florida. 1.40 Non-Exclusive Agreement - It is the intent of the City to enter into an Agreement with A successful Proposer(s) that will satisfy its needs as described herein. However, the City reserves the right, as deemed in its best interest, to perform, or cause to be performed, the Work and Services, or any portion thereof, as it sees fit, including but not limited to: award of other contracts, use of another contractor, or perform the Work with its own employees. 1.41 Severability - In the event any provision of the Agreement is determined by a Court of competent jurisdiction to be illegal or unenforceable, then such unenforceable or unlawful provision will be excised from this Agreement, and the remainder of the Agreement will continue in full force and effect. Notwithstanding the foregoing, if the result of the deletion of such provision will materially and adversely affect the rights of either party, such party may elect, at its option, to terminate the Agreement in its entirety. An election to terminate the Agreement based upon this provision must be made within seven (7) calendar days after the finding by the court becomes final. 1.42 Agreement Documents Contains All Terms - The Agreement and all documents incorporated herein by reference contain all the terms and conditions agreed upon by the parties hereto, and no other agreement, oral or otherwise, regarding the subject matter of the Agreement will be deemed to exist or to bind any of the parties hereto, or to vary any of the terms contained herein. 1.43 Entire Agreement - The Agreement, as they may be amended from time to time, represent the entire and integrated Agreement between the City and the Contractor and supersede all prior negotiations, representations or agreements, written or oral. This Agreement may not be amended, changed, modified, or otherwise altered in any respect, at any time after the execution hereof, except by a written document executed in accordance with the requirements of this Agreement. Waiver by either party of a breach of any provision of the Agreement will not be deemed to be a waiver of any other breach of any provision of the Agreement. 11 | Page 1.44 Conflict of Provisions- In the event of any conflict between any provisions in any attached Exhibit and this Agreement, the parties agree that the provisions of this Agreement are controlling. 1.45 PUBLIC RECORDS LAW PUBLIC RECORDS 1. 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. 2. 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. 3. Unless otherwise provided by law, any and all records, including but not limited to reports, surveys, and other data and documents provided or created in connection with this Agreement are and shall remain the property of the CITY. 4. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY’S information technology systems. Once the public records have been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. 5. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. 6. 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. 12 | Page 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 Records: City Clerk’s Office Mailing address: 19200 West County Club Drive Aventura, FL 33180 Telephone number: 305-466-8901 Email: horvathe@cityofaventura.com ARTICLE 2 FEES AND COMPENSATION 2.1 COMPENSATION 2.1.1 City shall pay to the Contractor a contractor fee in the amounts collected by the City equal to 70% of the registration fees and program fees collected for recess camps facilitated by the contractor at any City facility and afterschool programs facilitated by the contractor for the Aventura City of Excellence School. 2.1.2 City shall pay to the Contractor a contractor fee in the amount paid at a rate of 75% of the program fees collected for recreational programs and afterschool programs facilitated by the contractor at the Community Recreation Center. 2.2 FEES are to be collected by the City 2.2.1 Afterschool Programming at the Aventura City of Excellence School will be $14.00 per day for 5 days per week or $70 and $13.00 per day for 3 days per week or $39 2.2.2 Afterschool Programming at the Community Recreation Center will be $275.00 per month August & September are considered one month May & June are considered one month 2.3 Recess Camp will be $170.00 per week for General Camp $205 per week for Sports Camp 13 | Page $240 per week for Arts & Science Camp $260 for Travel Camp $43 daily rate for Teacher Planning Day Camp 2.4 Additional staffing will be provided at 1.10% times the hourly rate on an hourly basis per the City’s request 2.5 All fees paid for future years will established prior to the release publically as mutually agreed upon, no later than February 1st of each year. 2.6 Program content as well as summer/afterschool best practices will be infused to meet the needs of the City as well as align programing with the YMCA protocols (ie. Frequency of field trips). ARTICLE 3 SPECIAL TERMS AND CONDITIONS 3.1 The Contractor will provide a staff ratio of 1:10 for allafterschool programs and recess camps 3.2 Afterschool program hours are from 2:45 pm to 6:00 pm at the Aventura City of Excellence School and from 1:50 pm to 6:00 pm at the Aventura Community Recreation Center. 3.3 The Contractor will provide the City with the following per location for afterschool programming and recess camps:  Copy of the valid Florida Department of Children and Families (DCF) Child Care license needed to operate the program at the school site.  Student Handbook  Parent Handbook  Staff Handbook  Handbooks will include information that explains: Before and After School Programs  Before and After School safety procedures  Procedures in place that will be used to contact students, parents,  and school principal about unexpected closure of the after school on any given day. Supervision for students that may need to use the restroom  Before and After school sign in and sign out procedures that ensure  that all enrolled students are supervised by an authorized adult and that all enrolled students are accounted for at all times especially during drop-off and parent pick-up times. Sample of schedule of weekly activities  14 | Page Disciplinary procedures  Hiring and training requirements  Staff screening and re-screening requirements  All and any other polices needed to operate a quality Before and  After School program All of the above to be retained and accessible at each program site. The staff members will wear visible state identification badges before they are eligible to enter the school property. The ID badge must be in the Florida Shared School Results System (FSSRS). 3.4 The Contractor will provide recess camps with weekly options and daily options as needed when school is not in service during the hours 7:00am to 6:00pm 3.5 The Contractor will provide recreational programs during operating hours for all ages. 3.6 Payment – the City shall provide the Contractor with a report for the revenue derived from all community programming services managed by the Contractor hereunder after City’s background screening costs have been deducted if applicable. Said payments shall be due and payable by the fifteenth of each month for revenues derived from the previous month. 3.7 The City will take action to pay, reject or make partial payment on an invoice in accordance with the Florida Local Government Prompt Payment Act. No payments will be due or payable for Work not performed or materials not furnished or where the Work has not been accepted by the City. If there is a dispute with regard to an invoice, the City will pay the amount not in dispute and reject the remainder that is in dispute. 3.8 Deletion or Modification of Services - The City may during the term of the Agreement make modifications to the Services being provided. If the Contractor and the City agree on modifications or revisions to any Services such changes must be made through the execution of a change order executed by both parties. 3.9 Use of Property - City grants to the Contractor non-exclusive access for the limited use of the Facilities in “as-is” condition for providing the Programs. Use of the Facilities for any other activity(ies) is subject to the prior written approval of the Community Services Director. Such approval will be at the sole discretion of the Community Services Director. 3.10 Program Conflicts – the Community Services Director, in his or her sole discretion, may change or cancel any activity due to inclement weather, special events, conflicting schedules, Program events or Services, for unforeseen 15 | Page circumstances or emergencies including, but not limited to, maintenance of the Property, or for any reason that is in the best interest of the City. 3.11 Maintenance of the Facilities - The City will provide routine maintenance, utilities, and solid waste for the Facilities. Maintenance above and beyond what is normally provided for use of the Facilities will be provided by the Contractor, subject to the prior written approval of the Community Services Director. 3.12 Management of Staff and Program Participants – the Contractor agrees to monitor and control all Program participants, including, but not limited to Contractor’s staff, instructors, volunteers, guests and invitees while at the Facilities and during any activities organized by the Contractor at the Facilities. Contractor must comply, at its own cost, with Department of Children and Families and Section 435.12, Florida Statutes, and the City’s Community Services Department background policy, requiring the Contractor to conduct level 2 background investigations for all instructors, employees, or volunteers prior to the Licensees use of the Property under this Agreement. These investigations must meet the requirements for the Level 2 background and screening requirements as set forth in Section 435.04, Florida Statutes. Contractor must not allow any instructor, employee, or volunteer who does not meet the above stated requirements to provide any Service under this Agreement. An affidavit indicating all staff and volunteers associated with the operation of Programs, classes and/or activities under a Program(s) for the Contractor have passed both a criminal background screening and drug screening prior to the start of the particular program, class, and/or activities. A new Affidavit is required on an annual basis. Contractor’s Program(s) must include safety guidelines as well as guidelines and standards for the conduct of Contractor staff and volunteers in interfacing with the general public and City officials in a courteous and professional manner. Contractor must at all times have a competent supervisor on site who is be responsible for management and supervision, of the Program(s). Such guidelines and standards may be subject to the review and approval of the City. Contractor shall ensure that all volunteers, and staff obtain ID’s issued by the City or MDCPS prior to start of the Program(s) and have their ID’s visible at all times while on the City Facilities. 3.13 Alteration and Improvement to the Facilities the Contractor must not make any permanent or temporary alterations, improvements or additions to the Facilities, including, but not limited to, Park areas, as well as signs and banners, without the prior written consent of the Community Services Director. Any alteration, improvement or addition to the Facilities approved by the Community Services Director must be designed, constructed with appropriate permitting, installed, and 16 | Page maintained in a good, safe and workmanlike manner, and will be provided solely at the Contractor’s expense. Unless otherwise agreed in writing by the City, any alteration, improvement or addition to the Facilities made by Contractor shall be removed by Contractor at the expiration date or earlier termination date of the Agreement. If the City desires to retain any alteration, City will notify Contractor in writing of its intent prior to the termination date of this Agreement. 3.14 City Right to Observe and Inspect – the City has the right, but not the obligation, at any time, to have one or more of its representatives present during the Program(s) to observe the Contractor’s Program(s), use of the Facilities, and make any inspections the City deems necessary. The purpose of such observations and inspections are to ensure the Contractor’s compliance with the terms and conditions of this Agreement. 3.15 Marketing - The Contractor shall work with the Community Services Director to develop marketing materials. Any additional marketing and promotional materials costs will be at the sole expense of the City. All marketing and promotional materials are subject to the prior written approval of the City Manager or designee. 3.16 Signage – the Contractor will not install or place any signs on City Property without the prior written approval of the 3.17 Liability Release and Waiver Requirements - The Contractor must require all staff, volunteers, and Program participants of legal age to submit to the Contractor signed liability release and waiver forms drafted or approved by the City, releasing the City and the City’s officers, employees, and agents, from any and all liability in connection with such students’ participation in Contractor Program(s). The Contractor must require all Contractor’s staff, volunteers, and Program participants not of legal age to submit Contractor liability release and waiver forms signed by their parents or legal guardians, drafted or approved by the City, and releasing the City and the City’s officers, employees, and agents, from any and all liability in connection with such individual’s participation in the Contractor’s Program(s). Contractor must retain all such forms on file. The City may inspect and copy such release and waiver forms at any reasonable time. 3.18 Transportation of Program Participants - Where the Contractor provides transportation for Program participants, inclusive of trips, transportation from school to the Facilities, etc., the Contractor is solely responsible for all cost associated with such transportation for Programs even if the fees are paid by the City. All vehicles must be fully insured as required by this Agreement and such vehicles are subject to inspection by City staff. Vehicles not acceptable to the City for use under the Agreement must be replaced by the Contractor at no additional cost to the City. 17 | Page GOVERNING LAW, this Agreement shall be construed in accordance with the laws of the State of Florida with venue lying in Dade County, Florida. The parties hereby voluntarily waive any right to trial by jury in any litigation between the parties which, in any way, arises out of or concerns this Agreement or the course of dealing between the parties. IN WITNESS THEREOF , the parties hereto have made and executed this Agreement on the date above: CITY OF AVENTURA BY: _______________________ Ronald J. Wasson City Manager ATTEST: ____________________ Ellisa L. Horvath, MMC City Clerk APPROVED AS TO LEGAL FORM: ____________________ City Attorney CONTRACTOR BY: ______________________ Mark A. Russell Chief Financial Officer YMCA of South Florida 18 | Page CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: April 25, 2019 SUBJECT: Ordinance Granting Peoples Gas System a Non-Exclusive Franchise 1st Reading May 7, 2019 City Commission Meeting Agenda Item 2nd Reading June 11, 2019 City Commission Meeting Agenda Item RECOMMENDATION It is recommended the City Commission approve the attached Ordinance granting a non-exclusive franchise to Peoples Gas System, A Division of Tampa Electric Company (TECO), establishing a franchise fee effective retroactively to October 1, 2011. BACKGROUND The City entered into a franchise agreement with Peoples Gas System, a Division of Tampa Electric Company, a Florida Corporation on October 2, 1996, pursuant to City Ordinance No. 96-19. That agreement expired on September 30, 2011. Normally, these types of franchise agreements are for 30 years and although the agreement expired, Peoples Gas System has been honoring the expired agreement to date. This new agreement will be for 30 years and be retroactively dated to October 1, 2011 and expire on September 30, 2041. The highlights of the agreement are as follows: • Term will be for thirty (30) years. • Peoples Gas System will continue to pay 6% of gross revenues to City. • The franchise fee will be paid to the City monthly, rather than quarterly in the initial agreement. • Peoples Gas System will indemnify the City and hold harmless for any damages, claims, liability, losses and causes of action arising out of any Memo to City Commission Page 2 operations or maintenance of the distribution system, facilities, equipment and vehicles due to negligence. The City Attorney has prepared the Ordinance and it was reviewed by staff and approved by Peoples Gas System. If you have any questions regarding this franchise agreement, please contact me at your convenience. Attachment CC01799-19 ORDINANCE NO. 2019- _ AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; GRANTING TO PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, A FLORIDA CORPORATION, A NONEXCLUSIVE FRANCHISE IN THE CITY OF AVENTURA; AUTHORIZING PEOPLES GAS SYSTEM TO USE THE PUBLIC RIGHTS-OF-WAY AND STREETS OF THE CITY, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING, OPERATING AND EXTENDING GAS LINES IN THE STREETS AND PUBLIC PLACES OF SAID CITY THEREON AND THEREUNDER; PROVIDING FOR A FRANCHISE FEE; PROVIDING THE TERMS AND CONDITIONS OF SUCH GRANT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Aventura finds that it continues to be in the public interest to ensure that all areas within its limits are adequately provided with high-quality and reliable gas service; and WHEREAS, the City of Aventura finds it in the public interest to retain control over the use of public rights-of-way by providers of gas to ensure against interference with the public convenience, to promote aesthetic considerations, to promote planned and efficient use of limited right-of-way space, and to protect the public investment of right-of-way property; and WHEREAS, the City of Aventura finds that the granting of nonexclusive franchises is the best means of assuring that the above-described interests of the City of Aventura are promoted; and WHEREAS, the City Commission desires to continue to grant a Franchise to Peoples Gas System, a division of Tampa Electric Company, a Florida Corporation, (the "Company") in place of the initial Franchise which was previously granted to Peoples Gas System by the City on October 2, 1996, pursuant to City Ordinance No. 96-19, as provided herein. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Sectionl. Recitals Adopted. The above recitals are hereby adopted and are incorporated herein. Section 2. Definitions. For the purpose of this ordinance, the following terms and words shall have the meaning given herein, as follows: City of Aventura Ordinance No. 2019-_ A. "Customer" shall mean any Person served by the Company within the corporate limits of the City. B. "City" shall mean the City of Aventura, in Miami-Dade County, Florida, and City's permitted successor and assigns. C. "Company" shall mean Peoples Gas System, a division of Tampa Electric Company, a Florida corporation, and its permitted successors and assigns. D. "Distribution System" shall mean any and all transmission pipe lines, main pipe lines and service lines, together with all tubes, traps, vents, vaults, manholes, meters, gauges, regulators, valves, conduits, attachments, structures and other appurtenances, as are used or useful in the sale, distribution, transportation or delivery of Natural Gas and as are situated within the corporate limits of the City. E. "Effective Date" shall mean the date this Franchise becomes Effective as described in Sections 23 and 27 below. F. "Franchise" or "Franchise Agreement" shall mean this Agreement, as passed and adopted by the City and accepted by the Company, as provided in Section 23 below. G. "FPSC" shall mean the Florida Public Service Commission or any successor agency. H. "Gross Revenues" shall mean all revenues (as defined by the Florida Public Service Commission) received by the Company from any Customer from the sale, transportation, distribution or delivery of Gas. "Person" shall mean any individual, firm, partnership, estate, corporation, company or other entity, including, but not limited to, any government entity. J. "Natural Gas" or "Gas" shall mean natural gas and/or manufactured gas and/or a mixture of gases which is distributed in pipes and measured by meter on the Customer's premise. It shall not mean propane gas or liquefied petroleum gas (commonly referred to as "bottled gas"). K. "Right-of-way" means any street, road, lane, highway, avenue, boulevard, alley, waterway, bridge, easement, public place or other right-of-way that is owned or controlled by the City. Page 2 of 9 City of Aventura Ordinance No. 2019- Section 3. Grant of Franchise. Permission is hereby granted Company to construct, erect, suspend, install, extend, renew, repair, maintain, operate and conduct within the limits of this franchise, a system for distribution of gas for all purposes whatsoever upon, along, under and over the public roads, streets, and rights-of-way of the City of Aventura. Section 4. Terms and Limits of Franchise. This franchise is granted for a period of 30 years from and after the October 1, 2011 scheduled expiration date of the initial franchise which was granted pursuant to Ordinance No. 96-19 (the "Initial Franchise"), and covers the following geographical area: The corporate limits of the City of Aventura as set forth in the Charter of the City of Aventura, as said description is amended from time to time. Company agrees that the limits of the franchise are subject to expansion or reduction by annexation and contraction of municipal boundaries and that Company has no vested right in a specific area. Section 5. Franchise Fee; Payments. In consideration of the rights, privileges and franchises herein granted, and to defray the cost of regulating the Company's activities under this franchise, the Company shall pay to the City annually a sum equal to six percent (6%) of the gross receipts of the Company from the sale of gas to residential, commercial and industrial customers within the corporate limits of the City. In the event the Company is granted a franchise from another Florida municipality or government entity that requires the Company to pay a franchise fee in excess of six percent, then the City shall be entitled to the higher franchise fee once it requests so in writing to the Company. Impositions by the City will not be credited to or deducted from the franchise fee. The annual payment shall be made to the City for each year that the permission granted herein is in effect and shall be made to the City in monthly installments, in lieu of the quarterly payment method which was used under the Initial Franchise. Payments shall be payable to the City of Aventura, Attention: Finance Department, during regular business hours of the City. Section 6. Transferability. The Company shall not sell or transfer any portion of its plant or Distribution System to another, nor transfer any rights under this franchise to another without City's prior written approval. The City Commission will not unreasonably withhold its consent to the transfer of this franchise. Notwithstanding the foregoing, Company may transfer or assign any portion of its plant or Distribution System or the franchise or any rights hereunder to its parent company or any other affiliate without City's prior approval. Company shall notify City of any such transfer or assignment. No such sale or transfer shall be effective until the vendee, assignee or lessee has filed with the City, Attention: City Manager, an instrument, duly executed, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise, and agreeing to perform all the conditions thereof. Section 7. Forfeiture of This Franchise. Failure by the Company to comply in any substantial respect with any of the provisions, terms, or requirements of this franchise shall result in a forfeiture. Said forfeiture shall be effective upon a finding by a court of competent jurisdiction that Company has substantially breached any of the provisions, Page 3 of 9 City of Aventura Ordinance No. 2019-_ terms or requirements of this franchise. Both the City and the Company reserve the right of appeal of such court findings. If it is the non-prevailing party, the Company shall have six months after the final determination of the question of breach to make restitution or make good the default or failure before forfeiture shall result. The City, at its discretion by and through its City administration, may grant additional time to the Company for restitution and compliance as deemed appropriate by the City. Section 8. Termination of Grant by Insolvency or Bankruptcy of Company. In the event of a final adjudication of bankruptcy of the Company, the City shall have full power and authority to terminate, revoke, and cancel any and all rights granted under the provisions of this Ordinance. Section 9. Hold Harmless. The City shall in no way be liable or responsible for any accident or damage which may occur due to the construction, location, relocation, operation or maintenance by the Company of the Distribution System, facilities, equipment and vehicles subject to the terms and conditions of this franchise. The Company hereby agrees to defend, indemnify, and to hold City harmless against any and all liability, loss, cost, damage or any expense connected with the Company's exercise of the rights or privileges provided hereunder, including a reasonable attorney's fee incurred in the defense of any type of court action related thereto, which may accrue to the City by reason of the negligence, default, other misconduct, strict liability or act or omission of the Company in its construction, location, relocation, operation or maintenance of the Distribution System, facilities, vehicles, or equipment subject to this franchise. Section 10. Review of Billing Records. City may, at its option and at its expense, and upon reasonable notice to the Company, at any time, examine the records of operations, accounting files, and books and records as such records relate to the calculation of the franchise fee payments to the City, as provided herein, and to proper performance of other terms of this franchise. The examination of such books, accounts, records or other materials necessary for determination of compliance with the terms, provisions and requirements of this franchise shall be during regular hours of business of the Company and at the Florida corporate offices of the Company. Section 11. Underground Installation. The Company shall install underground extensions of all distribution lines that the Company has determined are necessary or desirable in accordance with applicable law. Section 12. Successors and Assigns. Whenever in this Ordinance either the City or the Company is named or referred to, it shall be deemed to include the respective successor, successors or assigns of either, and all rights, privileges and obligations herein conferred shall bind and inure to the benefit of such successor, successors or assigns of the City or the Company. This shall not waive any restrictions against assignments. Page 4 of 9 City of Aventura Ordinance No. 2019- Section 13. Rates, Rules and Regulations. A. The Company shall provide gas service within the limits of this franchise on reasonable terms and conditions at just, reasonable and nondiscriminatory rates to all who request said service during the term of this franchise and thereafter, as required by law or by the FPSC or other duly constituted public regulatory body. B. Upon the written request of the City, the Company shall file with the City a complete set of rules and regulations and a complete set of tariffs or rate schedules under which gas service is provided under this franchise. The Company is subject to the rules and regulations of the FPSC. In the event that the FPSC, or other State regulatory agency, should be deprived of the authority to make rules and regulations governing the Company, then the City shall have the right to set rules. Upon the written request of City, Company shall also furnish any revisions of rules, regulations, and rates to the City. Section 14. Right to Operate. The Company is hereby further given, granted and vested with the right, authority, easement, privilege and franchise to construct, erect, suspend, install, extend, renew, repair, maintain, operate and conduct within the limits of this franchise fittings, appliances and appurtenances necessary or desirable to the transmission, distribution or sale of natural gas for all purposes whatsoever. The franchise herein granted apply in, over, under, along, upon and across all streets, avenues, alleys, ways, bridges and public places as they now exist or as they may hereafter be laid out or extended within the limits of this franchise, including the further right, privilege and franchise to construct, erect, suspend, install, extend, renew, repair and maintain and operate fittings and all appliances and appurtenances necessary or desirable to the generation and transmission within, unto, through, over and beyond the limits of this franchise and to the furnishing, supplying and distributing to said area and the inhabitants and gas consumers both within and beyond the limits thereof, of gas for all purposes for which gas energy may be used now or hereafter, and the right to extend lines and furnish gas energy beyond the limits of said franchise. The Distribution System facilities and associated equipment and vehicles shall be located or relocated, erected or operated so as to interfere as little as possible with vehicular and pedestrian traffic over, along and across said public rights-of-way, streets, alleys, bridges, and public places and with reasonable egress and ingress to abutting and adjoining property. Section 15. Proper Operation. The Distribution System, including all fittings, appliances and appurtenances shall be constructed in accordance with good engineering practices and so as not to unreasonably interfere with the proper use and appearance of the streets, avenues, alleys, ways, bridges, and public places in the franchise area and shall be maintained by Company in good condition and repair in accordance with FPSC requirements and applicable laws. Page5 of 9 City of Aventura Ordinance No. 2019- Section 16. Excavation, Maintenance and Restoration. Construction plans shall be submitted by the Company and an engineering construction permit shall be obtained from the Public Works & Transportation Department Director, prior to the Company causing any opening or alteration to be made in any of the streets, avenues, alleys, ways, bridges or public places within the franchise area for the purpose of installing, maintaining, operating or repairing any fittings, appliances and appurtenances or other components of the Distribution System. The Company's work under this franchise shall be done in accordance with applicable laws. The Company shall replace or properly re- lay and repair any sidewalk, street, lawn, landscaping or swale that may be displaced by reason of such work. Whenever the Company shall cause any opening or alteration to be made in any of the streets or public places within the franchise area for the purpose of installing, maintaining, operating or repairing any equipment or component of the Distribution System, such work shall be completed at the Company's expense within a reasonable time and the Company shall upon the completion of such work restore such portion of the streets or other public places to as good or better condition as it was before the opening or alteration was so made and will promptly remove any debris. Upon failure of the Company to perform said repair or restoration, after ten (10) days' notice provided in writing by the City to the Company, the City may repair such portions of the sidewalk, street, lawn, landscaping or swale that may have been disturbed by the Company and collect the cost so incurred from the Company. The City shall promptly provide to the Company all permits, licenses and other authorizations applied for and reasonably necessary for the purpose of installing, maintaining, operating and repairing the system and facilities. If the City shall require the Company to adapt or conform its mains, service pipe or other appurtenances, or in any way alter, relocate or change its property to enable any other private person or corporation to use said street, alleys, easements or public places, the Company shall be reimbursed by the private person or corporation desiring or occasioning such change for any loss, cost or expense directly caused by or arising out of such change, alteration or relocation of the Company's property. Section 17. Interruption of Service. In the event the supply of gas should be interrupted or fail by reason of any cause beyond the control of the Company, the Company shall, at its own expense, restore the service within a reasonable time and such interruption shall not constitute a breach of this franchise nor shall the Company be liable for any loss or damages by reason of such interruption or failure. Failure to restore service within a reasonable time shall be a material breach of this franchise. Any substantial outage caused by the gross negligence or willful act of Company shall be a material breach of this franchise. Section 18. Metering of Service. The Company shall install and maintain meters for measuring gas use, and shall have free access to the premises of the consumer, from time to time, for the purpose of reading, repairing, testing and maintaining the meters and appurtenances. Such meters shall remain the property of the Company. Page 6 of 9 City of Aventura Ordinance No. 2019-_ Section 19. Complaints. All complaints shall be resolved by Company in accordance with the FPSC rules and regulations. Section 20. fReserved.l Section 21. City's Right to Regulate Use of Streets Not Abrogated. Nothing in this Ordinance shall be construed as a surrender by the City of its right or power to pass ordinances regulating the use of its streets in accordance with City's police powers or property rights. Section 22. City's Covenant. As a further consideration for this Franchise Agreement, the City covenants and agrees that it will not, during the term of this Franchise Agreement or any extension thereof, engage in the business of distributing or selling Natural Gas within the corporate limits of the City, as modified, during the term of this Franchise Agreement. Section 23. Written Acceptance by Company. The Company, its successors or assigns, shall, within 30 days after this Ordinance is adopted, file a written acceptance of the Ordinance with the City Clerk. Section 24. Repeal. All ordinances or parts of ordinances insofar as they are in conflict with the provisions of this Ordinance are hereby repealed to the extent of such conflict. Once effective, this Ordinance shall supersede Ordinance No. 96-19 on the same subject. Section 25. 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 26. Inclusion in Code. This Ordinance shall be codified as part of the Appendix of the City Code. Section 27. Effective Date. Subject to satisfaction of Section 23 above, this Ordinance shall take effect immediately upon adoption on second reading and shall be effective retroactively from and after the October 1, 2011 scheduled expiration date of the Initial Franchise which was previously granted pursuant to Ordinance No. 96-19. Page 7 of 9 City of Aventura Ordinance No. 2019- 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 Robert Shelley Commissioner Howard Weinberg 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 Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED on first reading this 7th day of May, 2019. PASSED AND ADOPTED on second reading on this 11th day of June, 2019. Page 8 of 9 City of Aventura Ordinance No. 2019- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 9 of 9 CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager �- BY: Brian K. Raducci, Finance Director DATE: May 3, 2019 SUBJECT: Ordinance Amending 2018/19 Charter School Fund (ACES) Budget 1st Reading May 7, 2019 City Commission Meeting Agenda Item 2%3 if rd Reading June 11, 2019 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance amending the 2018/19 Charter School Fund (ACES) Budget. The total amount of the amendment is $204,246. BACKGROUND The attached document has been prepared to recognize unanticipated revenues and related expenditures as follows: • $36,642 associated with a Florida Department of Education ("FDOE") Educational Facilities Security Grant which was submitted in December of 2018. This grant is associated with improving the physical safety and security of the school facility. The grant application was approved by the City Commission on November 13, 2018 (Resolution No. 2018-95) and our Principal was recently informed that the grant will be placed on the School Board's May agenda to formally approve the allocated funds for disbursement. The related expenditures will be reflected in various accounts under the 4-8 Basic and School Administration categories totaling $36,642. • $25,994 associated with an FDOE Student Support and Academic Enrichment Grant in order to: o Provide students with access to a well-rounded education o Improve safe and healthy school conditions for student learning; and o Improve the use of technology in order to improve the academic achievement and digital literacy of all students 1 The grant application was approved by the City Commission on February 7, 2019 (Resolution No. 2019-14) and our Principal was recently informed that once all of the pending information is received and reviewed from the participating schools, it is expected that the grant funds should be dispersed within the next few weeks. It appears that our grant application has been accepted since we were not required to make any revisions to it. The related expenditure accounts will be reflected under Operation of Plant— Contingency totaling $25,994. • $32,000 (estimate) in funds for the School Resource Officer Allocation that was made available in the wake of the tragic shooting at Marjory Stoneman Douglas High School. The Florida Legislature passed and Governor Rick Scott signed SB 7026, the Marjory Stoneman Douglas High School Public Safety Act which outlined significant reforms to make Florida schools safer. The related expenditure account for a portion of the School Resource Officer's cost will be reflected under Operation of Plant — Other Support Personnel in the amount of $32,000. • $109,610 associated with the State of Florida's Best and Brightest Teacher Scholarship Program which rewards classroom teachers who have been evaluated as highly effective and who have earned college entrance scores on the SAT or ACT at or above the 80th percentile. The related expenditure accounts will be reflected under the K-3 Basic, 4-8 Basic and School Administration categories— Bonuses totaling $109,610. If you should have any questions related to this memorandum, please feel free to contact the City Manager. BKR/bkr 2 ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AMENDING ORDINANCE NO. 2018-07, WHICH ORDINANCE ADOPTED A CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2018/2019 (JULY 1 — JUNE 30) BY REVISING THE 2018/2019 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 2018/2019 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. 2018-07, which Ordinance adopted a budget for the 2018/2019 fiscal year for the Aventura City of Excellence School by revising the 2018/2019 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. 2019-_ 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 Robert Shelley Commissioner Howard Weinberg 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 Robert Shelley _ Commissioner Howard Weinberg Mayor Enid Weisman _ Page 2 of 3 City of Aventura Ordinance No. 2019-_ PASSED on first reading this 7th day of May, 2019. PASSED AND ADOPTED on second reading this 11th day of June, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A FY 2018/19 Budget Amendments CHARTER SCHOOL FUND(190) SCHOOL 2018119 2018/19 2018/19 BJECT REV/OBJ ADOPTED AMENDED REVISED ODE CODE CATEGORY/DESCRIPTION BUDGET AMOUNT BUDGET Revenues State Shared Revenues: 3316000 0000 FDOE Educational Facilities Security Grant $ S 36,642 $ 36,642 3316000 0000 FDOE Student Support&Acad Enrich Grant 25,994 25,994 3359100 3310 School Resource Officer Allocation 7272 000 32,000 7,304,000 3359301 3363 Best&Brightest 109,610 109,610 Subtotal $ 7,272,000 $ 204,246 $ 7,476,246 Total Amendments-Revenues $ 204,246 �1 Expenditures I 190-6001-569 -K-3 Basic 5101 Personnel Services 1502 291 Bonuses S 48.000 S 30,657 S 84,657 Total K-3 Basic 5101 $ 48,000 $ 36,657 $ 84,657 190-6002-569-4-8 Basic 5102 Personnel Services 1502 291 Bonuses $ 60,000 $ 68,953 $ 128,953 Subtotal $ 60,000 $ 68,953 $ 128,953 Operating Expenditures 4001 330 Travel/Conferences/Training $ 7,000 $ 4,400 $ 11,400 5290 590 Other Mat'l&Supply 60,000 4,000 64,000 5411 520 Textbooks 95,000 12,058 107,058 Subtotal $ 162,000 $ 20,458 $ 182,458 Total 4-8 Basic 5102 $ 222,000 S 89,411 $ 311,411 190-6006-569-School Administration 7300 Personnel Services 1502 291 Bonuses $ 6,500 $ 4,000 $ 10,500 Subtotal $ 6,500 $ 4,000 $ 10,500 1 Operating Expenditures 4001 330 Travel/Conferences/Training $ 12,000 $ 3,000 $ 15,000 4856 790 Special Events 140,000 2,536 142,536 Subtotal $ 152,000 $ 5,536 $ 157,536 Total School Administration 7300 $ 158,600 $ 9,536 $ 168,036 190-6008-569-Operation of Plant 7900 Personnel Services 1260 160 Other Support Personnel $ 30,495 $ 32,000 $ 62,495 Subtotal $ 30,495 $ 32,000 $ 62,495 Other Uses 5901 790 Contingency $ 85,000 $ 36,642 $ 121,642 SUBTOTAL $ 85,000 $ 36,642 $ 121,642 Total Operation of Plant 7900 $ 115,495 $ 68,642 $ 184,137 Total Amendments-Expenditures $ 204,246 0 0 Page 1 of 1 CITY OF AVENTURA COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDUM TO: City Commission / FROM: Ronald J. Wasso as City Manager BY: Joanne Carr, AIC Community Development Director DATE: March 28, 2019 SUBJECT: Proposed Amendment to City Code Chapter 31, Article XII, Nonconforming Uses and Structures to add exemption for improvement of Assisted Living Facilities (02-LDR-19) April 2, 2019 Local Planning Agency Agenda Item S April 2, 2019 City Commission Meeting Agenda Item j May 7, 2019 City Commission Meeting Agenda Item 3.4 RECOMMENDATION As discussed at the City Commission workshop meeting of February 21, 2019, the attached ordinance is presented for recommendation by the Local Planning Agency and approval by the City Commission of a request to amend Section 31-272 "Expansion of nonconforming use or structure" and Section 31-276 "Alteration or enlargement of nonconforming structure" to add an exemption for alteration or enlargement of a lawfully nonconforming Assisted Living Facility uses or structures. THE REQUEST Imperial Club, LP, is requesting an amendment to the Nonconforming Uses and Structures Article in the City's Land Development Regulations to permit alteration and enlargement of an existing Assisted Living Facility at 2751 NE 183 Street, City of Aventura. The applicant's letter of intent is attached as Exhibit#1 to this staff report. BACKGROUND The new owner of the Imperial Club Assisted Living Facility oh NE 183 Street proposes to upgrade the exterior and interior of the building. The exterior improvements include painting, porte-cochere and signage. Interior improvements include removal and enclosure of the existing outdoor pool area to provide a new common area and amenities for the ALF residents. The property is zoned 62, Community Business District. An Assisted Living Facility is not a permitted use in this district. The building was constructed under Miami-Dade County Code approval, prior to incorporation of the City's Land Development Regulations. The use is considered legal nonconforming. Article XII of the City Code regulates nonconforming uses and structures. It provides that a nonconforming structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of the Land Development Regulations, that is, on July 13, 1999, unless approved as a conditional use with the specific conditions listed in Section 31-276. This property cannot meet those specific conditions; therefore, the current regulation would not permit the proposed enclosure of the outdoor pool area for use as resident amenities. The applicant is requesting an amendment to Article XII of the City's Land Development Regulations to exempt alteration or enlargement of a lawfully nonconforming Assisted Living Facility use or structure, where the alteration or enlargement is limited to common areas and amenities for the Assisted Living Facility only and does not increase the number of beds, number of employees and/or building height. DESCRIPTION OF THE PROPOSED AMENDMENT The proposed amendment to the Nonconforming Uses and Structures regulation in the Land Development Regulations follows in underlined text: "ARTICLE XII. - NONCONFORMING USES AND STRUCTURES Sec. 31-271. - Purpose and scope. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Many non- conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter. 2 Sec. 31-272. - Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31- 3(b)(2).or as provided in this Article. Sec. 31-276. - Alteration or enlargement of nonconforming structure. (a) Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: (1)The enlargement or alteration itself conforms to the requirements of these regulations; and (2) The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and (3)The use of the structure is conforming; and (4) The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs. (b) This section shall not bar an alteration or enlargement which is authorized by subsection 31-3(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested. (c) This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALF) use or structure, existing at the date of adoption of this section (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height. ANALYSIS Staff provides the following analysis of the request using the standards for reviewing proposed amendments to the text of the Land Development Regulations contained in Section 31-77(g) of the City Code. 1. The proposed amendment is legally required. The proposed amendment is legally required to implement the requested revision to the Code. 3 2. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan, specifically, Objective 1 and its measure of the Land Use Goal in the Future Land Use Element which states that "the Land Development Regulations shall provide a cohesive blueprint for development and redevelopment of the City that accommodates growth while maintaining the integrity of the built and natural environment." The measure of Objective 1 above is incorporation of policy provisions in to the Land Development Regulations. This amendment incorporates a policy decision for alteration or enlargement of existing, lawfully nonconforming Assisted Living Facility uses and structures. 3. The proposed amendment is consistent with the authority and purpose of the LDRs. The proposed amendment is consistent with the authority and purpose of the Land Development Regulations. The purpose of the LDRs is to implement further the Comprehensive Plan of the City by establishing regulations, procedures and standards for review and approval of all development and uses of land and water in the City. 4. The proposed amendment furthers the orderly development of the City. The proposed amendment furthers the orderly development of the City, for the reason provided in Paragraph 3 above. 5. The proposed amendment improves the administration or execution of the development process. The proposed amendment improves the administration or execution of the development process in that it provides for regulation and a process by which to approve alterations or enlargements of existing, legally nonconforming Assisted Living Facilities under the conditions described in the amendment. 4 11/ BERCOW RADELL FLrRNANDEZ & LARKIN ZONING, LANG USE ANID ENVIRONMENTAL LAW DIRECT LINE:(305)377-6238 EMall: rmazerotthERZoninalaW.com VIA HAND DELIVERY � .f. "�.,.�..? March 8,2019 -• t , j 9 Joanne Carr,Planning Director nrc\ City of tura 19200 WestCountry Country Club Drive,4th Floor Aventura,Florida 33180 Re: Imperial Club - Text Amendment for Nonconforming ALF Buildings in the City Dear Joanne: This law that represents Imperial Club, LP with regard to the improvements and redevelopment of the Imperial Club at 2751 NE 183th Street (the "Property"). This letter shall serve as the Applicant's letter of intent for an amendment to the City's land development regulations (LDRs). The proposed amendment would allow nonconforming assisted living facilities (ALFs) that were developed under the Miami-Dade County Code to make improvements to their common and amenity areas,so long as they do not increase the amount of units in the buildings. The Property and Proposal. The Property is a 1.37 acres parcel and is zoned B-2. Currently, the Imperial Club senior housing and ALF building constructed in 1986 sits on the Property. The proposed improvements to the Property includes the conversion of the pool area (which is heavily underutilized today) into more useable amenity and common area space. These proposed new uses will include fitness facilities, improved dining areas, meeting areas and a media room. In order to facilitate the development of these improved areas for the building, the proposed code amendment will be required. Such language can read as follows,in the LDRs: 31-276: Exhibit #1 02-LDR-19 SOURIFAST FINANCIAL GERBER ER.200 SOUTH BISCAYNE BOULEVARD,SDNE.60•N.M.. ROMA 33131 Fl DIF.306.3)43300.RVL 303.877.0222.W W WSRZ0I WOLAW.COM Ms.Joanne Carr March 8,2019 Page 2 of 3 Sec.31-276.-Alteration or enlargement of nonconforming structure. (a) Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that (1)The enlargement or alteration itself conforms to the requirements of these regulations;and (2) The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and (3)The use of the structure is conforming;and (4) The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs. (b) This section shall not bar an alteration or enlargement which is authorized by subsection 31-3(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested. (c) This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALF) structure, existing at the date of adoption of this paragraph (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height. Settion 33-77(g) of the City Code provides standards that staff and the City Commission shall consider when reviewing proposed amendments to the text of the City's Land Development Regulations (the "LDRs"). The Applicant's request addresses each of the standards as follows: (1) The proposed amendment is legally required. In order for the Imperial Club to improve as envisioned, the proposed amendment to the LDRs must be approved and is thus required. (2) The proposed amendment is consistent with the goals and objectives of the Comprehensive Plan. BERCOW RADELL FEERNANDEZ t5r LARKIN ZONING. LANO USE ANO ENVIRONMENTAL LAW Ms.Joanne Can March 8,2019 Page 3 of 3 The proposed changes are consistent with the goals and objectives of the Comprehensive Plan,specifically the Business and Office designation (3) The proposed amendment is consistent with the authority and purpose of the LIM. The proposed amendment is consistent with the authority and purpose of the LDRs,as described in Section 31-2 of the City Code. Specifically, the intensity of any uses impacted by this code amendment will not be affected because units cannot be increased. (4) The proposed amendment furthers the orderly development of the City. The proposed amendment certainly furthers the orderly development of the City. It allows existing ALFs that were approved under the Miami-Dade County Code to be improved and provide better services for residents of these facilities. (5) The proposed amendment improves the administration or execution of the development process. Since the uses being proposed are consistent with the goals and objectives of the comprehensive plan, the approval of the amendment will improve the administration or execution of the development process. Otherwise, ALFs which were developed a few decades prior will not be able to undergo reasonable improvements. Conclusion For all the foregoing reasons, the applicant respectfully requests your departments favorable review and recommendation of this application. Should you have any questions, comments, or require additional information, please do not hesitate to phone my direct line at(305)377-6238. Sincerely, r nrik- Michael J. Marrero cc: David Wolpin,City Attorney BERCOW RADGLL FORNANDfZ & LARKIN ZONINGS, LgNo USE ANC. ENVIRONMENTAL LAW APPLICANT REPRESENTATIVE AFFIDAVIT • Renal R&e1m31-710I(2)0ydf C dAnh .L.dOemlymetCo BR ARRcu Repaesa.Midi*h hnI msdeW sambal.The uedetlpndNAMBed repetwilske of Be BOMBS a Amity appblc H Ne DaadoPawr FostvAal is IdaiM&h the exmpaMinp FPPINFIVA NM MIwdtla PRAM BOW*Bs Aga WdIEnd)hush,ENs and Wain el pass tenselles DeMeidual ot entry appbte b M Dwtlopned Penal h cawedbn th Be appestL m Tatar Name Relationship pa amen Aroma LenWtpa Amtbol&Enabler&Lobbyists,Em• ) )AA 4- it.�iP 1 :illl l t' I• Qil1��. ria r (&tach MMEpnal Meals B Necessary) NOTICE: ANT STATEMENT OR REPRESENTATION MADE BY ANY PERSON LISTED ON THE APPLCANT REPRESENTATIVE AFFIDAVIT SHALL BE GOING UPON THE NNNVIOUAL OR ENTRY APPLYING FOR THE DEVELOPMENT PERMIT AND THE OWNER OF THE SUBJECT PROPERTY. APPLICANTS AND AFFIANTS ARE ABASED TO TIMELY SUPPLEMENT THIS AFFIDAVIT PURSUANT To SEC 11.71 OF THE OTYS LAND DEVFLOgEM REGULATIONS IN BE CITY CODE,IN TME EVENT THAT PRIOR TO CONSIDERATION OF THE APPUCAflON BY THE OTY BOARD OR COMMISSION. THE INPoRMMION PROVIDED IN THE AFFIDAVIT BECOMES INCORRECTOR INCOMPLETE. WRNESS TB HAND THIS � DAY OF M6 T ,20 1 AUTIIORREO REP RE 1 THE OF APPLICANT: OWNER BF BY-�/'(`?(y�' �'���� Remit t�Vhntf Lr1 h�rn Ff�;%G Name: L/f�PaTd/ ✓S Cs, �mi L Tea 41tc(�lLf Taw Yo. r,C p AtlMBK:<f{JU lSiiic<.JA+ D 7e y I _ AdaG�4o 6��1r. e ) k' - MI.,m, Ft ? ;/11 214'o.pA,, 7id ;rtt9 STATEOF FLORIDA ) COUNTY OFWAMFDAOE) Bebe me the understate mutely Koons bppwW J. t�;ri .wm it!I,t I p He Ma rapwmadlSe d the Applicant sitr Vie pew d the smeary eW}d b the applcl bt, who being Esat by me duVpNaMdswear or atm Ihd lithe executed Hs WWI far M persons Sad tae and RW eh Nue andndcorral. SWORN TOC SUBSCRIBED BEFORE ME d6J,Jpyj j,AF��f}a/1ANNT6_—_—{ e„0- ' ,WA BFJ=yr,b� JLdoYtlPlhk SUla oF,sS,.......". ••• MyDwm6dm wpiae. +YYlac sOf fE _ • TENNESSEE MY Commission Ellpkoi 4.an December27,2022 CO:,;((‘ BUSINESS RELATIONSHIP AFFIDAVIT" as owns*puna b Sera 314lln/*d M a/d Aran lab Ordaenads iiirirraireIrl labs&dm Mr ro/ AtMMnNtl J-�M1/f. /Jul4eru Mr mamaeMCly flare rwbi Merl M.eawa OM gnat MS s4 prnn It Mrl Msbrdkdem YIa..t •Bar IY .a4srrad M ab O.rrrra ar AMrr Dar bird rrllrrllM moat is Mir /ta oar d raradrr r *May SS SOW Ma is n r /b Obaladst aabMdylraw slMaasAersr.W. /Mrba dM Asa ligilleiyaISM III drama Y ISM a lad W al mu*Wow rem d lb d bYWr uyrM III daMoir r Ss ply drrdwsl&Or=Mr brarer t ddaM k a utejsr WI 1M k/�ppp�el IlirMso rlb card a noir/Ma OrCeara sWr or CIS Pabtabn OM%br M us sine M 4 rr Meru nr spur drub Camra r Ma Ib. Aa/aoobbdarci rnbrb sand M frame AMNdr Ilr. AsMtr I* ara•nalmrssM dn.aS CINNIii Irrolle el Me ataCine rMrale làa earn aarradnbryu; Argy M Sr mar&Ild roam 12401.111dsbubrn.rkyr+rlruarMb sMMr rd Mr.n MIII®YYIWlallll_Wa xwnwr sa yyl�pp nTWS11YIWO11115 IS'I war 4/_. PROPER , bit pwst ala . •I /lbw it r'.nt• t nU.P litMnS•gibin *Seen Met nb%•nue am'NgbL"Mgae rddn•u/ls.ae/bra'Ng R6ad b STATE OF FLORIDA COUNTY OF MIAMI-DADE A The foregoing was acknowledged before me this d. of N 1�� 2019,by c) •La 111aatatA who is personally . ii`r .r has produced as identification. • (Notary Pub "c _eN Notary Public Mob dFlorida gYMyrammlnionfFPM1l r Expires O4/102010 WITNESS MY HND THIS_DAY OF RD. REPRE (Listed on Business Relationship Wave) • ,e�I� I� �gigAtaue) By: (S o se Nanr/'r!C4f/ J MGrYAiNt Naos: (Pfil) Tit i -, rna Pend T6x PEW By: �� . (Signature) BY: Airidure essiose- Nemo: „IVo 1.- -rn I $In) Name. ryty) TMs: TTfc 41 RIF r f (AM) TMs: /Riga BY (S4rnease) By /SInahn Name: (RM) Nems IRO) Ttlte: IMSW TRIM FW/10 BY (5'9rohad BY: (Sxymeae Tisa: __PRO TIUs (FMB The: (Hing The: Into BY: (tense) BY:.. _ _ 092altife 111M: /ThW The: (Prig) it OW T e: (Pried By lSglMae) BY: (Vise Me: (Priv) It (hid it MIMI I The:_ (RMI NOTE 1) Use duplicate sheets B disclosure hdormationfor Representative varies 2)Applicants and AFRants are advised to timely supplement this Affidavit pursuant to Sec.31-71(b)(2)(ir)of the City's Land Development Regulations in the City Cada in the event that prior to consideration of the application by the City Board or Commission,the information provided In the Affidavit becomes incorrect or incomplete. • DATE OFflOLLb ) NOTARIZATION PROVISO; CdWY OFABONDADE) ibrrripop iedash p.Pwsoaaawa frkji- d MAreA'%Mhtro Yaw. aaSppSAiwp bhlwpwuW�tlbWnsdYAbNwM((ant // aNaolA abawrwtlfeYM51e .- MOM TOM0 SBpCBlEO banes W tiaye/j`Or .B� ft z_ 1 u01p_ YS.ea(N yy . rani +v"�w, owl'r3wm laoerwbeb+aptre- „ D�F( �d�J" Elvin 04/24/80111 MV Cosinisalon n STATE OFFAOAh ) - - - ---- OSMYOFISOADE) Oka Y YU 001801 lo*.Puma*aPwM LI,lin?"let Ile ma MY "'Ca" wep Nemaw WwIS MS* aaobp EUANS�i tr * 1PeNf k4S ad tab Inn ad meet rf mI"• a . ....AN09NNMAEDbbrm 0 Aae)1`EKU.p. A r,�V' e.ePm Stay. Lt.t( . W0pMIKnee s Nww!M Y .._ ::J p1EPita Tbpb1NEaNNpbB SOITEOFFl ) QTY MUMMAA -DADE) pebAA Ym *.I5aay.psaw4 wp.sa - h Ai&who bag,Ya no ~MI "Skit ousel Itittrb pwaasiblSbri ry YAb h W rarer _ SNOW/0 AID SUBSCRIFED Skins b_ .eget _ _ .OP. biyPtlehls al RonSMlip PiSdM .S try -- ___ Myaabtloe yfri. _ _ STATE OF ROMA ) COUNTY OFllsa. I ien h aheyw ma*peseta pwrr-_ - Yana ambbop Aril ma aaYtlInmsl bribe pwpasW Wed tali 801081110 Seal owed AAusbn,Blarw w arm Y belt" 811010110 AND XINCRIIE0 babe my his -dye _ - .TD, Miry Mt Xis dFbIMMIapo Nasalise lMarl - _ ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING ARTICLE XII, "NONCONFORMING USES AND STRUCTURES," OF CHAPTER 31, "LAND DEVELOPMENT REGULATIONS" OF THE CITY CODE TO ADD REGULATION FOR ALTERATION OR ENLARGEMENT OF LAWFULLY NONCONFORMING ASSISTED LIVING FACILITY (ALF) USES OR STRUCTURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission desires to add regulation for alteration or enlargement of lawfully nonconforming Assisted Living Facility uses or structures to Article XII, "Nonconforming Uses and Structures," of Chapter 31 of the City Code; and WHEREAS, the City Commission has been designated as the Local Planning Agency for the City pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the City Commission, in its capacity as the Local Planning Agency, has reviewed the proposed amendments to the City Code pursuant to the required public hearing and has recommended approval of this Ordinance; and WHEREAS, the City Commission has reviewed the proposed amendments, and finds that it is in the best interests of the public to amend the City Code as set forth in this Ordinance; and WHEREAS, the City Commission has held the required public hearings, duly noticed in accordance with law; and WHEREAS, the City Commission has reviewed the action set forth in the Ordinance and has determined that such action is consistent with the Comprehensive Plan. City of Aventura Ordinance No.2019- NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT1: Section 1. Recitals. The foregoing whereas clauses are hereby ratified and incorporated within this Ordinance. Section 2. City Code Amended. That Article XII, "Nonconforming Uses and Structures," Section 31-272 - "Expansion of nonconforming use or structure." and Section 31-276 - "Alteration or enlargement of nonconforming structure." of Chapter 31 "Land Development Regulations" of the City Code are hereby amended to read as follows: "ARTICLE XII. - NONCONFORMING USES AND STRUCTURES Sec. 31-271. - Purpose and scope. The purpose of this chapter is to regulate and limit the development and continued existence of uses, structures, and lawful lots established prior to the effective date of these LDRs which do not conform to the requirements of these LDRs. Many non- conformities may continue, but the provisions of this chapter are designed to curtail substantial investment in nonconformities and to bring about their eventual improvement or elimination in order to preserve the integrity of these regulations and the character of the City. Any nonconforming use, structure, or lot which lawfully existed as of the effective date of these LDRs and which remains nonconforming, and any use, structure, or lot which has become nonconforming as a result of the adoption of these LDRs or any subsequent amendment to these LDRs may be continued or maintained only in accordance with the terms of this chapter. Sec. 31-272. - Expansion of nonconforming use or structure. A nonconforming use or structure shall not be expanded or extended beyond the floor area or lot area that it occupied on the effective date of these LDRs or the effective date of any amendment to these LDRs rendering such use nonconforming, except as provided for development determined to have vested rights pursuant to subsection 31- 3(b)(2)- or as provided in this Article. ' Underlined provisions constitute proposed additions to existing text of City Code; stricken-through provisions indicate proposed deletions from existing text of City Code. Page 2 of 5 City of Aventura Ordinance No.2019- Sec. 31-276. -Alteration or enlargement of nonconforming structure. (a) Except as provided in this section, a nonconforming structure shall not be enlarged in any manner or undergo any structural alteration unless to make it a conforming structure. Such alteration or enlargement may be permitted provided that: (1)The enlargement or alteration itself conforms to the requirements of these regulations; and (2) The total structure as enlarged or altered does not diminish the total required yard area or exceed the maximum density or intensity limit for the applicable district; and (3)The use of the structure is conforming; and (4) The property owner or developer secures conditional use approval for the enlargement or addition in accordance with the procedures in these LDRs. (b) This section shall not bar an alteration or enlargement which is authorized by subsection 31-3(2)b., concerning vested rights, under those circumstances in which the right to alter or enlarge an existing lawfully nonconforming structure is vested. (c) This section shall not bar an alteration or enlargement of a lawfully nonconforming Assisted Living Facility (ALF) use or structure existing at the date of adoption of this section (c), where such alteration or enlargement is limited to common areas and amenities for the ALF only and does not increase the number of beds, number of employees and/or building height. Section 3. 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 4. Inclusion in the Code. It is the intention of the City Commission, and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of the City of Aventura; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Page 3 of 5 City of Aventura Ordinance No. 2019- Section 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Mezrahi, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes 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 Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED on first reading this 2nd day of April, 2019. PASSED AND ADOPTED on second reading this 7th day of May, 2019. Page 4 of 5 City of Aventura Ordinance No. 2019- ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 5 of 5 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: April 5, 2019 SUBJECT: Ordinance Adopting 2019/2020 Charter School Fund Budget 1't Reading April 11, 2019 City Commission Meeting Agenda Item d- 2nd Reading May 7, 2019 City Commission Meeting Agenda Item 9,5 RECOMMENDATION It is recommended that the City Commission approve the attached Ordinance adopting the 2019/2020 Charter School Fund Budget. The School Advisory Committee will review the document on April 8, 2019 and is expected to adopt a motion to recommend approval. The document will be reviewed in detail at the April 11, 2019 Commission Meeting. If you have any questions, please feel free to contact me. RJW/act Attachment CC01795-19 ORDINANCE NO. 2019- 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 2019/2020 (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 2019/2020 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. 2019- 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, 2019 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 2019/2020 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.2019- 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 Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes 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 Robert Shelley _ Commissioner Howard Weinberg Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2019- PASSED AND ADOPTED on first reading this 11th day of April, 2019. PASSED AND ADOPTED on second reading this 7th day of May, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 r di • Ile r4 City oAventura Ave ntu ra pity of Excellence School �� Charter Schooi Budget FISCAL YEAR 2019/2020 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND BUDGET FISCAL YEAR 2019/2020 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 Ronald J. Wasson Principal Julie Alm Assistant Principals Leslie Lee Jorge Paz Anthony Tyrkala Administrative and Educational Services Provided by: Charter Schools USA i FXCQLENa SCI W- THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND BUDGET FISCAL YEAR 2019/2020 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 PupilTransit Services 7800..................................................................................................................24 Operationof Plant 7900........................................................................................................................25 Child Care Supervision 9102................................................................................................................26 CapitalOutlay 7400 ..............................................................................................................................27 AdoptingOrdinance..................................................................................................................................29-33 i �' C(QLEVE SOW- THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK ] 5} (C_"4 _ CT" City ofAventura `� Government Center ACES ° ext 19200 West Country Club Drive CuCs nt9 comm'"'l` Aventura, Florida 33180 Office of the City Manager April 4, 2019 The Honorable Mayor and City Commission Aventura City of Excellence School Board of Directors City of Aventura Aventura, Florida 33180 RE: 2019/20 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, 2019, for your review and consideration. This budget document represents the 17th 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 its 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 its 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. Although the operating budget increased by $148,800 or 1.59%, the overall budgeted expenditures decreased by $360,580 or 3.50%, primarily due to net impact of the following; a reduction of nearly $510,000 in capital outlay due to the completion of one-time major capital costs in the prior year (i.e., Middle School roof repairs); and increases in personnel i services to fund salary increases consistent with the previously adopted performance pay plan and one (1) new instructional staff position. The budget provides funding for lease payments to the City to satisfy long-term financing costs related to the construction of the elementary school wing. Based on anticipated actions at the State level, the FTE revenues are budgeted to increase by 2% over the current year-end projection. The following items represent important highlights in the 2019/20 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 (1) additional instructional staff position (i.e., Intervention Specialist) is proposed to service the Exceptional Education Students ("ESE") and the Response to Intervention Students ("RTI"). We have not added a position to the literacy in over five (5) years while the number of ESE and RTI students has grown from 24 to 79 and from 52 to 144, respectively over the same time. Based on current staff levels, the amount of intervention that can be consistently provided is limited in reading and formalized in math for only the first and second grade. This would be a 10-month full-time position to be funded out of the 4-8 instructional category. • Cultivating Critical Thinking — A one-to-one computing environment is provided to all fifth through eighth grade students. Students have the opportunity to collaborate through authentic integration of online creation tools. Through these means students acquire 21St century skills that are essential for success in the growing global society. Students' access to a continually enhanced wireless infrastructure ensures reliable and efficient availability to instructional resources. Summary of All Budgetary Funds The total proposed budget for 2019/20, including all operating and capital outlay, is $9,949,500 and is broken down into the following categories: • Personnel Services — $6,355,376 or 63.88% • Operating Expenditures — $2,618,124 or 26.31% • Other Uses — $535,000 or 5.38% (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 — $441,000 or 4.43% Other Uses Capital Outlay 5.38% 4.43% Operating Expenditures 26.31% Personnel Services 63.88% 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 decreased by $360,580 or 3.50%, respectively. Charter School Budget Category Summary Increase 2018/19 2019/20 (Decrease) %Change Revenues State Shared Revenues $ 8,251,450 $ 8,407,500 $ 156,050 1.89% Charges for Services 500,000 520,000 20,000 4.00% Miscellaneous Income 601,000 607,000 6,000 1.00% Other Non-Revenues 957,630 415,000 (542,630) -56.66% Total Revenues $ 10,310,080 $ 9,949,500 $ (360,580) -3.50% Expenditures K-3 Basic 5101 $ 2,385,882 $ 2,428,030 $ 42,148 1.77% 4-8 Basic 5102 3,088,951 3,126,932 37,981 1.23% Exceptional Student Program 5250 246,760 252,230 5,470 2.22% Substitute Teachers 5901 131,596 139,421 7,825 5.95% Instructional Media Services 6200 77,957 79,346 1,389 1.78% School Administration 7300 1,118,784 1,142,684 23,900 2.14% Pupil Transit Services 7800 205,200 205,200 - 0.00% Operation of Plant 7900 1,954,570 1,984,657 30,087 1.54% Child Care Supervision 9102 150,000 150,000 - 0.00% Capital Outlay 7400 950,380 441,000 (509,380) -53.60% Total Expenditures $ 10,310,080 $ 9,949,500 $ (360,580) -3.50% 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 State Shared Charges for Services Revenues 5.23% 84.50% Miscellaneous Income 6.10% Other Non- Revenues 4.17% III Charter School Fund Budget Expenditures Substitute Teachers 5901 Instructional Media Exceptional Student, 1.40% Services 6200 Program 5250 \ 0.80% Pupil Transit 2.54% School Services 7800 Administration 7300 2.06% 11.48% 4-8 Basic 5102 Operation of Plant 31.43% 7900 k, 19.95 K-3 Basic 5101 24.40% Child Care Supervision 9102 1.51 Capital Outlay 7400 4.43% 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 of the 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 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 — A combination of mobile learning labs, interactive technology, personal computing devices and virtual learning platforms, create a dynamic educational environment. The school community is an energized, vibrant hub of learning where problem solving and innovation are fostered. Imbedded iv professional development is central to ensuring staff are empowered with the knowledge and impetus to drive innovative instructional programming. • 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 through eighth grade boys and motivational female speakers for fifth through 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 two (2) miles and no further than three and '/2 (3.5) miles from the School. • Safe School Campus — The City provides a full-time certified police officer who serves as a School Resource Officer. This individual provides instruction to students related to making strong life choices and is viewed as a role model. Security measures have been and continue to be reviewed and enhanced to ensure the safety of students and faculty. Expenditures The estimated 2019/20 proposed budgeted expenditures contained within this budget total $9,949,500 and are balanced with the projected revenues. v Personnel Services Personnel Services are budgeted at $6,355,376 or 63.88% of the budget and includes the new instructional Intervention Specialist position as described earlier. 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 104 (95 full-time and 9 part-time). Included in the full-time positions are 88 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 2018/19 2019120 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 35.00 7.00 42.00 35.00 7.00 42.00 5102 Teacher 43.00 - 43.00 44.00 - 44.00 Other Certified Instruction Assistant Principal 1.00 1.00 1.00 1.00 Math Coach 1.00 - 1.00 1.00 - 1.00 Assistant - 1.00 1.00 - 1.00 1.00 Subtotal 45.00 1.00 46.00 46.00 1.00 47.00 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 Assistant Principal 1.00 1.00 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 Registrar/Compliance/ESE Support 1.00 1.00 1.00 1.00 Business Manager 1.00 1.00 1.00 1.00 Network/Computer Tech 1.00 1.00 1.00 1.00 8.00 8.00 8.00 8.00 7900 Other Support Personnel - - Janitor 1.00 - 1.00 1.00 - 1.00 Total 94.00 9.00 103.00 95.00 9.00 104.00 vi Full-Time Staff Comparison QS 95 _ 94.5 94 94 94 93.5 3 93 93 92.5 92 91.5 91 90.5 2014/15 2015/16 2016/17 2017/18 2018/19 2019/20 Operating Expenditures The operating expenditures total $2,618,124, representing 26.31% of the proposed budget. This is $38,982 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 - $160,000 • Field Trips and School Events - $162,000 • Transportation services contract - $205,200 • CSUSA administrative/educational fee - $306,000 • MDCSB administrative fee - $151,831 • Food services - $280,000 • Electricity - $130,000 • Repairs and maintenance - $118,500 Other Uses Other Uses budgeted expenditures total $535,000 (5.38% of the proposed budget) 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 $441,000 (4.43% of the proposed budget) 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 2019/20 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 their continued support in ensuring that this School remains the Aventura City of Excellence School. A Commission Meeting will be held on April 11, 2019 to review the proposed budget document in detail. Please refer any questions relating to the enclosed budget to my attention. Respectfully submitted, Ronald J. son City Manager viii CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL Organization Chart r • EX{ENifB[E(S[Hfl9� ACES Governing Board 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 2019/2020 i vii - i (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 2019/20 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, 2033 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 sixth through eighth. In 2012, the School amended the charter to increase the School capacity from 972 to 1,032 over five (5) 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 (2) 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 2019/20 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 provides an initial term 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 —two (2) representatives • fifth grade to eighth grade —two (2) representatives • At large kindergarten to eighth grade — one (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 entered 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 11, 2019 and May 7, 2019, respectively. The adopted budget is entered into the accounting system effective July 1, 2019. 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 Government Accounting Standards Board ("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). 4 During June 1999, the GASB issued Statement No. 34. This statement established new accounting and financial reporting standards for state and local governments. The Charter School Fund implemented the new financial reporting requirements of GASB 34. 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 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 coordinated or integrated across different disciplines. The curriculum's sequence is rational, with more complex ideas building on simpler ones, respecting each student's developmental levels and prior learning. Teachers and students are accountable for all state and local assessments in addition to internal formal and informal assessments and observations. Classroom teachers utilize technology daily to reinforce instruction and offer opportunities for independent practice. Students in fifth through seventh grade utilize Chromebooks throughout the day to enhance instruction. 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. 7 Exceptional Education ("ESE") students are serviced within the general classroom, reducing social stigmas and enhancing the continuity of instruction. The ESE teacher collaborates with classroom teachers to ensure that "strategies for success" are implemented in all subject areas. Students with speech and language needs are serviced by a Speech and Language Pathologist and students with occupational therapy needs are serviced by a specialist. These programs are offered to students who qualify for services based on School District requirements. At-risk readers are targeted through a variety of intervention courses and strategies. 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. Students in need of additional support related to test-taking strategies, organization and study skills are enrolled in a specially designed elective class that provides support specific to the their needs. 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 - five 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 middle school have an opportunity to enroll in gifted courses in English Language Arts. A science specialist works with all students, grades kindergarten through fourth grade on a weekly basis by providing integrated labs in their classrooms. A science lab program provides students with hands-on application of core curriculum. Students in fifth grade experiment in the science lab two (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 the outdoor garden project. The School's modern language program places emphasis on four (4) 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, 8 algebra and geometry and to select two (2) of eighteen (18) elective courses. Elective courses include Lead to Feed, Digital Communications, Modern Dance, Art, Guitar, Debate, Tech Squad, Robotics, Personal Fitness, Team Sports, Physical Education, Spanish, Peer Mentoring, Stage Craft, STEAM, Study Skills, Yoga 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 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 are offered at no cost to students. Elementary school students also enjoy a variety of special subject classes daily. These subjects include art, physical education, technology, media, Spanish and music. Each Friday, Elementary students participate in a club. Clubs vary from year-to-year based on student interest and currently include the following; Karaoke, Baton, LEGO Builders, Just Dance, Peer Mentors, Puppet Theatre, Scrapbooking, Puzzle Mania, Contemporary Dance, Middle Eastern Dance, Drama and Improv., Chorus, Yoga, Basketball, Harry Potter and Zumba Kids. Performance Criteria Matrix ACTUAL ACTUAL ACTUAL ACTUAL ACTUAL PERFORMANCE CRITERIA 2013/14 2014/15 2015/16 2016/17 2017/18 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 86% 82% 84% 87% 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 89% 88% 88% 95% All Students will achieve high science standards as measured by Sunshine State Standards Performance Standards. 78% 88% 86% 78% 82% 9 Budget Preparation Calendar FISCAL YEAR 2019/2020 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 8 School Advisory Committee The budget is reviewed by the School Advisory Committee. April 11 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 7 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 entered 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 2019/2020 F F C11LFNCE SC0Z\- DEPARTMENT DESCRIPTION SUMMARY OF FUND 11 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2019/2020 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 2017/18 2018/19 2018/19 2019/20 ACTUAL APPROVED HALF YEAR CITY MANAGER CATEGORY BUDGET ACTUAL PROPOSAL REVENUE PROJECTIONS State Shared Revenues $ 8,324,368 $ 8,251,450 $ 4,147,570 $ 8,407,500 Charges for Services 528,080 500,000 263,177 520,000 Miscellaneous Income 549,857 601,000 299,710 607,000 Other Non-Revenues 100,000 957,630 478,815 415,000 Total Revenues $ 9,502,305 $ 10,310,080 $ 5,189,272 $ 9,949,500 EXPENDITURES K-3 Basic 5101 $ 2,342,920 $ 2,385,882 $ 1,152,714 $ 2,428,030 4-8 Basic 5102 2,931,902 3,088,951 1,405,633 3,126,932 Exceptional Student Program 5250 245,611 246,760 106,807 252,230 Substitute Teachers 5901 218,138 131,596 69,481 139,421 Instructional Media Services 6200 72,992 77,957 29,353 79,346 School Administration 7300 1,102,938 1,118,784 588,519 1,142,684 Pupil Transit Services 7800 186,840 205,200 123,120 205,200 Operation of Plant 7900 1,898,677 1,954,570 975,449 1,984,657 Child Care Supervision 9102 141,989 150,000 61,592 150,000 Capital Outlay 7400 544,721 950,380 357,480 441,000 Total Expenditures $ 9,686,728 $ 10,310,080 $ 4,870,148 $ 9,949,500 Revenues over/(under)Expenditures $ (184,423) $ - $ 319,124 $ - Budget Account Summary by Expenditure Function 2017/18 2018/19 2018/19 2019/20 ACTUAL APPROVED HALFYEAR CITY MANAGER CATEGORY RECAP BUDGET ACTUAL PROPOSAL Personnel Services $ 6,117,286 $ 6,245,548 $ 2,865,322 $ 6,355,376 Operating Expenditures 2,573,519 2,579,152 1,425,346 2,618,124 Other Uses 451,202 535,000 222,000 535,000 Capital Outlay 544,721 950,380 357,480 441,000 Total $ 9,686,728 $ 10,310,080 $ 4,870,148 $ 9,949,500 12 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2019/2020 i vii - i (11LE CE SC0Z\- REVENUE PROJECTION RATIONALE 13 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 190 REVENUE PROJECTIONS 2019/20 SCHOOL 2017/18 2018/19 2018/19 2019/20 REVENUE ACTUAL APPROVED HALF YEAR CITY MANAGER ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL State Shared Revenues: 3359050 3261 School Lunch Reimbursement $ 101,673 $ 100,000 $ 30,966 $ 100,000 3359100 3310 Florida Education Finance Program 7,264,647 7,272,000 3,669,782 7,440,000 3359201 3361 A+Revenues 101,605 100,000 101,568 101,000 3359301 3363 Best&Brightest 120,800 - - - 3359701 3495 E-Rate Program 11,571 57,450 4,200 12,000 3359800 3354 Transportation 131,218 125,000 69,519 139,500 3359910 3391 Capital Outlay 592,854 597,000 271,535 615,000 Subtotal $ 8,324,368 $ 8,251,450 $ 4,147,570 $ 8,407,500 Charges for Services: 3478050 3450 Food Service Fees $ 160,983 $ 180,000 $ 92,539 $ 180,000 3479050 3473 After School Programs 367,097 320,000 170,638 340,000 Subtotal $ 528,080 $ 500,000 $ 263,177 $ 520,000 Miscellaneous Income: 3611000 3431 Interest Earnings $ 22,797 $ 14,000 $ 18,239 $ 30,000 3661900 3495 Miscellaneous Revenues 163,637 210,000 100,380 200,000 3661910 3495 Sport Program Fundraising 5,310 9,000 5,190 9,000 3661955 3467 Field Trips/Special Programs 161,397 170,000 79,589 170,000 3665000 3469 Other Private Source Revenue 196,716 198,000 96,312 198,000 Subtotal $ 549,857 $ 601,000 $ 299,710 $ 607,000 Other Non-Revenues: 3811039 3610 Transfers In $ 100,000 $ 100,000 $ 50,000 $ 100,000 3999000 3489 Carryover - 857,630 428,815 315,000 Subtotal $ 100,000 $ 957,630 $ 478,815 $ 415,000 Total Revenues $ 9,502,305 $ 10,310,080 $ 5,189,272 $ 9,949,500 Revenues The revenues available for allocation in the 2019/20 proposed budget are anticipated to be $9,949,500. This is a net decrease of $360,580 or 3.50% compared to the prior year budget resulting primarily from the following: • A projected increase of$168,000 (2.00%) in FTE funding • A projected increase of$18,000 (3.02%) in total capital outlay-related funding; and • A decrease in the Use of Carryover of $542,630 (63.27%) as a result of one-time major capital costs being incurred and/or completed in the prior year that required such funding (i.e., Middle School roof repairs, extension of Middle School sidewalk, Media Room repairs and the ACES Play Area Turf Replacement Project). 14 Revenue Projection Rationale FISCAL YEAR 2019/2020 State Shared Revenues — totals $8,407,500 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 p5,000 $50,000 p5,000 tt tioy�0 1 Florida Education Finance Program revenues — is projected to approximate $7,440,000 and is based on $7,295 per student after the deductions for the transportation reimbursement component. The revenues for next year have been budgeted to increase by 2.00% based on the anticipated actions taken by the State Legislature. Florida Education Finance Program $7,500 L $7,000 $6,0 Transportation reimbursement revenue — is projected to approximate $139,500 and is based on 400 students requiring bus service. Transportation $150,000 $125,00o $100,000 $75,000 $50,000 I $25,000 -,001i o 15 Capital Outlay revenue is projected to approximate $615,000 in 2019/20 and includes the following: Local Capital Improvement Revenue — 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 14 school districts in the courts and was upheld by a circuit court in Tallahassee. Charges for Services — totals $520,000 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 $340,000. Miscellaneous Income — totals $607,000 and is based on multiple revenue categories comprised of the following: • Interest Earnings of$30,000. • Miscellaneous Revenues of $200,000 (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 $415,000 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 $315,000 from the accumulation of prior year surpluses. 16 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2019/2020 i vii - i C11LFNCE SC0Z\- BUDGETARY ACCOUNT SUMMARY BY EXPENDITURE FUNCTION 17 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6001-569 K-3 Basic 5101 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Personnel Services 1220 120 Teacher(31) $ 1,549,666 $ 1,536,688 $ 719,624 $ 1,562,593 1230 130 Other Certified Instruction(3) 163,495 197,825 74,209 200,628 Assistant Principal Reading Specialist Instructional Counselor 1250 150 Kindergarten Aides P/T(7) 115,885 111,188 60,072 115,505 Administrative Assistant 1502 291 Bonuses 31,180 48,000 31,602 48,000 1503 291 Stipends 21,796 37,558 3,600 38,758 2101 221 Social Security-matching 135,982 141,196 62,262 143,722 2201 211 Pension 15,886 19,138 7,751 19,590 2301 231 Health, Life&Disability Insurance 155,038 131,618 77,917 135,113 2302 232 Dental Insurance 22,457 15,300 7,483 16,221 2401 241 Workers'Compensation 12,778 29,531 15,009 30,060 2501 250 Unemployment Compensation 2,513 4,000 849 4,000 Subtotal $ 2,226,676 $ 2,272,042 $ 1,060,378 $ 2,314,190 Operating Expenditures 4001 330 Travel/Conferences/Training $ 3,535 $ 4,000 $ 4,203 $ 4,000 4101 370 Communication Services 840 840 420 840 5290 590 Other Mat'I&Supply 39,452 35,000 23,902 35,000 5299 790 Miscellaneous Expense 2,685 2,500 1,690 2,500 5410 521 Memberships/Dues/Subscription 288 1,500 721 1,500 5411 520 Textbooks 69,444 70,000 61,400 70,000 Subtotal $ 116,244 $ 113,840 $ 92,336 $ 113,840 Total Function 5101 $ 2,342,920 $ 2,385,882 $ 1,152,714 $ 2,428,030 18 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6002-569 4-8 Basic 5102 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER �ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Personnel Services 1220 120 Teacher(44) $ 2,146,964 $ 2,105,696 $ 966,441 $ 2,125,619 1230 130 Other Certified Instruction (2) 92,683 149,969 48,444 154,095 Assistant Principal Math Coach 1250 150 Comm Spec/Instructional Asst. - 14,674 2,758 16,588 1502 291 Bonuses 36,336 60,000 37,632 60,000 1503 291 Stipends 69,475 91,868 5,327 93,668 2101 221 Social Security-matching 169,904 173,681 74,938 175,667 2201 211 Pension 19,111 22,763 9,550 23,130 2301 231 Health, Life & Disability Insurance 174,965 227,005 88,658 232,941 2302 232 Dental Insurance 28,949 21,204 8,480 22,643 2401 241 Workers'Compensation 15,654 36,251 19,292 36,741 2501 250 Unemployment Com ensation 2,162 3,500 840 3,500 Sub to $ 2,756,203 $ 2,906,611 $ 1,262,360 $ 2,944,592 Operating Expenditures 4001 330 Travel/Conferences/Training $ 40 $ 7,000 $ 12,193 $ 7,000 4101 370 Communication Services 840 840 420 840 5290 590 Other Mat'I&Supply 66,606 60,000 47,024 60,000 5299 790 Miscellaneous Expense 2,812 1,500 - 1,500 5411 520 Textbooks 91,986 95,000 75,242 95,000 5901 791 Athletic Activities 13,415 18,000 8,394 18,000 Subtotal $ 175,699 $ 182,340 $ 143,273 $ 182,340 Total Function 5102 $ 2,931,902 $ 3,088,951 $ 1,405,633 $ 3,126,932 19 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6003-569 Exceptional Student Program 5250 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Personnel Services 1220 120 Teacher(2) $ 98,917 $ 93,647 $ 42,028 $ 95,479 1230 130 Other Certified Instruction(1) 65,391 68,734 28,962 71,483 Dean of Student Services 1502 291 Bonuses 2,946 5,000 2,895 5,000 2101 221 Social Security-matching 12,441 12,422 5,497 12,773 2201 211 Pension 176 1,218 75 1,252 2301 231 Health, Life&Disability Insurance 14,401 4,805 1,919 5,236 2302 232 Dental Insurance 1,948 336 376 336 2401 241 Workers'Compensation 836 2,598 1,648 2,671 2501 250 Unemployment Com ensation 114 - 47 - Subtotal $ 197,170 $ 188,760 $ 83,447 $ 194,230 Operating Expenditures 3190 310 Prof&Tech Services-SPED $ 41,568 $ 51,000 $ 20,713 $ 51,000 4001 330 Travel/ConferenceslTraining - 1,000 - 1,000 5290 590 Other Mat'I&Supply 5,656 5,000 2,610 5,000 5299 790 Miscellaneous EX rasee 1,217 1,000 37 1,000 Subtotal $ 48,441 $ 58,000 $ 23,360 $ 58,000 Total Function 5250 $ 245,611 $ 246,760 $ 106,807 $ 252,230 20 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6004569 Substitute Teachers 5901 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Personnel Services 1220 120 Pool Sub $ 32,587 $ 30,943 $ 13,189 $ 31,716 1225 140 Teacher-P/T 162,178 84,000 44,811 90,000 1502 291 Bonuses 1,964 500 2,050 500 2101 221 Social Security-matching 14,887 8,793 4,488 9,311 2201 211 Pension - 232 - 238 2301 231 Health,Life&Disability Insurance 4,787 4,289 4,364 4,709 2302 232 Dental Insurance 649 - 205 - 2401 241 Workers'Compensation 404 1,839 - 1,947 2501 250 Unemployment Compensation 682 1,000 374 1,000 Total Function 5901 $ 218,138 $ 131,596 $ 69,481 $ 139,421 21 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6006-669 Instructional Media Services 6200 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Personnel Services 1230 130 Media Specialist&P/T Asst. $ 58,857 $ 65,735 $ 22,876 $ 66,993 1502 291 Bonuses - 2,500 - 2,500 1503 291 Stipend 928 - - - 2101 221 SocialSecurity-matching 4,302 5,029 1,784 5,125 2201 211 Pension 313 383 - 394 2301 231 Health,Life&Disability Insurance 4,739 258 3,794 262 2302 232 Dental Insurance 649 - 186 - 2401 241 Workers'Compensation 301 1,052 687 1,072 2501 250 Unemployment Compensation 104 - 26 - Subtotal $ 70,193 $ 74,957 $ 29,353 $ 76,346 Operating Expenditures 5411 520 Textbooks _ $ 2,799 $ 3,000 $ - $ 3,000 Subtotal $ 2,799 $ 3,000 $ - $ 3,000 Total Function 6200 $ 72,992 $ 77,957 $ 29,353 $ 79,346 22 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6006-669 School Administration 7300 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Personnel Services 1211 110 Administrators(2) $ 221,618 $ 223,380 $ 114,284 $ 228,082 Principal Assistant Principal 1260 160 Other Support Personnel(6) 284,541 275,425 156,295 280,120 Receptionist(2) Administrative Secretary Registrar/Compliance/ESE Support Business Manager Network/Computer Tech 1502 291 Bonuses 7,857 6,500 7,719 6,500 1503 291 Stipends 3,656 - - - 2101 221 Social Security-matching 37,401 38,159 18,895 38,877 2201 211 Pension 25,052 25,196 11,619 25,910 2301 231 Health,Life& Disability Insurance 17,070 42,122 18,862 46,533 2302 232 Dental Insurance 5,085 2,181 1,380 691 2401 241 Workers'Compensation 3,094 7,981 5,326 8,131 2501 251 Unemployment Compensation 1,124 1,000 140 1,000 Subtotal $ 606,498 $ 621,944 $ 334,520 $ 635,844 Operating Expenditures 3114 750 After School Programs $ 164,599 $ 150,000 $ 88,293 $ 160,000 4001 330 Travel/Conferences/Training 12,605 12,000 6,641 12,000 4041 201 Automobile Allowance 5,400 5,400 2,700 5,400 4101 370 Communication Services 1,230 1,440 720 1,440 4855 790 Field Trips/School Events 156,336 162,000 63,864 162,000 4856 790 Special Events 134,082 140,000 71,527 140,000 5290 590 Other Mat'I&Supply 20,499 23,000 18,504 23,000 5410 521 Memberships/Dues/Subscription 1,689 3,000 1,750 3,000 Subtotal $ 496,440 $ 496,840 $ 253,999 $ 506,840 Total Function 7300 $ 1,102,938 $ 1,118,784 $ 588,519 $ 1,142,684 23 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6007-569 Pupil Transit Services 7800 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER �ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Operating Expenditures 3190 310 Prof&Tech Services $ 186,840 $ 205,200 $ 123,120 $ 205,200 Total Function 7800 $ 186,840 $ 205,200 $ 123,120 $ 205,200 24 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6008569 Operation of Plant 7900 SCHOOL 2017/18 2018/19 2018/19 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Personnel Services 1260 160 Other Support Personnel $ 33,628 $ 30,495 $ 16,263 $ 31,410 Janitor 2101 221 Social Security-matching 2,572 2,333 1,244 2,403 2201 211 Pension 3,469 4,269 1,957 4,397 2301 231 Health,Life&Disability Insurance 700 11,196 5,281 11,198 2302 232 Dental Insurance - 345 - 345 2401 241 Workers'Compensation 2,039 1,000 1,038 1,000 Subtotal $ 42,408 $ 49,638 $ 25,783 $ 50,753 Operating Expenditures 3148 312 Planning/Management Fee-CSUSA $ 306,000 $ 306,000 $ 153,000 $ 306,000 3149 310 MDCSB Administrative Fee 147,462 147,274 73,717 151,831 3201 312 Accounting&Auditing Fees 11,400 11,800 11,800 12,215 3431 310 Contract-Food Services 266,853 280,000 122,113 280,000 4101 370 Communication Services 90,052 78,000 46,557 78,000 4301 430 Electricity 120,259 130,000 62,724 130,000 4320 380 Pub Ut Svc Other Energy Sv-Water 31,242 32,000 13,958 32,000 4440 360 Office Equip-Leasing Expense 33,927 38,000 17,165 38,000 4501 320 Insurance&Bond Premium 23,689 38,200 18,087 38,200 4620 350 Contract-Building Maintenance 185,867 188,658 80,201 188,658 4635 350 Repairs&Maintenance 157,442 95,000 116,157 110,000 5120 510 Computer Supplies/Software 30,874 20,000 8,891 29,000 5290 590 Other Mat'I&Supply - 5,000 3,296 5,000 Subtotal $ 1,405,067 $ 1,369,932 $ 727,666 $ 1,398,904 Other Uses 5901 790 Contingency $ - $ 85,000 $ - $ 85,000 5905 790 AACC Expenses 7,202 6,000 - 6,000 9129 921 Lease Payments to City Debt Svice Fund 444,000 444,000 222,000 444,000 Subtotal $ 451,202 $ 535,000 $ 222,000 $ 535,000 Total Function 7900 $ 1,898,677 $ 1,954,570 $ 975,449 $ 1,984,657 25 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019/20 BUDGETARY ACCOUNT SUMMARY 190-6009-569 Child Care Supervision 9102 SCHOOL 2017/18 2018119 2018119 2019/20 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER �ACCOUNT# CODE DESCRIPTION BUDGET ACTUAL PROPOSAL Operating Expenditures 3113 310 Contract-Recreation Programs $ 105,989 $ 114,000 $ 45,767 $ 114,000 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 4,500 9,000 4635 350 Repairs& Maintenance 8,500 8,500 4,250 8,500 5290 590 Other Mat'I&Supply 5,500 5,500 575 5,500 Total Function 9102 $ 141,989 $ 160,000 $ 61,692 $ 160,000 26 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL CHARTER SCHOOL FUND 2019120 BUDGETARY ACCOUNT SUMMARY 190-6010-569 Capital Outlay 7400 SCHOOL 2017118 2018119 2018119 2019120 OBJECT ACTUAL APPROVED HALF YEAR CITY MANAGER �ACCOUNT# CODE DESCRIPTI BUDGET ACTUAL PROPOSAL Capital Outlay 6401 692 Computer Equipment>5000 $ 98,772 $ 155,000 $ 76,391 $ 90,000 6402 643 Computer Equipment<5000 223,581 266,500 204,599 221,000 6410 640 Furniture,Fixture&Equipment 222,368 482,880 76,490 52,000 6420 640 Repairs&Replacements - 46,000 - 78,000 $ 644,721 $ 960,380 $ 367,480 $ 441,000 Computer Equipment>5000 Replace Network Infrastructure S 30,000 Replace AV Equipment and Smartboards 55,000 Phone System Upgrade 5,000 $ 90,000 Computer Equipment<5000 Replace Laptop(syComputer(s) $ 50,000 Tablets 132,500 Mobile Learning Computer Labs 27,000 Replace Security Cameras 10,000 Replace Color Laser Printer 1,500 $ 221,000 Furniture,Fixture&Equipment Restroom Renovation-Elementary School $ 35,000 Restroom Renovation-Middle School 7,000 Build two(2)Small Classrooms-Elem.Cafe. 8,000 Replace Elem.Cafe.Serving Line Sneeze Guard 2,000 $ 52,000 Repairs&Replacements Replace 12.5 ton HVAC unit at ACES $ 21,000 Replace 17.5 ton HVAC unit at ACES 25,000 Replace 30 ton HVAC unit at ACES 32,000 MM%WotaI W $ 78,000 Total Function 7400 $ 441,000 27 i FXCORA QII 11 L E M S(�\- THIS PAGE HAS INTENTIONALLY BEEN LEFT BLANK 28 CITY OF AVENTURA AVENTURA CITY OF EXCELLENCE SCHOOL OPERATING AND CAPITAL BUDGET FISCAL YEAR 2019/2020 i vii - i (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 2019/2020 (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 2019/2020 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, 2019 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 2019/2020 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 Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks 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 Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED on first reading this 11th day of April, 2019. PASSED AND ADOPTED on second reading this 7th day of May, 2019. 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 ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (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 2019/2020 Operating Budget for the Don Soffer Aventura 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 Don Soffer Aventura 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. 2019-_ 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 Don Soffer Aventura 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, 2019 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 2019/2020 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. 2019- 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 Shelley, who moved its adoption on first reading. This motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Dr. Linda Marks Yes Mayor Enid Weisman Yes 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 Commissioner Robert Shelley Mayor Enid Weisman Page 3 of 4 City of Aventura Ordinance No. 2019-_ PASSED AND ADOPTED on first reading this 11th day of April, 2019. PASSED AND ADOPTED on second reading this 7th day of May, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 4 of 4 City of Aventura Don Soffer Aventura High School Fund Budget 2019/20 OWN SOF; �R J Z�G'QA H IGN 54Z CHARTER SCHOOLS, �-A CITY OF AVENTURA DON SOFFER AVENTURA HIGH SCHOOL FUND BUDGET FISCAL YEAR 2019/2020 A -j e. 0 �A H I G►k City Commission/Governing Board Mayor Enid Weisman Commissioner Dr. Linda Marks Commissioner Denise Landman Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg City Manager Ron J. Wasson Principal David McKnight Professional Consulting Services Provided by: CMCS Consulting Services, LLC. Planning/Management Services Provided by: Charter Schools USA 1 CIVICS Consulting Services MEMORANDUM TO: City Commission/Governing Board Ron J. Wasson, City Manager FROM: Eric M. Soroka, CIVICS Consultingervice DATE: April 23, 2019 SUBJECT: Proposed 2019/20 Don Soffer Aventura High School Budget Attached is the proposed 2019/20 Budget, effective July 1, 2019 for the Don Soffer Charter High School Fund Budget (Fund 191). This represents the first full year of operations for the new school. The budget was built around the educational requirements to accommodate the 9t" grade with 200 students as well as to begin to employ the leadership staff necessary to meet the full capacity of the school as it grows. The budget was prepared based on information and input provided by Charter Schools USA ("CSUSA") staff members from several divisions as well as the Principal. The budget has also been reviewed by the City Manager and Finance Director. The budget amount is $2,489,413. Since the time of the first reading of the budget, an additional $25,000 was added to fund a part-time CAP Advisor position as requested by the City Commission at the April Workshop Meeting. The enclosed budget has been updated to include this cost. The following are the major highlights of the budget: • As previously discussed, due to starting the school with 200 students and addressing the teacher salary levels and educational, technology/digital priorities established by the City Commission, the budget required a City subsidy of $551,492 ($400,000 from the Granite Aventura LLC Donation and $176,492 from the City's General Fund) to balance the budget. • CSUSA agreed to subsidized the budget in the amount of$65,000 by not charging the school for services normally provided and charged to their other schools. This was done to assist in balancing the budget and further emphasized CSUSA's partnership with the City. • The total number of employees is 22.5 (20 full-time and 3 part-time) at a projected cost of $1,508,293. Included in the full-time positions are 14.5 instructional staff members. • To implement the flexible digital learning environment designed to prepare the students for the future, $130,000 has been budgeted for instructional licenses and textbooks. • Includes contracting services for 2 buses to transport students that live 2 miles or more from the school at cost of$108,000. 2 • Capital costs associated with FF & E and computers/technology are not included as these costs were included in the Construction Fund. The total proposed budget for 2019/20, is $2,489,413 and is broken down into the following categories: • Compensation - $1,508,293 or 59.0% • Professional Services - $282,550 or 11.1% • Vendor Services - $261,329 or 10.2% • Administrative Expenses - $10,310 or 0.4% • Instructional Expenses - $183,450 or 7.2% • Other Operating Expenses - $279,121 or 10.9% • Fixed Expenses - $29,360 or 1.1% Expenditures by Category Other operating Fixed Expenses Expenses 1.1% Instructional Expenses 10.9% 7.2% Administration Expenses 0.4% Vendor Services Compensation 10.2% 54.0% Professional Services 11.1 If you have any questions, please feel free to contact me. Attachments 3 CITY OF AVENTURA AVENTUR FUND 191 BUDGET CATEGORY SUMMARY 2019/20 (July 1 -June 30) FUND DESCIIPTION This fund accounts for operating and capital revenues and expenditures associated with the Don Soffer Aventura High School. In accordance with the Management Agreement with the City, Charter Schools USA, is responsible for budgetary, accounting, auditing and financial reporting for the School 2019/20 PROPOSED CATEGORY BUDGET REVENUE PROJECTIONS Revenues $ 2,312,921 CITY Subsidy (Advance from City General Fund) 176,492 Total Revenues $ 2,489,413 EXPENDITURES Education Programs 2,554,413 CSUSA Subsidy to Offset Service Costs (65,000) Total Expenditures $ 2,489,413 Revenues over(under) Expenditures $ - 4 Don Soffer Aventura High School Proposed Budget 1 Total Number of Students 200 Forecasted Average FTE per Student 6789 REVENUE: FTE 1,357,800 Capital Outlay 116,463 Board Refund over 250 Students - Food Services 38,590 Red Light Camera Violations-From City* 115,000 Grants 250,000 Granite Aventura LLC- Donation * 400,000 Misc Revenues 20,000 Certification - Free and Reduced Lunch 15,068 TOTAL REVENUE $ 2,312,921 EXPENSES Administrative Staff Principal 1 Assistant Principal 1 School Operations Administrator 1 Administrative Assistant 1 Enrollment Management 1 Student Services Coordinator 1 CAP Advisor 0.5 IT Support 0.5 Food Service Director 1 Subtotal Administrative Staff 8 $ 433,235 Instruction Staff Teachers (9-12) 8 Electives 3 Future Ready Coach 1 ESE 1.5 Curriculum Resource Teacher 1 Subs Subtotal Instructional Staff 14.5 $ 840,493 Tutoring 6,480 Stipends 12,500 Benefits 100,198 Workers Compensation 15,489 Payroll Taxes 99,898 Subtotal $ 234,565 Total Compensation $ 1,508,293 5 Professional Services Management Fee 90,000 Finance& Accounting Services ** 15,000 Payroll and HR Services ** 50,000 Legal Fees 5,000 Fee to County Board 66,350 Outside Staff Development 35,000 Computer Services Fees 20,200 Accounting Services-Audit - Professional Fees- other 1,000 Subtotal Professional Services $ 282,550 Vendor Services Contracted Pupil Transportation 108,000 Extra-Curricular Activity Events&Transportation 21,550 Contracted Food Services 42,840 Background/Finger Printing 500 Drug Testing Fees 500 Licenses& Permits 500 Bank Service Fees 2,500 Contacted Custodial Services 84,939 Subtotal Vendor Services $ 261,329 Administration Expenses Travel 3,500 Meals 500 Lodging 1,500 Business Expense - Other 500 Dues& Subscriptions 500 Printing 2,000 Office Supplies 1,310 Medical Supplies 500 Subtotal Administrative Expenses $ 10,310 Instructional Expenses Textbooks& Reference Books 20,000 Consumable Instructional (Student) 12,200 Consumable Instructional (Teacher) 4,250 Instructional Licenses 110,000 Testing Materials 20,000 Contracted SPED Instruction 17,000 Subtotal Instructional Expenses $ 183,450 6 Other Operating Expenses Telephone & Internet 70,500 Postage 2,000 Electricity 60,719 Water& Sewer 4,435 Waste Disposal 21,832 Pest Control 2,500 Maintenance & Cleaning Services 22,000 Building Repairs& Maintenance 73,135 Contingency 22,000 Subtotal Other Operating Expenses $ 279,121 Fixed Expenses Office Equipment- Leasing Expenses 12,360 Professional Liability& Other Insurance 17,000 Subtotal Fixed Expenses $ 29,360 TOTAL OPERATING EXPENSES $ 2,554,413 Difference $ (241,492) CITY Subsidy* (Advance from City General Fund) 176,492 CSUSA Subsidy to Offset Service Costs** 65,000 Revenues over/(under) Expenditures $ - * Counts Toward City Subsidy 7 J Hf DSAHS Pay Plan Base Salary: $50,000 .Teacher Experience: 0$1,000 for 1-3 years 0$3,000 for 4-6 years 0$4,000 for 7-10 years 0$7,500 for 10+ years ,Critical Shortage Area/Special Consideration — Additional compensation .Advanced Degrees ,$3,000 for Masters ,$5,000 for Specialist ,$7,000 for Doctorate s ORDINANCE NO. 2019- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2019/2020 (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 2019/2020 Operating Budget for the Don Soffer Aventura 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 budget total. Said limitation requires that the total sum allocated to the Don Soffer Aventura High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, if requested by the Principal of Don Soffer Aventura High School, the City Manager may authorize transfers from one individual line item account to another. 9 Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, if requested by the Principal of Don Soffer Aventura High School, 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 Don Soffer Aventura High School Fund Budget for the City of Aventura, if the City Manager determines that the Budget 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, 2019 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 2019/2020 fiscal year. 10 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 Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Vice Mayor Dr. Linda Marks 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 11 Commissioner Marc Narotsky Commissioner Howard Weinberg Commissioner Robert Shelley Mayor Enid Weisman PASSED AND ADOPTED on first reading this 11th day of April, 2019. PASSED AND ADOPTED on second reading this 7th day of May, 2019. ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 12 o°�4 SOF7P A J Rq H1GIr� DON SOFFER AVENTURA HIGH SCHOOL 3151 NE 213th Street Aventura, Florida 33180 13