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11-05-2019 Regular Commission Meeting Agenda City Manager City Commission Ronald J.Wasson .:... ]Enid Weisman,Mayor Denise Landman,Vice Mayor Citi Clerk Dr.Linda Marrs,Commissioner ]Elllisa L.Horvath,MMC Gladys Mezrahi,Commissioner i Marc Narotsky,Commissioner City Attorney Robert Shelley,Commissioner G_ Weiss Scrota Helfman Howard Weinberg,Commissioner e�✓ G ,.nQ,� Cole&Bierman CITY COMMISSION MEETING AGENDA November 5, 2019 6:00 p.mo 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: • 2020 Census - Miami-Dade County Commissioner Esteban L. Bovo, Jr. • Employee Service Awards • Aventura City of Excellence School Update - Principal Tyrkala • Don Soffer Aventura High School Update - Principal McKnight 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: • October 2, 2019 Regular Commission Meeting • October 14, 2019 Special Commission Meeting • October 14, 2019 Regular Commission Workshop Meeting • October 24, 2019 Special 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 November 5, 2019 C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2020 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND OTHERWISE TO ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND SOFTBALL 2-4 CURE, LLC TO PERFORM ADULT SOFTBALL MANAGEMENT SERVICES AS SET FORTH IN RFP NO. 19-08-01-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. E. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-10-11- 2, NE 213' STREET SCHOOL ZONE FLASHING BEACONS TO AUM CONSTRUCTION, INC. AT THE BID PRICE OF $175,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; 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 BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. F. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. G. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL, APPROVING THE ATTACHED CHARTER SCHOOLS USA CHARTER SCHOOL PROGRAM (CSP) GRANT POLICIES AND PROCEDURES MANUAL; AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. H. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL, APPROVING THE ATTACHED Page 2 of 3 Aventura City Commission Meeting Agenda November 5, 2019 SCHOOL ADMINISTRATOR EVALUATION SYSTEM AND INSTRUCTIONAL PERSONNEL EVALUATION SYSTEM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. I. CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: MOTION ADOPTING THE DON SOFFER AVENTURA HIGH SCHOOL STANDARD OPERATING PROCEDURE (ACTIVE ASSAILANT/SHOOTER). 7. ZONING HEARINGS — QUASI-JUDICIAL PUBLIC HEARINGS: None. 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. 8. ORDINANCES—FIRST READING/PUBLIC HEARINGS: 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. 9. ORDINANCES—SECOND READING/PUBLIC HEARINGS: None. 10. RESOLUTIONS/PUBLIC HEARINGS: None. 11. REPORTS 12. PUBLIC COMMENTS 13. OTHER BUSINESS: None. 14. ADJOURNMENT FUTURE MEETINGS* *Meeting dates and times are subject to change.Please check the City's website for the most current schedule. COMMISSION REGULAR WORKSHOP—NOVEMBER 21,2019 AT 9 AM EXECUTIVE CONFERENCE ROOM(5-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 3 of 3 The City of AiTeEibIlII°� CITY COMMISSION Aventura Government Center REGULAR MEETING MINUTES 19200 W. Country Club Drive OCTOBER 2, 2019 Aventura, Florida 33180 6:00 p.m. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 6:00 p.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, 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 led by Taryn Shein, DSAHS Student Government President and Aventura Youth Advisory Board Member. 3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None. 4. SPECIAL PRESENTATIONS: • Presentation of Proclamation: Commissioner Dr. Marks provided opening remarks about Steven Gurowitz, the recipient of the proclamation. Mayor Weisman, accompanied by the City Commission, presented Steven G. with a proclamation recognizing his efforts in spearheading the coordination of hurricane relief efforts for the Bahamas, in response to the devastation from Hurricane Dorian. Commissioner Mezrahi was also recognized for her assistance with the collection efforts at Government Center. • Employee Service Awards: Mr. Wasson, accompanied by Chief Pegues, presented Ernest Long, Crime Prevention Specialist, with a recognition certificate and token of appreciation for the completion of 20 years of service with the City. • Aventura City of Excellence School Update — Principal Tyrkala: Principal Anthony Tyrkala provided a brief report on ACES. • Don Soffer Aventura High School Update - Principal: Principal David McKnight provided a brief report on Don Soffer Aventura High School. 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 Narotsky, seconded by Commissioner Shelley, and passed unanimously by roll call vote. The following action was taken: Aventura City Commission Regular Meeting Minutes October 2, 2019 A. Minutes approved as follows: • September 10, 2019 Special Commission Workshop Meeting (3 pm) • September 10, 2019 Special Commission Workshop Meeting (4:30 pm) • September 10, 2019 Commission Meeting (First Budget Hearing) • September 10, 2019 Regular Commission Meeting • September 18, 2019 Commission Meeting (Second Budget Hearing) • September 19, 2019 Regular Commission Workshop Meeting B. Resolution No. 2019-49 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. C. Motion approved as follows: MOTION TO RATIFY THE CITY MANAGER'S REAPPOINTMENT OF RAQUEL ROTHMAN, ESQ. AND BARBARA BUXTON, ESQ. AS SPECIAL MASTERS FOR THE CITY OF AVENTURA CODE ENFORCEMENT PROCESS. D. Resolution No. 2019-50 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE CITY OF AVENTURA YOUTH ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. E. Resolution No. 2019-51 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN AMENDMENT TO THE AMENDED AND RESTATED AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND CMCS CONSULTING SERVICES, LLC; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE AMENDMENT; AND PROVIDING FOR AN EFFECTIVE DATE. F. Resolution No. 2019-52 adopted as follows: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER ON BEHALF OF THE CITY TO EXECUTE AND OTHERWISE ENTER INTO THE ATTACHED MUTUAL AID AGREEMENT BETWEEN THE CITY OF AVENTURA AND THE CITY OF MIAMI BEACH FOR LAW ENFORCEMENT ACTIVITIES; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. Page 2 of 4 Aventura City Commission Regular Meeting Minutes October 2, 2019 G. Resolution No. 2019-53 adopted as follows: CITY COMMISSION, ACTING IN ITS CAPACITY AS THE CITY COMMISSION AND THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A TWO-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. H. Resolution No. 2019-54 adopted as follows: 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 "D" 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. 6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS: Mr. Wolpin reviewed the quasi-judicial procedures and Mrs. Horvath administered the oath to all those wishing to offer testimony for the items. title: RESOLUTIONS/PUBLIC HEARINGS: Mr. Wolpin read the following resolution A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA GRANTING CONDITIONAL USE APPROVAL TO ALLOW THE SALE AND SERVICE OF ALCOHOLIC BEVERAGES AT AN INDOOR COCKTAIL BAR/LOUNGE AREA WITHIN BARTACO RESTAURANT LOCATED IN SUITE 104, 2906 NE 207 STREET, CITY OF AVENTURA; AND PROVIDING FOR AN EFFECTIVE DATE. A motion for approval of the resolution was offered by Commissioner Shelley and seconded by Commissioner Mezrahi. Community Development Director Joanne Carr entered the staff report into the record, which recommended approval, subject to the conditions listed. The following provided testimony on behalf of the Applicant (Bartaco Aventura, LLC): Valerie Haber, Esq. — (GrayRobinson, P.A., 333 S.E. 2 Avenue, Suite 3200, Miami, FL). Mayor Weisman opened the public hearing. There being no speakers, the public hearing was closed. Page 3 of 4 Aventura City Commission Regular Meeting Minutes October 2, 2019 The motion for approval of the resolution passed unanimously, by roll call vote, and Resolution No. 2019-55 was adopted. 7. ORDINANCES - FIRST READING — PUBLIC HEARINGS: None. 8. ORDINANCES - SECOND READING/PUBLIC HEARINGS: None. 9. RESOLUTIONS/PUBLIC HEARINGS: None. 10. REPORTS: Mayor Weisman recognized the following students in attendance that were appointed to the Youth Advisory Board, who also provided comments: Kenneth Cula, Carolina Wesley, Chloe Freitas, Taryn Shein, and Ariel Jacobs. Vice Mayor Landman reported on the following upcoming City events: Share the Road Bike Safety Event (October 6th) and Halloween/Movie Night (October 26th) Commissioner Dr. Marks commended the Chief on the Police community outreach event at Starbucks, highlighted the success of ACES Peace Day, and requested that residents inform the City if they or family members are veterans for the upcoming Veterans Day Ceremony. The Commission Liaison meeting scheduled for October 24th at 9:00 a.m. was announced. The Commission thanked Chief Pegues for the Department's support to the synagogues during the week. 11. PUBLIC COMMENTS: Following information provided by Mr. Wolpin on the process for public comments, the following members of the public provided comments: Ludwika Konik (Point East Resident). 12. OTHER BUSINESS: None. 13. ADJOURNMENT: There being no further business to come before the Commission, a motion to adjourn was offered by Commissioner Dr. Marks, seconded by Vice Mayor Landman, and unanimously approved; thus adjourning the meeting at 6:51 p.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on November 5, 2019. Page 4 of 4 The City of CITY COMMISSION Aventura Government Center SPECIAL MEETING MINUTES OCTOBER 14, 2019 19200 W.Country Club Drive AventuraAventura, Florida 33180 9:00 A.M. 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 9:04 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landman, Commissioner Dr. Linda Marks, 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. RESOLUTION: The following resolution title was read by Mr. Wolpin: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY AND MIAMI-DADE COUNTY CONCERNING THE DESIGN AND CONSTRUCTION OF A PEDESTRIAN BRIDGE FOR THE PROPOSED VIRGIN TRAINS PASSENGER RAIL STATION; AUTHORIZING THE CITY MANAGER TO EXECUTE AND TO TAKE ALL ACTIONS NECESSARY TO IMPLEMENT THE INTERLOCAL AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wolpin reviewed the proposed Interlocal Agreement with Miami-Dade County regarding a pedestrian bridge for a Virgin Trains passenger rail station. Mr. Wasson explained the request from Miami-Dade County for an Interlocal Agreement regarding the money pledged as part of the Tripartite Transportation Agreement from Seritage and Aventura Mall Venture, to be collected by Aventura and then provided to the County for the construction of a pedestrian bridge. Miami-Dade County Commissioner Sally Heyman provided information on the rapid transit plan for the northeast corridor and the land for a station, which was approved by the Citizens' Independent Transportation Trust (CITT) and Board of County Commissioners in October. Mayor Weisman reported on the CITT and Board of County Commissioners meetings, with the rapid transit initiative to address traffic in the northeast corridor in Miami-Dade County. Jose Gonzalez, Virgin Trains USA — Florida East Coast Industries LLC Executive Vice President, Business Development, reviewed the concept for a station on property in unincorporated Miami-Dade County, but named the Aventura station, with a pedestrian bridge (around 197th and Biscayne Boulevard) connecting Aventura to the station. Mr. Wolpin explained the proposed Interlocal Agreement on the agenda, as well as the Tripartite Transportation Contribution Agreement between the City of Aventura, Aventura Mall Venture, TB Carpenter Parcel LLC, and Seritage SRC Finance LLC. Aventura City Commission Special Meeting Minutes October 14, 2019 Frank Guyamier, Miami-Dade County Deputy Director Engineering, provided information on the station construction timeline with trains anticipated in 2020 and the bridge provided after that. The Commission briefly adjourned at 9:45 a.m. and reconvened at 9:53 a.m., to allow for individual review of the agreement. Mr. Guyamier clarified that Florida East Coast Industries would be the owner of the bridge (not the County), the bridge would be open to the public, and naming rights would be under the owner's authority. It was pointed out that any closure of the bridge would be under the authority of the Florida Department of Transportation (FDOT). The Commission discussed the need for a separate agreement between the City and Virgin Trains USA, to address important items such as timely construction, naming rights, closure of the bridge, security, hurricane emergency evacuation plans, and preservation of landscaping. Mr. Gonzalez explained the need for Virgin Trains to provide the County with plans for a transit oriented development agreement. Jackie Soffer, Aventura Mall, provided comments regarding traffic impact, hurricane emergency evacuation plans, and the importance of the bridge closure during non- operating hours. Following discussion, the Commission requested the following revisions to the agreement: • Section 1.1 — clarify that the funds will only be disbursed to the County once there is a contract for the physical construction of the bridge. Additionally, if the County fails to construct the bridge then the money will be refunded to the City. • Add a section that approval of the agreement with Miami-Dade County is subject to the approval of an agreement with Virgin Trains. • Section 2.1 — provide language referring to the Virgin Trains/County agreement regarding construction of the bridge. • Section 2.2 — add language that communication from the County to the City Manager should also include a copy to the City Clerk. Additionally, change the amount of days for the City to provide comments to the County from seven (7) business days to ten (10) business days. Finally, add language that provides for the design and construction of the bridge to be subject to reasonable approval of the Aventura Mall. • Add a section for the County to work with Virgin Trains and FDOT to assure that the bridge will be closed during the train station's non-operating hours for public safety and security. Page 2 of 3 Aventura City Commission Special Meeting Minutes October 14, 2019 A Special Commission Workshop meeting will be scheduled to discuss an agreement with Virgin Trains USA. Chief Pegues will review the County's traffic impact studies to determine any effect on police personnel, in response to the additional vehicles that will be parked at the mall for drivers to access the pedestrian bridge. Mr. Wasson reviewed several items not in the contract with the County that could be added to the agreement with Virgin Trains USA including input on design and aesthetics, as well as security. Neisen Kasdin, Esq. (Akerman LLP, 98 S.E. 7th Street, Suite 1100, Miami) provided comments on behalf of Turnberry Transactions LLC (Aventura Mall). The Commission discussed the obligation of all parties involved to actively pursue the closure of the pedestrian bridge, during the closure of the transit station, for security reasons. Mr. Wasson will contact other city managers to ascertain any issues they have encountered with pedestrian bridges within their cities. Mayor Weisman opened the public hearing. The following members of the public provided comments: Mark Robson (18365 NE 30 Place). There being no additional speakers, the public hearing was closed. A motion for approval of the resolution, amended with the requested revisions as discussed and noted above, subject to a City of Aventura agreement with Virgin Trains USA, and authorizing the City Manager to make any changes deemed necessary in consultation with Commissioner members, was offered by Commissioner Shelley and seconded by Vice Mayor Landman. The motion for approval of the resolution passed unanimously, by roll call vote, and Resolution No. 2019-56 was adopted. 3. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 10:45 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on November 5, 2019. Page 3 of 3 The City ®f CITY COMMISSION WORKSHOP MEETING MINUTES Aventura Government center A)Teiura OCTOBER 14, 2019 19200 W. Country Club Drive Following 9:00 A.M. Aventura, Florida 33180 " Special Commission Meeting 1. Call to Order/Roll Call: The meeting was called to order by Mayor Weisman at 11:00 a.m. The following were present: Mayor Enid Weisman, Vice Mayor Denise Landman', Commissioner Dr. Linda Marks, 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. 3050 Aventura Boulevard Presentation (City Manager): Mr. Wasson provided introductory remarks. Jeffrey Bercow, Esq. (Bercow Radell & Fernandez, 200 S. Biscayne Blvd. Suite 850, Miami) representing Safra Bank provided an overview of the property. Robert Harrison, Architect (Foster + Partners), presented a review of the project for a proposed 12 story building with underground parking, which will require conditional use approval for a height of 200 feet (80 feet above the current code allowance). City Manager Summary: No action — this was an informational item. 3. Founders Day Presentation (City Manager): Community Services Department Director Kimberly Merchant reported on the details of the upcoming Founders Day program scheduled for November 3, 2019, as recommended by the Community Services Advisory Board. City Manager Summary: No action — this was an informational item. 4. Discussion of Appointment of Members to the Don Soffer Aventura High School Foundation. Inc. 501(c)(3) Board of Directors (City Manager): Mr. Wasson reviewed the requirements of the Articles of Incorporation of the Don Soffer Aventura High School Foundation, Inc. and suggested that each member of the Commission nominate one person to serve on the Board of Directors. He will research other educational foundations to provide a recommendation for the signatories for the checks. Mr. Wolpin reported on the filing status for the 501(c)(3). City Manager Summary: It was the consensus of the City Commission for each member of the Commission to submit the name of one person to the City Manager for discussion at the next Commission Workshop Meeting. 5. Selection of Parent Representatives to the Don Soffer Aventura High School Advisory Board (City Manager): Mr. Wasson reviewed the election results ' Vice Mayor Landman left the meeting during the 3050 Aventura Boulevard Presentation. Aventura City Commission Regular Workshop Meeting Minutes — October 14, 2019 received from Principal David McKnight for the two parents selected by the Don Soffer Aventura High School parents to serve on the Board for one-year terms. City Manager Summary: It was the consensus of the City Commission to place a Resolution on the November 5, 2019 Commission Meeting Agenda appointing the following parent representative members to the Don Soffer Aventura High School Advisory Board: Nikki Shein and Michael S. Yavner. 6. Discussion of the City's Legislative Programs and Priorities for Upcoming Session (City Manager): Mr. Wasson reviewed the proposed Legislative Program and Priorities for 2020. The Commission discussed the items as provided in the agenda. City Manager Summary: It was the consensus of the City Commission for a Resolution to be placed on the November 5t" Commission Meeting Agenda to adopt the 2020 Legislative Program and Priorities, with the following changes: move item #15 to item #1 and add language clarifying that it should apply regardless of the date the referendum was adopted, add an item to support increasing financial support for municipal charter schools, and for the City Manager to add projects to the list of items to seek state financial assistance for. 7. Discussion to Support the Miami -Dade School Board's Legislative Session Platform (Mayor Weisman): Mayor Weisman reviewed the letter received from the Miami -Dade County Public School Board requesting support of the Board's top priorities for the upcoming legislative session. City Manager Summary: It was the consensus of the City Commission that no action be taken at this time. 8. Discussion of Electric Shuttle (Commissioner Weinberg): This item was deferred to the November Workshop Meeting. City Manager Summary: No action — this item was deferred to the November Workshop Meeting Agenda, due to time constraints. 9. Discussion of Dining and Entertainment Promotion (City Manager): This item was deferred to the November Workshop Meeting. City Manager Summary: No action — this item was deferred to the November Workshop Meeting Agenda, due to time constraints. 10. City Clerk Annual Review: The Commission discussed the City Clerk's performance during the past year. City Manager Summary: It was the consensus of the City Commission to provide Ms. Horvath with a 3% salary adjustment and an annual performance bonus of $10,000. Page 2 of 3 Aventura City Commission Regular Workshop Meeting Minutes — October 14, 2019 The following additional items were discussed: Following discussion and consensus of the Commission, a Special Commission Workshop Meeting will be scheduled for October 24th, immediately following the 9:00 a.m. Commission Liaison Meeting, for review of a proposed agreement with Virgin Trains USA, LLC. 11. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:56 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on November 5, 2019. Page 3 of 3 Th'ACity ®f CITY COMMISSION SPECIAL WORKSHOP MEETING MINUTES Aventura Government Center Ventura OCTOBER 24, 2019 19200 W.Country Club Drive Aventura, Florida 33180 Following 9:00 A.M. 4 J1':a0lj.. Commission Liaison Meeting 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Enid Weisman at 11:00 a.m. The roll was called and the following were present: Mayor Enid Weisman, Vice Mayor Denise Landmanl, Commissioner Dr. Linda Marks, Commissioner Gladys Mezrahi, Commissioner Robert Shelley, Commissioner Howard Weinberg, City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney David M. Wolpin. Commissioner Marc Narotsky was absent. As a quorum was determined to be present, the meeting commenced. 2. AGREEMENT BETWEEN THE CITY AND VIRGIN TRAINS USA, LLC: Mr. Wolpin explained the proposed agreement that the City Attorneys drafted for the City, as provided in the agenda. A red-lined copy of the agreement was distributed, with changes proposed by Bilzin Sumberg Baena Price & Axelrod LLP, attorneys for Virgin Trains USA. Commissioner Shelley disclosed that Bilzin Sumberg Baena Price & Axelrod LLP represents him privately on certain business matters, which has also been previously disclosed. The Commission reviewed the red-lined document proposed by Virgin Trains USA and voiced concerns regarding the following sections: 2(a), 2(b), 2(c), 2(e), and 2(h). Issues were raised with the document not complying with the City's requests, with the removal of items important to the Commission including approval of design and aesthetics, input on construction timetable, security, closure of the bridge when the station is closed, hurricane preparedness plan to assist in evacuation, and guarantee of completion. The importance of the Aventura Mall also having input for the bridge design was discussed. Kristofer Machado, Esq. (Akerman LLP, 98 S.E. 7th Street, representing Turnberry Transactions LLC (Aventura Mall Venture - AMV), provided comments expressing the mall's desire to have input on the design and location. Jose Gonzalez, Virgin Trains USA — Florida East Coast Industries LLC Executive Vice President, Business Development, reviewed the changes proposed to be consistent with the Virgin Trains USA agreement with Miami-Dade County. He reviewed the timeframe and explained the coordination efforts for input on the project. He explained the removal of AMV and Seritage from the agreement language in order to streamline the contract with the City, with the idea of the City being a proactive part of the design process, in lieu of a reactive part by providing comments after the design was completed. City Manager Summary: It was the consensus of the City Commission to authorize the City Manager and City Attorney to work with the attorney for Virgin Trains USA, as well as the attorney for the Aventura Mall and Seritage, to provide the Commission with a revised agreement that addresses the concerns discussed. ' Vice Mayor Landman participated in the meeting via speaker telephone. Aventura City Commission Special Workshop Meeting Minutes October 24,2019 Additionally, the City Manager will provide the Commission with bridge design samples from Mr. Gonzalez, as well as information on the pedestrian bridges being built in Sunny Isles Beach. 3. ADJOURNMENT: There being no further business to come before the Commission, the meeting was adjourned by consensus at 11:46 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission on November 5, 2019. Page 2 of 2 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manage DATE: November 1, 2019 SUBJECT: Resolution Declaring Equipment as Surplus November 5, 2019 City Commission Meeting Agenda Item 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 CCO1840-19 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 5t" day of November, 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 INFORMATION TECHNOLOGY DEPARTMENT MEMORANDUM TO: Ronald J. Wasson, City Manager FROM: Karen J. Lanke, Information ology Director DATE: November 1, 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. Many of the applications used by the City have minimum hardware, operating system and/or software requirements that computing equipment must meet or exceed. If those requirements cannot be satisfied by existing equipment, the equipment is no longer suitable for City use. In addition, equipment that cannot be repaired and/or is no longer supported by the vendor should be surplused. Please let me know if you have any questions regarding this request. Attachment City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type Advidia A-200 1 unknown CCTV PTZ Camera Advidia P-24 1 OHV30262 CCTV Camera Advidia P-24 1 OHV30269 CCTV Camera Advidia P-24 1 OHV32765 CCTV Camera AirLink Unknown 1 24604889640 VZW 3G modem AirLink Unknown 1 24604899243 VZW 3G modem APC APCRBC115 2 n/a Replacement batteries APC BR700G 1 3131247X16202 UPS APC BR700G 1 3131247X16759 UPS APC BR700G 1 313 1827X22950 UPS APC BR700G 1 3B1827X50244 UPS APC RBC Battery 1 n/a Replacement battery Belkin OmniView Pro3 8 -Port KVM Switch 1 925000318 KVM Switch Brother PJ -623 1 U62864-C5Z933774 Printer Cisco AIR-ANT2566P4W-R 1 MAS20161292 Directional Antenna Cisco AIR-AP28021-B-K9 1 FJC2139M05L AP Cisco AIR-AP28021-B-K9 1 FJC2139M06A AP Cisco AIR-AP3802E-B-K9 1 FJC2048M1 KJ AP Cisco AIR-CAP1552E-A-K9 1 FXX1710P03T AP Cisco AIR-CAP27021-B-K9 1 FCW2022N9GD AP Cisco AIR-LAP1142N-A-K9 1 FTX1440E2AA AP Cisco AIR-LAP1142N-A-K9 1 FTX1440E2AJ AP Cisco AIR-LAP1142N-A-K9 1 FTX1440E2AS AP Cisco AIR-LAP1142N-A-K9 1 FTX1529E5GP AP Cisco AIR-LAP1142N-A-K9 1 FTX1617K57K AP Cisco AIR-LAP1262N-A-K9 1 FTX1726E1ZP AP Cisco AIR-LAP1262N-A-K9 1 FTX1726K2TO AP Cisco AIR-LAP1262N-A-K9 1 FTX1726K2T9 AP Cisco WLAN 2500 Series Controller 1 74-7363-03 WLAN Controller Datacard SD360 1 B22232 ID Card Printer Dell 1908WFPf 1 CN-OG435H-72872-871-006S-A00 Monitor Dell Latitude D630 1 67TMBG1 Laptop Dell Latitude E6440 1 1 B2FK12 Laptop Dell Latitude E6440 1 1M4LG12 Laptop Dell Latitude E6440 1 4BWF162 Laptop Dell Latitude E6440 1 GXZDK12 Laptop Dell Lattidue E6430 1 B5DRRY1 Laptop Dell Optiplex 7010 1 GQK1 BY1 Desktop Dell Optiplex 7010 1 H82HQW1 Desktop Dell Optiplex 7020 1 F28MX12 Desktop Dell Optiplex 7020 1 F43LX12 Desktop Dell Optiplex 7020 1 F55NX12 Desktop Dell Optiplex 7020 1 F5HKX12 Desktop Dell Optiplex 7020 1 F5HLX12 Desktop Dell Optiplex 7020 1 F5QLX12 Desktop Dell Optiplex 7020 1 F5SMX12 Desktop Dell Optiplex 7020 1 GV34W52 Desktop Dell Optiplex 7020 1 GV36W52 Desktop Dell Optiplex 7020 1 GV40W52 Desktop Dell Optiplex 7020 1 GV50W52 Desktop Dell Optiplex 7020 1 GV51 W52 Desktop Dell Optiplex 7020 1 GV84W52 Desktop Dell Optiplex 7020 1 H26MX12 Desktop Dell Optiplex 780 1 3TBKKN 1 Desktop Dell Optiplex 9020 1 2P6MJB2 Desktop Dell P2213t 1 CN-OFJ44J-74445-4B4-CYWS Monitor Honeywell Unknown 2 n/a Power Supply for Analog Cams HP Deskjet 3520 1 CX052-80042 Printer HP Deskjet 6940 1 MY65A7R02D Printer HP LaserJet 1320n 1 CNHC59X30J Printer HP LaserJet P2055dn 1 CNB9055225 Printer HP OfficeJet 6000 1 CNOCD1 F222 Printer HP OfficeJet Pro 6230 1 TH7BS6ROTV Printer HP OfficeJet Pro 6978 1 TH81 B1 Q1 TF Printer HP OfficeJet Pro 8100 1 CN45BFVOY2 Printer Page 1 oft 11/01/2019 City of Aventura Computer Equipment Inventory Brand Model Qty Serial Number Type Metrologic Instruments Orbit MS7120 1 5707022175 Barcode Scanner Miscellaneous Analog camera 20 n/a Analog CCTV Cameras Miscellaneous Analog camera 16 n/a Analog CCTV Cameras Panasonic CF -19 1 5BKYA18389 Laptop Panasonic CF -19 1 5BKYA18390 Laptop Verizon Aircards 9 Aircards Verizon Mi-Fi 1 Mi-Fi 1 1 Box of Cables, Keyboards, and Mice Page 2 of 2 11/01/2019 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: November 1, 2019 SUBJECT: Resolution Approving Legislative Programs and Priorities for 2020 November 5, 2019 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached Resolution approving the Legislative Programs and Priorities for 2020. The document includes items discussed at the October Workshop Meeting. If you have any questions, please feel free to contact me. RJW/act Attachment CC01837- 19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA ADOPTING THE CITY OF AVENTURA 2020 LEGISLATIVE PROGRAM AND PRIORITIES ATTACHED HERETO; AUTHORIZING THE CITY MANAGER TO TAKE NECESSARY ACTION TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City of Aventura 2020 Legislative Program and Priorities, attached hereto, is hereby adopted. Section 2. The City Manager is authorized to take all action necessary to implement the purpose of this Resolution. Section 3. This Resolution shall be effective immediately upon adoption hereof. The foregoing Resolution (adopting the items of the Legislative Program, excluding Item #11) 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 The foregoing Resolution (as to solely the portion adopting Item #11 of the Legislative Program) 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 5t" day of November, 2019. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 2 of 2 CITY OF AVENTURA LEGISLATIVE PROGRAM AND PRIORITIES 2020 Mayor Enid Weisman Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath City Attorney Weiss Serota Helfman Cole & Bierman, P.L. . ................. E E 2020 Mayor Enid Weisman Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg City Manager Ronald J. Wasson City Clerk Ellisa L. Horvath City Attorney Weiss Serota Helfman Cole & Bierman, P.L. CITY OF AVENTURA LEGISLATIVE PROGRAMS AND PRIORITIES 2020 This document is intended to provide direction to the City Manager, City Attorney and Legislative Lobbyist as to the official City position regarding issues and pending legislation which would affect the operation of local government. This document further provides priorities for the acquisition of supplemental funding (grants) for various programs. The City of Aventura will endorse and support legislation that will: 1. Support Legislation to expressly mandate that school boards share referendum revenue with municipal charter schools as the tax revenue is collected each year and to share on a per student basis, regardless of the year at which the tax referendum was initially approved by the voters. 2. Support the home rule powers of local government. 3. Provide a dedicated revenue source for Charter School capital improvements at the same levels provided to the local school boards. 4. Support legislation to increase financial support for Charter schools. 5. Increase educational funding levels for Miami -Dade County Traditional and Charter public schools in order to meet per pupil State Constitutional requirements. 6. Amend State law allowing a more economical method of advertising for a public hearing relating to Comprehensive Plan adoption and/ or amendments. 7. Adopt the 2020 Policy Statement of the Florida League of Cities as applicable to the City of Aventura 8. Enact a law enabling cities to prohibit smoking at city sponsored events or activities and/ or at city parks and facilities. Smoking is defined as "any nicotine delivery device including but not limited to smoking and chewing tobacco. 9. On a state-wide level, ban the use of handheld phones by persons operating motor vehicles, but allowing hands free phone devices. 10. Preserve municipal authority for red light camera safety programs. 11. Amend Safe Harbor provisions (Fla. Stat. 718.116(1)(b) condos and 720.3085(2)(c) HOAs) to increase the liability of qualified lending institutions to the lesser of twenty-four (24) months of past due assessments or two percent (2%) of the original mortgage in the event of a foreclosure plus recovery of reasonable attorney fees. 12. Support initiatives to address the impact of rising seas on the South Florida area. 13. Fund the design and construction of the proposed westbound Improvements to the intersection of NE 203 Street/Biscayne Boulevard. Fund the review of alternatives to improve traffic flow at Miami Gardens Drive and Biscayne Boulevard Intersection. 14. Support legislation to amend Section 768.28, Florida Statutes, to expressly state that sovereign immunity constitutes immunity from suit (not just immunity from liability) to the extent not waived by applicable law. 15. Support the adoption of legislation to restore municipal authority to regulate drones in order to protect privacy and to protect persons and property within the municipality. 16. Support funding to reduce traffic congestion by developing alternate transportation modes. The City of Aventura will seek state financial assistance for the following projects: 1. Funding for Storm Water infrastructure improvements: 213th Street and Yacht Club Drive. $750,000 2. Installation of Curbing for Flooding Mitigation on Country Club Dr., 190th St. and Aventura Blvd. $843,525 3. Install Field Turf Artificial Grass at Waterways Park for Beneficial Environmental Impact and Increased Use for Residents and School Sports Programs $1,492,623 CITY OF "ENTURA COMMUNITY SERVICES DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Kimberly Merchant, Community Services Director DATE: November 1, 2019 SUBJECT: Resolution authorizing the City Manager to execute the attached agreement with Softball 2-4 Cure, LLC to perform Adult Softball Management Services as set forth in Request for Proposals (RFP) Number 19-08-01-2 November 5, 2019 City Commission Agenda Meeting Item UP 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 Softball 2-4 Cure, LLC to perform adult softball management services as set forth in RFP 19-08-01- 2. Background: Fees were negotiated with Softball 2-4 Cure, LLC which was the only respondent to RFP 19-08-01-2, and the contract has been prepared to conform the specifications identified in this RFP. The Agreement has been reviewed by the City Attorney's Office. The Agreement is for initial three (3) year term, with the option to extend for one (1) additional three (3) year term. A copy of the above listed RFP, as well as vendor responses, and other supporting documents are available for your review. 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 TO ENTER INTO THE ATTACHED AGREEMENT BETWEEN THE CITY OF AVENTURA AND SOFTBALL 2-4 CURE, LLC TO PERFORM ADULT SOFTBALL MANAGEMENT SERVICES AS SET FORTH IN RFP NO. 19-08-01-2; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Agreement (the "Agreement") in substantially the form attached hereto, between the City of Aventura and Softball 2-4 Cure, LLC to perform adult softball management services as set forth in RFP No. 19-08-01-2. Section 2. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner , who moved its adoption. The motion was seconded by Commissioner , and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Commissioner Dr. Linda Marks Commissioner Gladys Mezrahi Commissioner Marc Narotsky Commissioner Robert Shelley Commissioner Howard Weinberg Mayor Enid Weisman PASSED AND ADOPTED this 5th day of November, 2019. City of Aventura Resolution No. 2019-_ ENID WEISMAN, MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 2 of 2 EXHIBIT "A" AGREEMENT BETWEEN THE CITY OF AVENTURA AND SOFTBALL 2-4 CURE TO PROVIDE ADULT SOFTBALL MANAGEMENT SERVICES PER RFP# 19-08-01-2 THIS AGREEMENT is entered into this 5t" day of November 2019 between the City of Aventura, a Florida municipal corporation, (CITY) and Softball 2-4 Cure, (CONTRACTOR) for services to commence on or before December 5, 2019. WHEREAS, the CITY desires to retain the professional services of CONTRACTOR to provide adult softball management services; and WHEREAS, the CONTRACTOR desires to provide adult softball management services to the CITY and its residents. NOW, THEREFORE the Parties agree as follows: ARTICLE I GENERAL CONDITIONS The CONTRACTOR agrees to: 1.1 Provide adult softball management services for CITY residents in accordance with the conditions and specifications set forth in Request For Proposal # 19-08-01-2 Adult Softball Management Services, incorporated herein and attached as Exhibit "A," and all existing and future rules, regulations, and procedures relating to the usage of the CITY's facilities. 1.2 Conduct all adult softball management programs and services as assigned by the City Manager, or his designee, in a professional, careful and responsible manner with due regard for the safety of the participants and others, during normal operating hours. CONTRACTOR shall also advise the Community Services Director or designee, in writing, of all schedules, to which the Community Services Director may recommend changes. 1.3 Be solely responsible, at CONTRACTOR's sole expense, for securing, providing and compensating all assistants, instructors, coaches, officials, and other personnel costs associated with providing adult softball, or as required by the CITY, at its sole discretion. 1.4 The CITY shall provide athletic fields for all recreation programs, and shall register participants for all programs at no cost to the CONTRACTOR. 1.5 Be solely responsible for procuring, providing and paying for player and staff uniforms, work labor, transportation, athletic equipment, materials, supplies, and all other costs associated with providing adult softball as may be required, and to perform these professional recreation management services safely and adequately. CITY shall approve�all uniforms prior to issuance. i 1.6 Actively recruit and train volunteers to fulfill the roles of coaches, officials, scorekeepers, and other capacities for adult softball programs and leagues. 1.7 Provide all adult softball programs and leagues as directed by the Community Services Director, at his sole discretion. The Community Services Director shall authorize each activity, class, league, or program prior to planning registration and approve all schedules prior to conducting registration. 1.8 Provide proof of documentation that all officials used by CONTRACTOR are certified, as approved by the Community Services Director, prior to the start of each league. 1.9 Provide the CITY with a copy of rules for each league or program for CITY approval prior to the start of each season. 1.10 Provide the CITY with any special maintenance requirements with at least seven (7) days prior notice. 1.11 Recognize that all City facilities shall be available for general public use at any time, except for league games, or as otherwise authorized by the Community Services Director. 1.12 Be responsible for enforcing compliance with the approved rules for all adult softball programs, leagues, and activities. The CITY reserves the right to enact other rules, if necessary, at its sole discretion. 1.13 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. 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. 1.14 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. Michael Jacobs President 20875 NE 31St Place Aventura, FL 33180 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. 1.15 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. 1.16 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 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. 1.17 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: 1.17.1 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 $1,000,000.00 each accident and a waiver of subrogation. 1.17.2 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 $1,000,000.00 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. 17.3 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 $1,000,000.00 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 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. 4 1.17.4 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. 17.5 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. 1.18 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. 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. 1.19 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 OSHA. The Contractor must comply with all of the City's park rules and regulations. 1.20 Protection of Property, Utilities, and the Public - The Contractor must protect public and private property from damage or loss arising in connection with 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. 1.21 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. 1.22 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. 1.23 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. 1.24 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. 1.25 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; 6 Tas, m: <_.- 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. 1.26 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. 1.27 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. 1.28 Utility Service - The City will provide the existing utility service to the Facilities for use in providing the Programs. 1.29 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 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, 1.29.1 The following circumstances shall not constitute Force Majeure: Economic hardship shall not constitute Force Majeure. 1.30 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. 1.31 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. 1.32 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. 1.33 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. 1.34 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. 81 P z_ ` 1.35 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. 1.36 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 entitled to lost profits, overhead or consequential damages as a result of a Termination for Convenience. 1.37 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. 1.38 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. 1.39 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. 1.40 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. 1.41 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. 1.42 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. 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. 1.43 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. 1.44 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. 1.45 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. 1.46 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. 1.47 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 action is commenced within six (6) months after the date of such termination by the City. 1.48 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. 1.49 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. 1.50 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 111 y.<_a. — fit, including but not limited to: award of other contracts, use of another contractor, or perform the Work with its own employees. 1.51 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. 1.52 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. 1.53 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. 1.54 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. 1.55 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. 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 13 1 -` .:J 2.1.1 City shall pay to the Contractor a contractor fee in the amounts collected by the City equal to 65-70% of the registration fees and program fees collected for adult softball programs facilitated by the Contractor at any City facility. The revenue percentage is based upon the number of teams registered per Softball 2-4 Cure submitted proposal. 2.2 FEES are to be collected by the City 2.3 Adult softball team fees are $540 for a team that consists entirely of Aventura residents. Any teams that have non-resident participants will be considered a non-resident team and follow the 35% fee structure to be $730. 2.4 All fees paid for future years will be established prior to the release publically as mutually agreed upon, no later than February 1 st of each year. 2.5 CONTRACTOR may solicit sponsors for adult softball leagues, subject to CITY approval, at its sole discretion. Sponsors shall not be solicited without the express written consent of the Community Services Director. ARTICLE 3 SPECIAL TERMS AND CONDITIONS 3.1 Payment — the City shall provide the Contractor with a report for the revenue derived from all adult softball 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. 3.2 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. 3.3 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. 3.4 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. 3.5 Program Conflicts — the Community Services Director, in his or her sole discretion, may change or cancel any activity due to inclement weather, special 14ti;> �. �r events, conflicting schedules, Program events or Services, for unforeseen 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. 3.6 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. 3.7 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 City facilities and during any activities organized by the Contractor at the Facilities. Contractor must comply, at its own cost, with 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 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. Furthermore, the CITY reserves the right to enforce trespass laws upon and/or suspend, bar, ban, or expel any CONTRACTOR employee, coach, volunteer, counselor, or instructor from any CITY facility, park, or center for any reason, at its sole discretion, without recourse from the subject person or the CONTRACTOR. 3.8 Contractor shall ensure that all volunteers and staff obtain ID's issued by the City and have their ID's visible at all times while on the City Facilities. 3.9 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 maintained in a good, safe and workmanlike manner, and will be provided solely at the Contractor's expense. 151 F� a 2 r,, 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. 3.10 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. 3.11 Marketing - The Community Services Director will develop marketing materials. Any additional marketing and promotional materials must be approved by the City and the costs will be at the sole expense of the Contractor. All marketing and promotional materials are subject to the prior written approval of the City Manager or designee. 3.12 Signage — the Contractor will not install or place any signs on City Property without the prior written approval of the 3.13 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 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. 3.14 Transportation of Program Participants - Where the Contractor provides transportation for Program participants, inclusive of trips, transportation from a destination 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. IN WITNESS THEREOF, the parties hereto have made and executed this Agreement on the date above: CITY OF AVENTURA " ATTEST: Ellisa L. Horvath, MMC City Clerk APPROVED AS TO LEGAL FORM: City Attorney Ronald J. Wasson City Manager CONTRACTOR M 171 P a- Michael Jacobs President Softball 2-4 Cure CITY OF "ENTURA DEPARTMENT OF PUBLIC WORKS AND TRANSPORTATION MEMORANDUM TO: City Commission FROM: Ron J. Wasson, City Manage BY: Antonio F. Tomei, Capital Projects Manager 6� THRU: Joseph S. Kroll, Director, Public Works and Transportation DATE: November 1, 2019 SUBJECT: Bid No: 20-10-11-2 — NE 213th ST School Zone Flashing Beacons November 5, 2019 City Commission Meeting Agenda Item CP Recommendation It is recommended that the City Commission adopt the attached Resolution awarding Bid No. 20-10-11-2, NE 213th Street School Zone Flashing Beacons to the lowest responsible and responsive bidder, AUM Construction, Inc. in the amount of $175,000. This project will be funded by Budget Line Item Number 120-5401-541.63-41. Background In accordance with the City's Purchasing Ordinance, bids for this project were solicited, advertised, and opened on October 11, 2019. The City received the following one (1) bid: AUM Construction, Inc. $175,000.00 This bid price allows for labor, equipment, machinery, superintendence, mobilization and all services necessary for the installation of School Zone Flashing Beacons for Don Soffer Aventura High School. Budget Amount - $250,000.00 If you have any questions or need any additional information, please feel free to contact me. RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AWARDING AND LETTING A BID/CONTRACT FOR BID NO. 20-10-11-23 NE 213TH STREET SCHOOL ZONE FLASHING BEACONS TO AUM CONSTRUCTION, INC. AT THE BID PRICE OF $175,000; AUTHORIZING THE CITY MANAGER TO EXECUTE ASSOCIATED CONTRACTS; 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 BID AWARD; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Manager has, pursuant to the various laws of the State of Florida and the Code of the City of Aventura, properly solicited and accordingly accepted bids for BID NO. 20-10-11-2, NE 213th Street School Zone Flashing Beacons; and WHEREAS, sealed bids have been submitted to and received by the City pursuant to the City's Invitation to Bid/Notice to Bidders, specifications, proposals, and requirements for the project/work as cited above; and WHEREAS, staff has determined that AUM Construction, Inc. has submitted the lowest responsible and responsive bid for said project/work; and WHEREAS, the City Commission, upon the recommendation of the City Manager, is therefore desirous of awarding said bid/contract to said lowest responsible and responsive bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1: That the bid/contract for BID NO. 20-10-11-2, NE 213th Street School Zone Flashing Beacons, is hereby awarded to AUM Construction, Inc. in the amount of $175,000. City of Aventura Resolution No. 2019 - Section 2: That the City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, and specifications as set forth in the subject Invitation to Bid/Notice to Bidders, bid specifications, bid proposal and bid requirements, or if a City prepared contract was part of said bid proposal, said parties shall execute said prepared contract on behalf of the City. Section 3: That 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 bid/contract. Section 4: That 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 120-5401-541.63-41. Section 5: This Resolution shall be 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 Page 2 of 3 City of Aventura Resolution No. 2019-_ PASSED AND ADOPTED this 5t" day of November, 2019. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 3 of 3 M. mi - �y �. Y MN To: Joseph S. Kroll, MPA, CPM, CFM Public Works & Transportation Director City of Aventura From: John J. McWilliams, P E '( Date: October 22, 2019 Subject: NE 213th Street School Zone Flashing Beacons (Bid No. 20-10-11-2) Contract Award Recommendation Per your request, we have reviewed the single price bid submitted by AUM Construction, Inc. for the above-mentioned project. No other submittals were received for this project. The overall total cost of $175,000 is within the expected cost range. We recommend awarding contract for the above - referenced project to AUM Construction, Inc. K-.\FTL_ T 1 0\0400850 0-Pocr!pano VVA3 Atlantic One\Correspondence\OG 27 '18 stanton memo INA/ 3 ;'atlantic One Methodoiogy.docx 600 North Pine IslandRoad„ Suite 450,,P anta ionL 33324- SECTION 00410 SCHEDULE OF VALUES — BIDDER'S COMPANY NAME:/44Y/1,,/-,-,,,7 Time to Substantial Completion: 180 calendar days upon issuance of the Notice to Proceed. Time to Final Completion: 30 calendar days. TOTAL CONTRACT TIME = 210 CALENDAR .DAYS Pay Estimated Item Description Unit Unit Price Extended Price Quantity GENERAL 100 1 General Conditions and Mobilization LS 101 1 Provide Maintenance Of Traffic per FDOT 600 Series Design Standards LS SIGNALIZATION 102 40 Grounding Electrode LF L-2 103 510 Conduit, Furnish & Install, Underground LF 104 2 Cable, Signal, Furnish & Install PI 105 6 Pull & Splice Box, Furnish & Install, , EA / 13" x 24" Cover Size Electrical Power Service, Furnish & 106 1 Install, -Underground, Meter Purchased AS by Contractor 107 1,000 Service Wire LF 108 1 Electrical Service Disconnect, Furnish EA �21 Oi�q­ e9a & Install, Pole Mount 109 1 Prestressed Concrete Pole, Furnish & EA Install, Type P-11 Service Pole 110 1 Mast Arm Combination, Standard, As Dade Co. Class DS -28 111 1 Mast Ann Combination, Standard, AS Dade Co. Class DS -30 112 2 Traffic Signal, 1 Section, 1 Way, AS Standard 113 2 Contmller Cabinet Pole Mounted EA (Flasher Type 3) 114 2 Programmable Time Switch EA N.E. 213111 Street School Zone Flashing Beacons City of Aventura Bid No. 20-10-11-2 KHA Project No. 043508006 Addendum No. I 00410-4 N.E. 2131h Street School Zone Flashing Beacons City of Aventura Bid No. 20-10-11-_' KHA Project No. 043508006 Addendum No. I 00410-5 TOTAL COST SIGNING AND MARKING 115 1 Single Post Sign, Furnish & Install, AS Ground Mount, Up To 12 SF 116 1 Single Post Sign, Relocate AS 069 117 2 Sign Panel, Furnish & Install, Overhead Mount, 12-20 SF EA 0 $'�/' 118 4 Sign Panel, Furnish & Install, EA Overhead Mount, 31-50 SF MISCELLANEOUS 119 1 Underground Electric Line Modification EA 120 1 Miami Dade County Traffic Signals AL $1,000.00 Permit Fees 121 1 Off -Duty Police Services AL $5,000-00 N.E. 2131h Street School Zone Flashing Beacons City of Aventura Bid No. 20-10-11-_' KHA Project No. 043508006 Addendum No. I 00410-5 TOTAL COST CITY OF AVENTURA BID TABULATION WE 21� STREET SCHOOL ZONE FLASHING BEACONS BID # 20-10-11-2 Bid opening after 2:00 pm on Friday, October 11, 2019 TOTAL BASE BID SU13 LISTED �i BIDDER QUAL. STIVIT AUM CONSTRUCTION, INC. $175,000.00 Offers listed from the vendors herein are the only offers received timely as of the above opening date and time. All other offers submitted in response to this solicitation, if any, are hereby rejected as late. a� f Purchasing Agent: In a garju, CPPB D ted: CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager ly DATE: November 1, 2019 SUBJECT: Recommendation to Appoint Parent Representative Members to the Don Soffer Aventura High School Advisory Board November 5, 2019 City Commission Meeting Agenda Item C.®F' RECOMMENDATION It is recommended that the City Commission adopt the attached Resolution appointing Nikki Shein and Michael S. Yavner to serve a one-year term as Parent Representative Members to the Don Soffer Aventura High School Advisory Board. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1838-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, APPROVING THE APPOINTMENT OF PARENT REPRESENTATIVE MEMBERS TO THE DON SOFFER AVENTURA HIGH SCHOOL ADVISORY BOARD FOR A ONE-YEAR TERM; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 2-218 of the Aventura City Code provides for the creation of the Don Soffer Aventura High School Advisory Board, with two (2) voting members consisting of parents of those students enrolled in the Don Soffer Aventura High School who are selected by the parents of the High School students; and WHEREAS, the City has received the election results of the two parents selected by the Don Soffer Aventura High School parents; and WHEREAS, in accordance with the provisions of Section 3.11 of the Aventura City Charter, the City Commission wishes to provide for approval of the Mayor's appointment of those members to the Don Soffer Aventura High School Advisory Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Commission hereby approves the appointment by the Mayor of the following individuals to serve as the parent representative voting members of the Don Soffer Aventura High School Advisory Board for a one-year term: Nikki Shein Michael S. Yavner Section 2. 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 5t" day of November, 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 OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manag r DATE: November 1, 2019 SUBJECT: Resolution Approving Charter Schools USA Charter School Program (CSP) Grant Policies and Procedures Manual November 5, 2019 City Commission Meeting Agenda Item CO & RECOMMENDATION Charter Schools USA requests approval of their Charter School Program (CSP) Grant Policies and Procedures Manual so it can be submitted to the Miami -Dade School District for Charter School Compliance and Support. In your capacity as the Governing Board for the Don Soffer Aventura High School, I recommend approval of this manual. If you have any questions, please feel free to contact me. RJW/act Attachment CC01841-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL, APPROVING THE ATTACHED CHARTER SCHOOLS USA CHARTER SCHOOL PROGRAM (CSP) GRANT POLICIES AND PROCEDURES MANUAL; AUTHORIZING THE EXECUTION OF NECESSARY DOCUMENTS; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Don Soffer Aventura High School (DSAHS), a municipal charter school, desires to adopt the attached Charter Schools USA Charter School Program (CSP) Grant Policies and Procedures Manual as required by certain grant applications; and WHEREAS, the City Commission, acting in its capacity as the governing board of DSAHS, finds that approval of the attached Charter Schools USA CSP Grant Policies and Procedures Manual is in the best interest of the City NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the Charter Schools USA CSP Grant Policies and Procedure Manual, as attached hereto, is hereby approved and adopted by the City Commission of the City of Aventura, Florida, acting in its capacity as the governing board for the Don Soffer Aventura High School. Section 3. That the proper City and School officials are hereby authorized to execute the Charter Schools USA CSP Policies and Procedure Manual, in substantially the form attached hereto. Section 4. That the City Manager is hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 5. That this Resolution shall take effect immediately upon 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 5t" day of November, 2019. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 2 of 2 *"do A4p%� CHARTER SCHOOLS, USA Charter School Program Grant Policies & Procedures Manual TABLE OF CONTENTS Preface... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....Page 3 Conflict of Interest... ... ... ... ... ... ... ... ... ... ... ... ... ... ...... ...Pages 3-4 Member Annual Conflict of Interest Form... ... ... ... ... ... ......Page 5 Purchasing Policy... ... ... ... ... ... ... ... ........ ... ... ... ... ..........Pages 6-11 Internal Controls... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ........ .Pages 12-14 Accounting,Reporting, and Inventory Control... ... ... ... ... ...Pages 15-21 Enrollment and Admissions Policy... ... ... ... ... ... ... ... ... .... Pages 22-23 Board Resolution/Approval of Revised Procedure Manual......Page 24 2 PREFACE Don Soffer Aventura High School (DSAHS)is a municipal charter school of the City of Aventura(the "City"). DSAHS is subject to the regulations of the City as applicable. DSAHS' School Charter with the Miami- Dade County School Board, and the City Code's procurement and ethics requirements, and the applicable provisions of the Miami-Dade County Ethics Code, shall be incorporated herein. In the event of a conflict, the stricter provisions shall control and be applied. CONFLICT OF INTEREST POLICY City of Aventura Board of Commission Article I Purpose Members of the Board of Directors ("Members" or collectively the"Board") of the City's Board of Commission("School") shall be subject to the provisions of Florida law pertaining to the avoidance of conflicts of interest in holding public office, including, but not limited to, Part III of Chapter 112, Florida Statutes, Code of Ethics for Public Officers and Employees, as may be amended from time to time. The purpose of this Conflict of Interest Policy is to define Member obligations and ensure Board compliance with the law. This policy is intended to supplement but not replace any applicable state and federal laws governing conflict of interest applicable to nonprofit and charitable organizations. Article II Prohibited Financial Interest 1. Prohibited Financial Interest Prohibited Financial Interests are deemed a Conflict of Interest. Members shall not have a financial interest in the School either directly or indirectly, through business, investment, or family. Such prohibited financial interests include: a An ownership interest or investment in any entity with which the School has a transaction or arrangement; b. A compensation arrangement with the School or with any entity or individual with which the School has a transaction or arrangement; or c. A potential ownership or investment interest in, or compensation arrangement with, any entity or individual with which the School is negotiating a transaction or arrangement. Compensation includes direct and indirect remuneration as well as gifts or favors. Receiving and/or soliciting gifts or favors from vendors, entities or individuals seeking, or who are in a position to seek, business from the School is likewise prohibited. 3 Article III Procedures Conflict of Interest 1. Duty to Disclose In connection with any conflict of interest with an item of Board action, a Member must disclose the existence of the conflict prior to any vote on such action. 2. Recusal of Self A Member must recuse himself or herself from involvement in any decision or discussion regarding any action in which the director believes he or she has a conflict of interest. 3. Violations of the Conflicts of Interest Policy a If, after hearing the Member's response and after making further investigation as warranted by the circumstances, the governing board or committee determines the Member has failed to disclose an actual or possible conflict of interest, it shall take appropriate disciplinary and corrective action. Article IV Records of Proceedings The minutes of the governing board shall contain: a. The names of the persons who disclosed or otherwise were found to have a conflict of interest relating to a Board action. b. The names of the persons who were present for discussions and votes relating to the action, the content of the discussion, and a record of any votes taken in connection with the proceedings. Article Compensation No Member shall receive compensation, directly or indirectly, from the School. Article VI Annual Statements 1. Each Member shall annually sign a statement which affirms such person: a. Has received a copy of the conflicts of interest policy. b. Has read and understands the policy. c. Has agreed to comply with the policy. 2. The Board shall regularly and consistently monitor and enforce compliance with this policy by reviewing annual statements and taking such other actions as are necessary for effective oversight. 4 Member Annual Conflict of Interest Statement Name: Date: I affirm the following (please initial): I have received a copy of the Organization's Conflict of Interest Policy. (initial) I have read and understand the policy. (initial) I agree to comply with the policy. (initial) Mayor Date: s PURCHASING POLICY Procurement Standards/Expenditure of Grant Funds-Expenditures of grant funds shall be through the purchasing,finance or payroll department processes in place of non-grant funds,but shall have additional requirements as noted below to ensure full compliance with federal cost principles. General Procurement Standards-CSUSA shall comply with all Education Department General Administrative Regulations(EDGAR)federal regulations in the management of federal grant awards and state-administered grants. All purchases of equipment,materials and supplies will be made in accordance with all applicable laws and regulations,including state guidance where applicable(e.g.,Chapter 287,Florida Statutes), 2 CFR §200.318(a),Board policy and any school purchasing procedures. All employees involved in purchasing are expected to be familiar with these requirements The CSUSA Charter Fiscal Agent will ensure that written specifications for desired products are descriptive, clear and incorporate the quality requirements and service needs of CSUSA schools. Unless otherwise mandated by federal or state guidance, CSUSA does not require a minimum number of bids,proposals or quotes required for the purchase of apparatus,goods, supplies and equipment(whether formally or informally bid);however,the Board encourages the SOA or Procurement Manager to obtain at least two(2)bids, proposals or quotes when feasible. Except as otherwise required by law or specified by the Board or governing body,the Director of Procurement is delegated the authority to award contracts for the purchase of equipment,material and supplies,involving amounts up to $100,000. Any purchases or contracts involving expenditures greater than this amount must be approved by the Board or governing body. The Director of Procurement and any additional staff deemed appropriate by the director will review submissions of bids,proposals or quotes to determine if they are responsive to the CSUSA school specifications and will make recommendations to the director. The director will award the contract based upon such recommendations or will make a recommendation to the Board or governing body for award of the contract. The Grant Coordinator must approve purchases over$3,000 prior to encumbrance. The SOA and or Federal Grant Coordinator may authorize up to$3,000 without prior approval of the director as allowed per the school's budget(including local, state and federal approved budgets). The Grant Coordinator may approve small local and state purchases up to $500 per the school's budget. Equipment,materials and supplies are purchased in accordance with the following requirements. Formal Bids($90,000 or more)-The purchase of apparatus, supplies,materials or equipment for expenditures of$90,000 or more must be secured through the competitive bid process governed by federal and state guidance (e.g., Section 287.057, Florida Statutes). The Procurement Manager or State Director,in consultation with the Director of Procurement is authorized to determine the best method for formally bidding a product or, as appropriate,utilizing one of the exceptions to formal bidding as provided below in section E. The Procurement Manager will oversee the use of any purchasing method and will ensure that all state requirements are met, including advertisement, sealed bids,maintaining records and public opening of bids. The Board authorizes the use of newspaper advertisement,electronic advertisement or both for formal bids;however,the Procurement Manager has the authority to determine which method will be used for a specific purchase or categories of purchases. Awards will be made to the lowest responsible bidder(s)whose bid/proposal meets the requirements and criteria set forth by CSUSA schools,taking into consideration quality,performance and the time specified in the proposal for the performance of the contract. 6 To be eligible for an award of a contract subject to federal and state guidance, the contractor and its subcontractors, if any, must demonstrate compliance with all applicable provisions of federal and state guidance,including the responsibility to use E-Verify.All contracts awarded must be in writing. The Board permits the use of the following processes for contracts that require formal bidding. 1. Competitive Sealed Bids—A competitive sealed bid (or invitation to bid)may be used to request the cost of particular goods by providing detailed specifications in advance. 2. Reverse Auction-Pursuant to federal and state guidance, (1), CSUSA schools may use reverse auctions as an alternative to sealed bid procedures. For purposes of this policy,reverse auction means a real-time purchasing process in which bidders compete to provide goods at the lowest selling price in an open and interactive environment. The Procurement Manager or State Director in consultation with the Director of Procurement, will determine whether reverse auctions are appropriate for a specific purchase or category of purchases. To conduct a reverse auction, the Procurement Manager may use a third party, may use the state's electronic procurement system or,if appropriate equipment is available,may conduct the auction via school equipment. 3. Exceptions to Formal Bids—Any of the processes outlined below in section E can be used in lieu of formal bidding,if all requirements of state law are met. Informal Bids($5,000 to$90,000)-The purchase of apparatus,supplies,materials or equipment for expenditures of $5,000 to $90,000 must be secured through the informal bidding process governed by federal and state guidance. The Procurement Manager, in consultation with the State Director is authorized to determine the best method for informally bidding a product. The Procurement Manager will oversee the use of any purchasing method and will ensure that all state requirements are met, including maintaining records of all bids submitted. Awards will be made to the lowest responsible bidder(s)whose bid or proposal meets the requirements and criteria set forth by CSUSA schools,taking into consideration quality,performance and the time specified in the proposal for the performance of the contract. 1. Competitive Sealed Bids — Informal bid requirements may be met using sealed bids. The purchasing officer may utilize the methods for formal competitive bids provided in section A or may determine other appropriate methods for soliciting sealed bids. The bid specifications will include the time, date and place for opening bids. No advertisement for bids is necessary (unless the formal bid process is used);however,the purchasing officer may advertise for bids as he/she deems appropriate. 2. Quotations — Informal bid requirements may be met by the solicitation of quotes from prospective vendors. Quotations may be solicited and submitted via telephone, fax, email or website. Telephone quotes must be placed in writing before a final contract will be awarded. Written quotations must be on the vendor's letterhead or an official quotation. 3. Reverse Auction—A reverse auction may be used to solicit informal bids, consistent with the process provided in Formal Bids,Reverse Auction explained above. 4. Exceptions to Informal Bids—Any of the processes outlined below in section E can be used in lieu of informal bidding,if all requirements of state law are met. Purchases for less than $5,000 1. Micro Purchases 2 CFR§ 200.67 -Acquisition of supplies or services,the aggregate dollar amount of which does not exceed $10,000 (or $2,000 in the case of acquisitions for construction subject to the Davis- Bacon Act). Micro-purchases may be awarded without soliciting competitive quotations but must be distributed equitably among qualified suppliers. Equitability will be ensured through electronic 7 bidding, maintenance and use of various catalogs and requests for good or services via the school website, and solicitation to various vendors, especially small, minority women-owned businesses and labor surplus area firms. 2. Purchases for equipment, materials and supplies costing less than $5,000, but more than $3,000, purchases will be made under conditions,which foster competition among potential vendors. Purchase decisions should be made after considering price, quality, suitability for specified need and timeliness of delivery and performance. Records of all informal bids will be kept and will be available for public inspection. Such records will include the date the bid is received,from whom it is received,and for what item. Electronic Bidding: Pursuant to federal and state guidance, CSUSA schools may receive bids electronically in addition to or instead of paper bids. If electronic bids are used for purchases that must be formally bid, procedures for receipt of electronic bids must be designed to ensure the security,authenticity and confidentiality of the bids to at least the same extent as provided with paper bids. The Procurement Manager, in consultation with the State Director, will determine whether electronic bidding is appropriate for a specific purchase or category of purchases. Exceptions to the Formal and Informal Bidding Requirements: CSUSA SCHOOLS may utilize the following purchasing options instead of pursuing competitive bidding for non-federal purchases. Formal or informal bidding is not required if any of these processes are used. The Procurement Manager is responsible for gathering information to document the basis for the use of any exceptions to the competitive bidding requirements. The Procurement Manager, in consultation with the State Director,will determine whether using one of the following exceptions is appropriate for a specific purchase or group of purchases. 1. Purchases from Other Governmental Agencies — Pursuant to federal and state guidance, CSUSA schools may contract for the purchase, lease or other acquisition of apparatus, supplies,materials, or equipment from any other federal,state or local governmental agency. 2. Special Emergencies—Pursuant federal and state guidance,competitive bidding is not required in cases of special emergencies involving the health and safety of people or their property. For an emergency to exist under the statute, the following factors must exist: (1)the emergency must be present, immediate and existing; (2)the harm cannot be averted through temporary measures; and (3)the emergency must not be self-created by CSUSA schools. 3. Competitive Group Purchasing_— Pursuant to federal and state guidance, CSUSA schools may make purchases through a competitive bidding group purchasing program,through which another entity uses a competitive process to establish contracts on behalf of multiple entities at discount prices. 4. State Term Contract— Pursuant to federal and state guidance, CSUSA schools may purchase products included in state term contracts with the state vendor for the price stipulated in the state contract, if the vendor is willing to extend CSUSA schools the same or more favorable prices,terms and conditions as established in the state contract. 5. Sole Source Items—Pursuant to federal and state guidance,upon approval of the Board, CSUSA schools may purchase an item through a single/sole source contract under the following circumstances: (1)when performance or price competition is not available; (2) when a needed product is available from only one source of supply;or(3)when standardization or compatibility is the overriding consideration. When requesting a purchase under the sole source exception, the State Director will provide the Board with documentation that justifies the use of the exception. 6. .Piggybacking"or Previously Bid Contracts—Pursuant to federal and state guidance, upon approval of the Board of education, CSUSA schools may purchase from any supplier that,within the previous 12 8 months,has contracted to furnish the needed item to the federal government,to any state government,or to any agency or political subdivision of the federal government or any state government. Before recommending a purchase using the piggybacking exception,the Procurement Manager will ensure that the following requirements are met: (1)the price and other terms and conditions of the contract are at least as favorable as the prior contract; (2)the contract was entered into following a bid process substantially similar to that required by North Carolina General Statutes; (3)the same vendor is used; and(4)notice of intent to award the contract without bidding is publicly advertised at least 10 days prior to the regularly-scheduled Board meeting at which the contract will be approved. Before approving the contract,the Board must determine that using the contract is in the best interest of CSUSA schools. 7. Purchases of Information Technology Goods and Services—Pursuant to federal and state guidance, CSUSA schools may purchase or lease information technology through contracts established by the State Office of Information Technology Services. The Procurement Manager will work with the information technology department to ensure that any such purchases meet the needs of CSUSA schools In addition, CSUSA schools also may purchase information technology goods and services by using a request for proposal(RFP)Pursuant to federal and state guidance„provided that the following requirements are met: (1)notice of the request is provided consistent with the formal bidding notice requirements and(2)contracts are awarded to the person or entity that submits the best overall proposal as determined by the Procurement Manager. The RFP should describe the scope of work,general terms and conditions,specifications of the product needed by CSUSA schools,and the application process. The information technology supervisor will assist the purchasing officer in reviewing the responsiveness of any RFP submitted pursuant to this subsection. RFPs will be evaluated using the "best value"method as defined in federal and state guidance, so that the school can select the most appropriate technological solution to meet CSUSA schools 's objectives. However,in situations where the purchasing officer considers the purchase to be highly complex or is unable to clearly determine what the optimal solution for CSUSA Schools is,the"solution-based solicitation"or"government- vendor partnership"method may be used. The Procurement Manager may negotiate with the proposer to obtain a final contract that meets the best needs of CSUSA Schools,as long as the alterations based on such negotiations do not deprive proposers/potential proposers of the opportunity to compete for the contract and do not result in the award of the contract to a different person or entity than it would have been if the alterations had been included in the RFP. 8. Gasoline,Fuel and Oil Purchases—Pursuant to federal and state guidance, CSUSA schools may purchase gasoline,fuel and oil products without using formal competitive bidding. However,such purchases are subject to the informal bidding requirements described above. 9. Used Products—Pursuant to federal and state guidance, CSUSA schools may purchase previously used apparatus, supplies,materials or equipment without using formal competitive bidding. Before purchasing used products,the Procurement Manager will ensure that the products are in good,usable condition and will be sufficient to meet CSUSA school's needs for a reasonable period. Historically Underutilized Businesses 2 CFR§200.321: CSUSA schools affirms the state's commitment to encourage the participation of historically underutilized businesses in purchasing functions,especially small, minority,women-owned businesses and labor surplus area firms. CSUSA schools will take the following affirmative steps to assure the use of historically underutilized businesses when possible: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists. 9 2. Assuring that small and minority businesses,and women's business enterprises are solicited whenever they are potential sources. 3. Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises. 4. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises. 5. Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. Requiring the prime contractor,if subcontracts are to be allowed,to take the affirmative steps listed in 1 through 5. Contract cost and price 2 CFR§200.323: CSUSA schools will perform a cost or price analysis in connection with every procurement action in excess of the Simplified Acquisition Threshold($250,000)including contract modifications. The method and degree of analysis is dependent on the facts surrounding the procurement situation,but as a starting point,CSUSA schools will make an independent estimate before receiving bids or proposals. The cost analysis or price analysis,as appropriate for the situation,will be documented in the procurement files. Accordingly,CSUSA schools performs a cost or price analysis in connection with every federal procurement action in excess of$250,000 including contract modifications,as follows: Cost Analysif'► Noncompetitive Contracts: A cost analysis involves a review of proposed costs by expense category,and the federal cost principles apply,which includes an analysis of whether the costs are allowable, allocable,reasonable,and necessary to carry out the contracted services. In general: • A cost analysis must be used for all noncompetitive contracts,including sole source contracts. • The federal cost principles apply. • All noncompetitive contracts must also be awarded and paid on a cost-reimbursement basis,and not on a fixed-price basis. • In a cost-reimbursement contract,the contractor is reimbursed for reasonable actual costs incurred to carry out the contract. • Profit must be negotiated as a separate element of the price in all cases where there is no competition. When performing a cost analysis,profit is negotiated as a separate element of the price. To establish a fair and reasonable profit,consideration is given to the complexity of the work to be performed,the risk borne by the contractor,the contractor's investment,the amount of subcontracting,the quality of its record of past performance,and industry profit rates in the surrounding geographical area for similar work. Price Analysis Competitive Contracts: A price analysis determines if the lump sum price is fair and reasonable based on current market value for comparable products or services. In general: • A price analysis can only be used with competitive contracts and is usually used with fixed-price contracts. It cannot be used with noncompetitive contracts. • Compliance with the federal cost principles is not required for fixed-price contracts,but total costs must be reasonable in comparison to current market value for comparable products or services. A competitive contract may be awarded on a fixed-price basis or on a cost-reimbursement basis.If awarded on a cost-reimbursement basis,the federal cost principles apply and costs are approved by expense category,and not a lump sum. A cost analysis will be completed for any noncompetitive contract over$250,000. A price analysis will be 10 used for all competitive contracts over$250,000. The analysis will be conducted by the Director of Procurement or the designated staff member for the contract. Analyses should include prior procurements and other market research. The analysis should yield an acceptable price range prior to receiving bids/proposals. Administrative oversight is provided by the Chief Financial Officer. Costs or prices based on estimated costs for contracts are allowable only to the extent that costs incurred,or cost estimates included in negotiated prices would be allowable costs under the federal cost principles. Rebates and credits 2 CFR§200.406 -Applicable credits refer to those receipts or reduction-of expenditure type transactions that offset or reduce expense items allocable to the Federal award as direct or indirect costs. Examples of such transactions are:purchase discounts,rebates or allowances,recoveries or indemnities on losses,insurance refunds or rebates,and adjustments of overpayments or erroneous charges. To the extent that such credits accruing to or received by CSUSA schools relate to allowable costs,they must be credited to the Federal award either as a cost reduction or cash refund,as appropriate. Contractor Oversight 2 CFR§200.318(b).CSUSA Schools strive to ensure that contractors perform in accordance with the terms,conditions,and specifications of their contracts or purchase orders and to ensure proper administration of contracts as follows: Contractors 2 CFR§200.330(b)=A contract is for the purpose of obtaining goods and services for the use CSUSA schools and creates a procurement relationship with the contractor. Characteristics indicative of a procurement relationship between CSUSA Schools and a contractor are when CSUSA schools the recipient of Federal funds: ■ Provides the goods and services within normal business operations; ■ Provides similar goods or services to many different purchasers; ■ Normally operates in a competitive environment; ■ Provides goods or services that are ancillary to the operation of the Federal program;and ■ Is not subject to compliance requirements of the Federal program as a result of the agreement, though similar requirements may apply for other reasons. All the characteristics listed above may not be present in all cases,and therefore best judgment must be used in classifying each agreement as a sub award or a procurement contract. 11 INTERNAL CONTROLS Internal Controls-The CSUSA internal control procedures over financial management shall be made available to all staff involved in the management of federal grant funds.The internal control procedures shall be reviewed on at least an annual basis and updated as appropriate. If any weakness in an internal control is detected, the internal control procedures shall be revised to incorporate the weakness(es)at either the annual review or as the need arises dependent upon the severity(materiality)of the weakness. Adequate internal control is a key defense (but no guarantee)against fraud,waste and program abuse.All CSUSA staff have a responsibility to reduce the risk of fraud,waste and program abuse by implementing effective internal controls that adequately safeguards assets. In the event of conflict between these standards and federal statute or regulation,the federal statute or regulation will apply. Individuals who suspect fraud, waste,or program abuse may report the matter to the State Director or Superintendent. In accordance with the Grants Management Common Rule codified by the federal Department of Education (DOE)at 34 CFR§ 80, CSUSA must maintain effective internal control and accountability for all grant and sub grant cash,real and personal property,and other assets. CSUSA staff must adequately safeguard all such property and must assure that it is used solely for authorized purposes. The Office of Management and Budget(OMB)Circular A-133 Compliance Supplement is a useful tool in defining what constitutes"effective internal controls"in that it provides guidance for understanding and evaluating internal control.The guidance in Part 6 of the OMB Circular A-13 3 Compliance Supplement reflects the definition and description of internal control as published by the Committee of Sponsoring Organizations(COSO)of the Treadway Commission in its report,"Internal Control-Integrated Framework" (COSO Report). Components of Internal Control-Internal controls shall be designed,implemented and evaluated based on the ability of the controls to provide reasonable assurance for compliance with applicable requirements in a cost-effective manner. The OMB Circular A-133 Compliance Supplement(the"Compliance Supplement'')provides assistance in complying with internal control and audit requirements by identifying types of compliance requirements and describing for each,the objective of internal control and certain characteristics of internal control that,when present and operating effectively,may ensure compliance with program requirements. The guidance,however, is not intended as a"checklist of required internal controls characteristics."Judgment will need to be exercised in determining the most appropriate and cost-effective internal control in a given environment or circumstance to provide reasonable assurance for compliance with program requirements. The types of compliance requirements are primarily described in Parts 3 and 6 of the Compliance Supplement. Part 3 provides fourteen types of compliance requirements that it identifies as being generic to most federal programs that are administered by entities subject to the audit requirements of OMB Circular A-133.Part 6 describes internal control characteristics for thirteen of these fourteen types of compliance requirements(all except those pertaining to special tests and provisions). The five components of internal control are: ■ Control Environment. The control environment"sets the tone of an organization and influences the control consciousness of its people."It provides structure and discipline and forms the foundation for all other components of internal control. 12 ■ Risk Assessment.Risk assessment refers to the "identification,analysis,and management of risks relevant to the preparation of financial statements that are fairly presented in conformity with generally accepted accounting principles [GAAP] (or another comprehensive basis of accounting)." ■ Control Activities. Control activities are the policies and procedures that help ensure that management's directives are carried out. ■ Information and Communication.The identification capture and exchange of information in a form and timeframe that enables people to carry out their responsibilities. ■ Monitoring. In relation to the Committee Sponsoring Organizations of the Treadway Commission (COSO)report and Statements on Auditing Standards(SAS)78,monitoring refers to the process used to assess the quality of internal control performance overtime. Fraud,Waste or Abuse-Fraud,program abuse,including waste,possible illegal expenditures,unlawful activity,violations of law,rules,or policies and procedures occurring under any grant are prohibited. Suspicion of such misuse must be reported to the State Director, Superintendent or designee no later than five business days from the date of discovery of such act. Following internal investigation,CSUSA may elevate any report to the appropriate federal or state authority for action including,but not limited to: ■ Further investigation ■ Referral for prosecution under the federal or state laws ■ Other corrective action,as may be appropriate CSUSA shall ensure the confidentiality of all reports of violations as listed above except as provided by law or court order.No retaliation shall be taken against any person filing a report. Bonds-If the granting agency requires that CSUSA in support of the Local Education Agency(LEA)or school obtain bonding and/or insurance for a specific project, CSUSA shall ensure that the bonds are obtained from a company that holds a certificate of authority as specific in 31 CFR§ 223, Surety Companies Doing Business with the United States. The Director of Finance,or designee,shall be responsible for obtaining insurance and/or bonding,as appropriate. Payment-Payments to vendors shall be made promptly in accordance with federal regulations and state law. If the LEA receives an advance payment from a federal granting agency,the Grant Coordinator shall ensure that the advanced funds are expensed in a timely manner. Excess funds may earn interest,which may require return to the federal granting agency if the interest meets the federal threshold. The LEA or schools shall always seek reimbursement for federal grants. The Grant Coordinator shall coordinate with the LEA or schools to prepare and submit a"drawdown"of federal grant funds only after the payments have been made and distributed to the vendor via mail,e-payables or other delivery method. The drawdown of expended funds shall be net of all rebates,refunds,contract settlements,audit recoveries and interest earned,as appropriate. The Grant Coordinator working with the SOAs shall be responsible for preparing the drawdown of federal grant funds. All drawdowns shall be reflected on the grant financial management ledger and recorded on the general ledger as a receivable when the drawdown process is complete, and funds are received. Upon receipt the funds will be posted to the cash account. 13 Cost sharing or matching funds-The Grant Coordinator over each federal grant award shall ensure that requirements for cost sharing and/or matching funds are approved through the grant approval process prior to the submission of the grant. At a minimum,the Grant Coordinator,Director of Finance,and Superintendent/State Director(or designee)must approve the commitment of all cost sharing and matching grant funds. If cost sharing or matching funds are required as part of a federal grant award,the required direct or in-kind expenditures should be recorded and tracked on the grant financial management ledger.If matching grant funds are required in the General or Operational Fund,the LEA or school shall utilize a sub-object to separately track the expenditures for reporting and compliance purposes. All staff paid with cost sharing and matching funds, shall be subject to the Time and Effort Documentation requirements. Cost sharing and matching funds that are as a result of donated services or supplies, shall be recorded and tracked in accordance with the federal regulations(2 CFR§200.306). Program Income-The LEA or school will not generate any program income as part of a federal grant award. The LEA or school will not retain any program income earned through a federal grant program. Period of performance(Obligations)-All allowable grant expenditures shall be incurred during the grant period of performance (i.e. formal approval or begin date and end date/last date of expenditures)of the federal grant award as designated on the Notice of Grant Award(NOGA)issued by the state or district. The Grant Coordinator shall notify the State Director, School Principals, SOAs and the Directors of Finance and Accounting of the grant periods for each federal grant award to ensure compliance as noted below: ■ No employee shall be hired and paid from federal grant funds except during the federal grant period. ■ No purchase obligation shall be made from federal grant funds except during the federal grant period. ■ No payroll or non-payroll expenditures shall be made from federal grant funds except during the federal grant period. All obligations with federal grant funds must occur during the grant period of performance. Obligations that occur before or after the grant period of performance are not allowable costs. The obligations must be liquidated in accordance with the grant deadlines,especially as they relate to the final drawdown of federal grant funds. The Grant Coordinator shall monitor the expenditures during the grant period of performance to ensure that the funds are spent in a systematic and timely manner to accomplish the grant purpose and activities. 14 ACCOUNTING, REPORTING,AND INVENTORY CONTROL Financial Management: The grant financial management ledger will be used track budgets,commitments, obligations and expenses for all federal, state,local and private sector grant expenditures. The grant financial management ledger shall be maintained in a manner that provides adequate internal controls over the data integrity,security and accuracy of the financial information. The information maintained shall include all grant allotments,periods of performance,grant type,LEA or school name and location,authorizations,obligations,unobligated balances,assets,expenditures,income and interest and be supported by source documentation.All expenditures of federal grant funds shall be in managed in accordance with CSUSA's written procedures such as cash management,accounts payable,purchasing, travel,allowable costs,capital asset tracking,contract management,and other procedures,as appropriate. The financial management system shall be utilized to store,maintain,and report all required federal grant information. Consequently,the Grant Coordinator shall ensure that access to the data is restricted to authorized individuals in accordance with the grant focused data and access requirements specified in this manual. In addition,the Grant Coordinator shall retain all federal grant records in accordance with the records retention requirements also set forth in this manual. The Grant Coordinator shall be responsible to ensure that all grant records are retained, stored and accessible,as appropriate. A list of all federal grant awards shall be maintained to include all EDGAR required data and LEA or school- required information listed below: ■ The Catalog of Federal Domestic Assistance(CFDA)title and number ■ Federal award identification number and year ■ Name of the Federal or state agency issuing the grant ■ Name of the pass-through entity issuing the grant,if applicable On at least a quarterly basis,the State Director, Superintendent, School Principal, SOA and Grant Coordinator shall review the status of each federal, state or private sector grant fund. The review shall include a comparison of budget to expenditures. Grant Tracking and Financial Reporting-Grant expenditures will be separately identified from operating fund expenditures through the use of designated general ledger subaccounts.Each subaccount represents a separate,segregated fund for the recording of all applicable revenues and expenditures for each fund. Drawdown of Grant Funds: The Grant Coordinator working closely with the SOAs shall on at least a quarterly basis,or as allowed or required by the State or District guidelines,drawdown grant funds that have been expensed in accordance with the State or District grant guidelines. The drawdown shall be for all expenditures to date,less grant funds received to date,as verified using a grant financial management ledger. The expenditures shall be net of all refunds,rebates,discounts,credits, and other adjustments, if any. If the LEA has opted to operate under the cash reimbursement program guidelines,the LEA shall submit a drawdown of federal grant funds only when an expenditure has been made as evidenced by distribution of a paycheck to a grant funded staff member or mailing,e-paying,or delivering a payment to a vendor. At no time shall the Grant Coordinator or SOA drawdown any"advanced"cash payments,unless specifically allowed by the granting agency. The drawdown of grant funds from the granting agency shall be initiated by the Grant Coordinator or SOA. A detailed summary grant financial management ledger of each grant fund should be 15 generated to determine if the LEA is entitled to drawdown funds(i.e. if the granting agency owes the LEA any funds).If the LEA has funds available for draw-down,a detailed general grant financial management ledger should be generated initiated by the SOA and validated by the Grant Coordinator for review and approval. If a grant has a matching requirement,the LEA shall draw-down only the allowable amount after verifying compliance with the level of matching expenditures. The Grant Coordinator review shall consist of the following: ■ A review of the detailed grant financial management ledger for any unusual charges or reclassification of expenditures. ■ A test sampling of either unusual or large expenditures to ensure that the expenditures are allowable and were reviewed and approved by all designated staff within the approved grant period of performance. ■ Monitor the percentage of expenditures-or utilization rate to-date to ensure that the grant funds are expensed on a timely basis throughout the grant period. The Grant Coordinator may disallow grant fund expenditures that appear to be made outside of the grant period of performance or so late in the grant period that the LEA and its student did not benefit from the delayed expenditure. ■ Authorize,in writing,the SOA to drawdown the available grant funds. Upon approval from the Grants Coordinator and the SOA shall prepare the paper or electronic drawdown request. The amount of the receivable shall be recorded on the grant financial management ledger and a copy of all supporting documentation such as the detailed grant financial management ledger and other supporting documentation shall be filed for audit purposes. The Directors of Finance and Accounting shall review the drawdown documentation and the grant financial management ledger and shall compare the documentation to the receipts from the State/District. Following this review,the Directors of Finance and Accounting will post the grant receipts to the general ledger. The Grant Coordinator and SOAs shall be responsible to ensure that the requested drawdown amounts do not exceed a grant-specific budgeted line item. The final draw-down of grant funds from the granting agency shall be made within the allowable or specified timeframe. The grant liquidation guidelines shall be adhered to in making final payment for all goods and services received and placed into service before the end of the grant period. The draw down process shall be the same as a monthly or periodic draw down, except that all refunds, rebates,credits,discounts or other adjustments to the grant financial management ledger must be recorded prior to submitting the final draw down request. There shall be no outstanding purchase orders or pending liquidations at the time of the final drawdown of grant funds. The final draw-down shall be reviewed and approved in the same manner as a periodic drawdown. Federal regulations(2 CFR§200.415)requires that the LEA certify the accuracy of the annual and fiscal reports or vouchers requesting payments be signed by the authorized individual(s). The Grant Coordinator, School Principal,and State Director shall jointly certify every draw-down of funds,including the final expenditure report. If a manual entry is required,the following statement will be added following signatures: "By signing this report, we certify to the best of our knowledge and belief that the reports are true, complete and accurate, and the expenditures, disbursements and cash receipts are for the purposes and objectives set forth in the terms and conditions of the federal award. We are aware that any false,fictitious, or fraudulent information or omission of any material fact, may subject us to criminal, civil, or administrative penalties for fraud,false statements or false claims." If a final draw-down deadline is missed,the Grant Coordinator shall contact the granting agency to determine if a process exists to request a filing deadline extension. The receivable from the granting agency shall be recorded in the accounting general ledger. The same process for preparation and posting of the general ledger 16 entry as a periodic drawdown shall be adhered to. The revenues realized and the expenditures should be equal at the time of the final drawdown of grant funds. Receipt of Grant Funds -All CSUSA staff,especially those assigned with federal grant duties, shall adhere to the Cash Management Procedures. Specifically,all cash received shall be deposited,recorded reconciled by multiple individuals to ensure segregation of duties. The Director of Accounting and Finance shall record all grant fund receivables upon receipt from the granting agency. The receipt of grant funds shall be posted to the general ledger to the appropriate receivable account code. In the event that the grant funds received do not match the recorded receivable,the Director of Finance shall coordinate with the Grant Coordinator who in turn shall resolve the discrepancy or contact the granting agency to determine the discrepancy. If the granting agency has reduced and/or increased the grant funds paid to the LEA,a general ledger adjustment shall be posted to the appropriate revenue and receivable accounts. The Director of Accounting and Finance shall prepare the adjusting journal ledger entry and shall post the entry to the finance general ledger. The LEA will not maintain grant funds in a separate bank account. Tracking and Recording Receivables-On at least a monthly basis,the finance department,Accounting Coordinator,shall review all pending receivables. Aged receivables,defined as greater than 60 days from the date of recording, shall be investigated and resolved by contacting the Grants Coordinator who in-turn will contact the granting agency. At the end of the fiscal year,all known and measurable receivables shall be recorded to the general ledger to the appropriate grant code. The Director of Accounting shall prepare the journal ledger entry and shall post the entry to the general ledger. Grant Compliance Areas: The Grant Coordinator shall ensure that LEAs and schools are compliant with all provisions and assurances of all grant programs. In addition,the all shall comply with grant requirements such as supplement not supplant,indirect cost,and maintenance of effort spending levels. Supplement Not Supplant-The term supplement,not supplant is a provision common to many federal statutes authorizing education grant programs.There is no single supplement,not supplant provision.Rather, the wording of the provision varies depending on the statute that contains it. Although the definition may change from statute to statute,supplement not supplant provisions basically require that grantees use state or local funds for all services required by state law, state DOE rules,or local policies and prohibit those funds from being diverted for other purposes when federal funds are available. Federal funds must supplement—add to,enhance,expand,increase,extend—the programs and services offered with state and local funds. Federal funds are not permitted to be used to supplant—take the place of,replace—the state and local funds used to offer those programs and services. The LEA process to ensure that all grant-funded activities are supplemental shall be a collaborative effort between the Grants Coordinator, State Director, School Principal, SOA and other appropriate departments. All person shall be aware of the supplement not supplant provisions. The Grants Coordinator shall review and approve all purchase orders (and non-purchase order payments). The Grant Coordinator review shall include a determination if the planned purchase and/or expenditure meet one of the following guidelines: ■ The grant funds will be used to enhance,expand,or extend required activities. Examples may include before/after tutoring,additional research-based instructional programs,or other supplemental expenditures not required by state law or local policy. ■ The grant funds will be used for specific grant activities included the grant application that are above and beyond the activities funded with local funds. ■ The grant funds will be used to supplemental grant activities as noted on the school-wide plan, school strategic plan or school improvement plan. 17 Program specific supplement not supplant provisions shall be complied with in addition to the overall federal fund's requirements. Reporting Requirements-The Grant Coordinator shall ensure that all reporting requirements for grant programs are met within the established timelines. Completion of the reports may require the collaboration of several departments,such as noted below: ■ Programmatic reports such as activity,progress and evaluations—Grants Coordinator, School Principal,SOA ■ Expenditure reports such as interim,draw down and final expenditure reports—Grants Coordinator, School Principal, SOA,Accounting and Finance departments,and Accounts Payable Department ■ Compliance reports such as Comparability,Maintenance of Effort,Indirect Cost,etc.— Grants Coordinator, School Principal, SOA,Accounting and Finance departments ■ Special Staff reports—Grants Coordinator, School Principal, SOA The Grant Coordinator shall ensure that all reporting requirements have been completed by the appropriate LEA,school,or CSUSA staff member. Grant Monitoring and Accountability-The LEA shall ensure that all grant funds are consistently monitored throughout the grant period.The monitoring shall include,but not be limited to: ■ Compliance with federal requirements such as cost principles,audit,reporting requirements,etc. ■ Monitoring of grant expenditures are properly documented and meet all allowable costs ■ Monitor grant performance such as internal controls,audit findings,over/under expenditures,etc. ■ Implement strategies to deter,mitigate and eliminate waste and fraud in the expenditure of grant funds The Grant Coordinators for each federal, state and local grant,working with the State Directors, school Principals and the Accounting and Finance Departments,shall be responsible for the programmatic and evaluation and financial compliance. The Grant Coordinators shall monitor the timing of grant activities throughout the grant period,especially as they relate to the desired outcomes. The Grant Coordinators, school Principals, SOAs collectively shall monitor the timing of grant expenditures,especially as they relate to the period of availability of grant funds. If either the grant activities or grant expenditures reflect that the LEA or school will not accomplish the grant activities during the grant period,the Grant Coordinators shall work collaboratively with the appropriate activities to develop an action plan to ensure that the federal grant goals are met. The oversight of grant activities and expenditures shall include,but not be limited to,the following: ■ Cost overruns or high unit costs ■ Construction projects—certification of project completeness(as evidenced and approved by the oversight activity) ■ Significant developments that may result in an inability to complete the grant activities The Grant Coordinator with the LEA shall maintain documentation to support all grant expenditures and provide the documentation upon request to the LEA's external auditors,granting agency or other oversight agency,as appropriate. Audit findings or deficiencies shall be addressed in a timely manner upon receipt of the notification. The Grant Coordinator, State Director, School Principal shall work collaboratively to develop and implement a Corrective Action Plan to resolve the findings or deficiencies. The State Director, Superintendent,or designee shall approve the Corrective Action Plan and monitor the timely implementation of corrective strategies. 18 The Grant Coordinator in coordination with the LEA shall disclose to the granting agency if any federal grant funds have been subject to fraud or theft. Corrective actions,as appropriate, shall be implemented to remedy the loss of grant funds due to fraud or theft. Remedies for Non-Compliance- CSUSA, specific LEA and schools may be subject to consequences due to non-compliance with federal regulations.All Grant Coordinators,LEAs and schools shall strive to maintain compliance,but shall respond appropriately to all notifications of noncompliance from the federal or state granting agency or pass through agency. Grant Closeout Procedures - The Grant Coordinators shall submit all grant closeout documents to the State DOE, granting agency or pass-through agency, as appropriate. Grant closeout procedures shall include, but not be limited to: ■ Ensure that no obligations are made after the grant period end date ■ Liquidate all obligations incurred during the grant period ■ Submit the final grant program performance report as required ■ Submit the final grant expenditure report as required ■ Drawdown all the expensed grant funds ■ Match the grant expenditure draw-downs with the supporting financial records ■ Certify that the final drawdown of federal grant funds is accurate ■ Refund any excess grant funds,interest,or other payables to the granting agency or pass-through agency ■ Account for any real and/or personal property on hand at the end of the grant period Grant Funded Equipment Property Records 2 CFR§200.313(d)(1)- CSUSA Schools will maintain property records for all grant funded and operational funded equipment and computing devices/technological items that include: • Description of the property • Serial number or other identification number • Source of funding for the property(grant type) • Grant tag number • Title Holder of Equipment • Acquisition date • Cost of the property • Percentage of Federal participation in the project costs for the Federal award under which the property was acquired • Equipment of location • Use of the property • Condition of the property • Disposition data including the date of disposal and sale price of the property. 19 The SOA,the School Principal,the Information Technology(IT)Technician and the Grant Coordinator will maintain a combined property record,which includes all information listed above.The information,including entering property into the fixed asset inventory and making adjustment to the inventory,is accomplished by the SOA,the School Principal,the IT Technician and the Grant Coordinator. When inventory is received,it is inspected by the SOA,the School Principal,the IT Technician and the Grant Coordinator it determines that the inventory is in good condition and that it matches the purchase order, and the corresponding invoice. The equipment shall immediately be placed in a secured area. Inventory of all equipment must be completed within two working days following the receipt of the equipment. The SOA,the School Principal,the IT Technician and the Grant Coordinator logs the inventory into the property management system. The inventory control sheet is kept with the SOA,the School Principal,the IT Technician and the Grant Coordinator. All inventoried equipment including computing devices and other highly desirable mobile devices such as laptops, smart phones,and tablets are to be tagged and tracked.The SOA,the School Principal,the IT Technician and the Grant Coordinator will be responsible for ensuring equipment is tagged. Physical Inventory-A physical inventory of the property is taken,and the results reconciled with the property records at least once every two years. 2 CFR§200.313(d)(2). The SOA,the School Principal,the IT Technician and the Grant Coordinator assigns the physical inventory to teachers in the classrooms where the equipment is located. The inventory will be performed at the end of every school year and signed off by the Superintendent, State Director or designee when completed. The results of the inventory will be reported to the SOA,the School Principal,the IT Technician and the Grant Coordinator. The SOA,the School Principal,the IT Technician and the Grant Coordinator reconciles discrepancies between the inventory and the property records by updating the property records as needed and documenting any property that is damaged or missing for identification,repair or replacement as needed.They will maintain documentation of the physical inventory and reconciliation and sign off when the reconciliation is completed. Safeguarding Property Equipment-The SOA,the School Principal,the IT Technician and the Grant Coordinator will set up and manage a control system to insure adequate safeguards to prevent loss,damage,or theft of the property.Any loss,damage,or theft will be investigated. 2 CFR§200.313(d)(3). Property may be taken off campus by students or staff. The person taking the property off site must coordinate with the School Principal and the SOA and sign and date a receipt statement upon departure and return. The computing devises are tagged with the appropriate CSUSA identification and grant tag. Equipment that is lost or stolen is reported to the SOA,the School Principal,the IT Technician and the Grant Coordinator. They are then required to report it to the SOA,the School Principal,the IT Technician and the Grant Coordinator,where they or their designee will complete an investigation on the lost or stolen property.Interviews will be conducted, and/or a police report will be filed under the discretion of the State Director, Superintendent or designee and coordinated with the School Principal,and the Grant Coordinator,as part of the investigation process. A report regarding lost or stolen property will be completed by the person doing the investigation. The report will be filed with the property inventory records as well as with the grant records. In addition to possible criminal action the State Director, Superintendent or designee will determine what,if any,additional action is necessary.Replacement of equipment will be obtained through the normal procurement functions,meet or exceed equipment specifications of the lost/stolen items. Replacement costs will be incurred through non-grant school funding. Disposition of property will be listed by the SOA,the School Principal,the IT Technician and the Grant Coordinator in the property records in the event the property is sold,lost or stolen,or cannot be repaired. 20 Property that is sold,identified as lost or stolen, or cannot be repaired will be listed in the property records for three(3)years after the lost/stolen date. Maintaining Property Equipment- Staff to whom property equipment is assigned will monitor and maintain these items in good condition while in their possession. The SOA,the School Principal,the IT Technician and the Grant Coordinator should be contacted if an item is broken or not working properly. Equipment in need of repair is assessed by the SOA,the School Principal,the IT Technician and the Grant Coordinator to determine whether to repair or salvage.As part of this process the SOA,the School Principal,the IT Technician and the Grant Coordinator will determine if a warranty will apply to the repair,if not,they will obtain repair cost estimates. Generally,if the cost of repair exceeds half the cost of the restored value,then the equipment may be salvaged or donated. Other factors such as availability of the damaged item can be considered when determining whether a repair is appropriate. Disposition of Grant Funded Equipment—2 CFR§200.313(e)-When original or replacement equipment acquired under a Federal award is no longer needed for the original project or program or for other activities currently or previously supported by a Federal awarding agency,except as otherwise provided in Federal statutes, regulations,or Federal awarding agency disposition instructions,CSUSA Schools will dispose of the equipment as follows: • Items of equipment with a current per unit fair market value of$5,000 or less may be retained, sold or otherwise disposed of with no further obligation to the Federal awarding agency.2 CFR§200.313(e)(1). • Items of equipment with a current per-unit fair-market value in excess of$5,000 may be retained by CSUSA Schools or sold.2 CFR§200.313(e)(2). • The Federal awarding agency is entitled to an amount calculated by multiplying the current market value or proceeds from sale by the Federal awarding agency's percentage of participation in the cost of the original purchase. • If the equipment is sold,the Federal awarding agency may permit CSUSA Schools to deduct and retain from the Federal share $500 or 10 percent of the proceeds,whichever is less,for its selling and handling expenses. The SOA,the School Principal,the IT Technician and the Grant Coordinator with approval from the State Director, Superintendent or designee,are responsible for determining how equipment will be disposed of. Possible sales procedures include on-site and govdeals.com auction.Auctions will be advertised online or in the local newspaper to ensure the highest level of exposure. If not being sold by auction the sale of the item will also be advertised online or in the local newspaper to ensure the highest level of exposure and there is no limit to the number of purchase offers that will be considered. The highest offer received in a reasonable amount of time will be accepted.All sales procedures will be performed in a manner to ensure the highest possible return 2 CFR§200.313(d)(5). CSUSA Schools will determine if the various state departments of instruction or education have specific equipment disposition forms required. If so,our schools will utilize these forms and ensure that are completed by the SOA,the School Principal,the IT Technician and the Grant Coordinator and kept on file with the SOA. 21 ENROLLMENT AND ADMISSIONS POLICY Enrollment applications are accepted without regard to race, color, national origin (including English language learners), religion, or sex, or against students with disabilities. If applications exceed the number of available seats, a lottery will be held. All student applicant names will be assigned a Lottery ID number. The school will maintain an active list of applicants and the CSUSA Department of Enrollment will call for a lottery within two weeks of determining that a lottery is required according to this policy. Students who are eligible to attend, whose applications are received at any time during the open enrollment period, will be placed in the school lottery. Results will be publicly posted on the school's website. An official offer will be extended to the applicants selected in the lottery process. All applications received after-the posted application due date will be included in the next scheduled lottery which will be advertised at least [one month] in advance to the public. Each applicant will be assigned a Lottery ID number prior to the lottery. A list of all applicants and Lottery ID numbers will be available prior to the lottery. This list will include all applicant siblings, as they pertain to the school's preference rules. Rules and Definitions: 1.CLOSE OF BUSINESS is 4:30pm on the date indicated. 2.Lottery refers to the process whereby all eligible applicants are assigned a Lottery ID number, with numbers selected randomly at a specific date and time,for the purpose of determining their enrollment status when applications exceed available seats. 3.Only applications received prior to the end of the enrollment deadline are eligible to participate in the lottery. 4.All applicants not accepted in the first lottery shall be placed in subsequent lotteries,which shall be conducted monthly thereafter. 5.Upon receipt of the offer,the applicant will have seven(7)calendar days, starting from the offer date to either accept or decline the extended offer. If an applicant does not respond within this timeframe, the seat will be rescinded and offered to an applicant on the active wait list, created by the lottery. Those not responding will be re-ranked at the bottom of the current lottery derived 22 application rank order list. 6.Preferences: All currently enrolled students who have returned their re-commitment application by the day prior to the Lottery Drawing Date will be automatically enrolled in the school for next year. Then, sibling preference only applies to children applying to/attending the same grant recipient school. This preference does not extend across co-located schools. Preference will be given to siblings of students who are enrolled and students whose parents are employees of the grant recipient school, or children of founding governing board members. Children of teachers or staff preference only extends to the employees/children of the grant recipient school. These exemptions will remain in a small percentage of the total applications accepted. Once an applicant is selected through the random drawing, the applicant's siblings who have also turned in an application will be given preference over other applicants in the drawing. Should the sibling who was offered seating from the drawing not accept the seat offered, then the other siblings will lose their preference status, and will be eligible for enrollment according to their lottery ranking. Each school conducts its own separate lottery. 7. ALL offers of registration shall be made in the order of the lottery results using the lottery- derived applicant rank order listing. NO OFFER SHALL BE MADE TO A STUDENT NOT PROPERLY ENTITLED TO THE NEXT AVAILABLE SEAT IN ACCORDANCE WITH THESE PROCEDURES. 23 CERTIFCATION OF BOARD RESOLUTION The undersigned duly elected Mayor or Vice Mayor of City of Aventura certifies that the Commission at a duly held meeting, which was held on the-date-listed-below, at which a quorum was present, approved the CSP(Charter Schools Programs) Grant Policies and Procedures Manual. I certify that this Resolution was duly adopted by the City of Aventura Commission as the governing board of the School on the 5th day of November, 2019. Dated Mayor or Vice Mayor 24 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager DATE: November 1, 2019 SUBJECT: Resolution Adopting the Charter Schools USA School Administrator and Instructional Personnel Evaluation Systems November 5, 2019 City Commission Meeting Agenda Item RECOMMENDATION The School Board of Miami -Dade County requires the selection of a school administrator and teacher evaluation system as part of their compliance with charter school management and oversight. Don Soffer Aventura High School has selected the option of utilizing the Charter Schools USA (CSUSA) School Administrator Evaluation System and the Charter Schools USA (CSUSA) Instructional Personnel Evaluation System. The Governing Board of the School must approve this selection. I recommend approving the selection of this evaluation system. If you have any questions, please feel free to contact me. RJW/act Attachment CCO1839-19 RESOLUTION NO. 2019- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL, APPROVING THE ATTACHED SCHOOL ADMINISTRATOR EVALUATION SYSTEM AND INSTRUCTIONAL PERSONNEL EVALUATION SYSTEM; PROVIDING FOR IMPLEMENTATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City's Don Soffer Aventura High School (DSAHS), a municipal charter school, desires to adopt the attached School Administrator Evaluation System and Instructional Personnel Evaluation System as required by the Florida Department of Education; and WHEREAS, the City Commission, acting in its capacity as the governing board of DSAHS, finds that approval of the attached School Administrator Evaluation System and Instructional Personnel Evaluation System is in the best interest of the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That the foregoing "WHEREAS" clauses are ratified and confirmed as being true and correct and are made a specific part of this Resolution. Section 2. That the School Administrator Evaluation System and Instructional Personnel Evaluation System, as attached hereto, are hereby approved and adopted by the City Commission of the City of Aventura, Florida, acting in its capacity as the governing board for the Don Soffer Aventura High School. Section 3. That the City Manager and proper School officials are hereby authorized to do all things necessary to carry out the aims of this Resolution. Section 4. That this Resolution shall take effect immediately upon 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 5t" day of November, 2019. ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY ENID WEISMAN, MAYOR Page 2 of 2 14 4P%� ■ k4trof School Administrator Evaluation System Updated [10/30/19] 2 Purpose The purpose of this document is to provide the district with a template for its school administrator evaluation system that addresses the requirements of Section 1012.34, Florida Statutes (F.S.), and Rule 6A-5.030,Florida Administrative Code(F.A.C.). This template, Form AEST-2017, is incorporated by reference in Rule 6A-5.030, F.A.C., effective April 2018. Instructions Each of the sections within the evaluation system template provides specific directions, but does not limit the amount of space or information that can be added to fit the needs of the district. Where documentation or evidence is required, copies of the source documents (e.g., rubrics, policies and procedures, observation instruments) shall be provided at the end of the document as appendices in accordance with the Table of Contents. Before submitting, ensure the document is titled and paginated. Submission Upon completion, the district shall email this form and any required supporting documentation as a Microsoft Word document for submission to Distri ctEval SysEQkfl doe.org. Modifications to an approved evaluation system may be made by the district at any time. Substantial revisions shall be submitted for approval,in accordance with Rule 6A-5.030(3), F.A.C. The entire template shall be sent for the approval process. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 3 Table of Contents PartI: Evaluation System Overview........................................................................................... 4 Part II: Evaluation System Requirements.................................................................................. 4 PartIII: Evaluation Procedures.................................................................................................. 6 PartIV: Evaluation Criteria........................................................................................................ 7 A. Instructional Leadership................................................................................................. 7 B. Other Indicators of Performance.................................................................................. 13 C. Performance of Students .............................................................................................. 13 D. Summative Rating Calculation .................................................................................... 15 Appendices..................................................................................................................................... 17 Appendix A—Evaluation Framework Crosswalk............................................................ 17 Appendix B —Observation Instruments for School Administrators................................. 21 Appendix C — Student Performance Measures................................................................. 29 Appendix D — Summative Evaluation Forms................................................................... 30 Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 4 Part I: Evaluation System Overview In Part 1, the district shall describe the purpose and provide a high-level summary of the school administrator evaluation system. The Charter Schools USA(CSUSA)Administrator Evaluation System is a comprehensive, multi- component assessment of a Leader's instructional leadership and the academic growth of their School. Instructional Leadership has the largest impact on a Leader's score- 55%,with Student performance (academic growth) accounting for 45% of the final evaluation. Part II: Evaluation System Requirements In Partll, the district shall provide assurance that its school administrator evaluation system meets each requirement established in section 1012.34, F.S., below by checking the respective box. School districts should be prepared to provide evidence of these assurances upon request. System Framework D The evaluation system framework is based on sound educational principles and contemporary research in effective educational practices. D The observation instrument(s)to be used for school administrators include indicators based on each ofthe Florida Principal Leadership Standards(FPLS s)adoptedby the State Board of Education. Training D The district provides training programs and has processes that ensure: Employees subject to an evaluation system are informed of the evaluation criteria, data sources, methodologies, and procedures associated with the evaluation before the evaluation takes place; and Individuals with evaluation responsibilities and those who provide input toward evaluations understand the proper use of the evaluation criteria and procedures. Data Inclusion and Reporting D The district may provide opportunities for parents and instructional personnel to provide input into performance evaluations, when the district determines such input is appropriate. Evaluation Procedures D The district's system ensures all school administrators are evaluated at least once ayear. D The district's evaluation procedures comply with the following statutory requirements in accordance with section 1012.34, F.S.: The evaluator must be the individual responsible for supervising the employee; the evaluator may consider input from other personnel trained on the evaluation system. The evaluator must provide timely feedback to the employee that supports the improvement of professional skills. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 5 The evaluator must submit a written report to the employee no later than 10 days after the evaluation takes place. The evaluator must discuss the written evaluation report with the employee. The employee shall have the right to initiate a written response to the evaluation and the response shall become a permanent attachment to his or her personnel file. The evaluator must submit a written report of the evaluation to the district school superintendent for the purpose of reviewing the employee's contract. The evaluator may amend an evaluation based upon assessment data from the current school year if the data becomes available within 90 days of the end of the school year. Use of Results D The district has procedures for how evaluation results will be used to inform the Planning of professional development; and Development of school and district improvement plans. D The district's system ensures school administrators who have been evaluated as less than effective are required to participate in specific professional development programs, pursuant to section 1012.98(10),F.S. Notifications D The district has procedures for the notification ofunsatisfactory performance that comply with the requirements outlined in Section 1012.34(4),F.S. D The district school superintendent shall annually notify the Department of Education of any school administrators who Receive two consecutive unsatisfactory evaluation ratings; or Are given written notice by the district of intent to terminate or not renew their employment, as outlined in section 1012.34(5),F.S. District Self-Monitoring D The district has aprocess for monitoring implementation of its evaluation system that enables it to determine the following: Compliance with the requirements of section 1012.34, F.S., and Rule 6A-5.030, F.A.C.; Evaluators' understanding of the proper use of evaluation criteria and procedures, including evaluator accuracy and inter-rater reliability; Evaluators provide necessary and timely feedback to employees being evaluated; Evaluators follow district policies and procedures in the implementation of evaluation system(s); Use of evaluation data to identify individual professional development; and Use of evaluation data to inform school and district improvement plans. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 6 Part III: Evaluation Procedures In Part III, the district shall provide the following information regarding the observation and evaluation ofschool administrators. The following tables are provided for convenience and may be customized to accommodate local evaluation procedures. 1. Pursuant to section 1012.34(3)(b), F.S., all personnel must be fully informed of the criteria, data sources, methodologies, and procedures associated with the evaluation process before the evaluation takes place. In the table below, describe when and how school administrators are informed of the criteria, data sources, methodologies, and procedures associated with the evaluation process. Personnel i When Personnel i of i are Infonned Administrators will be informed of the criteria, data Annually in June sources, methodologies, and procedures associated School and October. As with the evaluation process during the annual Administrators well as ongoing leadership conferences held in June and in October. training monthly. There will be ongoing training throughout the year at monthly leadership meetings. New and Late hires will be informed of the criteria, New and Late data sources, methodologies, and procedures Hires: October, associated with the evaluation process at the New and late Hires January,June, or National Leadership Conference in October or as needed via onboarding training in January or at the National online training. Leadership Conference in June. Online training will be available as needed. 2. Pursuant to section 1012.34(3)(a)3., F.S., evaluation criteria for instructional leadership must include indicators based upon each of the FPLSs adopted by the State Board of Education. In the table below, describe when and how evidence of demonstration of the FPLSs is collected. Personnel When Evidence Method(s)of Collection Group is Collected Frequency can range from weekly to a minimum of Ongoing observations and feedback through formal quarterly. Leaders notification and face to face follow-up. Acceptable Existing School are differentiated p Administrators by needs as forms of communication include, but are not limited as well as New to—Personnel Action Form, Improvement Plans, and Late Hires determined by Leadership Performance Evaluation (LPE) tool, deliberate practice email, verbal feedback or one on one professional plans, student data development. and other informal observations. 3. Pursuant to section 1012.34(3)(a),F.S., a performance evaluation must be conducted for each employee at least once a year. In the table below, describe when and how many summative evaluations are conducted for school administrators. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 7 Personnel Number i ' Occurns Evaluation When EvaluatiGroup i i to Personnel End-Year evaluation: In School End-Year evaluation: one-on-one conferences Administrators as Annually in the spring of between staff member and well as New and 1 each year prior to the last the school leadership team, Late Hires day of school. prior to the end of the school year. Part IV: Evaluation Criteria A. Instructional Leadership In this section, the district shall provide the following information regarding the instructional leadership data that will be included for school administrator evaluations. 1. Pursuant to section 1012.34(3)(a)3., F.S., at least one-third of the evaluation must be based upon instructional leadership. In_ County,instructional leadership accounts for _ %of the school administrator performance evaluation. 2. Description of the step-by-step calculation for determining the instructional leadership rating for school administrators,including cut points for differentiating performance. Leadership Performance Evaluation The CSUSA family of schools has developed the Principal Evaluation System for 2015-16 and beyond with the ultimate goal of increasing student learning growth by improving the quality of instructional,administrative and supervisory services.Fifty-five percent(55%)of the Leadership Evaluation System(LES) will be comprised of the Leader Performance Evaluation (LPE) instrument which is based on the research of Robert J. Marzano and clearly connects to the Florida Principal Leadership Standards and the standards of the National Association of Elementary School Principals. Specifically,the research base for the LPE includes: Leadership Assessment • Marzano, Robert J. et.al. School Leadership that Works. Arlington, Virginia: Association for Supervision and Curriculum Development,2005 • Marzano,Robert J. and Timothy Waters.District Leadership that Works. Bloomington, Indiana: Solution Tree Press, 2009 • Maxwell,John The 21 Irrefutable Laws of Leadership. Nashville, Tennessee: Thomas Nelson, Inc. 2007 Leading Faculty Development for Instructional Improvement • Marzano, Robert J. What Works in Schools: Translating Research into Action. Arlington, Virginia: Association for Supervision and Curriculum Development, 2003 Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 8 • Marzano, Robert J. The Art and Science of Teaching. Arlington, Virginia: Association for Supervision and Curriculum Development,2007 • Marzano, Robert J. et.al. Classroom Instruction that Works: Research-Based Strategies for Increasing Student Achievement. Upper Saddle River, New Jersey: Prentice Hall,2004 • Marzano, Robert J. et.al. Classroom Management That Works: Research-Based Strategies for Every Teacher. Upper Saddle River,New Jersey: Prentice Hall, 2008 • Marzano, Robert J. Classroom Assessment& Grading that Work. Arlington, Virginia: Association for Supervision and Curriculum Development,2006 The LES for all school administrators is based on sound educational principles and contemporary research in effective educational practices. See the reference list previously cited. Primarily consisting of the research of Robert J. Marzano and aligned to the Florida Leadership Principal Standards, the LPE is designed to draw on and incorporate educational leadership practices, including the 21 responsibilities of a school leader, the precepts of continuous improvement and others developed from Marzano's 35 years of research. These educational best practices are the foundation for the 119 elements within the LPE that measure administrator proficiency on the host of skills and tasks necessary to lead a school, its faculty and students, to success in improving student performance. Instructional Leadership Evaluation Framework Leader Performance Evaluation With domains organized according to the 5 strategic priorities-1. Student Success, 2. Maximized Resources, 3. Development and Innovation, 4. Customer Focused Operational Performance and 5. World Class Team and Culture–the LPE's evaluation criteria reflect the comprehensive range of instructional leadership practices expected of each CSUSA principal and a balanced approach to quality and continuous improvement based on Robert S. Kaplan and David P. Norton's The Balanced Scorecard(1996). The 5 strategic priorities represent CSUSA's approach to addressing the unique challenges of charter schools, and to ensuring that the energies, abilities, and specific knowledge of all employees throughout the school and the organization are focused on improving the quality of services needed to increase student learning growth. These priorities are also aligned to the domains of the Marzano Teacher Evaluation Model, recognizing that school leaders are the drivers of effective instruction in an educational institution: • Academic Excellence/ Student Success (29 Elements -24% of LPE): An unwavering focus on implementing CSUSA's research-based Educational Model based on Marzano's research. o Domain 1: Student Achievement* o Domain 2: Instructional Leadership o Domain 4: Professional and Ethical Behavior* • Culture of Excellence/World Class Team and Culture (41 Elements- 35% of LPE): The intangible quality that inspires team members to volunteer their best every day, commits to their professional growth, and maximizes their effectiveness to increase student learning. It is also the component that supports team members in finding satisfaction and meaning in their work. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 9 o Domain 2: Instructional Leadership o Domain 3: Organizational Leadership o Domain 4: Professional and Ethical Behavior • Financial Health/Maximized Resources (11 Elements- 9% of LPE): A commitment to sound business practices to ensure financial viability and the ability of the school to invest in educational programs and resources to increase student learning growth. o Domain 3: Organizational Leadership o Domain 4: Professional and Ethical Behavior • Growth/Development and Innovation(5 Elements-4%of LPE): The unique challenges of a charter school to create and meet enrollment demands, which form the basis for the school's financial health. o Domain 3: Organizational Leadership o Domain 4: Professional and Ethical Behavior • Customer Focused Operational Performance(33 Elements-28% of LPE): The school- wide efforts to ensure a safe and orderly environment and the secure maintenance of student records. o Domain 3: Organizational Leadership o Domain 4: Professional and Ethical Behavior Included in the alignment with CSUSA 5 strategic priority areas, the LPE addresses emphasizing principal proficiency in recruiting and retaining effective teachers, as required by statute; improving the effectiveness of teachers; removing ineffective teachers; a d d i n g measures related to the effectiveness of classroom teachers in the school; guiding the administrator's appropriate use of evaluation criteria and procedures; and other leadership practices that result in student learning growth. The indicators are based on evidence of leadership practice and include the following: • Recruiting and Retention of*Effective and Highly Effective Teachers: The indicators numbered below from the Principal Evaluation Tool that address these areas follow, along with a description of what each leader will be rated on: 0 67-70—These indicators address following hiring guidelines that include: Using salary worksheets, requisitions and approval process for staffing positions, as well as ensuring proper certifications and education before extending offers Working with CSUSA's Education Team to ensure the best staffing configuration to support school success Working within budget constraints Helping recruit for other schools in the network 0 76-81 — These indicators focus on following guidelines for Compensation Management and Staff Recognition,including: Supporting and advocating pay for performance Facilitating staff understanding of benefits Finding ways to make staff feel appreciated Fairly allocates incentive bonuses based on performance Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 10 0 87-Looking to encourage and develop people. The latter is evidenced by the leader's use of recognition programs within the school, as well as programs to build up staff— such as staff meals, celebrations and the encouragement to participate in the Leading Edge leadership development program 0 97-98—These indicators rate the leader on followership and positive relations with staff. Staff's public support of school leaders The leader's understanding that good leaders require good followers Staff does not criticize school leadership to peers,parents or students Staff raises concerns to appropriate leaders at appropriate times • Addressing Ineffective Teachers: Leader practices in addressing ineffective teachers are targeted by the following indicators: o 63-66 — These indicators rate the leader on following guidelines for Human Resources (HR) as follows: Adherence to HR's policies Following progressive discipline guidelines, including maintaining appropriate documentation Reaching out to HR appropriately to address sensitive HR matters Ability to be called on to help support peers in sensitive or difficult HR matters These elements include evidence that when requesting to dismiss an employee, the leader has appropriate documentation in place; and that the leader does not terminate without HR involvement and contacts HR on other sensitive matters prior to taking action • Improvement in the Percentage of*Instructional Personnel Rated as Highly Effective and Effective o 72-74 These indicators rate the leader on the following criteria: Conducting regular classroom and building walk throughs Maintenance of appropriate performance documentation Ensuring bi —annual Teacher Feedback Evaluation Tool (TFET) for all new teaching hires, annual for returning teachers and evaluations are completed for all staff in a timely manner • *High Effect Size Indicators: High Effect Size indicators focus on feedback practices, professional learning, clear goals and expectations, instructional resources, and high effect size strategies and instructional initiatives. They are incorporated in the LPE in the following indicators: Feedback Practices: 3, 4, 6, 9-11, 15, 20, 95, 96 o Facilitating Professional Learning: 23-29, 71, 96, 104-118 o Clear Goals and Expectations: 7, 8, 71, 76, 77, 83, 96, 115 o Instructional Resources: 85, 88, 96, 104-109 o High Effect Size Strategies: 10, 79-81, 87, 91- 96 o Instructional Initiatives: Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 11 Monitoring Text Complexity: 1, 4, 5, 29, 96 Interventions: 1, 4, 6, 29, 96 Instructional Adaptations: 3, 8, 9, 55, 59, 93, 96 ESOL Strategies: 3, 9, 11, 20, 31 The LPE is also 100% in alignment with the Florida Principal Leadership Standards and includes indicators that reflect the following: • The Effectiveness of*Classroom Teachers in the School: All the elements within the Academic Excellence section address effectiveness of teachers. The indicator numbers and what each leader is rated on follows: o 1-29-A range of performance, including: Involvement in the design and implementation of curriculum and instruction Ensuring colleagues, faculty and staff are aware of the most current theories and practices and making the discussion of these a regular aspect of the school's culture Establishing clear academic goals for the entire school and keeping those goals in the forefront of the school's attention Monitoring and evaluating the effectiveness of teacher instructional practices and their impact on student learning Designing improvement plans based on benchmark data Providing timely and specific feedback to teachers,including on high effect size strategies Managing the organization, operations and facilities to provide faculty with quality resources and time for professional learning • The administrator's appropriate use of* evaluation criteria procedures. Elements in the Performance Planning and Review section. Rate a leader's evaluation of staff members, including: o 71-75-These indicators address the following criteria: Ensuring that staff Deliberate Practice Plans are completed and align to school-wide goals Performance of regular classroom and building walkthroughs Maintenance of appropriate performance documentation Conducting bi-annual evaluative TFET reviews for all new teaching hires and annual for returning teachers Evaluation Rating Criteria-Rating Labels The evaluator will utilize four comprehensive rating labels that will ultimately translate to the four labels required by Florida statutes. The scale is as follows: • Level 4: Innovating(Example: The leader has a deep understanding of instruction and assessment and innovates school wide strategies. The leader recognizes accomplishments and acknowledges failures while motivating continuous improvement). Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 12 • Level 3:Applying(Example: The leader has a solid understanding of instruction and assessment and regularly monitors and evaluates effective instructional school practices and ensures it impacts student achievement). • Level 2: Developing (Example: The leader has been in a leadership role for more than three years and has a basic understanding of instruction and assessment but struggles with implementation and monitoring the effectiveness of academic goals). • Level 1:Beginning(Example: The leader has been in a leadership role for three years or less and has a basic understanding of instruction and assessment but struggles with implementation and monitoring the effectiveness of academic goals). • Level 0:Not Using(Example: Leader demonstrates little or no evidence of involvement in instruction and assessment). Rubrics and weighting scales The 119 elements in the LPE have been grouped by CSUSA's 5 strategic priority areas: 1. Student Success, 2. Maximized Resources, 3. Development and Innovation, 4. Customer Focused Operational Performance and 5. World Class Team and Culture to ensure a balanced approach to continuous improvement throughout the School. To summarize, the Domains of the 5 strategic priorities align to the 4 Domains of the Florida Principal Leadership Standards (FPLS) as follows: • Student Success (29 elements, 24% of LPE) aFPLS Domains 1, 2 & 4 • World Class team and Culture (41 elements, 35% of LPE) aFPLS Domains 2, 3 & 4 • Maximized Resources (11 elements, 9% of LPE) aFPLS Domain 3 & 4 • Development and Innovation (5 elements, 4% of LPE) WLS Domain 3 & 4 • Customer Focused Operational Performance (33 elements, 28% of LPE) aFPLS Domain 3 & 4 The LPE elements are weighted by the percentage shown above and incorporate the wide range of responsibilities that fall within the principal's realm that are ultimately calculated to measure the instructional leadership portion of the evaluation. Final weights will be determined by the number of elements receiving a score of 0-4, Not Observed ratings will be excluded from the weighting determination. Computation of Final LPE Score: • Step 1: Rate observed elements at each of the following levels: Innovating (4), Applying (3), Developing (2), Beginning (1),Not Using (0) or Not Observed(no value given). • Step 2: Find the average score for each of the 5 LPE Priority Area segments. *These segment ratings will range from I to 4. • Step 3: Calculate the weighted average of the 5 LPE segment scores and place the resulting score, ranging from one to four, on the LPE scale below. Please see Rubrics and weighting scales of the LPE above for segment weights. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 13 The final LPE rating scale is as follows: Highly Effective Effective Needs Improvement/ Unsatisfactory Developing 3.5 -4.0 2.5 -3.49 1.5 -2.49 1.0 - 1.49 All observation results will be calculated and overseen by CSUSA's Human Resources Department, and with final approval by the leader's Area Director. CSUSA Area Directors are responsible for completing all Principal Evaluations. The principal will complete the assistant principal evaluations and the principal and assistant principal will complete all other leadership evaluations within the institution. The LPE tool's final rating scale is designed to maintain a high level of rigor in a leader's instructional leadership evaluation. The scale used for the final combined evaluation is more aligned with state staff evaluation trends. Additional details of the evaluation process and evaluation protocols can be found below in subsequent sections. B. Other Indicators of Performance In this section, the district shall provide the following information regarding any other indicators of performance that will be included for school administrator evaluations. 1. Pursuant to section 1012.34(3)(a)4.,F.S., up to one-third of the evaluation may be based upon other indicators of performance. At CSUSA, other indicators of performance account for 0% of the school administrator performance evaluation. 2. Description of additional performance indicators,if applicable. 3. Description of the step-by-step calculation for determining the other indicators of performance rating for school administrators,including cut points for differentiating performance. C. Performance of Students In this section, the district shallprovide the following information regarding the student performance data that will be included for school administrator evaluations. 1. Pursuant to section 1012.34(3)(a)1.,F.S., at least one-third of the performance evaluation must be based upon data and indicators of student performance, as determined by each school district. This portion of the evaluation must include growth or achievement data of the administrator's school(s)over the course of at least three years. If less than three years of data are available,the years for which data are available must be used. Additionally,this proportion may be determined by administrative responsibilities. At CSUSA, performance of students accounts for 45% of the school administrator performance evaluation. 2. Description of the step-by-step calculation for determining the student performance rating for school administrators,including cut points for differentiating performance. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 14 Student Performance Measures For the term of this plan (2018-2021), historical student growth on nationally normed assessments will be utilized (Northwest Evaluation Association's Measures of Academic Progress—NWEA MAP)as a measure of Student Performance. The school will base 45 percent of the performance rating on data and indicators of student academic performance and learning growth assessed annually by internal, nationally normed MAP assessments. Growth for students with disabilities and English language learners are incorporated when scores are available. Growth ratings will be assigned according to normative growth trends and across both math and English Language Arts (ELA)for all tested students in the school building.All students K-10 are monitored and assessed at least two times per year with MAP; students in grades 11 and 12 at least once per year. These nationally normed,interim assessments, measure student achievement and growth in ELA and mathematics. MAP assessments are aligned to the Florida Standards Assessment as well as college and career readiness standards (ACT/SAT). At all grade levels MAP assessments are adaptive and computer-based. They also provide audio support for beginning readers. After each MAP administration, each student receives a Rasch UnIT (RIT scale score) growth target. These targets are provided by NWEA and represent the status(percentile)and growth norms drawn from over 10 million students' assessment results nationwide annually. A student's grade and instructional level impact their projected growth target. Students in the same grade, but at different achievement percentiles, receive growth targets tailored to their ability level and the average growth achieved nationwide by students in the same grade and scoring at the same percentile at the beginning of the year. Each spring, on the Achievement Status and Growth Report, NWEA calculates the total percentage of students meeting their RIT growth targets school-wide and for each class, grade level and subject using the following equation: Percentage of Students who Met or Exceeded their Projected RIT Count of Students who Met or Exceed their Projected RIT Count of Students with Available Growth Projections and Scores When this value exceeds 50%, average student growth, exceeds that of typical students nationwide.' Three years of ratings will be used when available, with the most recent year carrying the most weight. Preliminary value ratings associated with performance on this metric are presented in the table below. These values are subject to change pending the schools' distribution of growth scores and updates to the normative distributions from NWEA. %of Students Meeting RIT Growth Targets' <20% 2- Needs Improvement 20%-40% 41%-54% >_ 55% If NWEA growth data is not available for a teacher, the school leader will determine the most appropriate measure of student achievement or growth relative to the teacher's curriculum and instruction. Kindergarten teachers will be evaluated using winter to spring growth norms, per the recommendation of the Northwest Evaluation Association. Teachers of 11r'and 12'grade students will be evaluated on the progress their students make on College and Career Readiness benchmarks—progress on MAP relative to NWEA's ACT and SAT linking studies. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 15 Roster Validation Procedures —Each school will use the processes and procedures required by CSUSA as well as the district procedure to verify and align class rosters with district systems for the analysis of Value Added Model (VAM) scores. D. Summative Rating Calculation In this section, the district shall provide the following information regarding the calculation of summative evaluation ratings for school administrators. 1. Description of the step-by-step calculation for determining the summative rating for school administrators. 2. Pursuant to section 1012.34(2)(e), F.S., the evaluation system for school administrators must differentiate across four levels of performance. Using the district's calculation methods and cut scores described above in sections A—C, illustrate how an elementary principal and a high school principal can earn a highly effective and an unsatisfactory summative performance rating respectively. LES Evaluation Criteria The LES evaluation criteria will be based on three years (when available 2) of student academic growth, and current year instructional practice. The Leader Performance Evaluation (LPE) and Leader Growth Plan(LGP) comprise the Instructional Practice component. Final Evaluation weighting 3 The metrics used to determine the final LES rating, along with each metric's weight in the final rating, are as follows: • Student Academic Performance: o Student Performance Measure: 45% • Instructional Practice: o LPE Score: 55% Details of the scoring and evaluation of leader performance on Student Performance Measures and the LPE are presented above in sections 1, and 2 respectively. Once Student Performance and LPE scores(1-4)are determined,they are combined according to the weighting above and assigned a final rating based on the scale below: Highly Effective Effective Needs Improvement/ Unsatisfactory Developing 3.05 -4.00 1.65 - 3.04 1.15 - 1.64 1.00- 1.14 All evaluation results will be calculated and overseen by CSUSA's Human For leaders with less than 3 years of data,years available will be used.Please see section C.Performance of Students,for details. a Pursuant to Florida statute 1012.01(3)(a),F.S. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 16 Resources Department, and with final determination by the leader's State Director,Area Director, CSUSA's Senior Vice President of Education and Chief of schools. CSUSA State and Area Directors of Education are responsible for completing all Principal Evaluations, the principal will complete assistant principal evaluations and the principal and assistant principal will complete all other leadership evaluations in the building. Per rule 6A-5.030.(3).(d).l.c.(VII), F.A.C., the school may amend an evaluation based upon assessment data from the current school year if the data becomes available within ninety (90)days after the close of the school year. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 17 Appendix A— Evaluation Framework Crosswalk In Appendix A, the district shall include a crosswalk of the district's evaluation framework to each of the Florida Principal Leadership Standards (FPLSs). The abbreviations used are as follows: • SS — Student Success • OP—Customer Focused Operational Performance • WC—World Class Team and Culture • MR—Maximized Resources • DI—Development and Innovation Alignment to the Florida Principal Leadership Standards Practice Evaluation Indicators Domain 1: Student Achievement 1. Student Learning Results Effective school leaders achieve results on the school's student learning goals. a. The school's learning goals are based on the state's adopted student academic SS—1,4,6-8,29 standards and the district's adopted curricula,and, b. Student learning results are evidenced by the student performance and growth on SS-7,8,29 statewide assessments,district-determined assessments that are implemented by the district under Section 1008.22,F.S.;international assessments,and other indicators of student success adopted by the district and state. 2. Student Learning as a Priority Effective school leaders demonstrate that student learning is their top priority through leadership actions that build and support a learning organization focused on student success. SS—2, 16,23,24,28 a. Enables faculty and staff to work as a system focused on student learning, WC—83; MR- 110 b. Maintains a school climate that supports student engagement in learning; SS—2, 10, 16,22,23,28WC—82,86, 89 c. Generates high expectations for learning growth by all students;and, WC-83 d. Engages faculty and staff in efforts to close learning performance gaps among student SS-6-9,20 subgroups within the school. Domain 2: Instructional Leadership 3.Instructional Plan Implementation Effective school leaders work collaboratively to develop and implement an instructional framework that aligns curriculum and state standards, effective instructional practices,student learning needs and assessments. a. Implements the Florida Educator Accomplished Practices as described in Rule 6A- SS-5 5.065,F.A.C.,through a common language of instruction, b. Engages in data analysis for instructional planning and improvement; SS—3, 8,9, 11,20 OP—55,56,59,60 c. Communicates the relationships among academic standards,effective instruction,and SS—1,4-8,10, 11,26,27,29; student performance, WC-83 d. Implements the district's adopted curricula and state's adopted academic standards in a SS—1, 5,8,27 manner that is rigorous and culturally relevant to the students and school;and, OP—47,48 e. Ensures the appropriate use of high quality formative and interim assessments aligned SS- 1,6,8 with the adopted standards and curricula. 4.Faculty Development Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 18 Alignment to the Florida Principal Leadership Standards NNERPractice M W Evaluation Indicators Effective school leaders recruit, retain and develop an effective and diverse faculty and staff. a. Generates a focus on student and professional learning in the school that is clearly SS—3,7,8, 10, 16,22,23,28 29; linked to the system-wide strategic objectives and the school improvement plan, WC-87 b. Evaluates,monitors,and provides timely feedback to faculty on the effectiveness of SS—3, 8,9, 11,20 instruction, WC-87 c. Employs a faculty with the instructional proficiencies needed for the school population WC-87 served, d. Identifies faculty instructional proficiency needs, including standards-based content, SS-3, 9, 11 research-based pedagogy, data analysis for instructional planning and improvement, WC-87 and the use of instructional technology, e. Implements professional learning that enables faculty to deliver culturally relevant and WC-87 differentiated instruction;and, f Provides resources and time and engages faculty in effective individual and SS-5, 9,27 collaborative professional learning throughout the school year. WC-87 5.Learning Environment Effective school leaders structure and monitor a school learning environment that improves learning for all of Florida's diverse student population. a. Maintains a safe,respectful and inclusive student-centered learning environment that SS—17-19,22,29 is focused on equitable opportunities for learning and building a foundation for a fulfilling life in a democratic society and global economy, b. Recognizes and uses diversity as an asset in the development and implementation of SS- 1 procedures and practices that motivate all students and improve student learning, c. Promotes school and classroom practices that validate and value similarities and SS-3 differences among students, d. Provides recurring monitoring and feedback on the quality of the learning SS-3 environment, OP—47,48,49 e. Initiates and supports continuous improvement processes focused on the students' SS-5 opportunities for success and well-being;and, f Engages faculty in recognizing and understanding cultural and developmental issues SS-27 related to student learning by identifying and addressing strategies to minimize and/or eliminate achievement gaps. Domain 3: Organizational Leadership OIL, 6.Decision Making Effective school leaders employ and monitor a decision-making process that is based on vision, mission and improvement priorities using facts and data. a. Gives priority attention to decisions that impact the quality of student learning and WC-94 teacher proficiency, MR- 114 b. Uses critical thinking and problem solving techniques to define problems and identify SS— 17;OP-37 solutions, WC-93 c. Evaluates decisions for effectiveness,equity,intended and actual outcome; SS-3, implements follow-up actions;and revises as needed, WC—92, d. Empowers others and distributes leadership when appropriate;and, SS— 15, 16,23,26,28 e. Uses effective technology integration to enhance decision making and efficiency WC-63 throughout the school. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 19 7.Leadership Development Effective school leaders actively cultivate, support and develop other leaders within the organization. a. Identifies and cultivates potential and emerging leaders, WC-67,71 b. Provides evidence of delegation and trust in subordinate leaders, SS-26,29 c. Plans for succession management in key positions, WC-69,70 d. Promotes teacher-leadership functions focused on instructional proficiency and student SS-5,26,29 learning,and, e. Develops sustainable and supportive relationships between school leaders,parents, SS- 12,25,-69,70 community,higher education and business leaders. WC MR- 113 8. School Management Effective school leaders manage the organization, operations, and facilities in ways that maximize the use of resources to promote a safe, efficient, legal, and effective learning environment. SS-15; OP-30,32,35,39, a. Organizes time,tasks and projects effectively with clear objectives and coherent plans, 44,51,52, 53,55,56, 57,59, 60 WC-91, 100, 101 b. Establishes appropriate deadlines for him/herself and the entire organization, OP-30,40,62 WC-64,90, 91, 101 OP-33,34 c. Manages schedules,delegates,and allocates resources to promote collegial efforts in WC-68,91, 98,99 school improvement and faculty development;and, MR-104, 107, 109 OP-31,54 d. Is fiscally responsible and maximizes the impact of fiscal resources on instructional WC-76-78,85, 91,94 priorities. MR-104-106, 108, 111, 112, 114, 115, 117, 118 9. Communication Effective school leaders practice two-way communications and use appropriate oral, written, and electronic communication and collaboration skills to accomplish school and system goals by building and maintaining relationships with students, faculty,parents, and community. SS- 12, 13 a. Actively listens to and learns from students,staff,parents,and community OP-43,55,56, 58,61,62; stakeholders, WC-66,81; MR- 111 b. Recognizes individuals for effective performance, SS- 10; WC-79-81,97 c. Communicates student expectations and performance information to students,parents, SS SS- 12 2,21 , 41,55; and community; - WC-82,95 SS-12, 13, 14, d. Maintains high visibility at school and in the community and regularly engages OP-35-38,59 stakeholders in the work of the school, WC-72,88, 96; MR- 113 e. Creates opportunities within the school to engage students,faculty,parents,and SS-12, 13, 14, 15,26OP-42,55,56,61 community stakeholders in constructive conversations about important school issues. WC-74,95, 96,99,95 SS- 12, 13 f Utilizes appropriate technologies for communication and collaboration;and, OP-43,45,46; WC-75 g. Ensures faculty receives timely information about student learning requirements, OP-41,46 academic standards,and all other local state and federal administrative requirements WC-65,73, 84 and decisions. Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 20 Domain 4: Professional and Ethical Behavior 10.Professional and Ethical Behavior Effective school leaders demonstrate personal and professional behaviors consistent with quality practices in education and as a community leader. a. Adheres to the Code of Ethics and the Principles of Professional Conduct for the OP—50; Education Profession in Florida,pursuant to Rules 6A-10.080 and 6A-10.081,F.A.C.; DI-102, 103 b. Demonstrates resiliency by staying focused on the school vision and reacting SS— 16,23,28 constructively to the barriers to success that include disagreement and dissent with leadership, c. Demonstrates a commitment to the success of all students,identifying barriers and SS- 12, 13; their impact on the well-being of the school,families,and local community, DI- 116 d. Engages in professional learning that improves professional practice in alignment with OP—47; the needs of the school system, G- 119 e. Demonstrates willingness to admit error and learn from it;and, SS— 10; DI—103 f Demonstrates explicit improvement in specific performance areas based on previous DI- 119 evaluations and formative feedback. 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UQmmQ o mmE m � oN .L mm - o � � � mU mem U � r — m � U m E mai m 0 > c m O Or m o U .m 22 0 m o O L E r L U 0) 2 m m o L L L LL � � C7ca (n � o °) ° omEaa) m a ILo (D W Appendix C — Student Performance Measures In Appendix C, the district shall provide the studentperformance measures to be usedfor calculating the performance of students for school administrators. Student Performance Measure Assessments) Performance Standards) Grades K-10 Northwest Evaluation The percent of the school's Association's Measures of students meeting their customized Academic Progress: Math and normative growth targets in Math ELA and ELA from the fall to the spring. Grades 11-12 Northwest Evaluation The percent of the school's Association's Measures of students improving their projected Academic Progress: Math and ACT/SAT aligned scores from the ELA prior year. 30 Appendix D— Summative Evaluation Forms In Appendix D, the district shall include the summative evaluation forms) to be used for school administrators. Final Scoring Exam l�ec School Leader Unsatisfactory Highly Effective LPE 1.26 Unsatisfactory LPE 2.85 Effective Growth 1.00 Unsatisfactory Growth 4.00 Highly Effective FINAL SCORE 1.09 Unsatisfactory FINAL SCORE 3.34 Highly Effective Example Leader summary page: �1 C USA Charter Schools USA leader Evaluation System 2018-2019 School Year Leader Name: School: Position: Submitted to County: Final Score: Final Rating: 55% Instructional Leadership: 45% Student Performance Area Director: Signature: Effective Date: March 2018 SBR 6A-5.030 FORM AEST-2018 �� 0%� CHARTER SCHOOLS USA I � ' III III -Ia ' q& lop Effective Date:March 2018 SBR 6A-5.030 [October 2 Purpose The purpose of this document is to provide the district with a template for its instructional personnel evaluation system that addresses the requirements of Section 1012.34,Florida Statutes (F.S.), and Rule 6A-5.030, Florida Administrative Code (F.A.C.). This template, Form ]EST- 2017, is incorporated by reference in Rule 6A-5.030,F.A.C., effective April 2018. Instructions Each of the sections within the evaluation system template provides specific directions, but does not limit the amount of space or information that can be added to fit the needs of the district. Where documentation or evidence is required, copies of the source documents (e.g., rubrics, policies and procedures, observation instruments) shall be provided at the end of the document as appendices in accordance with the Table of Contents. Before submitting, ensure the document is titled and paginated. Submission Upon completion, the district shall email this form and any required supporting documentation as a Microsoft Word document for submission to Di strictEval SysEQgfl doe.org. Modifications to an approved evaluation system may be made by the district at any time. Substantial revisions shall be submitted for approval, in accordance with Rule 6A-5.030(3), F.A.C. The entire template shall be sent for the approval process. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 3 Table of Contents PartI: Evaluation System Overview............................................................................................. 4 Part II: Evaluation System Requirements.................................................................................... 4 PartIII: Evaluation Procedures.................................................................................................... 7 PartIV: Evaluation Criteria.......................................................................................................... 8 A. Instructional Practice........................................................................................................ 8 B. Other Indicators of Performance.................................................................................... 12 C. Performance of Students............................................................................................... 12 D. Summative Rating Calculation ...................................................................................... 14 Appendices..................................................................................................................................... 16 Appendix A—Evaluation Framework Crosswalk.............................................................. 16 Appendix B —Observation Instruments for Classroom Teachers...................................... 18 Appendix C—Observation Instruments for Non-Classroom Instructional Personnel ....... 19 Appendix D— Student Performance Measures................................................................... 20 Appendix E— Summative Evaluation Forms ..................................................................... 21 Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 4 Part I: Evaluation System Overview In Part 1, the district shall describe the purpose and provide a high-level summary of the instructional personnel evaluation system. The Charter Schools USA (CSUSA)Instructional Evaluation System is a comprehensive, multi- component assessment of a teacher's instructional practice and professional growth, and the academic growth of their students. Instructional practice and professional growth have the largest impact on a teacher's score (55%)with Student performance(growth) accounting for 45% of the final evaluation. Part II: Evaluation System Requirements In Part 11, the district shall provide assurance that its instructional personnel evaluation system meets each requirement established in section 1012.34, E.S., below by checking the respective box. School districts should be prepared to provide evidence of these assurances upon request. System Framework ❑ The evaluation system framework is based on sound educational principles and contemporary research in effective educational practices. ❑ The observation instrument(s)to be used for classroom teachers include indicators based on each of the Florida Educator Accomplished Practices (FEAPs) adopted by the State Board of Education. ❑ The observation instrument(s) to be used for non-classroom instructional personnel include indicators based on each of the FEAPs, and may include specific job expectations related to student support. Training ❑ The district provides training programs and has processes that ensure Y Employees subject to an evaluation system are informed of the evaluation criteria, data sources, methodologies, and procedures associated with the evaluation before the evaluation takes place; and Y Individuals with evaluation responsibilities and those who provide input toward evaluations understand the proper use of the evaluation criteria and procedures. Data Inclusion and Reporting ❑ The district provides instructional personnel the opportunity to review their class rosters for accuracy and to correct any mistakes. ❑ The district school superintendent annually reports accurate class rosters for the purpose of calculating district and statewide student performance, and the evaluation results of instructional personnel. ❑ The district may provide opportunities for parents to provide input into performance evaluations, when the district determines such input is appropriate. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 5 Evaluation Procedures ❑ The district's system ensures all instructional personnel, classroom and non-classroom, are evaluated at least once a year. ❑ The district's system ensures all newly hired classroom teachers are observed and evaluated at least twice in the first year of teaching in the district. Each evaluation must include indicators of student performance; instructional practice; and any other indicators of performance,if applicable. ❑ The district's system identifies teaching fields for which special evaluation procedures or criteria are necessary,if applicable. ❑ The district's evaluation procedures comply with the following statutory requirements in accordance with section 1012.34, F.S.: Y The evaluator must be the individual responsible for supervising the employee; the evaluator may consider input from other personnel trained on the evaluation system. Y The evaluator must provide timely feedback to the employee that supports the improvement of professional skills. Y The evaluator must submit a written report to the employee no later than 10 days after the evaluation takes place. Y The evaluator must discuss the written evaluation report with the employee. Y The employee shall have the right to initiate a written response to the evaluation and the response shall become a permanent attachment to his or her personnel file. Y The evaluator must submit a written report of the evaluation to the district school superintendent for the purpose of reviewing the employee's contract. Y The evaluator may amend an evaluation based upon assessment data from the current school year if the data becomes available within 90 days of the end of the school year. Use of Results ❑ The district has procedures for how evaluation results will be used to inform the Y Planning of professional development; and Y Development of school and district improvement plans. ❑ The district's system ensures instructional personnel who have been evaluated as less than effective are required to participate in specific professional development programs, pursuant to section 1012.98(10),F.S. Notifications ❑ The district has procedures for the notification of unsatisfactory performance that comply with the requirements outlined in Section 1012.34(4),F.S. ❑ The district school superintendent shall annually notify the Department of Education of any instructional personnel who Y Receive two consecutive unsatisfactory evaluation ratings; or Y Are given written notice by the district of intent to terminate or not renew their employment, as outlined in section 1012.34(5), F.S. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 6 District Self-Monitoring ❑ The district has a process for monitoring implementation of its evaluation system that enables it to determine the following: Y Compliance with the requirements of section 1012.34, F.S., and Rule 6A-5.030, F.A.C.; Y Evaluators' understanding of the proper use of evaluation criteria and procedures, including evaluator accuracy and inter-rater reliability; Y Evaluators provide necessary and timely feedback to employees being evaluated; Y Evaluators follow district policies and procedures in the implementation of evaluation system(s); Y Use of evaluation data to identify individual professional development; and, Y Use of evaluation data to inform school and district improvement plans. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 Part III: Evaluation Procedures In Part 11, the district shall provide the following information regarding the observation and evaluation of instructional personnel. The following tables are provided for convenience and may be customized to accommodate local evaluation procedures. 1. Pursuant to section 10 12.3 4(3)(b), F.S., all personnel must be fully informed of the criteria, data sources, methodologies, and procedures associated with the evaluation process before the evaluation takes place. In the table below, describe when and how the following instructional personnel groups are informed of the criteria, data sources, methodologies, and procedures associated with the evaluation process: classroom teachers, non-classroom teachers, newly hired classroom teachers, and teachers hired after the beginning of the school year. Instructional When Personnel Personnel i iInforming are Groupi Returning Teacher Classroom and Face to face delivery of materials and content, Non-Classroom Orientation(RTO) virtual, on demand training, handouts, emails and on- Teachers — 1 week prior to site professional development. school starting Newly Hired New TeacherFace to face delivery of materials and content, Classroom Induction(NTI)— virtual, on demand training, handouts, emails and on- Teachers 2-3 weeks prior to site professional development. school starting Mid-year NTI and/or New Face to face delivery of materials and content, Late Hires Teacher virtual, on demand training, handouts, emails and on- Onboarding— within 90 days of site professional development. hire date 2. Pursuant to section 1012.34(3)(a),F.S., an observation must be conducted for each employee at least once a year, except that a classroom teacher who is newly hired by the district school board must be observed at least twice in the first year of teaching in the school district. In the table below, describe when and how many observations take place for the following instructional personnel groups: classroom teachers, non-classroom teachers,newly hired classroom teachers, and teachers hired after the beginning of the school year. Numbe�of hen Observations Oc When Observation Results are 1 insA� CAMMMiCommunicatedto Personnel All Classroom and Non-Classroom Instructional staff members,hired before or after the beginning of the r Frequency can Frequency of non-evaluative range from observations is differentiated by Immediately in the online evaluation weekly to a teacher needs, as determined by platform. minimum of deliberate practice plans, student data quarterly. and other informal observations. 3. Pursuant to section 1012.34(3)(a),F.S., a performance evaluation must be conducted for each employee at least once a year, except that a classroom teacher who is newly hired by the district school board must be evaluated at least twice in the first year of teaching in the Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 8 school district. In the table below, describe when and how many summative evaluations are conducted for the following instructional personnel groups: classroom teachers, non- classroom teachers, newly hired classroom teachers, and teachers hired after the beginning of the school year. InstructionalResults Personnel When Evaluations Occur Evaluation i iPersonnel IX Group For all Classroom and Non-Classroom Instructional Staff Members JL JL End-Year evaluation: In one- Teachers End-Year evaluation: on-one conferences between returning to the 1 Annually in the spring of staff member and the school building from each year prior to the last the prior year. day of school. leadership team,prior to the end of the school year. All new teachers to the profession, Mid-Year evaluation:Prior Mid-Year evaluation: In one- state of Florida, to January 20th or within a on-one conferences between CSUSA and/or 90-day period from hire staff member and the school the school date, whichever is later. leadership team. building. 2 *This is also End-Year evaluation: End-Year evaluation: In encouraged Annually in the spring of one-on-one conferences when buildings each year prior to the last between staff member and the have a new day of school. school leadership team. leader. Part IV: Evaluation Criteria A. Instructional Practice In this section, the district shall provide the following information regarding the instructional practice data that will be included for instructional personnel evaluations. 1. Pursuant to section 1012.34(3)(a)2., F.S., at least one-third of the evaluation must be based upon instructional practice. At CSUSA, instructional practice accounts for 55% of the instructional personnel performance evaluation. 2. Description of the step-by-step calculation for determining the instructional practice rating for classroom and non-classroom instructional personnel,including cut points for differentiating performance. The instructional practice component of the IES, 55% of the final evaluation, is comprised of two tools; the Teacher Feedback and Evaluation Tool (TEFT) (35%) and a teacher's Deliberate Practice Plan (DPP) (20%). The TFET — Evaluatiniz core effective Dractices and instructional strateffies Evaluative and non-evaluative versions of the Teacher Feedback and Evaluation Tool (TFET)are based on the research of Robert J.Marzano,with connections to the Florida Educator Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 9 Accomplished Practices(FEAPs), and the State of Florida-adopted Marzano Evaluation Model. Specifically,the research base for the TFET includes: • Marzano, Robert J. What Works in Schools: Translating Research into Action. Arlington, Virginia: Association for Supervision and Curriculum Development, 2003, 2013. • Marzano, Robert J. The Art and Science of Teaching. Arlington, Virginia: Association for Supervision and Curriculum Development, 2007. • Marzano,Robert J. et.al. Classroom Instruction that Works:Research-Based Strategies for Increasing Student Achievement. Upper Saddle River,New Jersey: Prentice Hall, 2004. • Marzano,Robert J. et.al. Classroom Management That Works:Research-Based Strategies for Every Teacher. Upper Saddle River,New Jersey: Prentice Hall, 2008. • Marzano, Robert J. Classroom Assessment & Grading that Work. Arlington, Virginia: Association for Supervision and Curriculum Development, 2006. The TFET is first organized by the strategies and behaviors observed inside and outside of the classroom. Additionally, it is aligned to CSUSA's 5 strategic priority areas — 1. Student Success, 2. Maximized Resources, 3. Development and Innovation, 4. Customer Focused Operational Excellence, and 5. World Class Team and Culture — which reflect a balanced approach to quality and continuous improvement based on Robert S. Kaplan and David Norton's The Balanced Scorecard: Translating Strategy into Action. Boston: Harvard Business School Press (1996). The 5 strategic priorities represent CSUSA's approach to addressing the unique challenges of charter schools, and to ensuring that the energies, abilities, and specific knowledge of all employees throughout the school and the organization are focused on improving the quality of services required to increase student academic performance and foster student learning. The 5 strategic priorities align to the Marzano Evaluation Model as follows: • Student Success: An unwavering focus on implementing CSUSA's research-based Educational Model based on Marzano's research. o Domain 1: Inside the Classroom • Well-Managed Learning Environment • Equitable Learning Environment • High Expectations Environment • Supportive Learning Environment • Active Learning Environment • Progress Monitoring and Feedback • Digital Learning Environment o Domain 2: Outside of the Classroom • Planning and Preparing • Data-driven Instruction Results • World Class Team and Culture: The intangible quality that inspires team members to volunteer their best every day, commit to their professional growth, and maximize their effectiveness to increase student learning. It is also the component that supports team members in finding satisfaction and meaning in their work. o Domain 3: Outside of the Classroom • Reflecting on Teaching o Domain 4: Outside of the Classroom • Collegiality and Professionalism Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 10 • Maximized Resources: A commitment to sound business practices to ensure financial viability and the ability of the school to invest in programs and resources to increase student growth. o Domain 4: Outside of the Classroom • Promoting District and School Development • Development and Innovation: The unique challenges of a charter school to create and meet enrollment demands, which form the basis for the school's financial health. o Domain 4: Outside of the Classroom • Promoting District and School Development • Customer Focused Operational Excellence: The school-wide efforts to ensure a safe and orderly environment and the secure maintenance of student records. o Domain 4: Outside of the Classroom • Promoting District and School Development Student Success (All segments of Inside the Classroom, and Planning and Preparing) constitutes 65% or, a majority, of the TFET. In its entirety, the TFET will be used as an annual evaluative assessment of classroom and non-classroom' full time instructional staff member performance and will constitute 35% of the final summative evaluation. The TFET will also be chunked into smaller non-evaluative segments(see below)to be used throughout the year to provide ongoing instructor feedback and inform the planning of professional development and the development of school and CSUSA-wide improvement plans (rule 6A- 5.030.(3).(d).l.d, F.A.C.). The TFET informs teachers and school leaders on appropriate deliberate practice goals. For further discussion, please see the Other Indicators of Performance section below. Segments and weighting of the TFET (evaluative weighting): • Inside of the Classroom (50%) o Well-Managed Learning Environment o Equitable Learning Environment o High Expectations Environment o Supportive Learning Environment o Active Learning Environment o Progress Monitoring and Feedback o Digital Learning Environment • Outside of the Classroom (15%) o Planning and Preparing • Outside of the Classroom (35%) o Data-driven Instruction Results o Customer Focused Operational Excellence o World Class Team and Culture o Maximized Resources/Development and Innovation To ensure the integrity of the system and inter-rater reliability, all evaluators will utilize a common rubric, participate in professional development, and use a common core of effective practices. For non-classroom teachers, school leaders will use their discretion as to which elements apply and how,to a teacher's unique role in the building.Elements will be eliminated entirely in the most extreme circumstances. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 11 The scale outlined above will be used for both evaluative and non-evaluative observations ensuring consistent, clear, and specific feedback to teachers throughout the year and on their end-year evaluative TFET. The TFET tool's final rating scale is designed to maintain a high level of rigor in a teacher's instructional practice. The scale used for the final combined evaluation is more aligned with state evaluation trends. Additional details of the evaluation process and evaluation protocols can be found below in sections 5 and 6. Scoring the TFET (Final) The process to assign a final TFET score and rating is as follows: • Step 1: Rate observed elements at each of the following levels: Innovating (4), Applying (3), Developing (2), Beginning(1), Not Using (0) or Not Observed (no value given). • Step 2: Count the number of ratings at each level for each of the 12 TFET segments. • Step 3: Within each segment, determine the percentage of the total number of ratings, excluding Not Observed, each level represents. • Step 4: For each segment, apply the results from Step 3 to the Proficiency Scale: These segment ratings will range from I to 4. Highly Effective(4) Effective(3) Developing(2) Unsatisfactory(1) At least 55%at Level 4 <55%at Level 3 or higher and At least 55%at Level 3 or and >50%at Level 1 or 0 higher — 0%at Level 0 or 1 <50%Level 0 or 1 • Step 5: Calculate the weighted average of the 12 TFET segment scores and place the resulting score on the TFET scale below. Please see Segments and weighting of the TFET above. The final TFET rscale is as follows: Highly Effective Effective eds Improvement/ Unsatisfactory Developing 3.5-4.0 2.5-3.49 1.5-2.49 1.0- 1.49 All observation results will be calculated electronically via the School's instructional improvement system, a process that will be overseen by the School's management company's Human Resources Department, and with final approval by the School's principal. The TFETs final rating scale is designed to maintain a high level of rigor in instructional practice. The scale used for the final combined evaluation is more aligned with state staff evaluation trends. Additional details of the evaluation process and evaluation protocols can be found below in sections 5 and 6. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 12 DPP — Deliberate Practice Plan: Instructional staff professional izoals settiniz The deliberate practice score is the second element in the instructional practice component of the Teacher Evaluation System and will account for 20% of a teacher's final rating. All teachers will identify three TFET indicators to focus on and develop throughout the year. Each selected element will become a goal in the teacher's Deliberate Practice Plan (DPP). The DPP will be created,reviewed and monitored collaboratively with the school leadership team. The school leadership team evaluates growth on each of the three goals. The annual baseline values are determined by the prior year TFET score, or mid-year TFET in the case of a new teacher. Growth from the baseline to end-year TFET is determined by the table below. The final DPP score is the average of all three goals' growth scores. For example, a teacher whose growth scores were 3, 3, and 2 would receive a DPP score of 2.6. This final score is place on the same rating scale as the final TFET score. Thus a DPP of 2.6 is "Effective." DevelopingHighly Effective (4) Effective (3) Grows 4 levels Grows 3 levels Grows 2 level Grows 1 level Achieves no growth or grows to or grows to or grows to or grows to or scores Innovating Applying Developing Beginning Not Using B. Other Indicators of Performance In this section, the district shall provide the following information regarding any other indicators of performance that will be included for instructional personnel evaluations. 1. Pursuant to section 1012.34(3)(a)4., F.S., up to one-third of the evaluation may be based upon other indicators of performance. At CSUSA, other indicators of performance account for 0% of the instructional personnel performance evaluation. 2. Description of additional performance indicators,if applicable. 3. Description of the step-by-step calculation for determining the other indicators of performance rating for classroom and non-classroom instructional personnel,including cut points for differentiating performance. C. Performance of Students In this section, the district shallprovide the following information regarding the student performance data that will be included for instructional personnel evaluations. 1. Pursuant to section 1012.34(3)(a)l.,F.S., at least-one third of the performance evaluation must be based upon data and indicators of student performance, as determined by each school All new teachers will receive a Mid-Year'IYET evaluation to drive DPP goals and baseline scores after their 90 days. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 13 district. This portion of the evaluation must include growth or achievement data of the teacher's students over the course of at least three years. If less than three years of data are available,the years for which data are available must be used. Additionally, this proportion may be determined by instructional assignment. At CSUSA, performance of students accounts for 45% of the instructional personnel performance evaluation. 2. Description of the step-by-step calculation for determining the student performance rating for classroom and non-classroom instructional personnel,including cut points for differentiating performance. Student Performance Measures For the term of this plan (2018-2021), historical student growth on nationally normed assessments will be utilized (Northwest Evaluation Association's Measures of Academic ProgressNWEA MAP or Curriculum Associates' i-Ready Diagnostic Assessment) as a measure of Student Performance. Student Assessments The School will base 45%of the overall performance rating on data and indicators of student academic performance and learning growth assessed annually by nationally normed assessments. Growth for students with disabilities and English language learners will be incorporated per the specifications of Florida statute. For all full-time instructional staff members in roles, grades— including "newly hired" teachers, the School, pursuant to section 1012.34,(7)(b), F.S., Florida Statutes will utilize three years of nationally normed growth data in math and English Language Arts (ELA). Growth ratings will be assigned according to normative growth trends and across both math and ELA for a teacher's students. All students in grades K-10 are monitored and assessed at least two times per year with MAP or i-Ready. These nationally normed, interim assessments, measure student achievement and growth in ELA and mathematics. Assessments are aligned to the Florida Standards Assessment as well as college and career readiness standards (ACT/SAT — MAP Only). At all grade levels MAP/i- Ready assessments are adaptive and computer-based. They also provide audio support for beginning readers. After each MAP/i-Ready administration, each student receives a scale score growth target for normative/typical growth. These targets are provided by the vendors and represent the status (percentile) and growth norms drawn from over 5 million students' assessment results nationwide. A student's grade and instructional level impact their projected growth target. Students in the same grade, but at different achievement percentiles/levels, receive growth targets tailored to their ability level and the average growth achieved nationwide by students in the same grade and scoring at the same percentile/level at the beginning of the year. Each spring, MAP/i-Ready calculates the total percentage of students meeting their typical growth targets using the following equation: Percentage of Students who Met or Exceeded their Projective RIT/Typical Growth Target Count of Students who Met or Exceeded their Projected RIT/Typical Growth Target Count of Students with Available Growth Projections and Scores Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 14 When this value exceeds 50%, average student growth, exceeds that of typical students nationwide.' Three years of ratings will be used when available, with the most recent year carrying the most weight. Preliminary value ratings associated with performance on this metric are presented in the table below. These values are subject to change pending the schools' distribution of growth scores and updates to the normative distributions from NWEA and Curriculum Associates. %of Students Meeting RIT/Typical Growth Targets' <20% 2- Needs Improvement 20%-40% 41%-54% >_ 55% For any staff member that has a school-wide impact, the School, pursuant to section 1012.34,(7)(b), F.S., Florida Statutes, will utilize the school-wide student learning growth (student growth measure) in math and ELA. The school-wide student learning growth measure for full-time instructional staff members without personal MAP/i-Ready data, will be measured by aggregate school-wide growth in math and ELA. Roster Validation Procedures —Each school will use the processes and procedures required by CSUSA as well as the district procedure to verify and align class rosters with district systems for the analysis of Value Added Model (VAM) scores. D. Summative Rating Calculation In this section, the district shall provide the following information regarding the calculation of summative evaluation ratings for instructional personnel. 1. Description of the step-by-step calculation for determining the summative rating for classroom and non-classroom instructional personnel. 2. Pursuant to section 1012.34(2)(e), F.S., the evaluation system for instructional personnel must differentiate across four levels of performance. Using the district's calculation methods and cut scores described above in sections A—C, illustrate how a fourth grade teacher and a ninth grade English language arts teacher can earn a highly effective and an unsatisfactory summative performance rating respectively. s If NWEA growth data is not available for a teacher,the school leader will determine the most appropriate measure of student achievement or growth relative to the teacher's curriculum and instruction. Kindergarten teachers will be evaluated using winter to spring growth norms, per the recommendation of the Northwest Evaluation Association. Teachers of 11'and 12'grade students may be evaluated by their students' achievement on College and Career Readiness benchmarks and/or graduation eligibility when MAP/i-Ready growth data is not available. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 15 Teacher Evaluation System (TES) Evaluation Criteria The TES evaluation criteria will be based on three years (when available') of student academic growth, and current year instructional practice. The Teacher Feedback and Evaluation Tool (TFET) and Deliberate Practice Plan(DPP)comprise the Instructional Practice component. Final Evaluation weighting 5 The metrics used to determine the final TES rating, along with each metric's weight in the final rating, are as follows: • Student Academic Performance: o Student Performance Measure: 45% • Instructional Practice: o Teacher Feedback Evaluation Tool (TFET) Score: 35% o Deliberate Practice Plan (DPP) Score: 20% Details of the scoring and evaluation of teacher performance on Student Performance Measures, the TFET and the DPP are presented above in sections 1, 2 and 3 respectively. Once Student Performance, TFET and DPP scores (1-4) are determined, they are combined according to the weighting above and assigned a rating based on the scale below:' Highly Effective Effective Needs Improvement/ Unsatisfactory Developing 3.05 -4.00 1.65 -3.04 1.15 - 1.64 0.75 - 1.14 The distinction between Needs Improvement and Developing is relative to the staff member's verifiable years of experience. Per rule 6A-5.030.(3).(d).l.c.(VII) the school may also amend an evaluation based upon assessment data from the current school year if the data becomes available within ninety(90) days after the close of the school year. 4 For full time instructional staff members with less than 3 years of data,years available will be used.Please see section C.Student Performance Measures,for details on instructional staff members without student growth results. 5 Pursuant to Florida statute 1012.01(3)(a),F.S.. 6 CSUSA may adjust this scale m any year where there is a significant mis-alignment(defined as more than+/-7%difference) between the distribution of CSUSA teachers and the state as a whole for any fmal performance rating category relative to the prior year. Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 16 Appendix A- Evaluation Framework Crosswalk In Appendix A, the district shall include a crosswalk of the district's evaluation framework to each of the Florida Educator Accomplished Practices (FEAPs). Alignment to the Florida Educator Accomplished Practices Practice Evaluation Indicators 1.Instructional Design and Lesson Planning Applying concepts from human development and learning theories,the effective educator consistently: a. Aligns instruction with state-adopted standards at the appropriate level of rigor, 13-14, 30 b. Sequences lessons and concepts to ensure coherence and required prior knowledge, 7, 30-32 c. Designs instruction for students to achieve mastery, 16, 31 d. Selects appropriate formative assessments to monitor learning, 34, 41 e. Uses diagnostic student data to plan lessons;and, 40, 41 f. Develops learning experiences that require students to demonstrate a variety of 4, 10, 31, 33 applicable skills and competencies. 2.The Learning Environment To maintain a student-centered learning environment that is safe, organized,equitable,flexible,inclusive,and collaborative, the effective educator consistently: a. Organizes,allocates,and manages the resources of time,space,and attention, 3, 7 b. Manages individual and class behaviors through a well-planned management system, 2, 5, 8, 46 c. Conveys high expectations to all students, 10-14, 16-17, 36-38, 53, 54 d. Respects students'cultural linguistic and family background, 9, 15 e. Models clear,acceptable oral and written communication skills, 18, 19 f. Maintains a climate of openness,inquiry,fairness and support, 1, 6-9, 15-18, 36-38 g. lmegrates current information and communication technologies; 27-29, 39 h. Adapts the learning environment to accommodate the differing needs and diversity of 4, 6, 9, 3 6-3 8 students;and i. Utilizes current and emerging assistive technologies that enable students to participate 27-29, 39 in high-quality communication interactions and achieve their educational goals. 3.Instructional Delivery and Facilitation The effective educator consistently utilizes a deep and comprehensive knowledge of'the subject taught to: a. Deliver engaging and challenging lessons, 16, 21 b. Deepen and enrich students'understanding through content area literacy strategies, 19, 20, 33, 44 verbalization of thought,and application of the subject matter, c. Identify gaps in students'subject matter knowledge, 34-35 d. Modify instruction to respond to preconceptions or misconceptions, 17, 22, 26, 33, 3 5 e. Relate and integrate the subject matter with other disciplines and life experiences, 20, 33, 44 f Employ higher-order questioning techniques, 14 g. Apply varied instructional strategies and resources,including appropriate technology, 4, 11, 22, 33, 34 to provide comprehensible instruction,and to teach for student understanding, h. Differentiate instruction based on an assessment of student learning needs and 6 11 40 41 recognition of individual differences in students, i. Support,encourage,and provide immediate and specific feedback to students to 16, 18, 22-26 promote student achievement, j. Utilize student feedback to monitor instructional needs and to adjust instruction. 34-35 Effective Date:March 2018 SBR 6A-5.030 Form IEST2018 17 4.Assessment The ejjective educator consistently: a. Analyzes and applies data from multiple assessments and measures to diagnose students'learning needs,informs instruction based on those needs,and drives the 23, 24, 40, 41 learning process, b. Designs and aligns formative and summative assessments that match learning 34, 40-41 objectives and lead to mastery, c. Uses a variety of assessment tools to monitor student progress,achievement and 23, 24, 34, 3 5, 41 learning gains, d. Modifies assessments and testing conditions to accommodate learning styles and 3 6-3 8 varying levels of knowledge, e. Shares the importance and outcomes of student assessment data with the student and 25, 42 the student's parent/caregiver(s);and, f. Applies technology to organize and integrate assessment information. 41, 42, 45 5.Continuous Professional Improvement The ejjective educator consistently: a. Designs purposeful professional goals to strengthen the effectiveness of instruction 5 5, 5 8, 59, 61 based on students'needs, b. Examines and uses data-informed research to improve instruction and student 33, 40, 5 8 achievement, c. Uses a variety of data,independently,and in collaboration with colleagues,to evaluate learning outcomes,adjust planning and continuously improve the effectiveness of the 22-26, 56, 58, 62, 63, 64 lessons; d. Collaborates with the home,school and larger communities to foster communication 3 8, 42, 50, 56, 57, 63, and to support student learning and continuous improvement, 64, 65, 67, 68 e. Engages in targeted professional growth opportunities and reflective practices,and, 5 5, 59, 60, 61, 63 f. Implements knowledge and skills learned in professional development in the teaching 43, 59, 63 and learning process. 6.Professional Responsibility and Ethical Conduct Understanding that educators are held to a high moral standard in a community,the effective educator: a. Adheres to the Code of Ethics and the Principles of Professional Conduct of the Education Profession of Florida,pursuant to Rules 6A-10.080 and 6A-10.081,F.A.C., 47, 48, 49, 51, 52, 53, and fulfills the expected obligations to students,the public and the education 57 62 66 profession. 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O 0 41 ++ L ++ O Q ... 01 •�, U O O C N N �n C p cL0 h0 Q N U i O 0) 4-- -0 -0-0 -0 {n •� Q {n L {n U U U L U W = , " L L •� {n v„ v) O C p U C CZ ~ .� Zzs �..i zv C� H zW W v v avo ao c0 V1 N 0A O Y 01 N C 01 01 c�0 m O L a N O ++ N 01 w O U a1 �n N O + O a1 Y NLn u U o CL U O ^ v v U O O � 'C to .� Ln O p to p O p N E UV] C C L 0�.0 ++ C O C m U ,+>—+ p k W O t0 O C 0 16 Q; 0) 0 U CC Ln u 0o a V Appendix D — Student Performance Measures In Appendix D, the district shall provide the list of assessments and the performance standards that will apply to the assessment results to be used for calculating the performance of students assigned to instructional personnel. The following table is provided for convenience; other ways of displaying information are acceptable. Student Performance Measures Teaching Assignment Assessments) Performance Standards) Grades K-10 Northwest Evaluation The percent of a teacher's students (includingnon-classroomAssociation's Measures of meeting their customized instructional personnel) Academic Progress: Math and normative growth targets in Math ELA and ELA from the fall to the spring. Grades 11-12 Northwest Evaluation The percent of a teacher's students Association's Measures of improving their projected Academic Progress: Math and ACT/SAT aligned scores from the ELA pnor year. Non-Classroom Northwest Evaluation The percent of a teacher's students Instructional Association's Measures of meeting their customized Personnel Academic Progress: Math and normative growth targets in Math ELA and ELA or improving their projected ACT/SAT aligned scores from the previous year. Effective Date:March 2018 SBR 6A-5.030 Form IEST 2018 21 Appendix E — Summative Evaluation Forms In Appendix E, the district shall include the summative evaluation forms) to be used for instructional personnel. TFET Score Summary ExamUle 2.18 Status- Oeu4*rg Inside Classroom 1,97 0,98 Planning and Preparing 1596 2,00 030 Ouaideilasvoom 39% 2.55 0.89 DPP Score Summary Performix ered rh white - ® TFEf Indicators for 2016-2017 rhe ra me below tonrain:a lint or rFEr inmtamr:m be rM1�e n as a goal_on ly m:me me ria::ronm inmramr:are displarea_re thoo:e an m mramr a:a goal,drag aria drnp me raw i nm one ti ee one cen��ners. Gals � 7, aive teaming Erwirw,mem Equitable Learning Progress MonieoringaM #19 EnrimnmentA`g Feetlback Envimnmenr#24 2 —0 1 —A 2 — Intlimmm Comments To selec[a goal,drag the� i e oTthe con[a finers abate (1}Well#Aan aged Learning Environment-Strategies are used wM1icM1 result in respecttul scudent-student and scutlent-teacM1er Applying (Z}WeI1JAanaged Learning Environment-Stramgies are used wM1icM1 result in scudenmPallowing classroom expectations and developing Effective Date:March 2018 SBR 6A-5.030 Form IEST 2018 22 Final Scoring Examples Grade 2 or 91h Grade ELA Unsatisfactory Highly Effective TFET 1.26 Unsatisfactory TFET 2.85 Effective DPP 1.00 Unsatisfactory DPP 3.00 Effective Growth 1.00 Unsatisfactory Growth 4.00 Highly Effective FINAL SCORE 1.09 Unsatisfactory FINAL SCORE 3.34 Highly Effective Example instructor summary page: REPORTING i Da5hW" REPORT A[ade=C 501001 rear:2017.2018 C-- Oele Cr ea[ed:Monday,August 27.2018 C—p.nent Score Year end TFET 3..i Deliperate PraCtite PiOn �.... Studwn P.rlormance Scorn IP Score C—W rather EvaFuao-.n System Score rP S[ore tbMa*SPS S[are(a0%) Scaring Legend Highly Effecnvr Effe0tive Developing VnsaliSTa(10rp Searing Rangv: Scaring Rang.: searing Rang.: Se nr i n8 Range: 3AO to 4.00 2.00 to 3.39 1.50 to 1.99 0.75 to 1,49 *The screenshot shown is from a prior year, the final scoring legend will reflect the 2018-19 scale. Effective Date:March 2018 SBR 6A-5.030 Form IEST 2018 A IN VA Eel = I _L'T 101Z71 OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Ronald J. Wasson DATE: November 1, 2019 SUBJECT: Motion Adopting the Don Soffer Aventura High School Standard Operating Procedure (Active Assailant/Shooter) November 5, 2019 City Commission Meeting Agenda Item 6 RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Board of Directors for the Don Soffer Aventura High School, approve the following motion: "Motion adopting the Don Soffer Aventura High School Standard Operating Procedure (Active Assailant/Shooter)." BACKGROUND As Governing Board of Don Soffer Aventura High School, you are required to approve the Active Shooter Standard Operation Procedures. These procedures are required per Executive Order 19-45 "Ensuring the Safety of Our Children in Our Schools" following the tragic events which took place at Marjory Stoneman Douglas High School In Parkland, Florida. As the City of Aventura has always been dedicated to the safety of the children in the City of Aventura, this plan will be submitted to the Miami -Dade District Charter School Office for compliance with this legal requirement. If you have any questions, please contact me. CITY OF AVENTURA FINANCE DEPARTMENT MEMORANDUM TO: City Commission FROM: Ronald J. Wasson, City Manager BY: Brian K. Raducci, Finance Director DATE: November 1, 2019 SUBJECT: End of Year Budget Amending Ordinance — FY 2018/19 1St Reading November 5, 2019 City Commission Meeting Agenda Item 2nd Reading January _, 2020 City Commission Meeting Agenda Item RECOMMENDATION It is recommended that the City Commission approve the attached ordinance amending the FY 2018/19 budget. BACKGROUND At this time of year, the Finance Department is preparing the City's financial records for the FY 2018/19 year-end audit. Now that most of our year-end adjustments have been made, we have the necessary information to formally amend the FY 2018/19 budget. This "clean up" amendment is a normal part of our year-end fiscal operations and is prepared to ensure that the "final" adopted budget contains sufficient appropriations to satisfy all of our actual expenditures. In order to comply with Section 166.241 (4) of the Florida Statutes, the related ordinance will appear on the November 2019 and January 2020 agendas. Although this Section requires all budget amendments be made "within 60 days following the end of the fiscal year," the second reading of the ordinance (as is consistent with past practice) will not occur until January 2020 as there is no December meeting. The ordinance however will appear on first reading prior to the November 29, 2019 deadline. We are only required to amend budgets when a Department's total budget has been exceeded. In some cases, associated revenues may be increased to satisfy the related expenditure overage. Listed below is a summary of the amendments for the City's General Fund, by department and the Police Offduty Services Fund and the underlying circumstances that support each recommendation along with the supporting schedule — Exhibit "A". General Fund — (001) — ($1,579,000 net increase) Legal (0601) — ($120, 000 increase) 3120 — Prof. Services — Legal Requires a $120,000 budget amendment primarily resulting from approximate overages of $20,000 related to the Intersection Safety Camera Program, $20,000 for the School Referendum matter, $33,000 for various Police matters and $7,500 for PBA Negotiations. The balance is comprised of miscellaneous legal matters. This overage will be offset by $20,000 in additional Intersection Safety Camera Program (3542000) and $100,000 in additional Franchise Fee -Electric Revenue (3231000). Community Development (4001) — ($1,200, 000 increase) 3101 — Building Inspection Services Requires a $1,200,000 budget amendment due to higher than anticipated building/development activity experienced during the year which will be offset by additional Building Permit revenue (3221000). Community Services (5001) — ($259, 000 increase) 3113 — Prof. Services - Comm. Cen. Inst. Requires a $129,000 budget amendment due to higher than anticipated participation in Travel Basketball, the After School Program and Teacher Planning Days which will be offset by a combination of $60,000 worth of additional Community Center Fees (3472500) and $69,000 worth of additional Membership & Guest Fees (3473000). 4851 — Cultural/Recreation Programs Requires a $130,000 budget amendment due to higher than anticipated participation in Travel and Recreation Soccer and After School Tennis which will be offset by additional Parks & Recreation Fees (3472000). Police Offduty Services Fund — (620) — ($65,000 net increase) 1420 — Extra Duty Detail Requires a $65,000 budget amendment due to higher than anticipated Extra Duty Details that will be offset by $65,000 in additional Police Detail Billing (3421100). The budget amendments outlined above, are expected to have little to no impact on the FY 2018/19 overall budget or carryover amount that was utilized in the preparation of the FY 2019/20 budget. Based on this analysis, I recommend approval of the attached Ordinance. 2 ORDINANCE NO. 2020 - 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. WHEREAS, upon the periodic review and analysis of current budgetary commitments and obligations, and based upon the projected needs and requirements of the City 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 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. 2018-18, which Ordinance adopted a budget for the 2018/2019 fiscal year, by revising the 2018/2019 budget as set forth on the attached Exhibit "A" which exhibits are deemed incorporated by reference as though set forth in full herein. Section 3. The City Manager is hereby authorized to do all things necessary to carry out the aims of this Ordinance. City of Aventura Ordinance No. 2020 - Section 4. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading and shall be applicable retroactively from and after October 1, 2018. 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. 2020 - PASSED on first reading this 5t" day of November, 2019. PASSED AND ADOPTED on second reading this _ day of January, 2020. MAYOR ENID WEISMAN ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Page 3 of 3 Exhibit A CITY OF AVENTURA GENERAL FUND 001 FY 2018/19 BUDGET AMENDMENT REVENUES )BJECT 2018/19 2018/19 2018/1'. CODE ADOPTED AMENDED REVISE[ NO. CATEGORY RECAP AMOUNT AMOUNT BUDGEI 3221000 Building Permits 3231000 Franchise Fee -Electric 3472000 Parks & Recreation Fees 3472500 Community Center Fees 3473000 Membership & Guest Fees 3542000 Intersection Safety Camera Program Total Revenue TOTAL AMENDMENTS - REVENUE $ 2,250,000 $ 1,200,000 $ 3,450,000 1,425,000 100,000 1,525,000 160,000 130,000 290,000 200,000 60,000 260,000 - 69,000 69,000 1,150,000 20,000 1,170,000 $ 5,185,000 $ 1,579,000 $ 6,764,000 EXPENDITURES $ 1,579,000 )BJECT 2018/19 2018/19 2018/1: CODE ADOPTED AMENDED REVISE[ NO. CATEGORY RECAP AMOUNT AMOUNT BUDGEI $ 300,000 $ 120,000 $ 420,000 $ 300,000 $ 120,000 $ 420,000 $ 1,500,750 $ 1,200,000 $ 2,700,750 $ 1,500,750 $ 1,200,000 $ 2,700,750 $ 110,000 $ 129,000 $ 239,000 110,000 130,000 240,000 $ 220,000 $ 259,000 $ 479,000 $ 1,579,000 CITY OF AVENTURA POLICE OFFDUTY SERVICES FUND 620 FY 2018/19 BUDGET AMENDMENT REVENUES )BJECT 2018/19 2018/19 2018/1'. CODE ADOPTED AMENDED REVISE[ NO. CATEGORY RECAP AMOUNT AMOUNT BUDGEI Charges for Services 3421100 Police Detail Billing $ 450,000 $ 65,000 $ 515,000 Total Revenue $ 450,000 $ 65,000 $ 515,000 TOTAL AMENDMENTS - REVENUE $ 65,000 EXPENDITURES )BJECT 2018/19 2018/19 2018/1'. CODE ADOPTED AMENDED REVISE[ NO. CATEGORY RECAP AMOUNT AMOUNT BUDGEI PERSONAL SERVICES Public Safety 1420 Extra Duty Detail Total Expenditures TOTAL AMENDMENTS - EXPENDITURES $ 450,000 $ 65,000 $ 515,000 $ 450,000 $ 65,000 $ 515,000 $ 65,000 LEGAL (0601) CONTRACTUAL SERVICES 3120 Prof. Services - Legal Total Legal COMMUNITY DEVELOPMENT (4001) CONTRACTUAL SERVICES 3101 Building Inspection Services Total Community Development COMMUNITY SERVICES (5001) CONTRACTUAL SERVICES 3113 Prof. Services - Comm. Cen. Inst. OTHER CHARGES & SERVICES 4851 Cultural/Recreation Programs Total Community Services TOTAL AMENDMENTS - EXPENDITURES $ 300,000 $ 120,000 $ 420,000 $ 300,000 $ 120,000 $ 420,000 $ 1,500,750 $ 1,200,000 $ 2,700,750 $ 1,500,750 $ 1,200,000 $ 2,700,750 $ 110,000 $ 129,000 $ 239,000 110,000 130,000 240,000 $ 220,000 $ 259,000 $ 479,000 $ 1,579,000 CITY OF AVENTURA POLICE OFFDUTY SERVICES FUND 620 FY 2018/19 BUDGET AMENDMENT REVENUES )BJECT 2018/19 2018/19 2018/1'. CODE ADOPTED AMENDED REVISE[ NO. CATEGORY RECAP AMOUNT AMOUNT BUDGEI Charges for Services 3421100 Police Detail Billing $ 450,000 $ 65,000 $ 515,000 Total Revenue $ 450,000 $ 65,000 $ 515,000 TOTAL AMENDMENTS - REVENUE $ 65,000 EXPENDITURES )BJECT 2018/19 2018/19 2018/1'. CODE ADOPTED AMENDED REVISE[ NO. CATEGORY RECAP AMOUNT AMOUNT BUDGEI PERSONAL SERVICES Public Safety 1420 Extra Duty Detail Total Expenditures TOTAL AMENDMENTS - EXPENDITURES $ 450,000 $ 65,000 $ 515,000 $ 450,000 $ 65,000 $ 515,000 $ 65,000