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6-13-2024 ACES and DSAHS Governing Board Meeting Agenda AVENTURA GOVERNING BOARD AVENTURA CITY OF EXCELLENCE SCHOOL AND DON SOFFER AVENTURA HIGH SCHOOL � r DON SOFFEP ' - AVENTURA HIGH SCHOOL REGULAR MEETING AGENDA June 13, 2024 9:00 a.m. Aventura Government Center 19200 W. Country Club Drive • Aventura, FL 33180 51h Floor Executive Conference Room Governing Board AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES) AND THE DON SOFFER AVENTURA HIGH SCHOOL(DSAHS) Mayor Howard S. Weinberg, Esq. Vice Mayor Dr. Linda Marks Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern City Manager Ronald J. Wasson — Governing Board Facilitator City Clerk Ellisa L. Horvath, MMC City Attorneys Weiss Serota Helfman Cole & Bierman Aventura Governing Board Meeting Agenda June 13, 2024 Aventura City of Excellence School and Don Soffer Aventura High School AVENTURA CITY COMMISSION ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES) AND THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): 1. CALL TO ORDER/ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. APPROVAL OF MINUTES • May 16, 2024 Aventura Governing Board Regular Meeting 4. RESOLUTIONS/PUBLIC INPUT: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED MANAGEMENT AGREEMENT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLS USA, AT AVENTURA LLC;AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED MANAGEMENT AGREEMENT FOR THE DON SOFFER AVENTURA HIGH SCHOOL BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLS USA, AT AVENTURA LLC; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. 5. ORDINANCES — SECOND READING/PUBLIC HEARINGS: A. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2024/2025 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. B. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2024/2025 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Page 1 of 2 Aventura Governing Board Meeting Agenda June 13, 2024 Aventura City of Excellence School and Don Soffer Aventura High School 6. APPROVAL OF 2024-2025 SCHOOL CALENDAR FOR ACES AND DSAHS 7. SCHOOL UPDATES: None. 8. OTHER BUSINESS 9. PUBLIC COMMENT 10. ADJOURNMENT This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990,all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City Clerk,(305)466-8901 or cityclerk@cityofaventura.com,not later than two days prior to such proceedings. One or more members of the City of Aventura Advisory Boards may participate in the meeting. Anyone wishing to appeal any decision made by the Aventura City Commission, acting in its capacity as the Governing Board for the Aventura City of Excellence School (ACES) and the Don Soffer Aventura High School (DSAHS),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 are available online at cityofaventura.com for viewing and printing, or may be requested through the Office of the City Clerk at (305) 466-8901 or cityclerk@cityo fventura.com. Page 2 of 2 DON SOFFER ( AVENTURA HIGH SCHOOL AVENTURA GOVERNING BOARD AVENTURA CITY OF EXCELLENCE SCHOOL AND DON SOFFER AVENTURA HIGH SCHOOL REGULAR MEETING MINUTES MAY 16, 2024 9:00 a.m. Aventura Government Center 19200 West Country Club Drive Aventura, FL 33180 Aventura City Commission acting in its capacity as the Governing Board for the Aventura City of Excellence School (ACES) and the Don Soffer Aventura High School (DSAHS): 1. CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Howard Weinberg at 9:17 a.m. The roll was called and the following were present: Mayor Howard S. Weinberg, Vice Mayor Dr. Linda Marks, Commissioner Rachel S. Friedland, Commissioner Billy Joel, Commissioner Paul A. Kruss, Commissioner Michael Stern', City Manager Ronald J. Wasson, City Clerk Ellisa L. Horvath, and City Attorney Robert Meyers. Commissioner Amit Bloom was absent. Also present were ACES Principal Ana Melhuish and Rachel Windler-Freitag — Charter Schools USA Area 2 Florida Deputy Director2. As a quorum was determined to be present, the meeting commenced. 2. PLEDGE OF ALLEGIANCE: The Pledge was done at the City Commission Special Meeting. 3. APPROVAL OF MINUTES: A motion for approval of the April 18, 2024 Aventura Governing Board Regular Meeting Minutes was offered by Commissioner Friedland, seconded by Commissioner Kruss, and passed unanimously by roll call vote. 4. APPROVAL OF REVISED 2024-2025 GOVERNING BOARD MEETING SCHEDULE: Mr. Wasson reviewed the revised schedule with the addition of a meeting on June 13, 2024 in order to accommodate the approval of a new management agreement with Charter Schools USA for both schools and the associated budgets to include that item. A motion for approval was offered by Commissioner Friedland and seconded by Commissioner Joel. 1 Participated via virtual communications media technology. Z Participated via virtual communications media technology. Aventura Governing Board Regular Meeting Minutes Aventura City of Excellence School and Don Soffer Aventura High School May 16, 2024 Ms. Windler-Freitag spoke in favor of the revised calendar. The Commission discussed the item and voiced concern regarding the lateness of the agreement as it related to items that needed to be done for the upcoming school year. Mr. Meyers reported on the business terms that were still being worked out and the ability for the agreement to be effective June 141h, with CSUSA being able to work on what was needed in the meantime. No comments were provided by members of the public. The motion passed unanimously by roll call vote. 5. ORDINANCES — FIRST READING/PUBLIC INPUT: Mrs. Horvath read the following Ordinance title: A. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL (ACES): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2024/2025 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wasson requested that the item be tabled to the June 13, 2024 meeting. A motion to table the item was offered by Commissioner Kruss, seconded by Commissioner Joel, and passed unanimously by roll call vote. Mrs. Horvath read the following Ordinance title: B. AVENTURA CITY COMMISSION, ACTING IN ITS CAPACITY AS THE GOVERNING BOARD FOR THE DON SOFFER AVENTURA HIGH SCHOOL (DSAHS): AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2024/2025 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Wasson requested that the item be tabled to the June 13, 2024 meeting. Page 2 of 4 Aventura Governing Board Regular Meeting Minutes Aventura City of Excellence School and Don Soffer Aventura High School May 16, 2024 A motion to table the item was offered by Commissioner Kruss, seconded by Commissioner Friedland, and passed unanimously by roll call vote. 6. APPROVAL OF 2024-2025 SCHOOL CALENDAR FOR ACES AND DSAHS: Mayor Weinberg introduced the item. A motion for approval was offered by Commissioner Joel and seconded by Commissioner Kruss. Mr. Wasson reviewed the calendars, accompanied by Ms. Windler-Freitag and Principal Melhuish. The City Commission discussed the item including the following: corresponding days off for both schools and working on the October/November/December dates. No comments were provided by members of the public. No action was taken, with input provided for additional changes to be brought back. 7. DISCUSSION: AFFILIATION BETWEEN DSAHS AND THE UNIVERSITY OF FLORIDA: Mayor Weinberg introduced the item and suggested that the high school have an affiliation with the University of Florida, which was a highly ranked public university. The City Commission discussed the item and voiced support in doing so. No comments were provided by members of the public. Consensus was provided to empower Charter Schools USA to look into the possibility of an affiliation with the University of Florida and Don Soffer Aventura High School. 8. SCHOOL UPDATES: • ACES Principal Ana Melhuish: Principal Melhuish provided updates including the following items: testing and preliminary scores, school resource officer, teacher certification, end of year events (graduation, dances, field day, and ceremonies), field trips, pre-survey for electives and 8th graders provided with two options, and curriculum. The City Commission provided input on the items discussed, as well as the following: the continuous request to provide more elective options for 6th and 7th graders as well, the possibility of adding another period to accommodate more electives, and assessing the curriculum to see if time spent on technology, etc. could be adjusted. Ms. Windler-Freitag discussed the mandatory electives, discussions with Mr. Wasson on the possibility of providing seven periods in the 25/26 school year, staffing that would be needed, and biology coming back for 8th graders next year. Page 3 of 4 Aventura Governing Board Regular Meeting Minutes Aventura City of Excellence School and Don Soffer Aventura High School May 16, 2024 Mr. Wasson and Ms. Windler-Freitag will follow up on the items that needed to be addressed. No comments were provided by members of the public. • DSAHS Principal Dr. Geoff McKee: No report was given as Principal Dr. McKee was not in attendance due to testing at the school. 10. OTHER BUSINESS: None. 11. PUBLIC COMMENT: None. 12. ADJOURNMENT: There being no further business to come before the Commission as the Governing Board, a motion to adjourn was offered by Commissioner Joel, seconded by Commissioner Friedland, and unanimously approved; thus, adjourning the meeting at 10.12 a.m. Ellisa L. Horvath, MMC, City Clerk Approved by the City Commission, acting in its capacity as the Governing Board for ACES and DSAHS, on June 13, 2024. Page 4 of 4 CITY OF "ENTURA OFFICE OF CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY: Robert Meyers, Office of City Attorney DATE: June 7, 2024 SUBJECT: Resolution to Approve an Amended Management Agreement for the Aventura City of Excellence School (ACES) June 13, 2024 Aventura Governing Board (ACES) Meeting Agenda RECOMMENDATION It is recommended that the City Commission in its capacity as the Governing Board for the Aventura City of Excellence School ("ACES") approve an amended Management Agreement for ACES between the City of Aventura and Charter Schools USA at Aventura LLC. BACKGROUND The City Commission functions as the Governing Board for the city's two municipal charter schools. In 2002, the City entered into a Management Agreement with Charter Schools USA for the Aventura City of Excellence School. To reflect changes to some of the business terms and to standardize the management agreements for the two charter schools located in the City of Aventura, this Resolution is necessary to accomplish these objectives. This Resolution should have a minimal impact on the City budget. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED MANAGEMENT AGREEMENT FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLS USA, AT AVENTURA LLC; 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 Commission adopted Resolution 2002-40 approving a management agreement for the Aventura Charter Elementary School ("ACES") between the City of Aventura and Charter Schools USA, at Aventura LLC ("CSUSA"); and WHEREAS, the City Commission finds that amending the ACES management agreement establishes uniformity to the greatest extent possible with the terms and conditions of the management agreement approved for the Don Soffer Aventura High School and is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. The City Manager is hereby authorized to execute the attached amended management agreement for the Aventura City of Excellence School between the City of Aventura and Charter Schools USA, at Aventura LLC. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 13t" day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 AMENDED AND RESTATED MANAGEMENT AGREEMENT between CHARTER SCHOOLS USA, at AVENTURA LLC and CITY OF AVENTURA for the AVENTURA CITY OF EXCELLENCE SCHOOL TABLE OF CONTENTS 1. Recitals 2 2. Definitions 2 3. Term 3 4. Charter School 3 5. Services to be Provided by CSUSA 3 6. Responsibilities of the City 11 7. Cooperation 11 8. Additional Mutual Obligations 11 9. Financial Arrangements 12 10. Area Administrator of Aventura K-12 System 13 11. Insurance 13 12. Indemnification 13 13. Default 14 14. Termination of this Agreement 15 15. Transfer of Functions Upon Termination 16 16. Entire Agreement 17 17. Assignments 17 18. Further Assurances 17 19. Relationship of Parties 17 20. Interpretations 17 21. Time of the Essence 17 22. Binding Effect 17 23. Notices 17 24. Headings 18 25. Severability 18 26. Waivers 18 27. Outside Business 19 28. Third Parties 19 29. Jurisdiction and Venue 19 30. Enforcement Costs 19 31. Remedies Cumulative 19 32. Subcontracts 19 33. Counterparts 20 34. Governing Law 20 35. Proprietary Information 20 36. Sale or Transfer of Interest in CSUSA 20 37. Non- Interference Provision 20 38. Audits 20 39. Police/Regulatory Powers 21 40. Addendum to Contract for Services 23 MANAGEMENT AGREEMENT FOR AVENTURA CITY OF EXCELLENCE SCHOOL THIS MANAGEMENT AGREEMENT (the "Agreement") is made and entered into as of the 15 day of June, 2024, by and among CHARTER SCHOOLS USA, AT AVENTURA LLC (CSUSA), a Florida limited liability company, and CITY OF AVENTURA ("CITY"), a Florida municipal corporation. WIT NESSETH: WHEREAS, at the July 3, 2001, City Commission meeting, the Commission approved a Resolution selecting the firm of CSUSA to design, operate and maintain a Charter Elementary School for the CITY; and WHEREAS, the CITY and CSUSA entered into the July 2, 2002 Management Agreement (the " Elementary Agreement") for the Aventura Charter Elementary School to organize, manage, staff, operate and maintain the Charter Elementary School that opened for the 2003-2004 school year; and WHEREAS, in December of 2004 the City and CSUSA agreed to amend the Elementary Agreement with CSUSA, to incorporate the requirements of the Charter and First Amendment (hereinafter referred to as the "Charter, as amended"), add the middle school component and align CSUSA's responsibilities in connection with the Charter School to reflect those it performed at that time.; and, WHEREAS, in April of 2013 the City and CSUSA agreed to extend the Agreement to June 30, 2018; and, WHEREAS, in February 2018 the City and CSUSA agreed to extend the Agreement to June 30, 2018; and, WHEREAS, the current Agreement (the "Current Agreement") with CSUSA expired on June 30, 2024 and both parties wish to extend the Agreement, as restated below, which is in the best interests of the School, in order to continue to provide stability to the teachers and staff and update the Agreement to reflect the current operations; now therefore, IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be a part hereof. 2. Definitions. Wherever used in this Agreement, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2 2.1 Agreement - The written agreement between CITY and CSUSA covering the Services to be performed. 2.2 CITY-The City of Aventura with whom CSUSA has entered into the Agreement and for whom the Services are to be provided. 2.3 City Manager - The City Manager or his/her designee (hereinafter referred to as" City Manager") of the City of Aventura, who has the authority on behalf of the CITY to grant or deny approvals and perform the CITY's responsibilities required by this Agreement. 2.4 CSUSA - Where CSUSA is indicated as the responsible party to perform an obligation pursuant to this Agreement. 2.5 Effective Date of the Agreement -This Agreement shall become effective July 1, 2024. 2.6 Services - Those activities which must be performed in connection with the Charter School as set forth in this Agreement and in accordance with the Charter School Contract ("Charter") with the Miami-Dade County School Board (the "Chartering Entity"'). 2.7 Written Amendment - A written amendment of the Agreement signed by CITY and CSUSA on or after the Effective Date of the Agreement. 3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be contracted with, for the purpose of providing the Services in connection with the Charter School in accordance with the terms of this Agreement. The term of this Agreement shall commence July 1, 2024, and shall continue through June 30, 2029 unless terminated earlier pursuant to the provisions of this Agreement, subject to any further obligations (including payment obligations) of the parties that survive termination. The Agreement shall automatically be extended through the term consistent with the then current Charter provided performance standards are satisfied. Upon the 5th year anniversary and every five years thereafter the parties shall jointly conduct an administrative review with the City Manager. Such review shall include a review of the objective academic results, financial annual audit performance, charter contract compliance, as well as any health, welfare and safety concerns. 4. Charter School. The Charter School is a K-8 school. CSUSA shall perform its responsibilities regarding the Charter School in accordance with the Charter, as amended, and all applicable federal, state, local and Chartering Entity laws, ordinances, rules and regulations. 5. Services to be provided by CSUSA. CSUSA's fees hereunder shall compensate it for the performance of the Services, as further specified herein. Any funds required or expenditures to be made by CSUSA in the performance of these responsibilities shall be substantially in conformance with this Agreement and the approved Charter School Annual Budget (as hereinafter defined). It is the specific intent of the parties that the costs associated with CSUSA's responsibilities (and fees), shall not be shifted from CSUSA into the Charter School's operating budget. Responsibilities of CSUSA shall include, but are not limited to, the following areas: 3 5.1 Education Management 5.1.1 CSUSA shall implement, the education program including the selection of instructional materials, personnel, equipment, technology and supplies for the Charter School. The program approved by the City will reflect the CITYs desire for a rigorous, innovative instructional methods, and a facility design that contemplates an open, flexible learning environment to facilitate the digital native learning styles of 21s' century students. The school is intended to become the premier public school option in the State providing the environment for the student to be fully prepared academically and personally for any college or university challenges. 5.1.2 With input and involvement from the CITY and substantially in compliance with the Charter Application and the Charter, CSUSA shall (a) respond to all requirements of the Charter School process; (b) develop and refine the curriculum and Charter School plan in compliance with all applicable federal, state and local laws, the policies of the Chartering Entity, the requirements of the CITY and the Charter of the Charter School. 5.1.3 Ensure a viable assessment program for mapping student progress and provide for the administration of all tests/assessments to the students, including state-required or Chartering Entity standard tests/assessments provided to the Charter School by or through the Chartering Entity,that are required by or associated with CSUSA's curriculum, educational programs, the School Improvement Plan, or other reporting or evaluation requirements. CSUSA shall ensure that Charter School personnel are provided with appropriate training on test security and test administration policies and procedures. 5.1.4 Make every reasonable effort to ensure that student performance increases from year to year, assess the possible reasons for such performance and take all reasonable steps to enable the students to continually progress and improve their academic performance. CSUSA shall be required to meet or exceed all performance criteria as set forth in this Agreement and perform to the satisfaction of the CITY. 5.1.5 CSUSA shall continue to use best efforts for the School to maintain its "A" rated school according to DOE standard measurement. The School shall comply with appropriate guidelines and rules regarding class size, if any. 5.2 Operations Management. 5.2.1 Contract Administration. CSUSA shall coordinate, negotiate and administer those contracts for necessary uses or services to be performed or provided by third parties including cafeteria management services, janitorial services, building maintenance and transportation, and which must be entered into by the Charter School during the term of this Agreement to ensure the efficient operation of the Charter School. Said contracts shall comply with all applicable federal, State, local and Chartering Entity laws, ordinances, rules and regulations. 5.2.2 Management Information Systems. CSUSA shall coordinate in designing, ordering, purchasing, installing and implementing an MIS system consistent with the Charter School's purpose and goals and in accordance with established budgets. 4 This shall also include business applications that meet, on an ongoing basis, any and all Federal, State, County, CITY, or Chartering Entity reporting mandates, applicable for the Charter School or the CITY. At a minimum these business applications shall include: Cash Receipts, Records Management, Payroll/Personnel, General Ledger, Purchasing, Accounts Payable, Accounts Receivable/Billing, Fixed Assets, Admissions, Scheduling, Registration, Records, and Reporting. The City Manager or his/her designee, with reasonable notice to CSUSA and except as provided for in Chapter 119, F.S., shall have full and unlimited access to the MIS system with assistance from a representative of CSUSA. Upon termination of this Agreement, all hardware, software, business applications (including password and configuration information)and other intellectual property purchased by the CITY shall remain the property of the CITY. The MIS system shall be and remain the property of the CITY, except as proprietary to CSUSA as set forth in this Agreement. CSUSA shall be responsible for the design, development, implementation and maintenance of the Charter School's web site. The CITY shall have the right to link the Charter School's web site to the CITY's website. 5.2.3 Facilities Development and Construction Oversight. Implementing CSUSA's unique and significant experience, CSUSA management services shall also include assistance by CSUSA, and/or any affiliated entity, with the development, construction oversight of any K-12 charter school facility in the CITY for which CITY controls such school's charter. The specific development, oversite services include: 5.2.3.1. Oversee the planning and development of the Charter School facility and in connection therewith shall obtain proposals and engage, or cause to be engaged, professionals (i.e., contractors, architects, consultants, engineers, surveyors, etc.) to perform due diligence, entitlement, planning and design work required in connection with the Project. 5.2.3.2. Assist in obtaining financing for the redevelopment, development, renovation and construction, as applicable, of the Charter School facility and in connection therewith agreements may be negotiated and entered into by CITY for the funding or financing for the redevelopment, development, renovations and construction, as applicable, anticipated pursuant to the Project. 5.2.3.3. Oversee the development, renovation and construction, as applicable, of the Charter School facility to ensure that the Project meets the needs of and is in compliance with the CITY's educational program. 5.2.3.4. Provision of Development Services becomes null and void should CITY not be able to fund the redevelopment, development, renovations and construction, as applicable, anticipated in this Agreement. 5.2.4 Books and Supplies. CSUSA shall be responsible for obtaining, ordering and purchasing the instructional licenses, books and supplies to be utilized in or by the Charter School in accordance with established school budgets. 5.2.5. Cafeteria Management and Food Service. CSUSA shall be responsible for contracting, with public or private entities or individuals forthe provision of food service and shall provide management services for the Charter School's cafeteria which enables the Charter School to comply with all applicable federal, state, local and Chartering Entity, laws, ordinances, rules, and regulations, and the Charter, as amended, regarding the provision of food service to all students attending the Charter School. The costs 5 associated with such service shall be included in the approved Charter School Annual Budget and paid for from the Charter School Fund. CSUSA shall serve as the Food Service Sponsor as defined by the Florida Department of Education (DOE) for the purpose of filing an application with the DOE to participate in the National School Lunch Program (NSLP). Once approved, the Food Service Sponsor shall ensure that all federal guidelines and procedures are followed with regard to the administration of NSLP as outlined by the United States Department of Agriculture and DOE. The Food Service Sponsor shall appoint a designee to be responsible for maintaining student applications and processing monthly reimbursements through the DOE. CSUSA shall prepare the NSLP application and distribution of student applications. CSUSA shall collect the data to be provided in accordance with NSLP policy and procedure. 5.2.6 School Uniform Procurement Services. CSUSA shall be responsible for contracting, with public or private entities or individuals for the purpose of providing student uniforms to be purchased by students in conformance with the criteria established by the Charter School. 5.2.7 Transportation. CSUSA shall be responsible for contracting, with public or private entities or individuals for the provision of transportation, in accordance with the policies established by the Governing Board. Such policies may include cameras within buses and such other technology as reasonably required. The costs associated with such services shall be included in the approved Charter School Annual Budget and paid for from the Charter School Fund. 5.2.8 Public Relations; Fund Raising Activities; Legal and Legislative Lobbying. 6.2.8.1 Public Relations. CSUSA shall coordinate, cooperate and work with the CITY as to all official public relations for the Charter School including, without limitation, community outreach, press releases and media relations. All media relations initiated by CSUSA, including press releases, shall require the prior written approval of the City Manager. Press releases shall contain the name of the CITY and its seal as designated by the City Manager. Where media contact to CSUSA is not initiated by CSUSA, CSUSA shall notify the City Manager. CSUSA shall exclusively draft and prepare urgent and emergency communication to Charter School families. 6.2.8.2 Fund Raising Activities. CSUSA shall be responsible for fund raising activities on behalf of the Charter School, during the term of this Agreement, and CSUSA and the CITY shall coordinate and cooperate with such fund raising efforts. 6.2.8.3 Legal and Legislative Lobbying. CSUSA in coordination with the City Manager shall coordinate any and all legal and lobbying services necessary for the School, in accordance with policies established by the Governing Board. The costs associated with such services shall be included in the approved Charter School Annual Budget and paid for from the Charter School Fund. 5.2.9 Personnel Administration. CSUSA shall recruit and employ sufficient qualified personnel to operate the Charter School (as is necessary and appropriate during the Term of this Agreement), including without limitation, administrators, teachers, clerical, cafeteria, and other staff to enable CSUSA to operate the Charter 6 School in conformance with the Charter Application and Charter. Expenses of such administration shall be in accordance with the approved School budget, consistent with City approved education program and the Charter. In the event of a vacancy, CSUSA shall also recruit qualified personnel for the Charter School Principal. CSUSA shall consult with the City Manager during the hiring process of any principal for the Charter School. The parties agree that the Charter School Principal shall be accountable to CSUSA for the day to day operations of the Charter School and for carrying out the mission of the Charter School, Charter Application and the Charter. The Principal, at all times, shall act in the best interest of the Charter School. CSUSA shall provide such other personnel as CSUSA, in its sole judgment, determines is necessary to properly operate the Charter School. CSUSA shall determine, in its sole discretion, the benefits that will be provided to such personnel and shall administer the provision of such benefits. In order to attract and compensate teachers and administrators necessary to achieve the performance criteria set forth in this Agreement, teacher/employee pay plans shall be jointly developed by the CITY and CSUSA. Any and all employment agreements shall provide for the immediate assignably to the CITY at its option in the event that this Agreement is terminated as provided herein. The parties acknowledge that the school personnel are crucial to the operation of the school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude personnel from working their required and designated days and hours.Additionally, CSUSA shall use its best efforts to prevent work stoppages caused by the absence of school personnel. The parties further acknowledge that the CITY shall be irreparably harmed should school personnel fail to work their required and designated days and hours for such reasons as labor and/or economic disputes. In the event of such work stoppages, the CITY shall be entitled to seek any available legal or equitable remedies, including, but not limited to, injunctive relief from a court of appropriate jurisdiction, to best protect the interests of the CITY incident to its obligation to provide education for the students of the Charter School. CSUSA shall ensure that all personnel that it employs for the Charter School are subject to the terms of this paragraph. 5.2.10 Payroll Administration. Pursuant to the established school budget, CSUSA shall prepare, maintain, administer, and report all payroll of CSUSA's employees hired to work at the Charter School, including, without limitation, processing and issuing all checks, maintaining all reports and payroll records and filing all necessary forms and returns, including worker's compensation compliance, unemployment insurance compliance, withholding and social security taxes and all tax and other forms relating to employment as may be required by any federal, state, Chartering Entity or municipal authority during the term of this Agreement. All payroll and other financial or operational records for the Charter School shall be segregated and separated from all other CSUSA payroll records and shall be reported in a manner allowing the payroll costs to be traced directly to the financial expenditures of the Charter School. CSUSA shall deposit such payroll taxes as may be required by the Internal Revenue Service for the payment of payroll taxes for the employees referenced herein. All penalties incurred by reason of late filing, failure to file or failure to pay shall be borne by CSUSA and shall be the sole obligation and responsibility of CSUSA. CSUSA shall be responsible for submitting to the CITY reimbursement for CSUSA employees employed at the Charter School in a form acceptable to both parties. 5.2.11 Student Recruitment Registration and Enrollment. 6.2.11.1 CSUSA shall conduct marketing, public relations and recruitment efforts throughout the CITY in order to attract a sufficient pool of 7 applicants to achieve and maintain the targeted student population of the Charter School. Such efforts will include informational meetings to inform interested parents of the educational programs offered by the Charter School, the registration process and required contractual obligations. 5.2.11.2 CSUSA shall be responsible for conducting the enrollment and registration processes of the Charter School, including but not limited to processing of applications, and shall ensure that the Charter School's enrollment and registration processes are in compliance with Florida Statutes, Governing Board polices, Charter Application and the Charter, as amended. As permitted by Florida Statutes, CSUSA will give preference to children of CITY residents as defined by the CITY. 5.2.11.3 CSUSA shall be responsible for conducting any lotteries, and shall ensure that the Charter School's lottery processes are in compliance with Florida Statutes, Governing Board policies, the Charter Application and the Charter, as amended. As permitted by Florida Statutes, Charter School will give preference to children of CITY residents as defined by the CITY. 5.2.12. Annual Budget. CSUSA shall prepare and submit to the CITY a detailed annual budget by April 1 of each year. The budget shall include, as appropriate,the total number of student stations for the upcoming academic year, staffing requirements, all capital purchase requests, lease/debt repayments and/or cash loans required, operating revenues and operating expenditures for the school year as well as school expenses and costs for specific services provided in Section 5 herein. The Annual Budget shall be consistent with and funded based upon the approved teacher/employee pay plan as referenced in paragraph 5.2.9 above. The Charter School Annual Budget shall be reviewed and modified, as necessary, by the City Manager. The parties shall work cooperatively together on any and all budgetary matters and issues prior to the submission of the proposed budget to the Aventura City Commission. The parties agree that it is the intent of this provision that they jointly prepare and submit a balanced budget and that any and all budgetary issues and matters are resolved between CSUSA and the City Manager prior to the Aventura City Commission's review and consideration of same. The final agreed proposed Charter School Annual Budget shall be submitted to the Aventura City Commission for approval no later than May 15 of each year. CSUSA is responsible for and shall maintain a balanced financial budget at all times during the term of this Agreement. CSUSA shall ensure that the Charter School Annual Budget is submitted to the Chartering Entity in a timely manner consistent with the Charter. CSUSA shall operate within its approved Charter School Annual Budget, as approved by the Aventura City Commission. Budget amendments shall be processed in accordance with current CITY procedures in conjunction with the City Manager. The City Manager shall have final approval to forward any budget amendments to the City Commission. While the City shall always have the right to subsidize the School in order to support educational programming and other educational opportunities for its students, it is the intent of the Parties to reduce and eliminate the operational subsidy from the City. By the end of the third year of this agreement, CSUS shall present a balanced budget reducing and eliminating the need for a City operational subsidy. 8 6.2.13 Grants. During the term of this Agreement, CSUSA shall actively and aggressively pursue grants and other funding sources and resources subject to the prior written approval of the City Manager for the application of same. For purposes of this section "grants and other funding sources and resources" shall be defined as funds, services or supplies normally associated with the operation and development of a charter school. The CITY and/or CSUSA,with mutual agreement, may apply for and receive grant money in the name of the other party. The CITY and CSUSA shall comply with each other's reasonable requests for information necessary for the preparation of grant applications. 6.2.14 Accounting, Budgeting & Financial Reporting. CSUSA shall perform all accounting, financial management, and reporting functions for the Charter School required by or associated with the Services to be performed by CSUSA, in accordance with the Charter and Generally Accepted Accounting Principles including, without limitation, approving and paying all approved costs of the Charter School, making deposits related to the Charter School, recording amounts due to the Charter School and recording accounts payable. CSUSA shall be responsible for ensuring that the Charter School's accounting records and procedures clearly establish for each asset whether it was purchased with public funds (other than CITY funds) or non-public funds, so that only the appropriate assets will revert to the ownership of the Chartering Entity in the event the Charter is not renewed or is terminated. CSUSA shall not commingle its corporate funds with the funds of the Charter School. CSUSA shall prepare and submit to the CITY monthly financial statements relative to or associated with the Services performed by CSUSA within twenty (20) days after the end of the preceding month. These monthly financial statements shall include a balance sheet and a statement of revenues and expenditures and changes in fund balance reflecting the Charter School's monthly and year-to-date activity for both budget and actual activity. CSUSA shall ensure that financial statements are submitted to the CITY in a timely manner to be incorporated in the overall financial statements for submittal by the CITY to the Chartering Entity in accordance with the Charter. 6.2.16 Audits CSUSA shall accommodate all required audits of the Charter School and shall ensure access to all school records and source documents required by, relative to, or associated with the Services to be performed by CSUSA in a timely manner. The cost of audits required by State Law and the Charter shall be included in the approved Charter School Annual Budget. CSUSA shall ensure that required audits are performed in accordance with the Charter and provided tothe CITY in atimely manner in accordance the time frame established in the Charter. Upon authorization of the Aventura City Commission, CSUSA shall ensure that the annual audit is submitted to the Chartering Entity in a timely manner consistent with the Charter. 6.2.16 Training and Professional Development CSUSA shall be responsible for the training, continuing education and on-going professional development of its educational faculty, including principal, administrators and teachers associated with the Charter School. 6.2.17 Provision of Liaison Services. CSUSA shall designate a member of senior management personnel to be the point of contact for any and all Charter School matters in connection with the performance and expectations contained in the Agreement, Charter and Charter Application.The liaison person shall meet as required by City staff and attend Charter School Advisory Board meetings and requested meetings of the Governing Board, when requested by the City Manager. CSUSA shall support the Charter School Advisory Board meetings and present any necessary reports to or for the 9 Governing Board and School Advisory Board. 6.2.18 Facility Maintenance. CSUSA shall be responsible for custodial services and ordinary repair and maintenance concerning the day-to-day operation of the Charter School, and shall be responsible for all other repair and maintenance, including but not limited to grounds maintenance and maintenance of the physical plant. The costs associated with the Custodial and Day-to-Day Maintenance shall be included in the Charter School Annual Budget and paid for from the Charter School Fund. The CITY reserves the right to use the School facilities for educational and recreational purposes when such facilities are not in use by the Charter School. CITY will coordinate with CSUSA to ensure that no scheduling conflicts arise in the use of the School facilities. The School may use other City facilities when available and shall coordinate use with the City. 6.2.19 Coordination with the Chartering Entity. CSUSA shall be responsible for coordinating any and all activities of the Charter School with the requirements of the Chartering Entity and for complying with all reasonable requests of the Chartering Entity regarding the Charter School. 6.2.20 Monthly Reports. CSUSA shall submit monthly written reports detailing the progress and achievements of the prior month's activities to the City Manager. 6.2.21 Compliance with Applicable Law. CSUSA acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's expertise in the business of organizing, managing, staffing and operating charter schools in the State of Florida and with the Chartering Entity. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, and be responsible forensuring thatthe Charter School complies with all applicable laws, ordinances, rules and regulations. 6.2.22 Records Retention: Public Records. CSUSA shall provide, protect, preserve, and maintain all books, records and related documents of or affecting the Charter School that are not proprietary to CSUSA (the "Public Records"), pursuant to the provisions of Chapter 119, F.S. as amended from time to time. In the event of termination of this Agreement pursuant to Section 13, CSUSA shall deliver any and all Public Records in its possession to the CITY within thirty (30) calendar days of such termination. Further, the Public Records Act Addendum which is attached hereto is hereby incorporated herein. 6.2.23 Parent Activities. CSUSA shall coordinate and oversee all organized parental involvement including the required participation of parents of children enrolled in the Charter School. In addition, CSUSA shall establish and work with any approved parent -teacher organizations for the purpose of furthering the goals of the Charter School. 6. Responsibilities of the City. The CITY shall be responsible for the following: 6.1 City Manager. City Manager shall have general oversight over CSUSA operations and shall work with CSUSA to continually address and support the ongoing success of the Charter School 6.2 Maintenance of Charter. The CITY shall do, or cause to be done, all 10 things necessary to ensure that all legal requirements applicable to the CITY, and all such conditions as may have been imposed on the CITY by the Chartering Entity, are fully complied with at all times. If the CITY or CSUSA shall at any time receive notice from any public authority or other person that the Charter School is or may be in violation of the Charter, the rules of the Chartering Entity or any provision of any applicable law or regulation, the party receiving such notice shall immediately notify the other party of the asserted violation and shall thereafter work diligently together to determine whether such asserted violation in fact exists, to correct any violation found to exist, and vigorously contest the asserted violation if the same is found not to exist. 6.3 The Charter Special Revenue Fund,The City shall maintain a Charter Special Revenue Fund (Charter School Fund) to account for all revenues and expenditures associated with the Charter School. 6.4 Funding For Charter School Costs and Expenses. The CITY shall provide funds, in amounts substantially in conformance with the agreed upon and City Commission approved budget and Charter School Application, to cover costs and expenses associated with the operation of the Charter School. 6.5 Procedure for Payment. In order to receive funds from the CITY pursuant to this Section, CSUSA shall prepare and submit monthly financial statements and invoices to the City Manager, which shall include the fund(s) for which CSUSA is seeking payment, and all of the Charter School's actual expenditures, reported on a modified cash basis of accounting (including but not limited to all capital expenditures). The City Manager shall direct payment from the Charter School Fund to CSUSA for all approved expenditures within fifteen (15) business days of receipt by the CITY of the monthly financial statement and invoices. CSUSA agrees to provide the CITY, within ten (10) business days, source documents, supporting schedules, summaries and explanations as may reasonably be requested by the City Manager from time to time. CSUSA shall immediately reimburse the CITY for any unallowable Charter School expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any Department or Division of the State of Florida or Federal Government. 6.6 Other Activities. The CITY shall, in a timely manner, provide all information and perform all other reasonable activities, in support of CSUSA's efforts, as necessary during the term of this Agreement. 7. Cooperation. The parties shall, in good faith, share all information received from the Chartering Entity so as to comply with mutual obligations herein. Any information, whether written or oral, which is transmitted by the Chartering Entity to the parties shall be shared between the parties promptly. 8. Additional Mutual Obligations. The parties hereto shall actively and diligently coordinate all grant writing, community involvement, responsiveness and response to compliance to all federal, state, and local rules and regulations, and any other operational activities or functions occasioned by the relationship set forth in this Agreement in a concerted effort to meet the goals and objectives established in the Charter School Application. 9. Financial Arrangements. 11 9.1 Revenues. Except as hereinafter provided, all monies received by the CITY shall be deposited in the Charter School's depository account with a financial institution acceptable to the CITY and CSUSA. The signatories on the account shall only be the City Manager or designated CSUSA employees designated by the City Manager. Interest income earned on Charter School depository accounts shall accrue to the Charter School. Except as specifically excluded by the terms of this Agreement, the term "Revenues"shall include all funds received by or on behalf of the Charter School, including but not limited to: 9.1.1 Funding for public school students enrolled in the Charter School. 9.1.2 Special education funding provided by Federal, State and Local Governments to the Charter School that is directly allocable to special education students in the Charter School. 9.1.3 Gifted and Talented funding provided by Federal, State and Local Governments that is directly allocable to Gifted and Talented students in the Charter School. 9.1.4 At-Risk Funding provided by Federal, State and Local Governments to the Charter School that is directly allocable to At-Risk students in the Charter School. 9.1.5 Funding provided by Federal, State and Local Governments to the Charter School that is directly allocable to students in the Charter School with limited English proficiency. 9.1.6 Federal, State and Local grant sources, including Title I and Charter School start-up funds, which is directly allocable to the Charter School. 9.1.7 Grants and donations received by the Charter School (except to the extent CSUSA is not required or involved in soliciting, administering, or managing such grants and/or donations). 9.1.8 Fees charged to students and others for extra services as and to the extent permitted by law (all of the above are hereinafter collectively referred to as the "Revenues"). The Revenues shall be expended by CSUSA in accordance with the approved Budget and as otherwise authorized by the City. The expenditure of Revenues received from governmental entities shall be consistent with all applicable regulations and policies, and in the case of private donations, the directives of the donor where applicable. 9.2 Management Fee. CSUSA shall be paid an annual Management Fee equal to six (6%) percent of Revenue, as defined in 9.1 above, for the 2024-2025 school year; eight (8%) of Revenue for the 2025-2026 school year and ten (10%) percent of Revenue, as defined herein, beginning the 2026-2027 school year and thereafter, through the Term of the agreement. The Fee shall be payable monthly in arrears in substantially equal monthly installments during such year. 9.3 Development Services. In the event the CITY develops a third school 12 site and an associated development and construction budget then CSUSA shall be paid by CITY an amount equal to Five Percent (5%) of the total development costs of the Project for services provided herein in paragraph 5.2.3. CSUSA shall also be reimbursed for Pre- construction Expenses incurred. The Development Services Fee and pre-construction expenses shall be paid by CITY to CSUSA directly from the financing or other legally available funds of CITY, in lump sum, upon substantial completion of the Project; provided, however, CITY shall only be required to pay CSUSA the Fee and pre-construction expenses to the extent that there are sufficient funds from the financing or other legally available funds of CITY to provide for the payment of the Fee and pre-construction expenses. 10. Area Administrator of Aventura K-12 System. As the CITY operates, via CSUSA management, the Charter School and Don Soffer High School charter school, CSUSA shall employ and install a System Leader of Aventura K-12 charter school system beginning the 2025-2026 school year. The Area Administrator will report to CSUSA with input from the City Manager regarding overall performance and city meetings. The Area Administrator will be paid by CSUSA from its Management Fee. 11. Insurance. CSUSA shall maintain comprehensive general liability insurance in the amount of One Million ($1,000,000) Dollars per occurrence and Two Million ($2,000,000) Dollars in the aggregate for personal injury and property damage, combined single limit, occurring in connection with the Charter School. In addition, CSUSA shall maintain workers compensation and employers' liability insurance in the amount of Fifty Thousand ($50,000) Dollars or the minimum amount required by law, including Chapter 440, Florida Statutes, whichever amount is higher. CSUSA shall provide proof of insurance to the City of the types and amounts required by this Agreement, the Charter Application, the Charter or federal, state or local law, during the term of this Agreement, and shall name the City and City's officers, agents and employees as additional insured under the general liability insurance coverage policy. The City intends to provide property insurance coverage for the real property, buildings and contents, which costs shall be charged to the Charter School Fund. 12. Indemnification. 12.1 CSUSA agrees to indemnify, defend with counsel (reasonably acceptable to the CITY) and hold the CITY, and its respective officers, employees, and agents (the "Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of CSUSA or its agents, officers and employees in connection with the Agreement, (b) CSUSA's breach of this Agreement or law, and/or (c) any failure by CSUSA to pay its suppliers, vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 12.2 Subject to the provisions and monetary limitations of F.S. 768.28, F.S., which shall apply regardless of whether said monetary limitations would otherwise apply in the absence of this prov1s1on, the CITY agrees to indemnify, defend with counsel (reasonably acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both 13 the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of the CITY in connection with the Agreement, (b) the CITY's breach of this Agreement or law, and/or (c) any failure by the CITY to pay its vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 12.3 Upon becoming aware of the potential for a claim hereunder, the party seeking indemnification shall notify the other party of the existence of such claim, demand or other action giving rise to a claim for indemnification under this provision (a"Third Party Claim")and shall give such other party a reasonable opportunity to defend the same at its own expense and with its own counsel, provided however that the CITY or CSUSA shall at all times have the right to participate in such defense at its own expense. 12.4 If, within a reasonable amount of time after receipt of notice of a Third Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking indemnification shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment) the Third Party Claim for the account and at the risk and expense of the party responsible for indemnification hereunder. Each party agrees to cooperate and to make available to the other party, such information and assistance as may be reasonably requested in connection with the defense of a Third Party Claim. 13. Default. A default shall be deemed to have occurred for certain events or conditions(each, an "Event of Default"), which include, but are not limited to the following: 13.1 Failure to pay any amount due hereunder within thirty(30)days after written notice that such amount is due; or 13.2 Failureto remedy a material breach of thisAgreement, including, but not limited to, a default in the due and punctual observance or performance of any provision contained herein, within thirty (30) days after written notice to the defaulting party; or 13.3 If CSUSA shall under such law as shall be applicable to it commence any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a receiver, intervenor, conservator or trustee for itself or for any substantial part of its property; or if there shall be commenced against it any such action and the same shall remain un- dismissed; or if by any act it shall indicate its consent to, approval of, or acquiescence in any such proceeding, or the appointment of any receiver, intervener, conservator or trustee for it or any substantial part of its property or shall suffer any of the same to continue undischarged; or if it shall become subject to any intervention whatsoever that shall deprive it of the management of the aggregate of its property or any substantial part thereof; or if it shall wind up or liquidate its affairs or there shall be issued a warrant of attachment, execution, or similar process against any substantial part of its property, and such warrant, execution or process shall remain un-dismissed, unbounded or undischarged for a period of ninety (90) days, this Agreement shall be deemed immediately terminated upon the occurrence of such event; or 13.4 Upon the occurrence of an Event of Default, the non-defaulting party shall be entitled to pursue all remedies available under law or equity, including without 14 limitation, terminating this Agreement in accordance with Section 14. 14. Termination of this Agreement. This Agreement may be terminated by the parties as follows: 14.1 Termination with Cause or for Nonperformance. Upon the occurrence of an Event of Default, the defaulting party shall have an opportunity to cure the alleged default in 30 days from any notice of default. Thereafter, the non-defaulting party shall be entitled to terminate this Agreement with cause or for nonperformance (hereinafter referred to as "Termination with Cause"), prior to the end of the term, with ten (10) days prior written notice. If the grounds of termination relate to the serious health, safety or welfare of students, which present a dangerous risk to students that arise from acts or omission of either party then after a period to remedy such breach which shall not exceed ten days, the non-defaulting party may terminate with seven days written notice. 14.1.1 Upon Termination with Cause, the non-defaulting party may immediately end their performance of obligations or may terminate at the end of the then current school year pursuant to this Agreement and shall have no further obligations or responsibilities to each other as of the date of such termination, including any payment obligations (except reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as otherwise indicated in this Agreement, and the non-defaulting party shall be entitled to pursue all remedies available under law or equity. 14.2 Termination without Cause. This Agreement may be terminated without cause (hereinafter referred to as "Termination without Cause"), as follows: 14.2.1 This Agreement shall terminate at the end of term pursuant to Section 3, unless terminated earlier in accordance with the provisions of Section 14 or as otherwise provided for in this Agreement. 14.2.2 By the CITY, for the termination of Charter School's Charter by the chartering entity. 14.2.3 By the CITY, upon thirty (30)days advanced written notice, due to a change in federal, state or local law, policy, rule or appropriations during the term of this Agreement which would materially impact the ability to operate or maintain the Charter School. Such changes could include, but not be limited to, a charter school capital outlay funds appropriation that is less than the current amount provided by the state, or a modification that would substantially impact the ability to limit the enrollment process to target the children of residents of the CITY. 15. Transfer of Functions Upon Termination. In recognition of the paramount importance of maintaining the integrity and continuing development and operation of the Charter School, in the event this Agreement is terminated pursuant to Section 14 CSUSA agrees to cooperate with the CITY for the transfer, within thirty(30)calendar days of such termination, of the documents which relate to the planning, design, development and operating functions of the Charter School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or an entity selected by the CITY. Such cooperation shall include, but is not limited, to: 15 15.1 Assignment of all employees and employment contracts of the Charter School and the transfer of employee records to the CITY or an entity selected by the CITY. 15.2 Transfer of all student records, then current curriculum programs and class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to the CITY or an entity selected by the CITY. 15.3 Assignment of all contracts or subcontracts, if any, entered into by CSUSA for the Charter School, to the CITY or an entity selected by the CITY, if such contracts are assignable. 15.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all hardware, software, business applications and other intellectual property (with password and configuration information) purchased by CITY. If CSUSA uses software or applications to operate the Charter School that is not owned by CITY or the Charter School, the CITY, at its sole option, may continue to use such software or applications. If the CITY elects to continue to utilize CSUSA software or applications to operate the Charter School, the CITY shall execute a license agreement with CSUSA for the use of the same for a reasonable license fee to be negotiated by the parties. 15.5 Transfer of all property including, but not limited to,furniture, fixtures, equipment, materials,software and hardware acquired forthe Charter School by the CITY and purchased by the CITY or through the use of funds designated for the Charter School, to the CITY or an entity selected by the CITY. 15.6 The delivery of any and all Public Records in CSUSA's possession to the CITY or an entity selected by the CITY. 15.7 Transfer of any and all other information owned by the CITY, or provision of assistance, to ensure the least disruption of the continuing planning, design, development and operation of the Charter School as a result of the termination of this Agreement. 15.8 The provisions of Section 14 shall survive the termination of this Agreement. 16. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings, and representations(if any)made by and between such parties. The provisions of this Agreement may not be amended, supplemented, or waived orally, but only by a writing signed by the parties and making specific reference to this Agreement. The City Manager shall act for City hereunder. 17. Assignments. No party shall assign its rights or obligations hereunder without the prior written consent of the other party to this Agreement, which consent may be withheld by such party in its sole discretion except as otherwise provided for in this agreement. 18. Further Assurances. The parties hereby agree from time to time to execute and deliver such further and other assurances, assignments and documents and do all matters and things that may be convenient or necessary to more effectively and completely 16 carry out the intentions of this Agreement. 19. Relationship of Parties. The relationship between the parties hereto shall be solely as set forth herein and neither party shall be deemed to be an employee, agent, partner, or joint venturer of the other. 20. Interpretations. This Agreement shall not be construed more strictly against one party than against the other merely because it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to its preparation. 21. Time of the Essence. Time of performance by either party of each and every provision or covenant herein contained is of the essence of this Agreement. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, including the production of documents, in compliance with all applicable laws, ordinances, rules and regulations. For the purpose of this Agreement, "timely" shall include a reasonable time for review, consideration, and/or modification by the City Manager, and, whenever deemed necessary by the City Manager, include the appropriate time necessary for submission, consideration and/or approval by the City Commission. 22. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 23. Notices.All notices and other communications required or permitted under this Agreement shall be in writing and given by: 23.1 hand delivery; 23.2 registered or certified mail, return receipt requested; 23.3 overnight courier, or 23.4 facsimile to: If to CSUSA: CHARTER SCHOOLS USA, at AVENTURA LLC 800 Corporate Drive, Suite 700 Fort Lauderdale, Florida 33334 Attention: Mr. Jonathan K. Hage, President Fax: (954) 202-2047 With a copy to: Edward J. Pozzuoli, Esq. Tripp Scott, P.A. 110 S.E. 6th Street, 15th Floor Fort Lauderdale, Florida 33301 Attn: Edward J. Pozzuoli, Esq. Fax: (954) 761-8475 If to the City: City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 17 Fax: (305) 466-8919 With a copy to: Robert Meyers, Esq. Weiss Serota Helfman Cole + Bierman 2255 Glades Rd Ste 200-E Boca Raton, FL 33431-8571 Fax: (954) 764-7700 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: 23.4.1 on the date delivered if by hand delivery or overnight courier, 23.4.2 on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and 23.4.3 on the date of transmission with confirmed answer if by fax. 24. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 26. Severability. If any part of this Agreement or any other agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 26. Waivers. The failure or delay of any party at any time to enforce this Agreement shall not affect such party's right to enforce this Agreement at any other time. Any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any other circumstance. 27. Outside Business. Nothing contained in this Agreement shall be construed to restrict or prevent, in any manner, CSUSA or its representatives or principals from providing services to any third-party similar to the services provided pursuant to this Agreement. 28. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies on any person other than the parties hereto and their respective legal representatives, successors, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give any third person any right to subrogation or action over or against any party to this Agreement. 29. Jurisdiction and Venue. The parties acknowledge that a substantial portion of the negotiations, anticipated performance and execution of this Agreement occurred or 18 shall occur in Miami-Dade County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally: 29.1 agree that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Miami - Dade County or the court of the United States, Southern District of Florida in Miami -Dade County. 29.2 consent to the jurisdiction of each such court in any suit, action, or proceeding; and 29.3 waive any objection which it may have to the laying of venue of any such suit, action, or proceeding in any of such courts. 30. Enforcement Costs. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys' fees (including, without limitation, all pre-trial, trial and appellate proceedings) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 31. Remedies Cumulative. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 32. Subcontracts. CSUSA may subcontract for the performance of any of its responsibilities set forth in this Agreement, subject to notice to the CITY, such notice to indicate if the subcontract will provide for assignment to the CITY in the event of the termination of this Agreement, and the CITY's opportunity to review any and all proposed subcontracts in connection with the performance of the duties, functions, and responsibilities under this Agreement. CSUSA shall be responsible for the management of all subcontractors in the performance of their work. If possible, any and all subcontracts shall include provisions that provide for the assignment of these contracts to the CITY, or an entity of the CITY's selection, should this Agreement with CSUSA be terminated pursuant to the terms herein. 33. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 34. Governing Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws. 35. Proprietary Information. The CITY agrees that CSUSA shall own all copyrighted and other proprietary rights to all instructional materials, training materials, curriculum and lesson plans, or any other materials created and developed by CSUSA, its 19 employees, agents or subcontractors, or by any individual working for or supervised by CSUSA, which is developed during working hours or during time for which the individual is being paid and which is specifically identified by CSUSA in writing as being copyrighted or proprietary. Notwithstanding the same, in the event of expiration or termination of this Agreement, the CITY shall have the right to use such materials during the life of the Charter School provided the CITY pays a reasonable license fee (based upon the then existing market value) to CSUSA; however, the CITY shall have no rights to use such materials beyond the life of the Charter School. The CITY, to the extent permitted by law, shall treat all proprietary information as though it were a trade secret and copyrighted and shall use efforts so as not to disclose, publish, copy, transmit, modify, alter or utilize such proprietary information during the Term of this Agreement or at any time after its expiration. 36. Sale or Transfer of Interest in CSUSA, This Agreement is made by the CITY with CSUSA in its current ownership form. No substantial change in ownership or any other form of control of CSUSA, shall be made without the prior written consent of the CITY, through the City Manager, which consent shall not be unreasonably withheld. 37. Non-Interference Provision. CSUSA shall be accountable to the City Manager and the School Advisory Board. Neither the City Commission nor its members shall give orders or direction to CSUSA, its employees or employees of the School, either publicly of privately. Any and all recommendations regarding the School by Commissioners shall be made solely to and through the City Manager. 38. Audits. The CITY shall have the right, at any time during business hours, at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or cause to be inspected and audited by a certified public accounting firm selected by the CITY, the business records, bookkeeping and accounting records, tax records and returns and other records of CSUSA with respect to this Charter School and this Agreement. CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the foregoing business records are retained by CSUSA following the expiration or earlier termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and make available to the CITY such books and records for a period of six (6) years following the expiration or earlier termination of this Agreement. 39. Police/Regulatory Powers. CITY cannot, and hereby specifically does not, waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may relate to regulations of general applicability which may govern the Charter School and any operations relative thereto. Nothing in this Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with its zoning and land use codes, administrative codes, ordinances, rules and regulations, federal laws and regulations, state laws and regulations, and grant agreements. [SIGNATURES APPEAR ON THE NEXT PAGE] 20 IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in triplicate. One counterpart each has been delivered to CITY and CSUSA. ATTEST: CITY OF AVENTURA, FLORIDA By: By: Ellisa Horvath, MMC City Manager City Clerk APPROVED AS TO FORM: By: City Attorney WITNESSES: CHARTER SCHOOLS USA, AT AVENTURA LLC By: Signature Jonathan K. Hage, President Print Name 21 ADDENDUM TO CONTRACT FOR SERVICES (CITY OF AVENTURA-CSUSA) THIS ADDENDUM to the contract for the provision of services (the"Contract ") is made and entered into effective as of the day of , 2024 by and between, the City of Aventura, Florida, a Florida municipality, whose business address is 19200 W. Country Club Drive, Aventura, Florida 33180 (the "City") and CHARTER SCHOOLS USA, at AVENTURA LLC ("CSUSA") (the"Contractor"). WITNESSETH WHEREAS the City and Contractor previously entered into a Contract for professional, charter school management services to be provided to the City by the Contractor as described in the contract; and WHEREAS, City procurement procedures require that agreements with City contractors require the Contractor to comply with the Public Records Act; and WHEREAS, upon City's request, the Contractor desires to assure the City of Contractor's compliance with the Public Records Act. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, ITIS HEREBY AGREED BY CITY AND CONTRACTOR, AS FOLLOWS: (1) Recitals. The above stated recitals are hereby adopted and confirmed. (2) Public Records Act Compliance. a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. b. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. c. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have 22 been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. d. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. e. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119. Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Public Records ELLISA HORVATH, CITY CLERK Mailing address: 19200 WEST COUNTRY CLUB DRIVE AVENTURA, FL 33180 Telephone number: 305-466-8901 Email: HORVATH E(D-CITYOFAVENTU RA.COM (3) Conflict. In the event that a conflict arises between the provisions of the Agreement and this Addendum, the provisions of the Addendum shall control. [SIGNATURES APPEAR ON THE NEXT PAGE] 23 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Addendum to Contract upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: CITY OF AVENTURA, FLORIDA Approved as to Form and Legal Sufficiency for the City 24 CITY OF "ENTURA OFFICE OF CITY ATTORNEY MEMORANDUM TO: City Commission FROM: Ronald J Wasson, City Manager BY: Robert Meyers, Office of City Attorney ' DATE: June 7, 2024 SUBJECT: Resolution to Approve an Amended Management Agreement for the Don Soffer Aventura High School (DSAHS) June 13, 2024 Aventura Governing Board (DSAHS) Meeting Agenda RECOMMENDATION It is recommended that the City Commission in its capacity as the Governing Board for the Don Soffer Aventura High School ("DSAHS") approve an amended Management Agreement for DSAHS between the City of Aventura and Charter Schools USA, at Aventura LLC. BACKGROUND The City Commission functions as the Governing Board for the city's two municipal charter schools. In 2019, the City entered into a Management Agreement with Charter Schools USA for the Don Soffer Aventura High School. To reflect changes to some of the business terms and to standardize the management agreements for the two charter schools located in the City of Aventura, this Resolution is necessary to accomplish these objectives. This Resolution should have a minimal impact on the City budget. CITY OF AVENTURA RESOLUTION NO. 2024- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDED MANAGEMENT AGREEMENT FOR THE DON SOFFER AVENTURA HIGH SCHOOL BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLS USA, AT AVENTURA LLC; 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 Commission adopted Resolution 2019-21 approving a management agreement for the Don Soffer Aventura High School ("DSAHS") between the City of Aventura and Charter Schools USA, at Aventura LLC ("CSUSA"); and WHEREAS, the City Commission finds that amending the DSAHS management agreement establishes uniformity to the greatest extent possible with the terms and conditions of the management agreement approved for the Aventura City of Excellence School and is in the best interest and welfare of the residents of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. Each of the above-stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. The City Manager is hereby authorized to execute the attached amended management agreement for the Don Soffer Aventura High School between the City of Aventura and Charter Schools USA, at Aventura LLC. Section 3. The City Manager is authorized to do all things necessary to carry out the aims of this Resolution. Section 4. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg City of Aventura Resolution No. 2024- PASSED AND ADOPTED this 13t" day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 2 of 2 AMENDED AND RESTATED MANAGEMENTAGREEMENT between CHARTER SCHOOLS USA, at AVENTURA HIGH SCHOOL, LLC and CITY OF AVENTURA for the DON SOFFER AVENTURA HIGH SCHOOL TABLE OF CONTENTS 1. Recitals 2 2. Definitions 2 3. Term 3 4. Charter School 3 5. Services to be Provided by CSUSA 3 6. Responsibilities of the City 11 7. Cooperation 11 8. Additional Mutual Obligations 11 9. Financial Arrangements 12 10. Area Administrator of Aventura K-12 System 13 11. Insurance 13 12. Indemnification 13 13. Default 14 14. Termination of this Agreement 15 15. Transfer of Functions Upon Termination 16 16. Entire Agreement 17 17. Assignments 17 18. Further Assurances 17 19. Relationship of Parties 17 20. 1 nterpretations 17 21. Time of the Essence 17 22. Binding Effect 17 23. Notices 17 24. Headings 18 25. Severability 18 26. Waivers 18 27. Outside Business 19 28. Third Parties 19 29. Jurisdiction and Venue 19 30. Enforcement Costs 19 31. Remedies Cumulative 19 32. Subcontracts 19 33. Counterparts 20 34. Governing Law 20 35. Proprietary I nformation 20 36. Sale or Transfer of Interest in CSUSA 20 37. Non- Interference Provision 20 38. Audits 20 39. Police/Regulatory Powers 21 40. Addendum to Contract for Services 23 MANAGEMENT AGREEMENT FOR DON SOFFER AVENTURA HIGH SCHOOL THIS MANAGEMENT AGREEMENT (the "Agreement") is made and entered into as of the 15 day of June, 2024, by and among CHARTER SCHOOLS USA AT AVENTURA HIGH SCHOOL, LLC (CSUSA), a Florida limited liability company, and CITY OF AVENTURA ("CITY'), a Florida municipal corporation. WITNESS ETH: WHEREAS, CSUSA and the CITY previously entered into a Planning Agreement to assist in the design and development of a charter school, specifically, the Don Soffer Aventura High School ("High School" or "Charter School") to be located at 3401 N. E. 213th Street, Aventura, Florida; and WHEREAS, the City Commission entered into a Management Agreement (hereinafter referred to as "Agreement") on 2019 with CSUSA to provide for those services necessary to organize, manage, staff, operate and maintain the High School upon the termination of the Planning Agreement; and WHEREAS, the parties Amended and Restated the Agreement on xxx xx, 2023; and WHEREAS, the parties wish to Amend and Restate the Agreement, as restated below, which is in the best interests of the School, in order to continue to provide stability to the teachers and staff and update the Agreement to reflect the current operations; now therefore IN CONSIDERATION of the mutual covenants and undertakings and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties do mutually covenant and agree as follows: 1. Recitals. The recitals set forth above are true and correct and are incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be a part hereof. 2. Definitions. Wherever used in this Agreement, the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 2.1 Agreement - The written agreement between CITY and CSUSA covering the Services to be performed. 2.2 CITY-The City of Aventura with whom CSUSA has entered into the Agreement and for whom the Services are to be provided. 2.3 City Manager - The City Manager or his/her designee (hereinafter referred to as" City Manager") of the City of Aventura, who has the authority on behalf of the 2 CITY to grant or deny approvals and perform the CITY's responsibilities required by this Agreement. 2.4 CSUSA - Where CSUSA is indicated as the responsible party to perform an obligation pursuant to this Agreement. 2.5 Effective Date of the Agreement -This Agreement shall become effective July 1, 2024. 2.6 Services - Those activities which must be performed in connection with the Charter School as set forth in this Agreement and in accordance with the Charter School Contract ("Charter") with the Miami-Dade County School Board (the "Chartering Entity"'). 2.7 Written Amendment - A written amendment of the Agreement signed by CITY and CSUSA on or after the Effective Date of the Agreement. 3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be contracted with, for the purpose of providing the Services in connection with the Charter School in accordance with the terms of this Agreement. The term of this Agreement shall commence July 1, 2024, and shall continue through June 30, 2029 unless terminated earlier pursuant to the provisions of this Agreement, subject to any further obligations (including payment obligations) of the parties that survive termination. The Agreement shall automatically be extended through the term consistent with the then current Charter provided performance standards are satisfied. Upon the 5th year anniversary and every five years thereafter the parties shall jointly conduct an administrative review with the City Manager. Such review shall include a review of the objective academic results, financial annual audit performance, charter contract compliance, as well as any health, welfare and safety concerns. 4. Charter School. The Charter School is a High School. CSUSA shall perform its responsibilities regarding the charter High School in accordance with the Charter, as may be amended, and all applicable federal, state, local and Chartering Entity laws, ordinances, rules and regulations.. 5. Services to be provided by CSUSA. CSUSA's fees hereunder shall compensate it for the performance of the Services, as further specified herein. Any funds required or expenditures to be made by CSUSA in the performance of these responsibilities shall be substantially in conformance with this Agreement and the approved Charter School Annual Budget (as hereinafter defined). It is the specific intent of the parties that the costs associated with CSUSA's responsibilities (and fees), shall not be shifted from CSUSA into the Charter School's operating budget. Responsibilities of CSUSA shall include, but are not limited to, the following areas: 5.1 Education Management 5.1.1 CSUSA shall implement, the education program including the selection of instructional materials, personnel, equipment, technology and supplies for the Charter School. The program approved by the City will reflect the CITYs desire for a rigorous, innovative instructional methods, and a facility design that contemplates an open, flexible learning environment to facilitate the digital native learning styles of 21 st 3 century students. The school is intended to become the premier public school option in the State providing the environment for the student to be fully prepared academically and personally for any college or university challenges. 5.1.2 With input and involvement from the CITY and substantially in compliance with the Charter Application and the Charter, CSUSA shall (a) respond to all requirements of the Charter School process; (b) develop and refine the curriculum and Charter School plan in compliance with all applicable federal, state and local laws, the policies of the Chartering Entity, the requirements of the CITY and the Charter of the Charter School. 5.1.3 Ensure a viable assessment program for mapping student progress and provide for the administration of all tests/assessments to the students, including state-required or Chartering Entity standard tests/assessments provided to the Charter School by or through the Chartering Entity, that are required by or associated with CSUSA's curriculum, educational programs, the School Improvement Plan, or other reporting or evaluation requirements. CSUSA shall ensure that Charter School personnel are provided with appropriate training on test security and test administration policies and procedures. 5.1.4 Make every reasonable effort to ensure that student performance increases from year to year, assess the possible reasons for such performance and take all reasonable steps to enable the students to continually progress and improve their academic performance. CSUSA shall be required to meet or exceed all performance criteria as set forth in this Agreement and perform to the satisfaction of the CITY. 5.1.5 CSUSA shall continue to use best efforts for the School to maintain its "A" rated school according to DOE standard measurement. The School shall comply with appropriate guidelines and rules regarding class size, if any. 5.2 Operations Management. 5.2.1 Contract Administration. CSUSA shall coordinate, negotiate and administer those contracts for necessary uses or services to be performed or provided by third parties including cafeteria management services, janitorial services, building maintenance and transportation, and which must be entered into by the Charter School during the term of this Agreement to ensure the efficient operation of the Charter School. Said contracts shall comply with all applicable federal, State, local and Chartering Entity laws, ordinances, rules and regulations. 5.2.2 Management Information Systems. CSUSA shall coordinate in designing, ordering, purchasing, installing and implementing an MIS system consistent with the Charter School's purpose and goals and in accordance with established budgets. This shall also include business applications that meet, on an ongoing basis, any and all Federal, State, County, CITY, or Chartering Entity reporting mandates, applicable for the Charter School or the CITY. At a minimum these business applications shall include: Cash Receipts, Records Management, Payroll/Personnel, General Ledger, Purchasing, Accounts Payable, Accounts Receivable/Billing, Fixed Assets, Admissions, Scheduling, Registration, Records, and Reporting. The City Manager or his/her designee, with reasonable notice to CSUSA and except as provided for in Chapter 119, F.S., shall have full and unlimited access 4 to the MIS system with assistance from a representative of CSUSA. Upon termination of this Agreement, all hardware, software, business applications (including password and configuration information) and other intellectual property purchased by the CITY shall remain the property of the CITY. The MIS system shall be and remain the property of the CITY, except as proprietary to CSUSA as set forth in this Agreement. CSUSA shall be responsible for the design, development, implementation and maintenance of the Charter School's web site. The CITY shall have the right to link the Charter School's web site to the CITY's website. 5.2.3 Facilities Development and Construction Oversight. Implementing CSUSA's unique and significant experience, CSUSA management services shall also include assistance by CSUSA, and/or any affiliated entity, with the development, construction oversight of any K-12 charter school facility in the CITY for which CITY controls such school's charter. The specific development, oversite services include: 5.2.3.1. Oversee the planning and development of the Charter School facility and in connection therewith shall obtain proposals and engage, or cause to be engaged, professionals (i.e., contractors, architects, consultants, engineers, surveyors, etc.) to perform due diligence, entitlement, planning and design work required in connection with the Project. 5.2.3.2. Assist in obtaining financing for the redevelopment, development, renovation and construction, as applicable, of the Charter School facility and in connection therewith agreements may be negotiated and entered into by CITY for the funding or financing for the redevelopment, development, renovations and construction, as applicable, anticipated pursuant to the Project. 5.2.3.3. Oversee the development, renovation and construction, as applicable, of the Charter School facility to ensure that the Project meets the needs of and is in compliance with the CITY's educational program. 5.2.3.4. Provision of Development Services becomes null and void should CITY not be able to fund the redevelopment, development, renovations and construction, as applicable, anticipated in this Agreement. 5.2.4 Books and Supplies. CSUSA shall be responsible for obtaining, ordering and purchasing the instructional licenses, books and supplies to be utilized in or by the Charter School in accordance with established school budgets. 5.2.5. Cafeteria Management and Food Service. CSUSA shall be responsible for contracting, with public or private entities or individuals for the provision of food service and shall provide management services for the Charter School's cafeteria which enables the Charter School to comply with all applicable federal, state, local and Chartering Entity, laws, ordinances, rules, and regulations, and the Charter, as amended, regarding the provision of food service to all students attending the Charter School. The costs associated with such service shall be included in the approved Charter School Annual Budget and paid for from the Charter School Fund. CSUSA shall serve as the Food Service Sponsor as defined by the Florida Department of Education (DOE) for the purpose of filing an application with the DOE to participate in the National School Lunch Program (NSLP). Once approved, the Food Service Sponsor shall ensure that all federal guidelines and procedures are followed with regard to the administration of NSLP as outlined by the United States Department of Agriculture and DOE. The Food Service Sponsor shall 5 appoint a designee to be responsible for maintaining student applications and processing monthly reimbursements through the DOE. CSUSA shall prepare the NSLP application and distribution of student applications. CSUSA shall collect the data to be provided in accordance with NSLP policy and procedure. 5.2.6 School Uniform Procurement Services. CSUSA shall be responsible for contracting, with public or private entities or individuals for the purpose of providing student uniforms to be purchased by students in conformance with the criteria established by the Charter School. 5.2.7 Transportation. CSUSA shall be responsible for contracting, with public or private entities or individuals for the provision of transportation, in accordance with the policies established by the Governing Board. Such policies may include cameras within buses and such other technology as reasonably required. The costs associated with such services shall be included in the approved Charter School Annual Budget and paid for from the Charter School Fund. 5.2.8 Public Relations; Fund Raising Activities; Legal and Legislative Lobbying. 6.2.8.1 Public Relations. CSUSA shall coordinate, cooperate and work with the CITY as to all official public relations for the Charter School including, without limitation, community outreach, press releases and media relations. All media relations initiated by CSUSA, including press releases, shall require the prior written approval of the City Manager. Press releases shall contain the name of the CITY and its seal as designated by the City Manager. Where media contact to CSUSA is not initiated by CSUSA, CSUSA shall notify the City Manager. CSUSA shall exclusively draft and prepare urgent and emergency communication to Charter School families. 6.2.8.2 Fund Raising Activities. CSUSA shall be responsible for fund raising activities on behalf of the Charter School, during the term of this Agreement, and CSUSA and the CITY shall coordinate and cooperate with such fund raising efforts. 6.2.8.3 Legal and Legislative Lobbying. CSUSA in coordination with the City Manager shall coordinate any and all legal and lobbying services necessary for the School, in accordance with policies established by the Governing Board. The costs associated with such services shall be included in the approved Charter School Annual Budget and paid for from the Charter School Fund. 5.2.9 Personnel Administration. CSUSA shall recruit and employ sufficient qualified personnel to operate the Charter School (as is necessary and appropriate during the Term of this Agreement), including without limitation, administrators, teachers, clerical, cafeteria, and other staff to enable CSUSA to operate the Charter School in conformance with the Charter Application and Charter. Expenses of such administration shall be in accordance with the approved School budget, consistent with City approved education program and the Charter. In the event of a vacancy, CSUSA shall also recruit qualified personnel for the Charter School Principal. CSUSA shall consult with the City Manager during the hiring process of any principal for the Charter School. The parties agree that the Charter School Principal shall be accountable to CSUSA for the day to day operations of the Charter School and for carrying out the mission of the Charter 6 School, Charter Application and the Charter. The Principal, at all times, shall act in the best interest of the Charter School. CSUSA shall provide such other personnel as CSUSA, in its sole judgment, determines is necessary to properly operate the Charter School. CSUSA shall determine, in its sole discretion, the benefits that will be provided to such personnel and shall administer the provision of such benefits. In order to attract and compensate teachers and administrators necessary to achieve the performance criteria set forth in this Agreement, teacher/employee pay plans shall be jointly developed by the CITY and CSUSA. Any and all employment agreements shall provide for the immediate assignably to the CITY at its option in the event that this Agreement is terminated as provided herein. The parties acknowledge that the school personnel are crucial to the operation of the school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude personnel from working their required and designated days and hours.Additionally, CSUSA shall use its best efforts to prevent work stoppages caused by the absence of school personnel. The parties further acknowledge that the CITY shall be irreparably harmed should school personnel fail to work their required and designated days and hours for such reasons as labor and/or economic disputes. In the event of such work stoppages, the CITY shall be entitled to seek any available legal or equitable remedies, including, but not limited to, injunctive relief from a court of appropriate jurisdiction, to best protect the interests of the CITY incident to its obligation to provide education for the students of the Charter School. CSUSA shall ensure that all personnel that it employs for the Charter School are subject to the terms of this paragraph. 5.2.10 Payroll Administration. Pursuant to the established school budget, CSUSA shall prepare, maintain, administer, and report all payroll of CSUSA's employees hired to work at the Charter School, including, without limitation, processing and issuing all checks, maintaining all reports and payroll records and filing all necessary forms and returns, including worker's compensation compliance, unemployment insurance compliance, withholding and social security taxes and all tax and other forms relating to employment as may be required by any federal, state, Chartering Entity or municipal authority during the term of this Agreement. All payroll and other financial or operational records for the Charter School shall be segregated and separated from all other CSUSA payroll records and shall be reported in a manner allowing the payroll costs to be traced directly to the financial expenditures of the Charter School. CSUSA shall deposit such payroll taxes as may be required by the Internal Revenue Service for the payment of payroll taxes for the employees referenced herein. All penalties incurred by reason of late filing, failure to file or failure to pay shall be borne by CSUSA and shall be the sole obligation and responsibility of CSUSA. CSUSA shall be responsible for submitting to the CITY reimbursement for CSUSA employees employed at the Charter School in a form acceptable to both parties. 5.2.11 Student Recruitment Registration and Enrollment. 6.2.11.1 CSUSA shall conduct marketing, public relations and recruitment efforts throughout the CITY in order to attract a sufficient pool of applicants to achieve and maintain the targeted student population of the Charter School. Such efforts will include informational meetings to inform interested parents of the educational programs offered by the Charter School, the registration process and required contractual obligations. 6.2.11.2 CSUSA shall be responsible for conducting the enrollment and registration processes of the Charter School, including but not limited to 7 processing of applications, and shall ensure that the Charter School's enrollment and registration processes are in compliance with Florida Statutes, Governing Board polices, Charter Application and the Charter, as amended. As permitted by Florida Statutes, CSUSA will give preference to children of CITY residents as defined by the CITY. 5.2.11.3 CSUSA shall be responsible for conducting any lotteries, and shall ensure that the Charter School's lottery processes are in compliance with Florida Statutes, Governing Board policies, the Charter Application and the Charter, as amended. As permitted by Florida Statutes, Charter School will give preference to children of CITY residents as defined by the CITY. 5.2.12. Annual Budget. CSUSA shall prepare and submit to the CITY a detailed annual budget by April 1 of each year. The budget shall include, as appropriate,the total number of student stations for the upcoming academic year, staffing requirements, all capital purchase requests, lease/debt repayments and/or cash loans required, operating revenues and operating expenditures for the school year as well as school expenses and costs for specific services provided in Section 5 herein. The Annual Budget shall be consistent with and funded based upon the approved teacher/employee pay plan as referenced in paragraph 5.2.9 above. The Charter School Annual Budget shall be reviewed and modified, as necessary, by the City Manager. The parties shall work cooperatively together on any and all budgetary matters and issues prior to the submission of the proposed budget to the Aventura City Commission. The parties agree that it is the intent of this provision that they jointly prepare and submit a balanced budget and that any and all budgetary issues and matters are resolved between CSUSA and the City Manager prior to the Aventura City Commission's review and consideration of same. The final agreed proposed Charter School Annual Budget shall be submitted to the Aventura City Commission for approval no later than May 15 of each year. CSUSA is responsible for and shall maintain a balanced financial budget at all times during the term of this Agreement. CSUSA shall ensure that the Charter School Annual Budget is submitted to the Chartering Entity in a timely manner consistent with the Charter. CSUSA shall operate within its approved Charter School Annual Budget, as approved by the Aventura City Commission. Budget amendments shall be processed in accordance with current CITY procedures in conjunction with the City Manager. The City Manager shall have final approval to forward any budget amendments to the City Commission. While the City shall always have the right to subsidize the School in order to support educational programming and other educational opportunities for its students, it is the intent of the Parties that the operational subsidy from the City should remain at zero." 5.2.13 Grants. During the term of this Agreement, CSUSA shall actively and aggressively pursue grants and other funding sources and resources subject to the prior written approval of the City Manager for the application of same. For purposes of this section "grants and other funding sources and resources" shall be defined as funds, services or supplies normally associated with the operation and development of a charter school. The CITY and/or CSUSA,with mutual agreement, may apply for and receive grant 8 money in the name of the other party. The CITY and CSUSA shall comply with each other's reasonable requests for information necessary for the preparation of grant applications. 6.2.14 Accounting, Budgeting & Financial Reporting. CSUSA shall perform all accounting, financial management, and reporting functions for the Charter School required by or associated with the Services to be performed by CSUSA, in accordance with the Charter and Generally Accepted Accounting Principles including, without limitation, approving and paying all approved costs of the Charter School, making deposits related to the Charter School, recording amounts due to the Charter School and recording accounts payable. CSUSA shall be responsible for ensuring that the Charter School's accounting records and procedures clearly establish for each asset whether it was purchased with public funds (other than CITY funds) or non-public funds, so that only the appropriate assets will revert to the ownership of the Chartering Entity in the event the Charter is not renewed or is terminated. CSUSA shall not commingle its corporate funds with the funds of the Charter School. CSUSA shall prepare and submit to the CITY monthly financial statements relative to or associated with the Services performed by CSUSA within twenty (20) days after the end of the preceding month. These monthly financial statements shall include a balance sheet and a statement of revenues and expenditures and changes in fund balance reflecting the Charter School's monthly and year-to-date activity for both budget and actual activity. CSUSA shall ensure that financial statements are submitted to the CITY in a timely manner to be incorporated in the overall financial statements for submittal by the CITY to the Chartering Entity in accordance with the Charter. 6.2.16 Audits CSUSA shall accommodate all required audits of the Charter School and shall ensure access to all school records and source documents required by, relative to, or associated with the Services to be performed by CSUSA in a timely manner. The cost of audits required by State Law and the Charter shall be included in the approved Charter School Annual Budget. CSUSA shall ensure that required audits are performed in accordance with the Charter and provided to the CITY in a timely manner in accordance the time frame established in the Charter. Upon authorization of the Aventura City Commission, CSUSA shall ensure that the annual audit is submitted to the Chartering Entity in a timely manner consistent with the Charter. 6.2.16 Training and Professional Development CSUSA shall be responsible for the training, continuing education and on-going professional development of its educational faculty, including principal, administrators and teachers associated with the Charter School. 6.2.17 Provision of Liaison Services. CSUSA shall designate a member of senior management personnel to be the point of contact for any and all Charter School matters in connection with the performance and expectations contained in the Agreement, Charter and Charter Application. The liaison person shall meet as required by City staff and attend Charter School Advisory Board meetings and requested meetings of the Governing Board, when requested by the City Manager. CSUSA shall support the Charter School Advisory Board meetings and present any necessary reports to or for the Governing Board and School Advisory Board. 6.2.18 Facility Maintenance. CSUSA shall be responsible for custodial services and ordinary repair and maintenance concerning the day-to-day operation of the Charter School,and shall be responsible for all other repair and maintenance, including but not limited to grounds maintenance and maintenance of the physical plant. 9 The costs associated with the Custodial and Day-to-Day Maintenance shall be included in the Charter School Annual Budget and paid for from the Charter School Fund. The CITY reserves the right to use the School facilities for educational and recreational purposes when such facilities are not in use by the Charter School. CITY will coordinate with CSUSA to ensure that no scheduling conflicts arise in the use of the School facilities. The School may use other City facilities when available and shall coordinate use with the City. 6.2.19 Coordination with the Chartering Entity. CSUSA shall be responsible for coordinating any and all activities of the Charter School with the requirements of the Chartering Entity and for complying with all reasonable requests of the Chartering Entity regarding the Charter School. 6.2.20 Monthly Reports. CSUSA shall submit monthly written reports detailing the progress and achievements of the prior month's activities to the City Manager. 6.2.21 Compliance with Applicable Law. CSUSA acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's expertise in the business of organizing, managing, staffing and operating charter schools in the State of Florida and with the Chartering Entity. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, and be responsible for ensuring that the Charter School complies with all applicable laws, ordinances, rules and regulations. 6.2.22 Records Retention: Public Records. CSUSA shall provide, protect, preserve, and maintain all books, records and related documents of or affecting the Charter School that are not proprietary to CSUSA (the "Public Records"), pursuant to the provisions of Chapter 119, F.S. as amended from time to time. In the event of termination of this Agreement pursuant to Section 13, CSUSA shall deliver any and all Public Records in its possession to the CITY within thirty (30) calendar days of such termination. Further, the Public Records Act Addendum which is attached hereto is hereby incorporated herein. 6.2.23 Parent Activities. CSUSA shall coordinate and oversee all organized parental involvement including the required participation of parents of children enrolled in the Charter School. In addition, CSUSA shall establish and work with any approved parent -teacher organizations for the purpose of furthering the goals of the Charter School. 6. Responsibilities of the City. The CITY shall be responsible forthe following: 6.1 City Manager. City Manager shall have general oversight over CSUSA operations and shall work with CSUSA to continually address and support the ongoing success of the Charter School 6.2 Maintenance of Charter. The CITY shall do, or cause to be done, all things necessary to ensure that all legal requirements applicable to the CITY, and all such conditions as may have been imposed on the CITY by the Chartering Entity, are fully complied with at all times. If the CITY or CSUSA shall at any time receive notice from any public authority or other person that the Charter School is or may be in violation of the Charter, the rules of the Chartering Entity or any provision of any applicable law or regulation, the party receiving such notice shall immediately notify the other party of the asserted 10 violation and shall thereafter work diligently together to determine whether such asserted violation in fact exists, to correct any violation found to exist, and vigorously contest the asserted violation if the same is found not to exist. 6.3 The Charter Special Revenue Fund,The City shall maintain a Charter Special Revenue Fund (Charter School Fund) to account for all revenues and expenditures associated with the Charter School. 6.4 Funding For Charter School Costs and Expenses. The CITY shall provide funds, in amounts substantially in conformance with the agreed upon and City Commission approved budget and Charter School Application, to cover costs and expenses associated with the operation of the Charter School. 6.5 Procedure for Payment. In order to receive funds from the CITY pursuant to this Section, CSUSA shall prepare and submit monthly financial statements and invoices to the City Manager, which shall include the fund(s) for which CSUSA is seeking payment, and all of the Charter School's actual expenditures, reported on a modified cash basis of accounting (including but not limited to all capital expenditures). The City Manager shall direct payment from the Charter School Fund to CSUSA for all approved expenditures within fifteen (15) business days of receipt by the CITY of the monthly financial statement and invoices. CSUSA agrees to provide the CITY, within ten (10) business days, source documents, supporting schedules, summaries and explanations as may reasonably be requested by the City Manager from time to time. CSUSA shall immediately reimburse the CITY for any unallowable Charter School expenditures as determined by a licensed auditor of the CITY,the Chartering Entity, or any Department or Division of the State of Florida or Federal Government. 6.6 Other Activities. The CITY shall, in a timely manner, provide all information and perform all other reasonable activities, in support of CSUSA's efforts, as necessary during the term of this Agreement. 7. Cooperation. The parties shall, in good faith, share all information received from the Chartering Entity so as to comply with mutual obligations herein. Any information, whether written or oral, which is transmitted by the Chartering Entity to the parties shall be shared between the parties promptly. 8. Additional Mutual Obligations. The parties hereto shall actively and diligently coordinate all grant writing, community involvement, responsiveness and response to compliance to all federal, state, and local rules and regulations, and any other operational activities or functions occasioned by the relationship set forth in this Agreement in a concerted effort to meet the goals and objectives established in the Charter School Application. 9. Financial Arrangements. 9.1 Revenues. Except as hereinafter provided, all monies received by the CITY shall be deposited in the Charter School's depository account with a financial institution acceptable to the CITY and CSUSA. The signatories on the account shall only be the City Manager or designated CSUSA employees designated by the City Manager. Interest income earned on Charter School depository accounts shall accrue to the Charter School. Except as specifically excluded by the terms of this Agreement, the term "Revenues"shall include all funds 11 received by or on behalf of the Charter School, including but not limited to: 9.1.1 Funding for public school students enrolled in the Charter School. 9.1.2 Special education funding provided by Federal, State and Local Governments to the Charter School that is directly allocable to special education students in the Charter School. 9.1.3 Gifted and Talented funding provided by Federal, State and Local Governments that is directly allocable to Gifted and Talented students in the Charter School. 9.1.4 At-Risk Funding provided by Federal, State and Local Governments to the Charter School that is directly allocable to At-Risk students in the Charter School. 9.1.5 Funding provided by Federal, State and Local Governments to the Charter School that is directly allocable to students in the Charter School with limited English proficiency. 9.1.6 Federal, State and Local grant sources, including Title I and Charter School start-up funds, which is directly allocable to the Charter School. 9.1.7 Grants and donations received by the Charter School (except to the extent CSUSA is not required or involved in soliciting, administering, or managing such grants and/or donations). 9.1.8 Fees charged to students and others for extra services as and to the extent permitted by law (all of the above are hereinafter collectively referred to as the "Revenues"). The Revenues shall be expended by CSUSA in accordance with the approved Budget and as otherwise authorized by the City. The expenditure of Revenues received from governmental entities shall be consistent with all applicable regulations and policies, and in the case of private donations, the directives of the donor where applicable. 9.2 Management Fee. CSUSA shall be paid an annual Management Fee equal to six (6%) percent of Revenue, as defined in 9.1 above, for the 2024-2025 school year; eight (8%) of Revenue for the 2025-2026 school year and ten (10%) percent of Revenue, as defined herein, beginning the 2026-2027 school year and thereafter, through the Term of the agreement. The Fee shall be payable monthly in arrears in substantially equal monthly installments during such year. 9.3 Development Services. In the event the CITY develops a third school site and an associated development and construction budget then CSUSA shall be paid by CITY an amount equal to Five Percent (5%) of the total development costs of the Project for services provided herein in paragraph 5.2.3. CSUSA shall also be reimbursed for Pre- construction Expenses incurred. The Development Services Fee and pre-construction expenses shall be paid by CITY to CSUSA directly from the financing or other legally available funds of CITY, in lump sum, upon substantial completion of the Project; provided, 12 however, CITY shall only be required to pay CSUSA the Fee and pre-construction expenses to the extent that there are sufficient funds from the financing or other legally available funds of CITY to provide for the payment of the Fee and pre-construction expenses. 10. Area Administrator of Aventura K-12 System. As the CITY operates, via CSUSA management, the Charter School and Aventura City of Excellence charter school, CSUSA shall employ and install a system leader of Aventura K-12 charter school system beginning the 2025-2026 school year. The Area Administrator will report to CSUSA with input from the City Manager regarding overall performance and city meetings. The Area Administrator will be paid by CSUSA from its Management Fee. 11. Insurance. CSUSA shall maintain comprehensive general liability insurance in the amount of One Million ($1,000,000) Dollars per occurrence and Two Million ($2,000,000) Dollars in the aggregate for personal injury and property damage, combined single limit, occurring in connection with the Charter School. In addition, CSUSA shall maintain workers compensation and employers' liability insurance in the amount of Fifty Thousand ($50,000) Dollars or the minimum amount required by law, including Chapter 440, Florida Statutes, whichever amount is higher. CSUSA shall provide proof of insurance to the City of the types and amounts required by this Agreement, the Charter Application, the Charter or federal, state or local law, during the term of this Agreement, and shall name the City and City's officers, agents and employees as additional insured under the general liability insurance coverage policy. The City intends to provide property insurance coverage for the real property, buildings and contents, which costs shall be charged to the Charter School Fund. 12. Indemnification. 12.1 CSUSA agrees to indemnify, defend with counsel (reasonably acceptable to the CITY) and hold the CITY, and its respective officers, employees, and agents (the "Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of CSUSA or its agents, officers and employees in connection with the Agreement, (b) CSUSA's breach of this Agreement or law, and/or (c) any failure by CSUSA to pay its suppliers, vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 12.2 Subject to the provisions and monetary limitations of F.S. 768.28, F.S., which shall apply regardless of whether said monetary limitations would otherwise apply in the absence of this prov1s1on, the CITY agrees to indemnify, defend with counsel (reasonably acceptable to CSUSA) and hold CSUSA, its officers, employees, and agents (the "CSUSA Indemnified Parties"), harmless from any and all claims, actions, costs, expenses, damages and liabilities, including reasonable attorney's fees and costs at both the trial and appellate levels, arising out of, connected with or resulting from (a) the negligence, intentional wrongful act or misconduct of the CITY in connection with the Agreement, (b) the CITY's breach of this Agreement or law, and/or (c) any failure by the CITY to pay its vendors or contractors. The duty to indemnify will continue in full force and effect notwithstanding the expiration or termination of the Agreement with respect to any claims based on facts or conditions that occurred prior to such expiration or termination. 13 12.3 Upon becoming aware of the potential for a claim hereunder, the party seeking indemnification shall notify the other party of the existence of such claim, demand or other action giving rise to a claim for indemnification under this provision (a"Third Party Claim")and shall give such other party a reasonable opportunity to defend the same at its own expense and with its own counsel, provided however that the CITY or CSUSA shall at all times have the right to participate in such defense at its own expense. 12.4 If,within a reasonable amount of time after receipt of notice of a Third Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking indemnification shall have the right, but not the obligation, to defend and to compromise or settle (exercising reasonable business judgment) the Third Party Claim for the account and at the risk and expense of the party responsible for indemnification hereunder. Each party agrees to cooperate and to make available to the other party, such information and assistance as may be reasonably requested in connection with the defense of a Third Party Claim. 13. Default. A default shall be deemed to have occurred for certain events or conditions(each, an "Event of Default"), which include, but are not limited to the following: 13.1 Failure to pay any amount due hereunder within thirty(30) days after written notice that such amount is due; or 13.2 Failure to remedy a material breach of this Agreement, including, but not limited to, a default in the due and punctual observance or performance of any provision contained herein, within thirty (30) days after written notice to the defaulting party; or 13.3 If CSUSA shall under such law as shall be applicable to it commence any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a receiver, intervenor, conservator or trustee for itself or for any substantial part of its property; or if there shall be commenced against it any such action and the same shall remain un- dismissed; or if by any act it shall indicate its consent to, approval of, or acquiescence in any such proceeding, or the appointment of any receiver, intervener, conservator or trustee for it or any substantial part of its property or shall suffer any of the same to continue undischarged; or if it shall become subject to any intervention whatsoever that shall deprive it of the management of the aggregate of its property or any substantial part thereof; or if it shall wind up or liquidate its affairs or there shall be issued a warrant of attachment, execution, or similar process against any substantial part of its property, and such warrant, execution or process shall remain un-dismissed, unbounded or undischarged for a period of ninety (90) days, this Agreement shall be deemed immediately terminated upon the occurrence of such event; or 13.4 Upon the occurrence of an Event of Default, the non-defaulting party shall be entitled to pursue all remedies available under law or equity, including without limitation, terminating this Agreement in accordance with Section 14. 14. Termination of this Agreement. This Agreement may be terminated by the parties as follows: 14.1 Termination with Cause or for Nonperformance. Upon the occurrence of an Event of Default, the defaulting party shall have an opportunity to cure the 14 alleged default in 30 days from any notice of default. Thereafter, the non-defaulting party shall be entitled to terminate this Agreement with cause or for nonperformance (hereinafter referred to as "Termination with Cause"), prior to the end of the term, with ten (10) days prior written notice. If the grounds of termination relate to the serious health, safety or welfare of students, which present a dangerous risk to students that arise from acts or omission of either party then after a period to remedy such breach which shall not exceed ten days, the non-defaulting party may terminate with seven days written notice. 14.1.1 Upon Termination with Cause, the non-defaulting party may immediately end their performance of obligations or may terminate at the end of the then current school year pursuant to this Agreement and shall have no further obligations or responsibilities to each other as of the date of such termination, including any payment obligations (except reimbursement of authorized expenses incurred by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as otherwise indicated in this Agreement, and the non-defaulting party shall be entitled to pursue all remedies available under law or equity. 14.2 Termination without Cause. This Agreement may be terminated without cause (hereinafter referred to as "Termination without Cause"), as follows: 14.2.1 This Agreement shall terminate at the end of term pursuant to Section 3, unless terminated earlier in accordance with the provisions of Section 14 or as otherwise provided for in this Agreement. 14.2.2 By the CITY, for the termination of Charter School's Charter by the chartering entity. 14.2.3 By the CITY, upon thirty (30) days advanced written notice, due to a change in federal, state or local law, policy, rule or appropriations during the term of this Agreement which would materially impact the ability to operate or maintain the Charter School. Such changes could include, but not be limited to, a charter school capital outlay funds appropriation that is less than the current amount provided by the state, or a modification that would substantially impact the ability to limit the enrollment process to target the children of residents of the CITY. 15. Transfer of Functions Upon Termination. In recognition of the paramount importance of maintaining the integrity and continuing development and operation of the Charter School, in the event this Agreement is terminated pursuant to Section 14 CSUSA agrees to cooperate with the CITY for the transfer, within thirty(30)calendar days of such termination, of the documents which relate to the planning, design, development and operating functions of the Charter School (to the extent such documents are owned by the CITY) from CSUSA to the CITY or an entity selected by the CITY. Such cooperation shall include, but is not limited, to: 15.1 Assignment of all employees and employment contracts of the Charter School and the transfer of employee records to the CITY or an entity selected by the CITY. 15.2 Transfer of all student records, then current curriculum programs and class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to the CITY or an entity selected by the CITY. 15 15.3 Assignment of all contracts or subcontracts, if any, entered into by CSUSA for the Charter School, to the CITY or an entity selected by the CITY, if such contracts are assignable. 15.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all hardware, software, business applications and other intellectual property (with password and configuration information) purchased by CITY. If CSUSA uses software or applications to operate the Charter School that is not owned by CITY or the Charter School, the CITY, at its sole option, may continue to use such software or applications. If the CITY elects to continue to utilize CSUSA software or applications to operate the Charter School, the CITY shall execute a license agreement with CSUSA for the use of the same for a reasonable license fee to be negotiated by the parties. 15.5 Transfer of all property including, but not limited to,furniture, fixtures, equipment, materials,software and hardware acquired for the Charter School by the CITY and purchased by the CITY or through the use of funds designated for the Charter School, to the CITY or an entity selected by the CITY. 15.6 The delivery of any and all Public Records in CSUSA's possession to the CITY or an entity selected by the CITY. 15.7 Transfer of any and all other information owned by the CITY, or provision of assistance, to ensure the least disruption of the continuing planning, design, development and operation of the Charter School as a result of the termination of this Agreement. 15.8 The provisions of Section 14 shall survive the termination of this Agreement. 16. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties with respect to the subject matter hereof, and supersedes all other negotiations, understandings, and representations (if any) made by and between such parties. The provisions of this Agreement may not be amended, supplemented, or waived orally, but only by a writing signed by the parties and making specific reference to this Agreement. The City Manager shall act for City hereunder. 17. Assignments. No party shall assign its rights or obligations hereunder without the prior written consent of the other party to this Agreement, which consent may be withheld by such party in its sole discretion except as otherwise provided for in this agreement. 18. Further Assurances. The parties hereby agree from time to time to execute and deliver such further and other assurances, assignments and documents and do all matters and things that may be convenient or necessary to more effectively and completely carry out the intentions of this Agreement. 19. Relationship of Parties. The relationship between the parties hereto shall be solely as set forth herein and neither party shall be deemed to be an employee, agent, partner, or joint venturer of the other. 16 20. Interpretations. This Agreement shall not be construed more strictly against one party than against the other merely because it may have been prepared by counsel for one of the parties, it being recognized that both parties have contributed substantially and materially to its preparation. 21. Time of the Essence. Time of performance by either party of each and every provision or covenant herein contained is of the essence of this Agreement. CSUSA shall be responsible for ensuring the timely performance of all activities and responsibilities required during the term of this Agreement, including the production of documents, in compliance with all applicable laws, ordinances, rules and regulations. For the purpose of this Agreement, "timely" shall include a reasonable time for review, consideration, and/or modification by the City Manager, and, whenever deemed necessary by the City Manager, include the appropriate time necessary for submission, consideration and/or approval by the City Commission. 22. Binding Effect. All of the terms and provisions of this Agreement, whether so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective legal representatives, successors, and permitted assigns. 23. Notices.All notices and other communications required or permitted under this Agreement shall be in writing and given by: 23.1 hand delivery; 23.2 registered or certified mail, return receipt requested; 23.3 overnight courier, or 23.4 facsimile to: If to CSUSA: Charter Schools USA, at Aventura High School, LLC 800 Corporate Drive, Suite 700 Fort Lauderdale, Florida 33334 Attention: Mr. Jonathan K. Hage, President Fax: (954) 202-2047 With a copy to: Edward J. Pozzuoli, Esq. Tripp Scott, P.A. 110 S.E. 6th Street, 15th Floor Fort Lauderdale, Florida 33301 Attn: Edward J. Pozzuoli, Esq. Fax: (954) 761-8475 If to the City: City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 Fax: (305) 466-8919 With a copy to: Robert Meyers, Esq. Weiss Serota Helfman Cole + Bierman 17 2255 Glades Rd Ste 200-E Boca Raton, FL 33431-8571 Fax: (954) 764-7700 or to such other address as any party may designate by notice complying with the terms of this Section. Each such notice shall be deemed delivered: 23.4.1 on the date delivered if by hand delivery or overnight courier, 23.4.2 on the date upon which the return receipt is signed or delivery is refused or the notice is designated by the postal authorities as not deliverable, as the case may be, if mailed; and 23.4.3 on the date of transmission with confirmed answer if by fax. 24. Headings. The headings contained in this Agreement are for convenience of reference only, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. 26. Severability. If any part of this Agreement or any other agreement entered into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or regulation, such provision shall be inapplicable and deemed omitted to the extent so contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby and shall be given full force and effect so far as possible. 26. Waivers. The failure or delay of any party at any time to enforce this Agreement shall not affect such party's right to enforce this Agreement at any other time. Any waiver by any party of any breach of any provision of this Agreement shall not be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No notice to or demand on any party in any case shall entitle such party to any other or further notice or demand in any other circumstance. 27. Outside Business. Nothing contained in this Agreement shall be construed to restrict or prevent, in any manner, CSUSA or its representatives or principals from providing services to any third-party similar to the services provided pursuant to this Agreement. 28. Third Parties. Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies on any person other than the parties hereto and their respective legal representatives, successors, and permitted assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third person to any party to this Agreement, nor shall any provision give any third person any right to subrogation or action over or against any party to this Agreement. 29. Jurisdiction and Venue. The parties acknowledge that a substantial portion of the negotiations, anticipated performance and execution of this Agreement occurred or shall occur in Miami-Dade County, Florida, and that, therefore, without limiting the jurisdiction or venue of any other federal or state courts, each of the parties irrevocably and unconditionally: 18 29.1 agree that any suit, action or legal proceeding arising out of or relating to this Agreement may be brought in the courts of record of the State of Florida in Miami - Dade County or the court of the United States, Southern District of Florida in Miami -Dade County. 29.2 consent to the jurisdiction of each such court in any suit, action, or proceeding; and 29.3 waive any objection which it may have to the laying of venue of any such suit, action, or proceeding in any of such courts. 30. Enforcement Costs. In the event of any controversy arising under or relating to the interpretation or implementation of this Agreement or any breach thereof, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys' fees (including, without limitation, all pre-trial, trial and appellate proceedings) incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled. 31. Remedies Cumulative. No remedy herein conferred upon any party is intended to be exclusive of any other remedy, and each and every such remedy shall be cumulative and shall be in addition to every other remedy given hereunder or now or hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by any party of any right, power, or remedy hereunder shall preclude any other or further exercise thereof. 32. Subcontracts. CSUSA may subcontract for the performance of any of its responsibilities set forth in this Agreement, subject to notice to the CITY, such notice to indicate if the subcontract will provide for assignment to the CITY in the event of the termination of this Agreement, and the CITY's opportunity to review any and all proposed subcontracts in connection with the performance of the duties, functions, and responsibilities under this Agreement. CSUSA shall be responsible for the management of all subcontractors in the performance of their work. If possible, any and all subcontracts shall include provisions that provide for the assignment of these contracts to the CITY, or an entity of the CITY's selection, should this Agreement with CSUSA be terminated pursuant to the terms herein. 33. Counterparts, This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. 34. Governing Law. This Agreement and all transactions contemplated by this Agreement shall be governed by, construed, and enforced in accordance with the internal laws of the State of Florida, without regard to principles of conflicts of laws. 35. Proprietary Information. The CITY agrees that CSUSA shall own all copyrighted and other proprietary rights to all instructional materials, training materials, curriculum and lesson plans, or any other materials created and developed by CSUSA, its employees, agents or subcontractors, or by any individual working for or supervised by CSUSA, which is developed during working hours or during time for which the individual is being paid and which is specifically identified by CSUSA in writing as being copyrighted or proprietary. Notwithstanding the same, in the event of expiration or termination of this 19 Agreement, the CITY shall have the right to use such materials during the life of the Charter School provided the CITY pays a reasonable license fee (based upon the then existing market value) to CSUSA; however, the CITY shall have no rights to use such materials beyond the life of the Charter School. The CITY, to the extent permitted by law, shall treat all proprietary information as though it were a trade secret and copyrighted and shall use efforts so as not to disclose, publish, copy, transmit, modify, alter or utilize such proprietary information during the Term of this Agreement or at any time after its expiration. 36. Sale or Transfer of Interest in CSUSA_ This Agreement is made by the CITY with CSUSA in its current ownership form. No substantial change in ownership or any other form of control of CSUSA, shall be made without the prior written consent of the CITY, through the City Manager, which consent shall not be unreasonably withheld. 37. Non-Interference Provision. CSUSA shall be accountable to the City Manager and the School Advisory Board. Neither the City Commission nor its members shall give orders or direction to CSUSA, its employees or employees of the School, either publicly of privately. Any and all recommendations regarding the School by Commissioners shall be made solely to and through the City Manager. 38. Audits. The CITY shall have the right, at any time during business hours, at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or cause to be inspected and audited by a certified public accounting firm selected by the CITY, the business records, bookkeeping and accounting records, tax records and returns and other records of CSUSA with respect to this Charter School and this Agreement. CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the foregoing business records are retained by CSUSA following the expiration or earlier termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and make available to the CITY such books and records for a period of six (6) years following the expiration or earlier termination of this Agreement. 39. Police/Regulatory Powers. CITY cannot, and hereby specifically does not, waive or relinquish any of its regulatory approval or enforcement rights and obligations as it may relate to regulations of general applicability which may govern the Charter School and any operations relative thereto. Nothing in this Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with its zoning and land use codes, administrative codes, ordinances, rules and regulations, federal laws and regulations, state laws and regulations, and grant agreements. [SIGNATURES APPEAR ON THE NEXT PAGE] IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in triplicate. One counterpart each has been delivered to CITY and CSUSA. 20 ATTEST: CITY OF AVENTURA, FLORIDA By: By: Ellisa Horvath, MMC City Manager City Clerk APPROVED AS TO FORM: By: City Attorney WITNESSES: CHARTER SCHOOLS USA AT AVENTURA HIGH SCHOOL, LLC By: Signature Jonathan K. Hage, President Print Name 21 ADDENDUM TO CONTRACT FOR SERVICES (CITY OF AVENTURA-CSUSA) THIS ADDENDUM to the contract for the provision of services (the"Contract ") is made and entered into effective as of the day of , 2024 by and between, the City of Aventura, Florida, a Florida municipality, whose business address is 19200 W. Country Club Drive, Aventura, Florida 33180 (the"City") and CHARTER SCHOOLS USA AT AVENTURA HIGH SCHOOL, LLC("CSUSA") (the"Contractor"). WITNESSETH WHEREAS the City and Contractor previously entered into a Contract for professional, charter school management services to be provided to the City by the Contractor as described in the contract; and WHEREAS, City procurement procedures require that agreements with City contractors require the Contractor to comply with the Public Records Act; and WHEREAS, upon City's request, the Contractor desires to assure the City of Contractor's compliance with the Public Records Act. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED AND OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, ITIS HEREBY AGREED BY CITY AND CONTRACTOR, AS FOLLOWS: (1) Recitals. The above stated recitals are hereby adopted and confirmed. (2) Public Records Act Compliance. a. CONTRACTOR agrees to keep and maintain public records in CONTRACTOR's possession or control in connection with CONTRACTOR's performance under this Agreement. CONTRACTOR additionally agrees to comply specifically with the provisions of Section 119.0701, Florida Statutes. CONTRACTOR shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the Agreement, and following completion of the Agreement until the records are transferred to the CITY. b. Upon request from the CITY custodian of public records, CONTRACTOR shall provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law. c. Upon completion of this Agreement or in the event of termination by either party, any and all public records relating to the Agreement in the possession of the CONTRACTOR shall be delivered by the CONTRACTOR to the CITY MANAGER, at no cost to the CITY, within seven (7) days. All such records stored electronically by CONTRACTOR shall be delivered to the CITY in a format that is compatible with the CITY'S information technology systems. Once the public records have 22 been delivered upon completion or termination of this Agreement, the CONTRACTOR shall destroy any and all duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. d. Any compensation due to CONTRACTOR shall be withheld until all records are received as provided herein. e. CONTRACTOR's failure or refusal to comply with the provisions of this section shall result in the immediate termination of this Agreement by the CITY. Section 119. Florida Statutes IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS. Custodian of Public Records ELLISA HORVATH, CITY CLERK Mailing address: 19200 WEST COUNTRY CLUB DRIVE AVENTURA, FL 33180 Telephone number: 305-466-8901 Email: HORVATH E(&CITYOFAVENTU RA.COM (3) Conflict. In the event that a conflict arises between the provisions of the Agreement and this Addendum, the provisions of the Addendum shall control. [SIGNATURES APPEAR ON THE NEXT PAGE] 23 IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this Addendum to Contract upon the terms and conditions above stated on the day and year first above written. CONTRACTOR: CITY OF AVENTURA, FLORIDA Approved as to Form and Legal Sufficiency for the City 24 CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission, acting in its capacity as the Governing Board for the Aventura City of Excellence School (ACES) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: June 7, 2024 SUBJECT: Ordinance Adopting Fiscal Year 2024/2025 Aventura City of Excellence School (ACES) Charter School Fund Budget April 18, 2024 ACES Governing Board Meeting Agenda (First Reading) May 16, 2024 ACES Governing Board Meeting Agenda (Second Reading) June 13, 2024 ACES Governing Board Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Governing Board for ACES, approve the attached Ordinance adopting the 2024/2025 Aventura City of Excellence School (ACES) Charter School Fund Budget. The ACES budget document has been updated from the version that was presented at the April 18, 2024 ACES Governing Board Meeting. All changes are outlined below- - Increased the FTE rate per student Revenue line item from $8,709 to $8,750, increasing revenues by $42,438. - Decreased the City Subsidy Revenue line item by $120,972 from $1,229,524 to $1,108,552. - Decreased Compensation expenditures by $827,140 from $9,683,740 to $8,856,600. - Moved the School Resource Officer from the Personnel line item to the Contracted Security line under Operating Expenditures - $187,322. Memo to City Commission Page 2 - Increased the Management Fee expenditure by $443,203 from $306,000 to $749,203 (6% of Total revenues less the City's Contribution and Billboard Revenue). - Decreased Building Repairs & Maintenance by $40,000 from $198,138 to $158,138. - Increased Computer Service Fees by $158,082 from $0 to $158,082. - The total net change to the budget from first reading to second reading is as stated below: 0 1st Reading Total Budget: $13,793,796 0 2nd Reading Total Budget: $13,715,262 o Net Reduction in Total Budget: $78,534 If you have any questions, please feel free to contact me. Attachment CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2024/2025(JULY 1 —JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2024/2025 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said City of Aventura Ordinance No. 2024- authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and, where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2024 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2024/2025 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 4 City of Aventura Ordinance No. 2024- The foregoing Ordinance was offered by Commissioner Friedland, who moved its adoption on first reading. This motion was seconded by Commissioner Bloom, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Absent Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED on first reading this 18t" day of April, 2024. PASSED AND ADOPTED on second reading this 13t" day of June, 2024. Page 3 of 4 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 4 of 4 AVENTURA OF EXCELLENCE CITY SCHOOL BUDGET FISCAL YEAR 2024/2025 ; � 1 0� AVE,y�G �� � � � ESTAOli5HE0 2003 AV s' FLO��� � � J vow go W.11 r r City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 A ES AGL Board of Directors Mayor Howard S. Weinberg, Esq. Commissioner Amit Bloom Commissioner Rachel S. Friedland, Esq. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson Principal Ana Melhuish Assistant Principals Jorge Paz Stacy Mogull Planning/Management Services Provided by: Charter Schools USA City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 FXCF[ENCE SCK�'- This page has intentionally been left blank City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 Table of Contents Charter School's USA's Budget Message..............................................................................................i-v Comparative Personnel Allocation Summary ....................................................................................iii Full-Time Staff Comparison Chart ..............................................................................................................iv Introduction.............................................................................................................................................................1-5 Organization Chart / Vision Statement...........................................................................................3 Organization and Operations................................................................................................................5 Consolidated Financial Report...............................................................................................................7-10 ACES 1st Reading Budget Submitted ................................................................................................11-34 AdoptingOrdinance...................................................................................................................................35-39 City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 FXCF[ENCE SCK�'- This page has intentionally been left blank MEMORANDUM TO: City Commission/Governing Board Ronald J. Wasson, City Manager FROM: Ana Melhuish, Principal, Aventura City of Excellence School Ayanna Jeffrey, Sr. Accounting Analyst, Charter Schools USA DATE: June 7, 2024 SUBJECT: Proposed 2024/2025 Aventura City of Excellence School Budget Revised In accordance with Article IV, Section 4.05 of the City of Aventura (the "City") Charter, I hereby submit the proposed Budget for the Charter School Fund for the fiscal year beginning July 1, 2024, for your review and consideration. This budget document represents the Aventura City of Excellence School's (the "School") 22nd year of operations. The preparation and formulation of this document was prepared in collaborative effort by CSUSA, including their Sr. Accounting Analyst, staff members from several different divisions, and the ACES Principal. In addition, the budget has been reviewed by the City Manager, Finance Director and Budget Manager. A Governing Board Meeting was held on April 18, 2024 and another Governing Board Meeting will be held on June 13, 2024 to review the proposed budget document in detail. For presentation purposes,the Consolidated Financial Report is presented,followed by the ACES budget submitted on April 18th on 1st reading. The Consolidated Financial Report represents the Proposed FY 2024/2025 ACES budget for 2nd reading however, it differs from the original document as it's a more condensed view of the original ACES budget document. This report displays the proposed budget vs. the budget presented at 1st reading and provides consistency with the format of the DSAHS budget document. Budget Implications Resulting from the Coronavirus("COVID-19") Pandemic For the last four years, COVID-19 has caused major disruption in international and U.S. economies and markets. School operations have returned to a "traditional" environment; however, the pandemic had a significant impact on learning worldwide. In response to this, the US Department of Education awarded funding to states and school districts through the Elementary and Secondary School Emergency Relief (ESSER) Fund to help schools address the negative impact caused by the pandemic. The School utilized this funding to invest in technology, pay additional teachers and staff to ensure students have the resources necessary to help bridge the gap through tutoring, summer learning and after-school programs. ESSER grant related revenue and expenditures are not included in i the FY 2024/25 budget as the funds have been spent in prior fiscal years and are pending final reimbursement from Miami-Dade County. The School expects to receive a portion of ESSER III funds reimbursements beginning in FY 2023/24 with the remainder expected to be received in FY 2024/25. Charter School Fund This fund is used to account for revenues and expenditures specifically earmarked for the City's Charter School (i.e.,operating and capital revenues and expenditures). The total proposed budget for FY 2024/25 is $13,715,262. The following are the major highlights of the 2024/2025 Budget: Revenues - The school budget is based on a projected enrollment of 1,032 students. - FTE revenue is projected to total $9,030,082 and is based on an average of $8,750/student and includes the transportation reimbursement component. - Miami-Dade County Referendum funds are budgeted at $1,495,740. - Florida School Recognition Program Awards (A+ Revenues) are budgeted totaling $180,500. - The Transfers in from the City include $300,000 of revenue generated from the City's Intersection Safety Camera Program and the remainder of $808,552 is included to balance the budget. Expenditures Personnel Services - Total Compensation is budgeted at$8,856,600 or 64.6%of the budget and includes 100 Full-time and 5 Part-time employees as shown in the charts below. Teacher compensation has been increased by 2.5% to reflect the performance pay plan instituted five (5) years ago in accordance with Florida Statute 1012.22, rewarding teachers who are rated developing, effective and highly effective. In addition, teacher compensation includes additional stipends of $1,113,182. A five percent (5%) increase in health insurance costs is budgeted as rate increases are unknown at the time of this letter. ii City of - Aventura City of Excellence School Charter School Fund Fiscal Year 2024/25 Comparative Personnel Allocation Summary 2-Year Presentation 2023/24 2024/25 Function/Job Class Full-Time Part-Time Total Full-Time Part-Time Total K-3 Basic 'Teacher 31.00 31.00 32.00 32.00 Other Certified Instruction Assistant Principal 1.00 1.00 1.00 1.00 ESE Teacher 1.00 1.00 1.00 1.00 Instructional Counselor 1.00 1.00 1.00 1.00 Administrative Assistant 1.00 1.00 1.00 1.00 Hall Monitor 1.00 1.00 2.00 2.00 Teacher Assistant - 7.00 7.00 - 5.00 5.00 Subtotal 36.00 7.00 43.00 38.00 5.00 43.00 4-8 Basic i Teacher 44.00 - 44.00 40.00 - 40.00 Other Certified Instruction Assistant Principal 1.00 1.00 1.00 1.00 Gudiance Counselor - - 1.00 1.00 Math Coach 1.00 1.00 1.00 1.00 Student Engagement Coordinator - - 1.00 1.00 Comm Spec/Instructional Asst. 1.00 1.00 1.00 1.00 Hall Monitors 3.00 3.00 2.00 2.00 Subtotal 50.00 50.00 47.00 47.00 Exceptional Student Program i Teacher 2.00 2.00 3.00 3.00 Other Certified Instruction Dean of Student Services 1.00 1.00 1.00 1.00 Subtotal 3.00 3.00 4.00 4.00 Substitute Teachers 5901 Pool Sub 1.00 1.00 2.00 2.00 Subtotal 1.00 1.00 2.00 2.00 Instructional Media Services ii Media Specialist 1.00 1.00 1.00 1.00 Media Assistant - 1.00 1.00 - - Subtotal 1.00 1.00 2.00 1.00 1.00 School Administration ii Principal 1.00 - 1.00 1.00 1.00 Dean 1.00 1.00 1.00 1.00 Other Support Personnel Administrative Secretary 1.00 1.00 1.00 1.00 Business Manager 1.00 1.00 1.00 1.00 Network/Computer Tech 1.00 1.00 1.00 1.00 Receptionist 2.00 2.00 2.00 2.00 Registrar/Compliance/ESE Support 1.00 1.00 1.00 1.00 School Nurse 1.00 1.00 - - Subtotal 9.00 9.00 8.00 8.00 Operation of Plant 7900 Other Support Personnel School Resource Officer 1.00 1.00 - - Trades Worker III 1.00 1.00 Subtotal 2.00 2.00 Grant Funded Positions(ESSER) Teachers/Administration Support 10.00 2.00 12.00 Subtotal 10.00 2.00 12.00 - - Total 112.00 10.00 122.00 100.00 5.00 105.00 III Full-Time Staff Comparison 120 108 112 100 100 93 94 94 95 96 96 80 60 40 20 0 2016/17 2017/18 2018/19 2019/20 2020/21 2021/22 2022/23 2023/24 2024/25 Operating Expenditures The budgeted operating expenditures total $4,536,912 (33.1%of the proposed budget). This includes the following major items: • CSUSA planning/management fee - $749,203 • Fee to County Board - $176,698 • Computer Service Fees - $158,082 • Contracted Pupil Transportation - $296,000 • Extra-Curricular Activity Events &Transportation - $450,000 • Contracted Food Services - $230,000 • Contracted Custodial Services - $396,500 • Contracted Security - $187,322 • Textbooks & Reference Books - $173,000 • Instructional Licenses - $60,000 • Contracted SPED Instruction - $150,000 • Electricity - $175,000 • Water & Sewer - $65,000 • Repairs and maintenance - $158,138 • Internal Funds - $125,000 • Professional Liability&Other Insurance - $117,300 • Rent Expense $459,000 Capital Outlay A total of $321,750 (2.3% of the proposed budget) is budgeted to provide for technology enhancements that include the replacement of laptops, student tablets, AV equipment, smartboards and network infrastructure. iv Category Amount % Compensation $ 8,856,600 64.6% Professional Seances 1,103,632 8.0% Vendor Seances 1,559,822 11.4% Administrative Expenditures 215,520 1.6% Instructional Expenditures 383,000 2.8% Other Operating Expenditures 542,638 4.0% Internal Funds 125,000 0.9% Fixed Expenditures 148,300 1.1% Rent Expense 459,000 3.3% Capital Outlay 321,750 2.3% Tota 1 $ 13,715,262 100.0% Expenditures by Category Internal Funds Fixed Expenditures Other Operating 0.9% 1.1% Rent Expense Expenditures 3.3% Instructional 4.0% Capital Outlay Expenditures 2.3% 2.8% Administrative Expenditures 1.6% Vendor Services 11.4% Compensation Professional Services 64.6% 8.0% Summary Due to the City Commission's commitment, continued interest and support in planning and conducting the School's financial operations in a responsible and progressive manner, I am able and pleased to submit this detailed budget document. The budget and its related funding levels representing the City's continued commitment to providing a school of excellence for our community under any circumstances. Respectfully submitted, Ana Methuish AyZnna Jeffre Principal, Aventura City of Excellence School Sr. Accounting Analyst, CSUSA v City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 FXCF[ENCE SCK�'- This page has intentionally been left blank vi City of Aventura Aventura City of Excellence School Operating and Capital Budget Fiscal Year 2024/2025 0 0 • fX III rrt HCECSCK�v Introduction 1 City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 FXCF[ENCE SCK�'- This page has intentionally been left blank 2 City of Aventura Aventura City of Excellence School Organization Chart TU k�F IE (F S(W3o' ACES Goveming Board SchoolF- I City Manager Advisory •• Committee SchoolPrincipal Operations Vision Statement To join with our community to become the premier charter school in the nation, where academic excellence coexists with the promotion of innovation and exploration grounded in an atmosphere of social responsibility. 3 City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 FXCF[ENCE SCK�'- This page has intentionally been left blank 4 Organization and Operations The School is a special revenue fund found within the City's financial statements. The School commenced operations in August 2003 in the City and offers classes for kindergarten through eighth grade with a projected enrollment of 1,032 for the 2024/2025 proposed budget. The School is funded from public funds based on enrollment and may be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay.The School can accept private donations and the City can incur debt for its operations. Reporting Entity The School operates under a charter granted by the sponsoring school district,the Miami- Dade County Public School District (the"District").The current charter is effective until June 30, 2033 but provides for a renewal of up to 15 years by mutual agreement of both parties. In 2005, the School amended the charter to include grades sixth through eighth. In 2012, the School amended the charter to increase the School capacity from 972 to 1,032 over five (5) years commencing with fiscal year 2012/13. The School is owned and operated by the City, is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995 and operates under a Commission-Manager form of government. Management Agreement The City has a contract with Charter Schools USA ("CSUSA") for administrative and educational management services for the operations of the School. Total fees projected to be paid to the management company for fiscal year 2024/2025 are $749,203. The current agreement with CSUSA provides an initial term for five (5) years from July 1, 2024 through June 30, 2029. The majority of the other expenditures that are reimbursed by the City to CSUSA relate to the teachers' salaries and benefits. School Advisory Committee("SAC") The Charter School Advisory Committee was established to facilitate the achievement of the School's mission; for its members to serve on the Educational Excellence School Advisory Council ("EESAC") and to provide input to the City Manager and Principal regarding fundraising efforts, school budget and school issues. Members of SAC will be responsible for developing and implementing the School's fundraising projects. This is a working Committee as it relates to school fundraising efforts. The Board consists of five (5) members,each of whom are parents of the School's children, elected by the parents of school children. The representatives will be as follows: • Kindergarten to fourth grade - two (2) representatives • Fifth grade to eighth grade - two (2) representatives • At large kindergarten to eighth grade - one (1) representative 5 City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 FXCF[ENCE SCK�'- This page has intentionally been left blank 6 City of Aventura Aventura City of Excellence School Operating and Capital Budget Fiscal Year 2024/2025 0 0 CNC E N C E C F S CK \%' Consolidated Financial Report City of Aventura Aventura City of Excellence School Charter School Fund Operating and Capital Budget Fiscal Year 2024/2025 FXCF[ENCE SCK�'- This page has intentionally been left blank s 1CITY OF EXCELLENCE SCHOOL PROPOSEDAVENTURA BUDGET(IIST Consolidated Financial Report READING)- - -202501 Variance Variance Enrollment 1032 1032 0 0% FEFP rate per Student $ 8,709 $ 8,750 $ 41 0.47% REVENUE: FTE $ 8,987,644 $ 9,030,082 $ 42,438 0% Capital Outlay 963,888 963,888 - 0% NSLP Revenue(National School Lunch Program) 90,000 90,000 0% Food Service Revenue 140,000 140,000 0% Grants-Federal/State/Local 180,500 180,500 0% Before and Aftercare Revenue 145,000 145,000 0% Miscellaneous Revenues(includes E-Rate Program) 436,500 436,500 0% Internal Funds Revenue 125,000 125,000 0% AP/AI CE - - 0% Referendum Stipends 1,495,740 1,495,740 - 0% Subtotal Operating Revenue $ 12,564,272 $ 12,606,710 $ 42,438 0% Other Non-Revenue City Subsidy* 1,229,524 1,108,552 (120,972) -10% TOTAL REVENUE $ 13,793,796 $ 13,715,262 $ (78,534) -1% EXPENDITURES Administrative Staff Leadership Assistant Principal School Administration Administrative Assistant Receptionist Enrollment Management Guidance Counselor Plant Operation-Salaried IT Support Nurse Subtotal Administrative Staff $ 816,843 $ 590,336 $ 226,507 28% Instruction Staff Teachers(9-12) ESE/Special Education Teachers Subs Subtotal Instructional Staff $ 5,522,144 $ 5,151,144 $ 371,000 7% Bonuses 150,906 150,906 - 0% Stipends 1,278,146 1,113,182 164,964 13% Benefits 1,027,411 981,382 46,029 4% Payroll Taxes 888,290 869,650 18,640 2% Subtotal Other Compensation- Group Insurance, Benefits,and Payroll Taxes $ 3,344,753 $ 3,115,120 $ 229,633 7% Total Compensation $ 9,683,740 $ 8,856,600 T 827,140 9% 9 Consolidated Financial Report READING)- 2024-2025 Variance Variance Professional Services Management Fee $ 306,000 $ 749,203 $ (443,203) -145% Fee to County Board 176,698 176,698 0% Accounting Services-Audit 11,000 11,000 0% Professional Fees-Other 8,650 8,650 0% Computer Services Fees - 158,082 (158,082) 0% Subtotal Professional Services $ 502,348 $ 1,103,632 $ (601,284) -120% Vendor Services Contracted Pupil Transportation $ 296,000 $ 296,000 $ 0% Extra-Curricular Activity Events&Transportation 450,000 450,000 0% Contracted Food Services 230,000 230,000 0% Contacted Custodial Services 396,500 396,500 0% Contracted Security - 187,322 (187,322) 0% Subtotal Vendor Services $ 1,372,500 $ 1,559,822 $ (187,322) -14% Administration Expenditures Travel $ 60,400 $ 60,400 $ 0% Dues&Subscriptions 16,500 16,500 0% Printing 2,520 2,520 0% Office Supplies 136,100 136,100 0% Subtotal Administration Expenditures $ 215,520 $ 215,520 $ 0% Instructional Expenditures Textbooks&Reference Books $ 173,000 $ 173,000 $ 0% Instructional Licenses 60,000 60,000 0% Contracted SPED Instruction 150,000 150,000 0% Subtotal Instructional Expenditures $ 383,000 $ 383,000 $ 0% Other Operating Expenditures Telephone&Internet $ 75,000 $ 75,000 $ 0% Electricity 175,000 175,000 0% Water&Sewer 65,000 65,000 0% Building Repairs&Maintenance 198,138 158,138 40,000 20% Miscellaneous Expenditures 69,500 69,500 - 0% Subtotal Other Operating Expenditures $ 582,638 $ 542,638 $ 40,000 7% Internal Funds Internal Funds Expenditures 125,000 125,000 - 0% Subtotal Internal Funds Expenditures $ 125,000 $ 125,000 $ 0% Fixed Expenditures Office Equipment-Leasing Expenditures $ 31,000 $ 31,000 $ 0% Professional Liability&Other Insurance $ 117,300 $ 117,300 $ 0% Subtotal Fixed Expenditures $ 148,300 $ 148,300 $ 0% Rent Expense $ 459,000 $ 459,000 $ 0% TOTAL OPERATING EXPENDITURES $ 13,472,046 $ 13,393,512 $ 78,534 1% Capital Expenditures Computers-Hardware $ 321,750 $ 321,750 $ - 0% Total Capital Expenditures $ 321,750 $ 321,750 $ - 0% Total Unadjusted Operating and Capital Expenditures $ 13,793,796 $ 13,715,262 $ 78,534 1% Total Adjusted Operating and Capital Expenditures $ 13,793,796 $ 13,715,262 $ 78,534 1% 10 City of Aventura Aventura City of Excellence School Operating and Capital Budget Fiscal Year 2024/2025 0 0 CNC E N C E C F S CK \%' ACES lSt Reading Budget Submitted 11 City of Aventura Aventura City of Excellence School Operating and Capital Budget Fiscal Year 2024/2025 FINTURA X ILLENCECSCKfl "' This page has intentionally been left blank 12 City of Aventura Aventura City of Excellence School Fund - 190 Fiscal Year 2024/25 Budget Category Summary Fund Description This Fund is responsible for the organization, operation and management of the City's Charter School. By focusing on low student teacher ratios, high academic standards and parental participation, the School provides a first-class learning enviornment for the City's children. The School operations are provided in conjunction with a management services contract with Charter Schools USA. 2022/23 2023/24 2023124 2024/25 Actual Adopted Projected City Manager Category Amount Budget 6/30/2024 Proposal State Shared Revenues $ 11,452,491 $ 11,692,408 $ 11,659,069 $ 11,726,772 Charges for Services 287,701 265,000 283,300 285,000 Miscellaneous Income 2,223,798 312,143 487,500 552,500 Other Non-Revenues 150,000 1,081,371 3,363,492 1,229,524 Total Revenues $ 14,113,991 $ 13,350,922 $ 15,793,361 $ 13,793,796 Expenditures K-3 Basic $ 4,389,677 $ 3,602,610 $ 3,929,892 $ 3,698,095 4-8 Basic 5,759,991 4,559,385 5,535,244 4,635,073 Exceptional Student Program 550,762 457,531 498,313 547,077 Substitute Teachers 319,678 232,013 409,450 240,203 Instructional Media Services 84,382 102,991 107,498 106,153 School Administration 1,405,373 1,161,350 1,353,352 1,365,797 Pupil Transit Services 369,709 381,775 465,850 296,000 Operation of Plant 2,309,612 2,260,017 2,600,208 2,583,648 Capital Outlay 342,761 593,250 893,553 321,750 Total Expenditures $ 15,531,946 $ 13,350,922 $ 15,793,361 $ 13,793,796 Revenues over(under) Expenditures $ (1,417,955) $ - $ - $ - Budget Account Summary by Expenditure Function 2022/23 2023/24 2023/24 2024/25 Actual Adopted Projected City Manager Category Amount Budget 6/30/2024 Proposal Personnel Services $ 10,989,476 $ 9,218,763 $ 10,180,319 $ 9,683,740 Operating Expenditures 3,744,860 3,079,709 4,260,739 3,329,306 Other Uses 454,848 459,200 458,750 459,000 Capital Outlay 342,761 593,250 893,553 321,750 Total $ 15,531,946 $ 13,350,922 $ 15,793,361 $ 13,793,796 13 City of - Aventura City of Excellence School Fund-190 Fiscal Year 2024/25 Revenue Projections 2022/23 2023/24 2023/24 2024/25 Account Actual Adopted Projected City Manager # Description Amount Budget 6/30/2024 Proposal State Shared Revenues 3316000 Grant Revenue $ 1,017,082 $ 1,123,136 $ 428,845 $ 3359050 School Lunch Reimbursement 185,794 125,000 90,000 90,000 3359100 Florida Education Finance Program(FEFP) 8,246,642 8,450,682 8,549,125 8,834,894 Florida School Recognition Program 3359201 Awards(A+Revenues) 191,127 190,000 180,651 180,500 3359301 Florida Teacher School Program 31,050 30,000 24,299 24,500 3359302 Referendum Funds 956,738 950,000 1,495,740 1,495,740 3359701 E-Rate Program 17,988 9,000 9,000 9,000 3359800 Transportation 125,580 115,404 116,698 128,250 3359910 Capital Outlay 680,491 699,185 764,712 963,888 Subtotal $ 11,452,491 $ 11,692,408 $ 11,659,069 $ 11,726,772 Charges for Services 3478050 Food Service Fees $ 143,349 $ 125,000 $ 139,300 $ 140,000 3479050 After School Programs 144,352 140,000 144,000 145,000 Subtotal $ 287,701 $ 265,000 $ 283,300 $ 285,000 Miscellaneous Income 3611000 Interest Earnings $ 7,230 $ 3,000 $ - $ - 3661900 Miscellaneous Revenues 89,907 125,000 60,000 125,000 3661910 Sport Program Fundraising 7,473 7,500 7,500 7,500 3661955 Field Trips/Special Programs 144,513 125,000 300,000 300,000 3665000 Other Private Source Revenue 51,643 51,643 120,000 120,000 3691200 Miscellaneous Settlements 1,923,032 - - - Subtotal $ 2,223,798 $ 312,143 $ 487,500 $ 552,500 Other 3811039 Transfers In $ 150,000 $ 1,081,371 $ 3,363,492 $ 1,229,524 3999000 Carryover - - - - Subtotal $ 150,000 $ 1,081,371 $ 3,363,492 $ 1,229,524 Total Revenues $ 14,113,991 $ 13,350,922 $ 15,793,361 $ 13,793,796 14 City of Aventura City of Excellence School Fund-190 Fiscal Year 2024/25 Revenue Projection Rationale Object Code City Manager # Category Proposal2024/25 Comment Money given per meal for students who meet income requirements from the National School Lunch Program.This amount will always vary depending on demand for school-based lunches and qualification for the National School Lunch Program.All revenue under this line item will have a corresponding 3359050 School Lunch Reimbursement $ 90,000 expenditure related to a meal purchase. At the time this document was prepared,the Florida Legislative Session had not approved an increase for Miami-Dade County.The Administration projected revenue total is based on an average of$8,560.94/student.This amount is calculated with data from the most recent FTE invoice. Enrollment of 1,032 students is consistent with the prior year and FTE funds have been Florida Education Finance budgeted with a 2%anticipated increase percentage in comparison to the 3359100 Program(FEFP) 8,834,894 current year per capita as the announced amount is not known yet. Teacher bonuses that Miami-Dade County School Board gives the School based on the schools grading(A, B,C, D&F).ACES has historically been an A school,and as such receives a proportional share of the State Allocation for School Recoginition Funds.These funds are disbursed to staff members based Florida School Recognition on an internal vote,which is approved by the school Educational Excellence 3359201 Program Awards(A+Revenues) 180,500 School Advisory Council(EESAC). Florida Teacher School Teacher supply money given to teachers by the Miami-Dade County School 3359301 Program 24,500 Board 3359302 Referendum Funds 1,495,740 Bonuses paid to teachers based on voted referendum by Miami-Dade County 3359701 E-Rate Program 9,000 Federal program that reimburses Schools for certain internet costs 3359800 Transportation 128,250 This amount is based on 250 students requiring bus service This amount is budgeted with an anticipated increase by 26.05%in comparision to the current year per capita amount and is based on an average of$934/student.This increase is consistent with assumptions being used by 3359910 Capital Outlay 963,888 Miami-Dade County. Capital Outlay includes the following: Local Capital Improvement Revenue-Passed by the Florida Legislature in 2017, HB 7069 requires school districts to give a proportionate share of local capital millage revenue to eligible charter schools operating in their county,with their share determined by the number of students each school enrolls.The law was subject to challenge by 14 school districts in the courts and was upheld by a circuit court in Tallahassee. 3478050 Food Service Fees 140,000 Student fees associated with food service provided by the contracted vendor This amount includes revenues derived from fees charged for After School 3479050 After School Programs 145,000 Programs This amount represents revenues derived from monies collected from the Bazaar, Book Fair, Dress Down, NSF Checks, Teacher Appreciation Week 3661900 Miscellaneous Revenues 125,000 Deposits, UpstandersMIS,Vending Revenue and Boosterthon Fundraiser Athlete fees and fundraisers held by sports teams which are used to offset the 3661910 Sport Program Fundraising 7,500 cost of uniforms,officials,and transportation for Middle School Atheltics 15 City of Aventura City of Excellence School Fund-190 Fiscal Year 2024/25 Revenue Projection Rationale Object Code City Manager # Category Proposal2024/25 Comment 3661955 Field Trips/Special Programs 300,000 Field Trip fees used to fund the associated frield trips for all grade levels This amount is primarily derived from revenue sharing agreements with Clear Channel for one(1)lease&Out Front for one(1)lease that generate billboard 3665000 Other Private Source Revenue 120,000 advertising revenue. This amount includes a transfer from the City's General Fund for revenues generated from the City's Intersection Safety Camera Program of$300,000 3811039 Transfers In 1,229,524 and a transfer in from the City to balance the budget of$929,524 Total Revenues $ 13,793,796 16 City of Aventura Aventura City of Excellence School Fund-190 K-3 Basic 5101 Fiscal Year 2024/25 190-6001-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal Personnel Services 1220 120 Teachers $ 2,096,577 $ 1,929,413 $ 2,097,293 $ 1,880,819 1230 130 Other Certified Instruction 269,759 215,734 222,084 223,852 1250 150 Teacher Assistant 118,573 239,791 145,910 216,487 1502 291 Bonuses 80,136 71,907 72,000 61,480 1503 291 Stipends 1,039,562 293,937 542,247 497,263 2101 221 Social Security-matching 252,003 207,318 235,584 220,313 2201 211 Pension 26,031 22,221 19,103 23,096 2301 231 Health, Life&Disability Insurance 309,088 335,030 367,479 395,531 2302 232 Dental Insurance 2,901 6,074 - - 2401 241 Workers'Compensation 2,622 37,345 12,307 35,914 2501 250 Unemployment Compensation 24,145 25,000 25,000 25,000 Subtotal A 4,221,397 $ 3,383,770 $ 3,739,007 $ 3,579,755 Operating Expenditures 3435 300 Instructional Support $ - $ 45,000 $ - $ - 4001 330 Travel/Conferences/Training 1,124 12,000 16,110 5,000 4101 370 Communication Services 840 840 840 840 5290 590 Other Materials&Supplies 32,181 51,500 52,760 41,000 5299 790 Miscellaneous Expense 5,176 - - - 5410 521 Memberships/Dues/Subscription 3,984 1,500 1,500 1,500 5411 520 Textbooks 124,976 108,000 119,675 70,000 Subtotal A 168,281 $ 218,840 $ 190,885 $ 118,340 Total K-3 Basic 5101 $ 4,389,677 $ 3,602,610 $ 3,929,892 $ 3,698,095 17 City of Aventura City of Excellence School Fund-190 K-3 Basic 5101 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment 1220 Teachers $ 1,880,819 (32)Teachers 1230 Other Certified Instruction 223,852 (1)Assistant Principal, (1)ESE Teacher&(1)Instructional Counselor (5) Teacher Assistants (Part-time), (1) Administrative Assistant & (2) Hall 1250 Teacher Assistant 216,487 Monitor funded with Miami-Dade County Referendum 1502 Bonuses 61,480 Bonus associated with A+rating Amounts paid to teachers for the Miami-Dade County Referendum Stipend/Eligible Teacher funding as well as amounts for additional roles such 1503 Stipends 497,263 as coaching sports and leading afterschool clubs and activities 2101 Social Security-matching 220,313 Social Security&Medicare Taxes 2201 Pension 23,096 Estimated pension contribution Estimated annual employee costs for health,life,dental&disability insurance 2301 Health,Life&Disability Insurance 395,531 benefits 2401 Workers'Compensation 35,914 Allocated cost of workers'compensation premiums 2501 Unemployment Compensation 25,000 Allocated cost of of unemployment compensation Funding for High Impact, National,State,and Local conference attendance,i.e. Solution Tree Professional Learning Communities at Work (Fall 2024), Cambridge Curriculum Implementation Conference(Fall 2024). Participants are always expected to teach peers based on the lessons learned, which is 4001 Travel/Conferences/Training 5,000 facilitated through professional development days. 4101 Communication Services 840 Assistant Principal receives$70/month for cell phone allowance Administrative supplies, classroom decorations, teacher resources, and general materials that suppot Kindergarten through Third Grade (K - 3) i.e. 5290 Other Materials&Supplies 41,000 markers,crayons,paper,etc. Membership in National,State,and Local organizations as well as subscriptions to peer-reviewed periodicals,i.e.Scholastic,Association of 5410 Memberships/Dues/Subscription 1,500 Middle Level Educators and National Association for Gifted Children Costs associated with the purchase of textbooks and instructional materials for 5411 1 Textbooks 70,000 Kindergarten through Third Grade(K-3) Total K-3 Expenditures $ 3,698,095 18 City of Aventura Aventura City of Excellence School Fund -190 4-8 Basic 5102 Fiscal Year 2024/25 190-6002-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal Personnel Services 1220 120 Teachers $ 2,515,806 $ 2,632,430 $ 2,840,828 $ 2,472,142 1230 130 Other Certified Instruction 172,779 163,404 139,106 235,637 1250 150 Teacher Assistant 23,159 98,400 88,622 73,800 1502 291 Bonuses 92,471 98,054 98,054 83,837 1503 291 Stipends 1,480,616 442,912 825,784 739,173 2101 221 Social Security-matching 315,796 255,322 305,418 275,751 2201 211 Pension 29,080 28,140 29,255 28,055 2301 231 Health, Life&Disability Insurance 310,712 420,698 367,210 437,639 2302 232 Dental Insurance 2,344 6,675 - - 2401 241 Workers'Compensation 3,334 45,410 13,627 43,199 2501 250 Unemployment Compensation 27,083 22,000 28,000 28,000 Subtotal $ 4,973,182 $ 4,213,445 $ 4,735,904 $ 4,417,233 Operating Expenditures 3190 310 Other Professional Services $ 1,566 $ - $ - $ - 3435 300 Instructional Support - 55,000 - - 4001 330 Travel/Conferences/Training 147,304 18,000 151,735 20,000 4101 370 Communication Services 840 840 840 840 5290 590 Other Materials&Supplies 90,826 77,100 90,000 72,000 5299 790 Miscellaneous Expense 1,108 - - - 5410 521 Memberships/Dues/Subscription 2,934 - - - 5411 520 Textbooks 512,540 170,000 521,765 100,000 5901 791 Athletic Activities 29,691 25,000 35,000 25,000 Subtotal A 786,809 $ 345,940 $ 799,340 $ 217,840 Total 4-8 Basic 5102 $ 5,759,991 $ 4,559,385 $ 5,535,244 $ 4,635,073 19 City of Aventura City of Excellence School Fund-190 4-8 Basic 5102 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment 1220 Teachers $ 2,472,142 (43)Teachers (1)Assistant Principal, (1)Math Coach&(1)Student Engagement Coordinator 1230 Other Certified Instruction 235,637 funded by Miami-Dade County Referendum (1)Communication Specialist/Instructional Assistant&(2)Hall Monitors funded 1250 Teacher Assistant 73,800 with Miami-Dade County Referendum 1502 Bonuses 83,837 Bonus associated with A+rating Amounts paid to teachers for the Miami-Dade County Referendum Stipend/Eligible Teacher funding as well as amounts for additional roles such 1503 Stipends 739,173 as coaching sports and leading afterschool clubs and activities 2101 Social Security-matching 275,751 Social Security&Medicare taxes 2201 Pension 28,055 Estimated pension contribution Estimated annual employee costs for health,life,dental&disability insurance 2301 Health,Life&Disability Insurance 437,639 benefits 2401 Workers'Compensation 43,199 Allocated cost of workers'compensation premiums 2501 Unemployment Compensation 28,000 Allocated cost of of unemployment compensation Funding for High Impact, National,State,and Local conference attendance,i.e. Solution Tree Professional Learning Communities at Work (Fall 2024), Cambridge Curriculum Implementation Conference (Fall 2024) and Project Based Learning (Summer 2024). Participants are always expected to teach peers based on the lessons learned, which is facilitated through professional 4001 Travel/Conferences/Training 20,000 development days. 4101 Communication Services 840 Assistant Principal receives$70/month for cell phone allowance Administrative supplies, classroom decorations, teacher resources, and general materials that support Fourth through Eighth Grade (4th - 8th) i.e. 5290 Other Materials&Supplies 72,000 paper,pens,markers,etc. Costs associated with the purchase of textbooks and instructional materials for Fourth through Eighth Grade(4th-8th). Math textbook purchase for FY 23/24 was for a five(5)year adoption thus reducing FY 24/25 and FY 25/26. ELA textbook purchased in FY 2022/23 was for a five(5)year subscription thus 5411 Textbooks 100,000 reducing FY 2023/24&FY 2024/25 budgeted expenditures. Costs associated with after school competitive sports for students in Sixth 5901 1 Athletic Activities 1 25,000 Ithrough Eighth Grade(6th-8th),i.e.transportation,officials,and uniforms Total 4-8 Expenditures $ 4,635,073 20 City of Aventura Aventura City of Excellence School Fund -190 Exceptional Student Program 5250 Fiscal Year 2024/25 190-6003-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal Personnel Services 1220 120 Teachers $ 117,730 $ 164,947 $ 125,914 $ 185,713 1230 130 Other Certified Instruction 76,846 79,680 87,830 83,126 1502 291 Bonuses 8,225 6,537 6,537 5,589 1503 291 Stipends 110,872 23,016 44,572 41,710 2101 221 Social Security-matching 26,871 20,975 20,261 24,184 2201 211 Pension 2,186 1,835 847 2,070 2301 231 Health, Life&Disability Insurance 22,994 19,252 21,326 37,783 2302 232 Dental Insurance 353 675 - - 2401 241 Workers'Compensation 196 3,914 1,026 4,302 2501 250 Unemployment Compensation - 300 2,600 2,600 Subtotal $ 366,273 $ 321,131 $ 310,913 $ 387,077 Operating Expenditures 3190 310 Prof&Tech Services-SPED $ 165,221 $ 125,000 $ 170,000 $ 150,000 4001 330 Travel/Conferences/Training 12,757 5,000 11,000 5,000 5290 590 Other Materials&Supplies 6,512 6,400 6,400 5,000 Subtotal $ 184,489 $ 136,400 $ 187,400 $ 160,000 Total Exceptional Student Program 5250 $ 550,762 $ 457,531 $ 498,313 $ 547,077 21 City of - Aventura City of Excellence School Fund-190 Exceptional Student Program 5250 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment 1220 Teachers $ 185,713 (3)Teachers 1230 Other Certified Instruction 83,126 (1)Dean of Student Services 1502 Bonuses 5,589 Bonus associated with A+rating 1503 Stipends 41,710 Miami-Dade County Referendum Stipend/Eligible Teacher funding 2101 Social Security-matching 24,184 Social Security&Medicare taxes 2201 Pension 2,070 Estimated pension contribution Estimated annual employee costs for health, life, dental & disability insurance 2301 Health,Life&Disability Insurance 37,783 benefits 2401 Workers'Compensation 4,302 Allocated cost of workers'compensation premiums 2501 Unemployment Compensation 2,600 Allocated cost of of unemployment compensation Contracted Special Education and Counseling services,i.e.Speech Pathology, Occupational Therapy,and Mental Health Counseling-which is determined by 3190 Prof&Tech Services-SPED 150,000 required services presented in the a student's Individual Education Plan(IEP) Funding for High Impact, National,State,and Local conference attendance,i.e. University of Miami Autism and Related Disabilities training (Fall 2024) and ADHD Training (2024-2025). Participants are expected to teach peers based on the lessons learned, which is facilitated through professional development 4001 Travel/Conferences/Training 5,000 days. Administrative supplies,classroom decorations,teacher resources, documentation and filing materials,and general materials that support the 5290 Other Materials&Supplies 5,000 1 Exceptional Student Population Total Exceptional Student Program Expenditures $ 547,077 22 City of Aventura Aventura City of Excellence School Fund -190 Substitute Teachers 5901 Fiscal Year 2024/25 190-6004-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal Personnel Services 1220 120 Teachers $ 179,018 $ 141,989 $ 241,405 $ 150,568 1502 291 Bonuses 3,018 - - - 1503 291 Stipends 12,927 - 7,000 - 2101 221 Social Security-matching 21,753 10,862 19,003 11,519 2201 211 Pension 1,489 1,065 - 851 2301 231 Health, Life&Disability Insurance 11,036 14,796 14,016 7,856 2302 232 Dental Insurance 294 329 - - 2401 241 Workers'Compensation 127 2,272 1,026 2,409 2501 250 Unemployment Compensation 6,364 5,700 7,000 7,000 Subtotal $ 236,027 $ 177,013 $ 289,450 $ 180,203 Operating Expenditures 3435 300 Instructional Support $ 83,651 $ 55,000 $ 120,000 $ 60,000 Subtotal A 83,651 $ 55,000 $ 120,000 $ 60,000 Total Substitute Teachers 5901 $ 319,678 $ 232,013 $ 409,450 $ 240,203 23 City of Aventura City of Excellence School Fund-190 Substitute Teachers 5901 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment 1220 Teachers $ 150,568 (3)Permanent Subs&additional funding for Pool Subs as needed 2101 Social Security-matching 11,519 Social Security&Medicare taxes 2201 Pension 851 Estimated pension contribution Estimated annual employee costs for health,life,dental&disability insurance 2301 Health,Life&Disability Insurance 7,856 benefits 2401 Workers'Compensation 2,409 Allocated cost of workers'compensation premiums 2501 Unemployment Compensation 7,000 Allocated cost of of unemployment compensation 3435 Instructional Support 60,000 Costs associated with contracted substitutes and supplemental supervision Total Substitute Teachers Expenditures $ 240,203 24 City of Aventura Aventura City of Excellence School Fund -190 Instructional Media Services 6200 Fiscal Year 2024/25 190-6005-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal Personnel Services 1230 130 Other Certified Instruction $ 31,026 $ 74,992 $ 71,734 $ 76,503 1502 291 Bonuses 503 - - - 1503 291 Stipends 21,505 - 1,162 - 2101 221 Social Security-matching 7,810 5,737 5,577 5,853 2201 211 Pension 549 378 473 400 2301 231 Health, Life&Disability Insurance 19,561 17,299 25,529 18,623 2302 232 Dental Insurance 273 185 - - 2401 241 Workers'Compensation 81 1,200 513 1,224 2501 250 Unemployment Compensation - 200 500 550 Subtotal $ 81,308 $ 99,991 $ 105,488 $ 103,153 Operating Expenditures 5411 520 Textbooks $ 3,074 $ 3,000 $ 2,010 $ 3,000 Subtotal $ 3,074 $ 3,000 $ 2,010 $ 3,000 Total Instructional Media Services 6200 $ 84,382 $ 102,991 $ 107,498 $ 106,153 25 City of Aventura City of Excellence School Fund -190 Instructional Media Services 6200 Fiscal Year 2024/25 _ Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment 1230 Other Certified Instruction $ 76,503 (1)Media Specialist&(1)Media Assistant(Part-time) 2101 Social Security-matching 5,853 Social Security&Medicare taxes 2201 Pension 400 Estimated pension contribution Estimated annual employee costs for health,life,dental&disability insurance 2301 Health,Life&Disability Insurance 18,623 benefits 2401 Workers'Compensation 1,224 Allocated cost of workers'compensation premiums 2501 Unemployment Compensation 550 Allocated cost of of unemployment compensation 5411 1 Textbooks 3,000 Library books and instructional resources within the media center Total Instructional Media Services Expenditures $ 106,153 26 City of Aventura Aventura City of Excellence School Fund -190 School Administration 7300 Fiscal Year 2024/25 190-6006-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal Personnel Services 1201 100 General $ 18,107 $ - $ - $ 1211 110 Administrators 217,517 206,508 193,986 207,763 1260 160 Other Support Personnel 425,304 410,214 398,298 369,761 1502 291 Bonuses 20,106 - - - 1503 291 Stipends 50,127 - 3,750 - 2101 221 Social Security-matching 61,381 47,179 45,597 44,181 2201 211 Pension 25,028 22,957 21,713 23,287 2301 231 Health, Life&Disability Insurance 50,244 61,942 49,281 79,426 2302 232 Dental Insurance 776 1,190 - - 2401 241 Workers'Compensation 3,826 12,245 5,656 10,389 2501 251 Unemployment Compensation 6,805 6,275 7,000 7,000 Subtotal A 879,222 $ 768,510 $ 725,281 $ 741,807 Operating Expenditures 3114 750 After School Programs $ 108,198 $ 80,000 $ 108,198 $ 110,000 3190 310 Other Professional Services 7,021 - 8,624 8,650 4001 330 Travel/Conferences/Training 39,134 15,000 33,355 25,000 4041 201 Automobile Allowance 5,400 5,400 5,400 5,400 4101 370 Communication Services 2,940 1,440 1,440 840 4855 790 Field Trips/School Events 137,786 125,000 300,000 300,000 4856 790 Special Events 176,222 140,000 140,000 140,000 5290 590 Other Materials&Supplies 48,551 23,000 23,000 19,100 5410 521 Memberships/Dues/Subscription 900 3,000 8,055 15,000 Subtotal A 526,151 $ 392,840 $ 628,072 $ 623,990 Total School Administration 7300 $ 1,405,373 $ 1,161,350 $ 1,353,352 $ 1,365,797 27 City of - Aventura City of Excellence School Fund-190 School Administration 7300 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment 1211 Administrators $ 207,763 (1)Principal&(1)Dean (1)Administrative Secretary,(1)Business Manager,(1)Network/Computer Technician,(2)Receptionist,(1)Registrar/Compliance/ESE Support&(1) 1260 Other Support Personnel 369,761 School Nurse 2101 Social Security-matching 44,181 Social Security&Medicare taxes 2201 Pension 23,287 Estimated pension contribution Estimated annual employee costs for health,life,dental&disability insurance 2301 Health,Life&Disability Insurance 79,426 benefits 2401 Workers'Compensation 10,389 Allocated cost of workers'compensation premiums 2501 Unemployment Compensation 7,000 Allocated cost of of unemployment compensation Costs associated with the teacher and organizational led after school programs such as chess, dance, sports, tutoring, baton club, mind lab, spanish, robotics, 3114 After School Programs 110,000 and cheeleading 3190 Other Professional Services 8,650 Funding for Security Management&Software Fees Funding for High Impact, National, State, and Local conference attendance, i.e. Cambridge Curriculum Conference (Summer 2024)and Summer Principals and Assistant Principals Leadership Academy (Summer 2024). Participants are expected to teach peers based on the lessons learned, which is facilitated 4001 Travel/Conferences/Training 25,000 through professional development days. 4041 Automobile Allowance 5,400 Principal receives$450/month for an automobile allowance 4101 Communication Services 840 Principal cell phone allowance-$70/month Costs associated with student field trips.This line item has offsetting revenue 4855 Field Trips/School Events 300,000 with Field Trips/Special Programs. All school-wide and community events, i.e.Trunk or Treat, Winter Wonderland, Student Honor Ceremonies, Graduations, Pep-Rallies, Staff Luncheons, and 4856 Special Events 140,000 Staff Celebrations Administrative supplies,school decorations,teacher resources,leadership 5290 Other Materials&Supplies 19,100 materials,and general materials that support all grades and leadership Membership in National, State,and Local organizations as well as subscriptions to peer-reviewed periodicals, i.e. Florida Association of School Administrators, National Association of School Administrators, Marshall Memo and Education Week. Included in this amount is $12,000 for the Cambridge International 5410 Memberships/Dues/Subscription 15,000 Education Annual Fee. Total School Administration Expenditures $ 1,365,797 28 City of - Aventura City of Excellence School Fund -190 Pupil Transit Services 7800 Fiscal Year 2024/25 190-6007-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Descript' Amount Budget 6/30/2024 Proposal 3190 310 Prof&Tech Services $ 369,709 $ 381,775 $ 465,850 $ 296,000 otal Pupil Transit Services 7800 $ 369,709 $ 381,775 $ 465,850 $ 296,000 29 City of Aventura City of Excellence School Fund-190 Pupil Transit Services 7800 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment Estimated costs of bus transportation for students. Included in this is the base 3190 Prof&Tech Services $ 296,000 rate and afternoon double runs for two(2)of the three(3)buses contracted. Total Pupil Transit Services Expenditures $ 296,000 30 City of Aventura Aventura City of Excellence School Fund -190 Operation of Plant 7900 Fiscal Year 2024/25 190-6008-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal Personnel Services 1260 160 Other Support Personnel $ 181,963 $ 158,266 $ 153,889 $ 157,816 1401 160 Overtime 4,497 3,500 4,500 5,000 1410 160 Holiday Pay - - 198 - 1502 291 Bonuses 2,515 - - - 2101 221 Social Security-matching 14,415 12,375 12,132 12,455 2201 211 Pension 7,434 30,565 36,369 37,481 2301 231 Health, Life&Disability Insurance 14,279 39,646 56,971 50,553 2401 241 Workers'Compensation 6,965 10,551 10,217 11,207 Subtotal $ 232,068 $ 254,903 $ 274,276 $ 274,512 Operating Expenditures 3120 310 Legal Fees $ 10,813 $ - $ - $ - 3148 312 Planning/Management Fee-CSUSA 306,000 306,000 306,000 306,000 3149 310 MDCPS Administrative Fee 162,354 169,014 170,983 176,698 3201 312 Accounting&Auditing Fees 11,000 11,000 11,000 11,000 3431 310 Contract-Food Services 234,560 250,000 229,300 230,000 4101 370 Communication Services 68,260 80,000 75,000 75,000 4301 430 Electricity 159,029 175,000 165,000 175,000 4320 380 Water 65,277 60,000 62,000 65,000 4440 360 Office Equip-Leasing Expense 30,128 30,000 30,200 31,000 4501 320 Insurance&Bond Premium 116,957 105,000 117,300 117,300 4620 350 Contract-Building Maintenance 255,001 207,000 407,400 396,500 4635 350 Repairs&Maintenance 166,935 95,000 228,000 198,138 5120 510 Computer Supplies/Software 31,816 52,900 60,000 63,000 5290 590 Other Materials&Supplies 4,567 5,000 5,000 5,500 Subtotal A 1,622,696 $ 1,545,914 $ 1,867,183 $ 1,850,136 • 5905 790 AACC Expenses $ 10,848 $ 15,200 $ 14,750 $ 15,000 9129 921 Lease Payments to City Debt Svice Fund 444,000 444,000 444,000 444,000 Subtotal $ 454,848 $ 459,200 $ 458,750 $ 459,000 Total Operation of Plant 7900 $ 2,309,612 $ 2,260,017 $ 2,600,208 $ 2,583,648 31 City of Aventura City of Excellence School Fund-190 Operation of Plant 7900 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment (1)School Resource Officer funded by Safe Schools from the FEFP and Miami- 1260 Other Support Personnel $ 157,816 Dade County Referendum&(1)Trades Worker II 1401 Overtime 5,000 Estimated overtime 2101 Social Security-matching 12,455 Social Security&Medicare taxes 2201 Pension 37,481 Estimated pension contribution Estimated annual employee costs for health,life,dental&disability insurance 2301 Health,Life&Disability Insurance 50,553 benefits 2401 Workers'Compensation 11,207 Allocated cost of workers'compensation premiums The annual administrative and education services fee paid by the School to 3148 Planning/Management Fee-CSUSA 306,000 Charter Schools USA("CS USA") 2%fee that Miami-Dade County School Board charges the City for 3149 MDCPS Administrative Fee 176,698 administrative services The cost of the School's year-end financial audit(including any State and Federal Single Audits),in addition to any other audit-related services that the 3201 Accounting&Auditing Fees 11,000 School may require Food service vendor costs.This line item has an off-setting revenue through 3431 Contract-Food Services 230,000 the National School Lunch Program and student payments. Estimated annual costs for phone and internet services(i.e. Hotwire,Comcast, 4101 Communication Services 75,000 AT&T).Trades Worker II receives$40/month for cell phone allowance. 4301 Electricity 175,000 Estimated annual costs for electrical services based on current usage 4320 Water 65,000 Estimated annual costs for water based on current usage Estimated annual costs for leasing equipment i.e.Toshiba,Shred-It services& 4440 Office Equip-Leasing Expense 31,000 etc. Estimated costs for cyber security,directors&officers,general liability,excess 4501 Insurance&Bond Premium 117,300 liability&student accident insurance premiums Estimated costs for contractual services,i.e.janitorial cleaning,pest control, 4620 Contract-Building Maintenance 396,500 waste, burglar alarm,fire safety,elevator maintenance,etc. Estimated costs associated with various repairs and maintenance,i.e.painting, 4635 Repairs&Maintenance 198,138 public storage,building repairs,etc. Estimated costs for e-mail service,maintenance associated with hardware, software,anitvirus,device management&the wireless network as well as the 5120 Computer Supplies/Software 63,000 costs of miscellaneous cables,devices,batteries,etc. 32 City of Aventura City of Excellence School Fund -190 Operation of Plant 7900 Fiscal Year 2024/25 Budget Justifications City Manager Object Proposal Code# Category 2024/25 Comment Estimated costs for other expenditures not identified above i.e. E-rate Consulting,as well as other items that may present themselves during the 5290 Other Materials&Supplies 5,500 fiscal year 5905 AACC Expenses 15,000 Estimated costs for ACES events held at the Aventura Arts&Cultural Center Payment to the City of Aventura for the principal&interest due for the qualified Lease Payments to City Debt Svice loan(Debt Service Series 2012(B))which was taken for the construction& 9129 Fund 1 444,000 equipment of the Aventura Charter Elementary School Total Operation of Plant Expenditures $ 2,583,648 33 City of Aventura City of Excellence School Fund -190 Capital Outlay 7400 Fiscal Year 2024125 190-6010-569 School 2022/23 2023/24 2023/24 2024/25 Account Object Actual Adopted Projected City Manager # Code Description Amount Budget 6/30/2024 Proposal OutlayCapital 6401 692 Computer Equipment>$5,000 $ 152,187 $ 180,000 $ 200,000 $ 44,000 6402 643 Computer Equipment<$5,000 190,575 338,250 488,250 277,750 6410 640 Equipment - 75,000 40,750 - 6420 640 Repairs&Replacements - 164,553 6490 640 Equipment/Other - - - - Total Capital Outlay 7400 $ 342,761 $ 593,250 $ 893,553 $ 321,750 Computer Equipment 000 This project consists of the regular replacement/upgrades of phone systems,network infrastructure and servers at ACES. (GIL#190-6010-569.64-01) Phone System Upgrade(1) $ 5,000 Replace Network Infrastructure(1) 30,000 Replace Server(s)(1) 9,000 Subtotal $ 44,000 Computer Equipment 000 This project consists of the regular replacement of computers,laptops, tablets and other items at ACES. (GIL#190-6010-569.64-02) Mobile Learning Computer Labs(1) $ 2,000 Replace AV Equipment and Smartboards(10) 40,000 Replace Color Laser Printer(1) 1,500 Replace Laptop(s)/Computer(s)(10) 13,000 Replace Security Cameras 20,000 Tablets(295) 201,250 Subtotal $ 277,750 Total Capital Outlay 7400 $ 321,750 34 City of Aventura Aventura City of Excellence School Operating and Capital Budget Fiscal Year 2024/2025 0 0 fX��CENCE SCO4S Adopting Ordinance 35 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED CHARTER SCHOOL OPERATING AND CAPITAL BUDGET FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL FOR FISCAL YEAR 2024/2025(JULY 1 —JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2024/2025 Operating and Capital Improvement Program Budget for the Aventura City of Excellence School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Charter School department for operating and capital expenses may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. 36 Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Charter School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2024 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2024/2025 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall 37 remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Am it Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg 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 Am it Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg 38 PASSED on first reading this 18th day of April, 2024. PASSED AND ADOPTED on second reading this 13th day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 39 i 2 ii l'INTURA CM (ELIENCE SCK0 Aventura City of Excellence School 3333 NE 1881h Street Aventura, Florida 33180 Telephone: (305) 466-1499 Fax: (305) 466-1339 Website: www.aventuracharter.org CITY OF "ENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission, acting in its capacity as the Governing Board for the Don Soffer Aventura High School (DSAHS) FROM: Ronald J. Wasson, City Manager BY: Melissa Cruz, Finance Director DATE: June 7, 2024 SUBJECT: Ordinance Adopting 2024/2025 Don Soffer Aventura High School Budget April 18, 2024 DSAHS Governing Board Meeting Agenda (First Reading) May 16, 2024 DSAHS Governing Board Meeting Agenda (Second Reading) June 13, 2024 DSAHS Governing Board Meeting Agenda (Second Reading) RECOMMENDATION It is recommended that the City Commission, acting in its capacity as the Governing Board for the DSAHS, approve the attached Ordinance adopting the 2024/2025 Don Soffer Aventura High School Budget. The DSAHS budget document has been updated from the version that was presented at the April 18, 2024 DSAHS Governing Board Meeting. All changes are outlined below- - Increased the FTE rate per student from $7,691.40 to $7,949.07, increasing revenues by $206,138. The revised budget reflects the actual vs. estimated FTE rate. - Increased the Management Fee expenditure by $215,887 from $388,235 to $604,122 reflecting the 6% management fee per the new management contract with CSUSA. - Increased Fee to County Board expenditure by $3,220 from $96,143 to $99,363. - Decreased Contracted Custodial Services expenditure by $10,915 from $267,616 to $256,701. The total net change from the above adjustments amounts to ($2,054). The projected fund balance changed from $40,802 to $38,747. If you have any questions, please feel free to contact me. CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2024/2025 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2024/2025 Operating Budget for the Don Soffer Aventura High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Don Soffer Aventura High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, if requested by the Principal of Don Soffer Aventura High School, the City Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, if requested by the Principal of Don Soffer Aventura High School, the City Manager may amend said authorized budgeted City of Aventura Ordinance No. 2024- positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and, where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Don Soffer Aventura High School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2024 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2024/2025 fiscal year. Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. Page 2 of 4 City of Aventura Ordinance No. 2024- The foregoing Ordinance was offered by Commissioner Stern, who moved its adoption on first reading. This motion was seconded by Vice Mayor Kruss, and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Yes Commissioner Rachel S. Friedland Yes Commissioner Billy Joel Yes Commissioner Dr. Linda Marks Yes Commissioner Michael Stern Yes Vice Mayor Paul A. Kruss Yes Mayor Howard S. Weinberg Yes The foregoing Ordinance was offered by Commissioner who moved its adoption on second reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Amit Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Michael Stern Vice Mayor Dr. Linda Marks Mayor Howard S. Weinberg PASSED on first reading this 18t" day of April, 2024. PASSED AND ADOPTED on second reading this 13t" day of June, 2024. Page 3 of 4 City of Aventura Ordinance No. 2024- HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: ROBERT MEYERS CITY ATTORNEY WEISS SEROTA HELFMAN COLE + BIERMAN, P.L. Page 4 of 4 City of Aventura 0 Don Soffer Aventura High School Fund Budget Fiscal Year 2024/2025 SON SOFFF,Q G O cc2 �O Rq HI4pbk� GN CHARTER SCHOOLS. (USA City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 J G O BRA G� 5 HI City Commission/Governing Board Mayor Howard S. Weingberg, ESQ. Commissioner Amit Bloom Commissioner Rachel Friedland, ESQ. Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern City Manager Ronald J. Wasson Principal Dr. Geoff McKee Planning/Management Services Provided b Charter Schools USA �0�1 SOFFF� D -j G O c2 �o Rq HIGN This page has intentionally been left blank City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 Table of Contents Charter Schools USA's Budget Message..............................................................................................i-iv Comparative Personnel Allocation Summary.....................................................................................iii Full-Time Staff Comparison Chart...............................................................................................................iii Introduction...........................................................................................................................................................1-3 Mission Statement, Vision Statement, and Commitment Statement..........................2 Organization and Operations..................................................................................................................3 Fund Description&Summary..............................................................................................................5-6 Revenue Projection &Rationale.........................................................................................................7-10 Budgetary Account Summary by Expenditure Function............................................11-14 DSAHS Instructional Pay-for-Performance Plan..............................................................15-17 AdoptingOrdinance.................................................................................................................................19-23 OON SOFFF� G O c2 �o �� 5G Rq HIGNk This page has intentionally been left blank MEMORANDUM TO: City Commission/Governing Board Ronald J. Wasson, City Manager FROM: Dr. Geoff McKee, Principal, Don Soffer Aventura High School Ayanna Jeffrey, Sr. Accounting Analyst, Charter Schools USA DATE: June 7, 2024 SUBJECT: Proposed 2024/2025 Don Soffer Aventura High School Budget Revised Attached is the proposed 2024/2025 Don Soffer Aventura High School ("DSAHS") Fund Budget (Fund 191) which will be effective from July 1, 2024—June 30, 2025. This represents DSAHS' 6t" full year of operations. The budget was designed to meet the educational requirements that accommodate 9t" through 12t" grade students, while continuing to employ staff that possess the leadership qualities that will help DSAHS achieve full enrollment over the next year. Budget Implications Resulting from the Coronavirus ("COVID-19") Pandemic For the last four years, COVID-19 has caused major disruption in international and U.S. economies and markets. School operations have returned to a "traditional" environment; however, the pandemic had a significant impact on learning worldwide. In response to this, the US Department of Education awarded funding to states and school districts through the Elementary and Secondary School Emergency Relief(ESSER) Fund to help schools address the negative impact caused by the pandemic. ESSER grant related revenue and expenditures are not included in the FY 2024/25 budget as the Federal funding program ends on 9/30/2024 and all approved expenditures will be completed by the end of School Year 2023/24. The budget was prepared in a collaborative effort by CSUSA, including their Sr. Accounting Analyst, staff members from several different divisions, and the DSAHS Principal. In addition, the budget has also been reviewed by the City Manager, Finance Director and Budget Manager. The budget will appear on first and second reading on April 18t" and June 13t", 2024, respectively. i The following are the major highlights of the 2024/2025 budget: • The school budget is based on a projected enrollment of 800 9t", 10t", 11t" and 12t" grade students. This is the school's third year of full enrollment. • No City subsidy is budgeted for the FY2024-2025 year. • Includes 62.5 full-time equivalent employees at a projected cost of $6,261,996 and is summarized by class and category below: 2023-24 2024-25 Job Class Category Projected Proposed Change Administrative Staff Full-time 14.0 13.0 (1.0) Part-time - 0.5 0.5 Subtotal 14.0 13.5 (0.5) Instructional Staff Full-time 47.0 49.0 2.0 Part-time - - - Subtotal 47.0 49.0 2.0 Total Frn ployees 61.0 62.5 1.5 • Vendor Services includes contracted pupil transportation for two (2) buses to transport students that live two (2) miles or more from the School at a cost of$187,063. • In order to continue enhancing the instructional experience designed to prepare the students for the future, $252,867 has been budgeted for textbooks, reference books and instructional licenses under Instructional Expenditures. • $60,000 is included in Office Equipment- Leasing Expenditures for lease of the portable units. Capital expenditures of $117,906 is budgeted for costs associated with Computer hardware and software, IT Infrastructure and FF&E (i.e. Classroom Furniture). Compensation for Personnel Services Total Compensation for Personnel Services is budgeted at $6,261,996 or 62.4% of the total budget or 62.2% of total operating revenue. This category includes 62.5 full-time equivalent employees, including 13.5 administrative staff positions and 49 instructional staff positions as is detailed below. In order to maintain, attract, and retain highly qualified teachers, salaries for this category reflect the school's proposed Pay Plan and stipends of$900,547 as a result of the Miami-Dade County Referendum. All employees are under contract with CSUSA. ii Comparative Personnel Allocation Summary 3- Year Presentation 2022-23 2023-24 2024-25 Actual Projected Proposed Full- Part- Full- Part- Full- Part- Job Class Time Time Total Time Time Total Time Time Total Administrative Staff Principal 1.0 1.0 1.0 1.0 1.0 1.0 Assistant Principal 2.0 2.0 2.0 2.0 2.0 2.0 Dean of Student Affairs - - - - - - Snr Community Relations Specialist - - 1.0 1.0 1.0 1.0 School Operations Administrator 1.0 1.0 1.0 1.0 1.0 1.0 Office Manager 1.0 1.0 1.0 1.0 1.0 1.0 Administrative Assistant 1.0 1.0 1.0 1.0 - 0.5 0.5 Receptionist 1.0 1.0 1.0 1.0 1.0 - 1.0 Enrollment Management 1.0 1.0 1.0 1.0 1.0 1.0 Guidance Counselor 3.0 3.0 3.0 3.0 3.0 3.0 CAPAdvisor - - - - - - IT Support 1.0 1.0 1.0 1.0 1.0 1.0 Nurse 1.0 1.0 1.0 1.0 1.0 1.0 Subtotal 13.0 13.0 14.0 14.0 13.0 0.5 13.5 Instructional Staff Teachers(9-12) 42.0 42.0 42.0 42.0 44.0 - 44.0 ESE/Special Education Teachers 2.0 2.0 3.0 3.0 3.0 3.0 Curriculum Resource Teacher 1.0 1.0 1.0 1.0 1.0 1.0 Athletic Director 1.0 1.0 1.0 1.0 1.0 1.0 Subtotal 46.0 46.0 47.0 47.0 49.0 49.0 Total 59.0 59.0 61.0 61.0 62.0 0.5 62.5 Full-Time Staff Comparison 62.0 61.5 61.0 60.5 60.0 59.5 59.0 58.5 58.0 57.5 2022/23- 2023/24- 2024/25- Actual Projected Proposed III The total proposed budget for 2024/2025, is $10,029,945 and is broken down into the following categories: Category Amount % Compensation $ 6,261,996 62.4% Professional Services 924,792 9.2% Vendor Services 1,055,620 10.5% Administrative Expenditures 57,608 0.6% Instructional Expenditures 783,202 7.8% Other Operating Expenditures 452,373 4.5% Fixed Expenditures 376,448 3.8% Capital Outlay 117,906 1.2% Tota 1 $ 10,029,945 100.0% Expenditures by Category Other Operating Instructional Expenditures Fixed Expenditures Expenditures 4 5% I 3.8% Capital Outlay 7.8% 1.2% Administrative Expenditures 0.6% Vendor Services / 10.5% / Compensation Professional Services 62.4% 9.2% Summary I am pleased to submit the detailed budget contained within this document and its related funding levels representing the City's continued commitment to support the Mission and Vision for Don Soffer Aventura High School as outlined on page 2. The City Commission, acting in its capacity as the Don Soffer Aventura High School Governing Board met during a Governing Board Meeting on April 18, 2024 to review the proposed budget document in detail. A second meeting will take place on June 13, 2024. Please refer any questions relating to the enclosed budget to the City Manager's attention. Respectfully submitted, Dr. Geoff McKee A nna Jeffrey Principal, Don Soffer Aventura High School Sr. Accounting Analyst, CSUSA iv City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 OON SOFFF�' D j � � O BRA G� � HI Introduction 1 City of Aventura Don Soffer Aventura High School OOr1 SOFFFR J A G'QA H 16N Mission Statement Don Soffer Aventura High School will provide a rigorous, college preparatory curriculum for the community that ensures each student develops their individual academic talents and leadership skills to become well-rounded citizens primed for excellence. Vision Statement Don Soffer Aventura High School will continually adopt innovative instructional methods and technology designed for the digital native learning styles of the 21s' century students. The School will revolutionize instruction and be recognized as a pioneer in modern high school education. Commitment Statement At Don Soffer Aventura High School, students will be empowered to discover their passion, choose their path and define their future. 2 City of Aventura Don Soffer Aventura High School oON soppF, J GRA HIGN� Organization and Operations The School is a special revenue fund found within the City's financial statements. The School commenced operations in the City in August 2019 and for the 2024/2025 school year will offer classes for 91h through 121h grades with a projected enrollment of 800 students. The School is funded by public funds based on enrollment and may be eligible for grants in accordance with state and federal guidelines, including food service and capital outlay. The School can accept private donations and the City can incur debt for its operations. Reporting Entity The School operates under a charter granted by the sponsoring school district,the Miami- Dade County Public School District (the"District").The current charter is effective until June 30, 2034 but provides for a renewal of up to 15 years by mutual agreement of both parties. In August 2019, the School opened its doors to 200 91h graders. In August 2020, the School expanded its enrollment to 415 students to include loth grade. In August 2021, the school expanded its enrollment to 620 to include 111h grade and in August 2022, expanded its enrollment to 800 to include 121h grade with approximately 200 students for each grade level. The School is owned by the City and is operated through a management agreement as described below. The School is part of the City's government and is not a separate legal entity or otherwise organized apart from the City. The City was incorporated in November 1995 and operates under a Commission-Manager form of government. Management Agreement The City previously entered into a management agreement with Charter Schools USA, Inc. ("CSUSA") to provide those services necessary to organize, manage, staff, operate and maintain the School. The agreement expires on June 30, 2024, with a five-year renewal option by mutual agreement of both parties and provided that the District extends the charter granted to the City. Total management fees projected to be paid to the management company for fiscal year 2024/2025 are $604,122.The other expenditures that are reimbursed to CSUSA from the City relate to teachers' salaries, benefits and all related operational costs. 3 �pN soFFF�4 D j G O c2 �O Rq HIGN This page has intentionally been left blank 4 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 OON SOFFF�' D j � � O BRA G� � HI Fund Description Summary 5 City of er Aventura High Schoo Fund-191 Fiscal Year 2024/2025(July 1 -June 30) Budget Category Summary Fund Description This fund accounts for operating and capital revenues and expenditures associated with the Don Soffer Aventura High School. In accordance with their Management Agreement with the City, Charter Schools USA, is responsible for the School's budgetary, accounting, auditing and financial reporting functions. 2023/24 2023/24 2024/25 2022/23 Adopted Projected Proposed Category Actual Budget Forecast Budget Revenue Projections Operating Revenue $ 10,377,409 $ 9,131,109 $ 10,345,407 $ 10,068,692 City Subsidy(Advance from the City's General Fund) - - - - Total Revenues $ 10,377,409 $ 9,131,109 $ 10,345,407 $ 10,068,692 Expenditures Operating Expenditures $ 8,516,785 $ 8,682,145 $ 9,092,479 $ 9,912,039 Capital Expenditures 418,791 112,500 132,543 117,906 CSUSA Subsidy to offset Professional Services - - - - Total Expenditures $ 8,935,576 $ 8,794,645 $ 9,225,022 $ 10,029,945 Revenues over/(under) Expenditures $ 1,441,833 $ 336,464 $ 1,120,385 $ 38,747 6 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 OON SOFFF�' D J V0 O BRA G� � HI Revenue Projection Rationale 7 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget Total Number of Students 805 800 829 800 Forecasted Average FTE per Student $ 7,371.14 $ 7,388.44 $ 7,691.40 $ 7,949.07 REVENUE: Operating Revenue FTE $ 5,933,768 $ 5,910,752 $ 6,372,325 $ 6,359,258 Capital Outlay 398,960 422,784 488,448 747,200 NSLP Revenue 92,656 68,124 74,745 72,130 Food Services 88,781 90,377 120,014 115,816 City's Intersection Safety Camera Program* 150,000 - - - Grants 922,493 675,817 883,662 - Miscellaneous Revenue 59,857 - 4,842 14,800 Internal Funds Revenue**** - 63,255 - - Other Program Revenue: AP/AICE 1,214,761 1,200,000 1,200,000 1,600,000 Refrendum Stipends 1,516,134 700,000 1,201,370 1,159,488 Total Operating Revenue $ 10,377,409 $ 9,131,109 $ 10,345,407 $ 10,068,692 Other Non-Revenue City Subsidy* Advance from the City's General Fund $ $ $ $ Total Revenues $ 10,377,409 $ 9,131,109 $ 10,345,407 $ 10,068,692 The remainder of this page has intentionally been left blank 8 Revenue Projection Rationale Fiscal Year 2024/2025 Revenues The total revenues available for allocation in the 2024/2025 proposed budget are anticipated to be $10,068,692. This is a net increase of $937,583 or 10.3% compared to the prior year's budget primarily due to increased Advanced Placement/Advanced International Certificate of Education "AP/RICE" and Referendum revenues, as well as the FTE rate per student. Operating Revenue FTE- totals $6,359,258 and is based on an average of $7,949.07/student and includes the transportation reimbursement component. This revenue category is anticipated to increase by $448,506 or 7.6% in comparison to the prior years adopted budget. Capital Outlay-totals$747,200 and is projected to increase in comparison to the adopted budget and year-end forecast at $934/student. This is based on estimates from Miami-Dade County. NSLP Revenue - totals $72,130 and represents an estimate for reimbursement by the National School Lunch Program ("NSLP") for low-cost or free meals that are provided to students who qualify for the federally assisted meal program. This revenue category is projected based on current year reimbursement rates and assumes consistent eligibility year-over-year in the student population. Food Services - totals $115,816 and represents an estimate for un-subsidized meals purchased by students. This revenue category increased year-over-year in line with the current year student participation rate and revenues. Grants - The current anticipated impact from Grant Funding provided by Federal and State governments in response to the COVID-19 pandemic is $0 in the 2024/2025 proposed budget as the Federal funding program ends on 9/30/2024 and all approved expenditures will be completed by the end of School Year 23/24. 9 Other Program Revenue - totals $2,759,488 consisting of $1,600,000 in additional FTE Revenue that is expected be awarded to the DSAHS from students passing the Cambridge and Advanced Placement Exams and $1,159,488 in Miami-Dade County Referendum revenue that will be used for security personnel and teacher stipends. The rest of this page has intentionally been left blank 10 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 OON SOFFF�' D j � � O BRA G� � HI Budgetary Account Summary by Expenditure Function 11 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget EXPENDITURES Administrative Staff Principal 1.0 1.0 1.0 1.0 Assistant Principal 2.0 2.0 2.0 2.0 Senior Community Relations Specialist - - 1.0 1.0 School Operations Administrator 1.0 1.0 1.0 1.0 Office Manager 1.0 1.0 1.0 1.0 Administrative Assistant 1.0 1.0 1.0 0.5 Receptionist 1.0 1.0 1.0 1.0 Enrollment Management 1.0 1.0 1.0 1.0 Guidance Counselor 3.0 3.0 3.0 3.0 IT Support 1.0 1.0 1.0 1.0 Nurse 1.0 1.0 1.0 1.0 Subtotal Administrative Staff 13.0 $ 788,436 13.0 $ 839,432 14.0 $ 896,363 13.5 $ 990,518 Instructional Staff Teachers(9-12) 42.0 44.0 42.0 44.0 ESE/Special Education Teachers 2.0 3.0 3.0 3.0 Curriculum Resource Teacher 1.0 1.0 1.0 1.0 Athletic Director 1.0 1.0 1.0 1.0 Subtotal Instructional Staff 46.0 $ 2,877,149 49.0 $ 3,174,148 47.0 $ 2,967,087 49.0 $ 3,146,447 Tutoring $ 73,107 $ 76,862 $ 76,862 $ 76,862 Bonuses 204,566 91,954 91,954 127,870 Stipends 1,056,218 690,737 1,156,679 1,101,171 Benefits 306,422 325,783 341,252 398,065 Workers'Compensation 12,591 18,107 8,876 16,522 Payroll Taxes 386,884 423,072 449,518 404,541 Subtotal $ 2,039,787 $ 1,626,514 $ 2,125,141 $ 2,125,031 Total Compensation 59.0 $ 5,705,372 62.0 $ 5,640,094 61.0 $ 5,988,591 62.5 $ 6,261,996 12 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget-Continued Professional Services Management Fee $ 375,696 $ 375,696 $ 375,696 $ 604,122 Legal Fees 19,062 11,582 11,529 11,529 Fee to County Board 112,648 92,292 94,244 99,363 Outside Staff Development 17,627 28,925 32,950 53,160 Accounting Services-Audit 11,850 11,850 11,850 11,900 Professiona I Fees-Other 24,689 7,155 7,311 7,311 Computer Services Fees 103,915 100,000 106,876 118,400 Advertising/Marketing Expenditure 9,172 20,221 20,221 19,007 Subtotal Professional Services $ 674,659 $ 647,720 $ 660,677 $ 924,792 Vendor Services Contracted Pupil Transportation $ 139,631 $ 172,552 $ 172,552 $ 187,063 Contracted Mental Health 97,092 80,157 80,158 80,158 Extra-Curricular Activity Events&Transportation 139,046 155,000 155,000 166,234 Contracted Food Services 151,610 141,180 169,747 163,809 Drug Testing Fees 595 245 245 245 Licenses&Permits 1,375 2,012 2,012 2,012 Contracted Custodial Services 213,602 257,081 257,081 256,701 Contracted Security 151,731 182,828 182,827 199,398 Subtotal Vendor Services $ 894,713 $ 991,055 $ 1,019,622 $ 1,055,620 Administration Expenditures Travel $ 5,641 $ 7,736 $ 10,083 $ 10,083 Meals 837 818 1,034 1,034 Lodging 6,268 3,832 8,486 8,486 Business Expenditure-Other 73 153 1,287 1,287 Dues&Subscriptions 4,653 4,379 4,379 4,379 Printing 6,447 8,810 9,463 9,463 Office Supplies 20,482 15,744 19,657 20,267 Medical Supplies 824 2,610 2,610 2,610 Subtotal Administrative Expenditures $ 45,225 $ 44,081 $ 56,998 $ 57,608 Instructional Expenditures Textbooks&Reference Books $ 189,104 $ 112,037 $ 112,036 $ 117,411 Consumable Instructional(Student) 32,282 36,033 36,033 127,056 Consumable Instructional(Teacher) 26,040 4,039 4,039 914 Instructional Licenses 87,502 121,624 121,624 8,400 Testing Materials 346,932 469,829 469,829 501,959 Florida Teacher Lead program 12,300 - Contracted SPED Instruction 18,991 28,458 28,458 27,462 Subtotal Instructional Expenditures $ 700p852 $ 772,020 $ 784,320 $ 783,202 13 ADOPTED PROJECTED PROPOSED Don Soffer Aventura High School ACTUAL BUDGET FORECAST BUDGET Proposed Budget-Continued Other Operating Expenditures Telephone&Internet $ 26,881 $ 38,881 $ 32,617 $ 32,943 Postage 3,018 1,628 2,330 2,402 Electricity 115,538 125,192 125,192 128,947 Water&Sewer 12,093 12,676 9,785 13,056 Waste Disposal 37,260 40,623 40,623 44,685 Pest Control 3,246 3,638 3,638 3,747 Cleaning Supplies 2,359 24,760 24,760 25,503 Building Repairs&Maintenance 213,827 181,637 229,597 193,388 Miscellaneous Expenditures 9,949 10,126 10,367 7,703 Subtotal Other Operating Expenditures $ 424,170 $ 439,161 $ 478,908 $ 452,373 Internal Funds Expense Internal Funds Expense**** $ - $ 63,255 $ - $ Subtotal Internal Funds Expenditures $ - $ 63,255 $ - $ - Fixed Expenditures Office Equipment-Leasing Expenditures $ 12,462 $ 13,896 $ 13,896 $ 73,560 Professional Liability&Other Insurance 59,332 70,863 89,468 302,888 Subtotal Fixed Expenditures $ 71,794 $ 84,759 $ 103,364 $ 376,448 Total Operating Expenditures $ 8,516,785 $ 8,682,145 $ 9,092,479 $ 9,912,039 Capital Expenditures Computers-Hardware $ 335,511 $ 75,000 $ 87,379 $ 61,050 Computers-Software 2,551 - - 915 IT Infrastructure 35,693 25,000 12,621 25,000 FF&E 45,037 - 12,500 12,500 Other - 12,500 20,043 18,441 Total Capital Expenditures $ 418,791 $ 112,500 $ 132,543 $ 117,906 Total Unadjusted Operating and Capital Expenditures $ 8,935,576 $ 8,794,645 $ 9,225,022 $ 10,029,945 Unadjusted Revenue over/(under)Expenditures $ 1,441,833 $ 336,464 $ 1,120,385 $ 38,747 Adjusted Revenues over/(under)Expenditures $ 1,441,833 $ 336,464 $ 1,120,385 $ 38,747 Total Adjusted Operating and Capital Expenditures $ 8,935,576 $ 8,794,645 $ 9,225,022 $ 10,029,945 Total Revenues $ 10,377,409 $ 9,131,109 $ 10,345,407 $ 10,068,692 Projected Addition to Fund Balance/(Deficit) $ 1,441,833 $ 336,464 $ 1,120,385 $ 38,747 Repayment to City $ 1,130,510 $ 220,000 $ 861,763 $ Projected Fund Balance After Repayment $ 311,323 $ 116,464 $ 258,622 $ 38,747 14 City of Aventura Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 O ON SOF D -j O G'4A GN 5 HI iN CHARTER SCHOOLS USA DSAHS Instructional Pay-for- Performance Plan 15 �1 CHARTER SCHOOLS USA DSAHS INSTRUCTIONAL PAY-FOR-PERFORMANCE PLAN INDEX A. CSUSA PAY PRACTICES B. PERFORMANCE BASED COMPENSATION C. MERIT INCREASE SCHEDULE A. CSUSA PAY PRACTICES CSUSA salaries are competitive with the surrounding area schools but structured differently, with a greater emphasis on performance-based pay. For base salaries, pay bands have been established to a minimum, midpoint, and maximum scale by which job families can grow with merit increases.CSUSA will budget criteria, incentives,and other motivating factors to attract, reward and retain the best employees.A salary worksheet will be used to calculate starting salaries in a fair&consistent manner. Below are the basic criteria utilized to determine starting salaries. Base Salary for Teachers in their initial year(10 Month) • Base Pay:$54,000 • Positive Adjustments for proven expertise and critical shortage subjects or courses o $3,000 for proven expertise in field. o $3,000 for critical shortage subject area/course. • Positive Adjustments to base for Education Credentials o $3,000 for Masters o $5,000 for Specialist o $7,000 for Doctorate • Other Compensation:(to be reevaluated annually and subject to funding availability) o Miami-Dade County Referendum will be added as a stipend to Teacher base pay • Teachers whose certification expires and those who have not received their statement of eligibility from the FL DOE will be classified as "Permanent Substitutes," with a base pay of$47,000 and no eligibility for advanced degree supplements. Permanent substitutes are eligible for referendum pay if they carry a full teaching load. B. PERFORMANCE BASED COMPENSATION Research supports the notion that people are motivated through achievement,recognition,and growth opportunities.Moreover, studies indicate that not only does this contribute to the retention of high quality staff, but also positively impacts student achievement.Consequently,the School will adopt a performance-based compensation plan that includes: • Merit increases for faculty and staff are determined by a robust evaluation tool based on the research of Robert Marzano, in alignment with statutory requirements • A"Cost of Living"adjustment"option may be included in the schedule • Participation in various programs to provide incentive bonuses for teachers • Performance bonuses for Administration based on Academic Performance,Enrollment/Growth and Culture metrics • School wide performance incentive goal—provided to faculty and staff at schools that achieve predetermined school wide academic improvement goals • Stipends(supplements)are offered separately from base pay for Additional Academic Responsibilities,Critical Teacher Shortage Areas,etc. C. MERIT INCREASE SCHEDULE 16 DSAHS COMPENSATION PLAN 24-25 Final Level Instructional staff member scores are calculated by combining the Instructional Practice and Student Performance components of the final evaluation. Please see the school's approved evaluation plan. Budget will determine the Effective teacher's percent increase.This percent increase will fall between 50%-75%of the percent increase that Highly Effective teachers receive per statutory requirements. CSUSA PERFORMANCE EVALUATION RESULTS INSTRUCTIONAL INCREASE* Level 1: UNSATISFACTORY/DEVELOPING/NEEDS IMPROVEMENT 0% Level2:DEVELOPING/NEEDS IMPROVEMENT 0% Level 3:APPLYING/EFFECTIVE 2% Level4:INNOVATIVE/HIGHLY EFFECTIVE 2.67-4% *Merit increases are subject to budget allocation • A"Cost of Living"adjustment option may be included in the schedule,budget permitting • Stipends (supplements) are offered separately from base pay for Additional Academic Responsibilities, including teaching extra periods and student supervision during planning,lunch,before and after school. • Cambridge AICE and College Board AP teachers earn$50 for every passing score earned by their students in alignment with statute. • State recognition funds are voted upon yearly in alignment with statute. 17 DSAHS COMPENSATION PLAN 24-25 00�1 SOFFF� D -j G O c2 �O Rq HIGN This page has intentionally been left blank 18 Don Soffer Aventura High School Operating and Capital Budget Fiscal Year 2024/2025 OON SOFFF� D -j G O cc2 �o �� 5G Rq H1GN Adopting Ordinance 19 CITY OF AVENTURA ORDINANCE NO. 2024- AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, ADOPTING THE ATTACHED DON SOFFER AVENTURA HIGH SCHOOL BUDGET FUND 191 FOR FISCAL YEAR 2024/2025 (JULY 1 — JUNE 30), PURSUANT TO SECTION 4.05 OF THE CITY CHARTER; AUTHORIZING EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; PROVIDING FOR BUDGETARY CONTROL; PROVIDING FOR PERSONNEL AUTHORIZATION; PROVIDING FOR GIFTS AND GRANTS; PROVIDING FOR AMENDMENTS; PROVIDING FOR ENCUMBRANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. The 2024/2025 Operating Budget for the Don Soffer Aventura High School, a copy of said budget being attached hereto and made a part hereof as specifically as if set forth at length herein, be and the same is hereby established and adopted. Section 2. Expenditure of Funds Appropriated in the Budget Authorized. Funds appropriated in the Budget may be expended by and with the approval of the City Manager in accordance with the provisions of the City Charter and applicable law. Funds of the City shall be expended in accordance with the appropriations provided in the Budget adopted by this Ordinance and shall constitute an appropriation of the amounts specified therein. Supplemental appropriations or the reduction of appropriations, if any, shall be made in accordance with Section 4.07 of the City Charter. Section 3. Budgetary Control. The Budget establishes a limitation on expenditures by department total. Said limitation requires that the total sum allocated to the Don Soffer Aventura High School Fund may not be increased or decreased without specific authorization by a duly-enacted Resolution affecting such amendment or transfer. Therefore, if requested by the Principal of Don Soffer Aventura High School, the City 20 Manager may authorize transfers from one individual line item account to another, so long as the line item accounts are within the same department and fund. Section 4. Personnel Authorization. The "Personnel Allocation Summary" enumerates all authorized budgeted positions. However, if requested by the Principal of Don Soffer Aventura High School, the City Manager may amend said authorized budgeted positions in order to address the operating needs of the department so long as sufficient budgeted funds are available. Section 5. Grants and Gifts. When the City of Aventura receives monies from any source, be it private or governmental, by Grant, Gift, or otherwise, to which there is attached as a condition of acceptance any limitation regarding the use or expenditures of the monies received, the funds so received need not be shown in the Operating Budget nor shall said budget be subject to amendment of expenditures as a result of the receipt of said monies, but said monies shall only be disbursed and applied toward the purposes for which the said funds were received. To ensure the integrity of the Operating Budget, and the integrity of the monies received by the City under Grants or Gifts, all monies received as contemplated above must, upon receipt, be segregated and accounted for based upon generally accepted accounting principles and where appropriate, placed into separate and individual trust and/or escrow accounts from which any money drawn may only be disbursed and applied within the limitations placed upon the Gift or Grant as aforesaid. Section 6. Amendments. Upon the passage and adoption of the Don Soffer Aventura High School Fund Budget for the City of Aventura, if the City Manager determines that the Department Total will exceed its original appropriation, the City Manager is hereby authorized and directed to prepare such Ordinances as may be necessary and proper to modify any line item from the Budget hereby. Section 7. Encumbrances. All outstanding encumbrances on June 30, 2024 shall lapse at that time; and all capital outlay encumbrances and/or capital outlay expenditures not spent during the fiscal year may be re-appropriated in the 2024/2025 fiscal year. 21 Section 8. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 9. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner who moved its adoption on first reading. This motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Am it Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg 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 Am it Bloom Commissioner Rachel S. Friedland Commissioner Billy Joel Commissioner Paul A. Kruss 22 Commissioner Dr. Linda Marks Commissioner Michael Stern Mayor Howard S. Weinberg PASSED on first reading this 18th day of April, 2024. PASSED AND ADOPTED on second reading this 13th day of June, 2024. HOWARD S. WEINBERG, ESQ. MAYOR ATTEST: ELLISA L. HORVATH, MMC CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 23 QOVA SOP D j G O c,L �o Rq HIGN Don Soffer Aventura High School 3151 NE 213th Street Aventura, Florida 33180 Office Telephone: (786) 481-3032 Website: https://aventuracharterhs.org/ a N O \ N N � earl N N � eMl N N _ � • 0 � OQ •• � eMl N �z • ti y v � eNl eml N a e�l ecal N m M o n a N a eel eel N M eel eel N M v N W u+ a N o0 M O n eel eel N eel N N eel N N Y • e M O M eO1 e^I N M � eel N N N eNl eml N • N Of b m O N N 0 b W Vf eel N M eel eel N a eel eel N • eel W 1l1 N Of a eel 00 1l1 Y O I� a eel N N eel eel N ry� eel eel N Lu Y eel N N ry� eel eel N N m eel N M • Ln M o n o n a N e M O � eel N N M eel eel N M N m eel N M N i N N Of b N m b m O !y Vf N 0 3 eel eel N eel N M eel N N p eel I� N .r, a eel W 1l1 !y 1l1 N Of ^ a eel 00 a N d C d eel eel N eel N N eel N N C N £ � � 3 N 2 ad+ O a Z a M eO1 e^I N � earl N N Z R s Y Y d Y d 'd6 O N Of e�l N M e e d v o, � e �o M O M • n N m M �+ N Of eel N M � eel N N a eel eel N _p N W d — iF N Of N Of b O n a G z� V1 N N ey eel N M eel eel N U e Z C 6 a 6 earl N N a ell ell N N m ell N 0 a ` o w a � x � e M O N m o n aL m u+ N m y 'ba N N eeN N N N y d d J F F a' Co W N eNl eml N N m e�l N 0 � � N 0 N `� 00 r-I N N r- N N m 0 � r-iN N m N O � r-I N � r-I N N � f'V °l r-I N N r-I r-I N • .N-I r�-I N r-I r-i 00 N ■ ■ r-I 00 IIl r-I r-I N M r-I N c-I M r-I In r-I 00 M O I- r-I r1i r� f'V r1i r� f'V N 0 M O� r^-I N M rM-I r1i rNi rN-I r�-I f'V 0 .• s Ln • C'4 °l l0 M O f'V °l lO r� 00 111 VN -i N M r-i r-i N r-i r-i N N • s Ln �^ � r-i 00 rLr)-I 00 N M rr--I N wJ N = N N N M r�-I N N °l r�-I N L L m A� W � Q V rMI ON N M N m N r-iN mm rq o U � L ra r1 00 hO r-I N -1 00 Ln CO Ln N °l r-I 00 m j N 0• >, -i -i N -i r J r 4 r-i r*4 r*4 N O > Y w LL 2 -; o I- r I oo M O rl N o QM r-I fV N r-i N N to .O O � Y to 'O O l0 M O M O r- r1i °l lO O N O N Q1 r-I r 4 M r� N r 4 r� r� 0cQ) J > d G c Ln � fl- o N ri N Cr) r i N OM lO rM-I ON N r�-I � N N m U ri Z 00 r�I N N rN-I Cr) N M O r�-I N O a o o > O N c-I 00 t r-I 00 Ln N Ql lO m O d to ra r�-I N N ri r-I C 4 r-I N M c fO o O i a O F- m O r- O r- � r-I Ln f V °l ° N MN u Ofr-I rj f'V M r-I r-I NM `� 00 -i r-4 r1i .� UO N N W W U J J OC N m -I r r -I IN N