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09-24-2001 A '!be City of 1"\.ventura Ii} ~ '1'..1'..... City r.nrnrnu.fnn Jeffrey M. Perlow, Mayor City MllnW' Eric M. Soroka Arthur Berger Jay R. Beskin Ken Cohen Harry Holzberg Manny Grossman Patricia Rogers-Libert Ci(yat:d Teresa M. Soroka, CMC Ci(y AttonJC;:v Weiss Serota Helfman Pastoriza & Guedes COMMISSION MEETING September 24,2001 5:50 P.M. (laID'MngBOOgetHearin~) Avemura Gnvemnlt:nt Center 19200 West Country Cluh Drive Aventura, FIorK.la33180 1. CALL TO ORDER\ROLL CALL 2. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any member of the Commission, that item must be removed from the Consent Agenda and considered separately. A. MOTION TO ACCEPT AND AUTHORIZE CITY MANAGER TO FILE AVENTURA CHARTER ELEMENTARY SCHOOL APPLICATION WITH THE MIAMI-DADE COUNTY SCHOOL BOARD B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA AMENDING RESOLUTION NO. 99-48 WHICH ESTABLISHES PROCEDURES FOR COMMISSION TRAVEL AND EXPENSES; AND PROVIDING FOR AN EFFECTIVE DATE. C. MOTION TO AUTHORIZE AND APPROVE THE APPOINTMENT OF COMMISSIONER PATRICIA ROGERS-LIBERT TO THE FLORIDA LEAGUE OF CITIES' URBAN ADMINISTRATION COMMITTEE AND NATIONAL LEAGUE OF CITIES' COMMUNITY AND ECONOMIC DEVELOPMENT STEERING COMMITTEE; AND VICE MAYOR KEN COHEN TO THE FLORIDA LEAGUE OF CITIES' CRIMINAL JUSTICE, ETHICS AND PERSONNEL COMMITTEE; FEDERAL ACTION STRIKE TEAM AND NATIONAL LEAGUE OF CITIES' PUBLIC SAFETY AND CRIME PREVENTION COMMITTEE. D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S PROPERTY AND LIABILITY INSURANCE TO THE FLORIDA MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE Sep\llmbllr 24,2001 Special MeetiDg 3. RESOLUTIONS: A. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE A VENTURA CHARTER ELEMENTARY SCHOOL FACILITY BETWEEN THE CITY OF A VENTURA AND CHARTER SCHOOLHOUSE DEVELOPERS, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. 4. ADJOURNMENT. This meeting is open to the public. ]n accordance with the Ameril:ans with Disabilities Act of 1990, 1111 persons who are disabled and wm need special accolI\l1Tldations to participate in this meeting because of that disahility smuld contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such proceeding. One or mm: members of the City's advisory boards may he in attendance. Anyone wishing to appeal Wly decision made by the City of Aventura City Conllnission with respect to any matter considered at such meeting or hearing will need a record of the pl\lceedings wid, for such purpose, may need 10 ensure that a verbatim record of the proceedings is mooe, which record includes the testirmny and evidence upon which the appeal is to be based. Agenda items may be viewed at the Office of the City Clerk. City of Aventura Govenunent Center. 19200 West Country Cluh Drive. Aventura. FkHida. 33180. An)'{llle wishing to obtain a copy of Wly agenda item shoukl contacl Ihe CilyClerk al 305-466-8901. 2 ..--- CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM FROM: TO: DATE: SUBJECT: Motion to Accept and Authorize City Manager to File Charter School Application September 24, 2001 City Commission Meeting Agenda Item ~ RECOMMENDATION ---- It is recommended that the City Commission adopt the following motion: "Motion to Accept and Authorize City Manager to File the Aventura Charter Elementary School Application With the Miami-Dade County School Board." BACKGROUND In accordance with the Miami-Dade County School Board requirements all applications for charter schools must be received by October 1 st. The attached application has been developed and prepared by Charter Schools USA with input and review by Kathy Wilbur and myself. The application includes the information contained in RFP #01-06-01-2 and policies and discussion subjects related to the school operations previously discussed with the City Commission. The application is for an elementary school (K-5) for 600 students to be located at 3333 N.E. 188th Street. The application is reviewed by several committees of the School Board, at which time the School Board has sixty (60) days to approve or deny the application. It should be pointed out, our application is the first one filed on behalf of a municipality in Miami-Dade County. If the application is approved, we will then be required to enter into a contract with the School Board. If you have any questions, please feel free to contact me. - EMS/aca Attachment CC01007-01 ,~ - II Draft II A ventura Charter Elementary School (ACES) r--.J A Charter School-In - The- Municipalityr--.J MIAMI-DADE COUNTY PUBLIC SCHOOLS Charter School Application 2002-2003 October 1, 2001 - - MIAMI-DADE COUNTY PUBLIC SCHOOLS 2002-2003 CHARTER SCHOOL ApPLICATION PART I A. GENERAL INFORMATION Name of charter school: A ventura Charter Elementary School (ACES) Name of Founder: City of A ventura Address: c/o Eric M. Soroka, City Manager 19200 West Country Club Drive City, State, Zip Code: A ventura, Florida 33180 Telephone Number: (305) 466-8901 Fax Number: (305) 466-8919 E-Mail Address: sorokae@cityofaventura.com Name of contact person: Tiffanie Pauline, Director Charter Schools USA Address: 6245 North Federal Highway, 5th Floor City, State, Zip Code: Fort Lauderdale, Florida 33308 ..-. Telephone Number: (954) 202-3500 Fax Number: (954) 202-1855 E-Mail Address: tpauline@charterschoolsusa.com . Have you/will you file an application to charter this proposed school, with other entities? YES ..x_ NO . Please provide a brief description of the proposed school. A ventura is characterized by a growing population of younger families with school-aged children; therefore, the City of Aventura wishes to develop a municipally sponsored elementary charter school to open for the 2003- 2004 school year. This school will be the first elementary public school within the City's limits. ACES will serve up to 600 students in kindergarten through fifth grades. The goal of the academic program is to establish a flexible "open framework" that supports creativity, high standards and a solid academic foundation for students. The School will be housed in a state-of-the-art educational facility. The proposed location of the school is 333 NE 188th Street, adjacent to a planned community and recreation center. B. Student Enrollment Breakdown by Year Year 1: Grade(s) K-5 Up to 600 Students (maximum capacity) Year 2: Grade(s) K-5 Up to 2QQ Students (maximum capacity) Year 3: Grade(s) K-5 Up to 2QQ Students (maximum capacity) Year 4: Grade(s) ~ Up to 2QQ Students (maximum capacity) Year 5: Grade(s) ~ Up to 2QQ Students (maximum capacity) .-. Years 6 -15: Grade(s) ~ Up to 2QQ Students (maximum capacity) C. Long Range Goals .- The long-term vision of A ventura Charter Elementary School (ACES) is to create within public education a school with a clear focus, high academic standards and student achievement within a context of developing student values and moral character. ACES will be a true neighborhood school for the children of Aventura. In addition, the school's capacity should alleviate some of the overcrowding concerns of the schools in the surrounding communities. Long-Range Goals 1. Students will perform at the Florida Sunshine State Standard benchmark requirement or higher by year 5. 2. Students will demonstrate mastery of the curriculum competencies at a minimum of 80% achievement by year 5. 3. Students and parents will have a wide range of assessment information including portfolios, grade reports, norm-referenced tests, criterion-referenced tests, and state assessment tests to evaluate the students' achievements and progress. 4. Students will demonstrate synthetic reasoning skills utilizing interdisciplinary connections through presentation modes such as oral reports, PowerPoint presentations, visual arts or other appropriate media by year 5. 5. Students will demonstrate mastery of cooperative learning techniques with a culminating science project that requires group investigation of a school prescribed topic utilizing the scientific method. The students will present their projects at an annual science fair. D. Proposed Facility .- The school will be housed in a modem educational facility developed by Charter Schoolhouse Developers, Inc. and designed by Wolfberg Alvarez and Partners. The school will be a two-story 44,000 square foot facility located on approximately three acres ofland. E. Location The proposed location of the Aventura Charter Elementary School is 3333 NE 188th Street, Aventura, Florida 33180, less than a mile from the Government Center and Founder's Park. The City of Aventura is currently developing a community and recreation center on a 2.8 parcel ofland adjacent to the proposed school which will create a true neighborhood school environment. F. Proposed School's Legal Counsel The proposed school will be represented by: Edward J. Pozzuoli Tripp Scott - Attorneys At Law 110 SE 6th Street, 15th Floor Fort Lauderdale, FL 33301 (954) 760-4934 or Weiss, Serota, Helfman, Pastoriza & Guedes, P.A. Attorneys at Law 2665 South Bayshore Drive, Suite 420 Miami, FL 33133 (305) 854-0800 G. Proposed School's Schedule A ventura Charter Elementary School's academic calendar will follow the Miami-Dade County Public Schools' academic calendar with the exception of half-days; in which case, the students will attend full days. ACES's school calendar will consist of approximately 185 days of instruction per year. ..- MIAMI-DADE COUNTY PUBLIC SCHOOLS ...-. 2001-2002 CHARTER SCHOOL ApPLICATION A PROPOSAL FOR A VENTURA CHARTER ELEMENTARY SCHOOL (ACES) PART II Charter Schools USA, on behalf of the City of A ventura, is submitting this application to Miami-Dade County Public Schools (hereinafter referred to as "MDCPS") for the Aventura Charter Elementary School (hereinafter referred to as the "A CES"). I. ACADEMIC DESIGN A. Mission 1. Describe the core philosophy and/or underlying purpose of the proposed school. The City of Aventura, once a small and quiet community, has become home to over 26,000 residents from all walks of life. Many of these residents are young families with school-aged children. Since there is not currently a public school within the confines of the City of A ventura, the school-aged children must venture outside the City's limits to attend traditional public schools in nearby communities. The City of Aventura is committed to providing an impeccable quality of life for its residents, both young and old. In response to the community's desire for a neighborhood school in a safe and secure environment, the City of A ventura proposes to provide its residents with an education choice for their children in grades K-5 for the 2003-2004 academic year. In doing so, ACES will not only serve the needs of its residents, but a school of this capacity will also help alleviate some of the county's growing educational needs. ISee Exhibit A - City of Aventura Overview]. ,~- The mission of ACES is aligned with that of MDCPS, to support the improvement of student achievement by strengthening instructional leadership, launching innovative systemic initiatives, and disseminating resources that enhance curriculum and instruction. Students will be provided with a challenging, personalized learning experience that ensures the highest measure of intellectual potential and an increased sense of self-esteem. The students will improve their academic achievement, motivation, discipline and self-control through a program utilizing personal educational plans, integrated experiential learning, critical thinking skills, modem languages, recreational and athletic activities, life skills and technology. A CES has, as its core philosophy, the belief that all children can develop as intellectual learners, function as good citizens, learn as individuals in our society and develop as actual or potential workers in our community. Students can be academically successful with all subjects, contributing to their intellectual development. ACES values the traditional classroom teacher and the role the family plays in impacting the students, and it places strong emphasis on the value of new information and technologies to enhance the development of the individual strengths of each of the students. ACES places strong emphasis on identifying each student's learning styles and developing strategies that enable these students to succeed. A CES believes in developing good morals and useful skills in preparing functioning citizens. This charter school will be a modem public school that will lead to improved educational outcomes for its students. It will create a greater sense of community ownership with the students and parents due to its neighborhood school environment, its contractual agreements for parent involvement, a school dress code, and the intense educational program that will focus on developing effective, functioning human beings. The synergy of the low staff-pupil ratio, the goal oriented curriculum and the preparation and teaching experience of the selected staff will provide a high level of consistency between the mission and the educational program. The City of A ventura proposes to develop ACES as the first school in a multi-campus school design. In keeping with the focus on developing the whole child, enrichment programs such as study skills and test preparation classes, music, dance, art programs, clubs and service groups, as well as intramural interscholastic sports will provide students with needed support and social experiences to excel in all facets of life. This involvement will create a greater sense of empowerment due to the parents having the right to choose this type of school for their children and the mandated parental involvement. The comprehensive educational program will focus on developing effective, functioning human beings. Application - Page 1 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 11'':;.'11/ rig/liS n~se/w:.'d, No parr ot"this maleriol may he reproduced or utilized in any.f{n'n/ or!J.v all)' means. Wilholl1ltTi1fel1 j)(:'rmiss;ofl.!i'oll1 Clwrt(~/' Schools USA. 2. Describe the target student population to be served, including the student ages and grade levels. - A CES will provide a unique academic environment for approximately 600 culturally diverse students, ages 5-1 I in Kindergarten through 5th grade. As a charter school-in-the-municipality, ACES will limit the enrollment process to target the children of residents of the City of A ventura according to the Florida State Statute. However, A CES will not discriminate on the basis of race, religion, national or ethnic origin, or exceptionality in the admission of students, in accordance with federal and state anti-discrimination law. ACES shal1: . Be open to any K-S student covered in an interdistrict agreement or residing in the school district. . Limit the enrol1ment process to target K-S students residing in the City of Aventura, and may give enrollment preference to a sibling of a student enrol1ed in the school, a child of a member of the governing board, or a child of an employee of the charter school. . Provide an equal opportunity of being selected for enrollment for students with handicapping conditions and students served in ESOL programs. . Al10w students to withdraw from the school at any time and enroll in another public school in accordance with the policies of MDCPS or district in which they reside. . Enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of the program, class, grade level or building. The school population will consist of the following: School Profile ,- Grades Year 1 Year 2 Year 3 Year 4 Year 5 Years 6 - 15 Kindergarten 100 100 100 100 100 100 1 st grade 100 100 100 100 100 100 2nd grade 100 100 100 100 100 100 3rd grade 100 100 100 100 100 100 4th grade 100 100 100 100 100 100 Sth grade 100 100 100 100 100 100 Total Students 600 600 600 600 600 600 B. Educational Program 1. Describe the educational program of the school, providing an overview of curriculum objectives and content of the main subject. ...,.....--~ ACES will utilize the Charter Schools USA (CSUSA) Core Curriculum. The CSUSA Core Curriculum is a framework that incorporates the formal performance-based Florida Sunshine State Standards and encourages steady academic progress as students build their knowledge and skills from one year to the next. This curriculum uses a spiral, interdisciplinary and conceptual approach to instruction, where concepts and skills continue to be introduced and expanded upon at each grade level. ACES also recognizes that a balanced academic program emphasizes interdisciplinary study, reading and writing across the curriculum, critical thinking skills, cooperative learning projects and infusion of technology throughout the curriculum. Each student will have a Personal Learning Plan (PLP) that will assess his/her skills level when he/she enrol1s in the school, design a path for growth, periodically reassess skill development and alter the plan as needed. Portfolio assessment is fundamental to the development of a good PLP. since only through authentic assessments will each student's strengths become evident. The CSUSA Core Curriculum Framework identifies competencies to be mastered at each grade level. This sequential building of knowledge ensures that children enter each new phase of their academic endeavor prepared to achieve to their highest potential. Therefore, the curriculum framework places emphasis on reading, writing and mathematics as wel1 as modem language, physical education, the arts and Application - Page 2 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ,D.'III rig/us re.H'lw'd. ...Vo pari o(!his marerillJ may he reproduced or utilized ill (}1ly./h}'n! 01' hy all)' melln...'. wi/lima It.,.ilfCrt permission .l1'om Charle'/' :-;chouls {IS:I. technology. The overarching goal of this curriculum is to establish a flexible "open framework" that supports creativity, high standards and a solid academic foundation for the students. - A CES achieves this solid academic foundation and high standard by aligning the CSUSA Core Curriculum with the Florida Sunshine State Standards (as a main description of the instruction students should recognize and learn), the Principles and Standards for School Mathematics (as upheld by the National Council of Teachers of Mathematics), and the National Science Education Standards. With this rigorous and challenging curriculum, A CES strives to enhance the learning potential of students by meeting the needs of all students and expanding the expected knowledge at each grade level beyond the minimum skills required by MDCPS. This structured, yet "open framework" provides the highest of standards while allowing teachers creativity in the presentation and delivery of the curriculum. Additionally, this "open framework" promotes analytical thinking skills necessary for success on the Florida Comprehensive Assessment Test (FCA T). A table revealing a sample of the alignment between the Florida Sunshine State Standards and CSUSA's Core Curriculum is detailed in the following table: .....-... .'- Application. Page 3 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 (f,'):lll rig/liS resc/'l'(,(1. No pari o(this mal(;ria/ fila)' he reproduced Of' utilized ill (llly/orm or hy all)' fJUY/IlS. Wilholl7 \1,'I'il1en permissionfroln Charter S'c/wu/,I,' USA. Sample Standards for Elementary Schools ,.~ Sunshine State Standards CSUSA's Core Curriculum Reading (Grades K-2) Reading/Literature (Grade 2) Standard 1: The student uses the reading process Standard l-E: The student will demonstrate effectively. (LA.A.l.l) comprehension through responding and analyzing fictional and nonfictional selections. Predicts what a passage is about based on its title and The student will generate alternative endings to plots and illustrations. will identify the reason(s) and the impact of the alternatives. Mathematics (Grades 3-5): Algebraic Thinking Mathematics (Grade 5): Numerical and Algebraic Concepts and Operations Standard 2: The student uses expressions, equations, Standard 2-E: The student will solve real-world and inequalities, graphs, and formulas to represent and mathematical problem situations using algebraic interpret situations. (MA.D.2.2) concepts including variables and open sentences. Uses informal methods, such as physical models and The student will represent a given simple problem graphs, to solve real-world problems involving equations situation using diagrams, models, and symbolic and inequalities. expressions translated from verbal phrases or verbal phrases translated from svmbolic expressions, etc. Science (Grades 3-5): The Nature of Science Science (Grade 4): Investigation and Experimentation Standard 2-B: The student will develop solutions to Standard 1: The student uses the scientific processes unfamiliar problems through reasoning and inquiry and habits of mind to solve problems. that includes identifying a question, formulating a (SC.H.1.2) hypothesis, controlling and manipulating variables, devising experiments, predicting outcomes, comparing and analyzing results, and defending conclusions. Knows that it is important to keep accurate records and The student will conduct multiple trials to test a descriptions to provide information and clues on causes prediction and draw conclusions about the relationship of discrepancies in repeated experiments. between predictions and results. Social Studies (Grades K-2): Geography Social Studies (Grade 1): Geography Standard 2: The student understands the interactions Standard 3-D: The student will investigate how of people and the physical environment. (SS.B.2.1) economic, political, and cultural processes interact to shape patterns of human migration and settlement. Knows how different communities have changed The student will describe life in urban areas and physically and demographically. communities of various cultures of the world at various times in historY. /~ - Application - Page 4 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ij::).'111 rig/liS re'.;en'ed j\'o pan o(this ma.terial mar he reproduced or utilized ill (lJlyjiH'm OJ' bvall)' meal/S, l-Filhou; HTillel1 J)(!rmi.~'si()flji'()m Chart!!r SellOuts USA. "~ At the base of all forms of interdisciplinary curriculum is the concept of knowledge as divided into "subjects" or "disciplines" which are woven together to make their connections apparent to students; the sanctity of the subject matter or discipline remains intact. Students will experience an expanded range of disciplines and a variety of teaching methods. The program will focus on each student's individual learning style with interactive studies in language arts, reading, mathematics, science, social studies, geography, music, art, study skills, foreign language, physical education and technology. As a student moves through grades one through five, there is an added emphasis on organizational skills and individual oral and written reports. The following is a brief overview description of the curriculum for each discipline. Reading The primary goal of the reading program is to help the students understand what they read, effectively express what they mean, and apply these skills to all areas of the curriculum. The use of multi-level tests, computer programs, and a wide variety of novels help each child master the skills needed to achieve early independence in reading. The novels cover a broad scope of interests that encourage personal development through reading. A firm foundation of reading skills is developed through a strong phonies program to provide word attack and word analysis skills and the acquisition of decoding skills. During daily reading periods, teachers use numerous approaches to develop and strengthen skills of comprehension. Informal discussions of stories promote inferential skill development and frequent oral reading encourages expressiveness. Children learn to appreciate literature and their own creative stories. Students further develop the reading habit at an early age as they participate in the home-centered reading programs which involves parents in an "at - home" reading program established by the school. Language Arts ~ Each student gains a firm foundation of language skills through the CSUSA Core Curriculum. The basic understanding of the mechanics and structure of the English language is a major goal. The Core Curriculum emphasizes the formation of good listening, writing, and speaking skills. Students improve speaking, listening, and spelling abilities through small and large group instruction. Teachers will provide daily opportunities to apply the skills learned in both writing and speaking activities. All primary students participate in activities which develop important basic concepts and foster creative expression. The curriculum builds upon and extends language concepts developed earlier. The Core Curriculum emphasizes traditional grammar, including parts of speech; students must analyze and eventually learn to diagram sentences. Spelling and vocabulary development are continued, and composition skills are extended through both formal and creative writing assignments. Language Arts is integrated into all areas of the curriculum. Teachers will evaluate students for skill development as they refine their skills while writing in their journals, reviewing current events, studying mathematical word problems, and enjoying multicultural literature. Mathematics The Core Curriculum guides students towards understanding fundamental concepts and developing the ability to apply their knowledge in problem solving. All grades use word problems to promote analytical thinking skills. Emphasis is based upon mastery of basic operations and the importance of accuracy in computation. Challenging enrichment activities for high achievers are provided to broaden and extend concept understanding. ,- The academic program and materials will appeal to the child's intuitive feelings about numbers. Teachers will use various manipulative materials before moving students to paper and pencil tasks. An understanding of the number system, including the relationship among basic operations, is stressed along with inequalities and place value. Additional areas of emphasis include telling time, counting money, measurement, complex equations, and basic algebraic and geometric concepts. Application - Page 5 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ~/~:J// rig/us reserl'ed. No !Jurt oOhis malcril1/ /JIIlY he rep"Olb/('(~d or utilized ill anyJiJl'f1/ OJ' bv allY l1Ie!lIls, wiThuut a'rif/c/1 l)(:.'J"mission./i'oll1 C'/wrter 5'c/wu/s US.-I. Science - The science curriculum enhances the child's natural curiosity about the environment and augments the awe and wonder of inquiries and discoveries. Students, working with others and by themselves, will use the senses and hands-on manipulation of objects to build a strong foundation of concepts. Science is a process, a way of thinking about and investigating the world in which we live. Through guided observations, students learn to notice as much as possible about objects and events, paying close attention to detail. Developing their own questions and performing investigations and experiments in a safe environment, students will use the processes of scientific investigation to design, predict, conduct, observe, measure, describe, gather data and evaluate while communicating and recording their observations. Students start to build knowledge about the properties of the physical world as they explore, examine, classify and manipulate common objects in their environment and note their similarities and differences. They also begin building their knowledge through observing, investigating, describing and explaining characteristics and structures of living things, the processes of life (life cycles) and how living things interact with each other and their environment. Awareness about the Earth through experiences in comparing, contrasting and describing earthly materials is also a vital part of the science curriculum. Social Studies The social studies curriculum uses a sequential approach to unify history and the social sciences and promotes the development of concepts and the mastery of methods of inquiry. Students gain an understanding of the major factors which have influenced the structures of society from earliest times to present day. The faculty teaches geographic skills in every grade, and classes regularly discuss current events. Teachers also seek to educate students to become effective and contributing members of their community, to increase their understanding of privileges and responsibilities of citizenship, and to instill a feeling of patriotism and national identity. Field trips are an extension of classroom learning that assists students in the application of knowledge about local, state, and national government. ,..~ Concepts of home and community are reviewed and extended. Students gain a broader understanding of living in communities through the study of both similar and diverse societies. Influence of geographic, cultural, and economic factors is emphasized in the core cuniculum. Modern Language Modem language is a required subject. The CSUSA Core Curriculum places emphasis on four basic components of language acquisition, which are listening, speaking, reading and writing. The goal is to develop the conversational and written skills required for living in a diverse environment. Another vital component in the CSUSA Core Curriculum is that students build an understanding of the relationship between perspectives and products of the culture being studied. Application of this knowledge affords them the ability to recognize cultural practices and uniqueness of various communities. Based on the demographics of the community and the student population, the School Advisory Board, administration and faculty will determine which modem language(s) will be offered prior to the start of the school year. Choices may include, but are not limited to, Spanish, French, Portuguese, Creole, and American Sign Language. Technology .-. ACES recognizes and embraces the important role technology plays in educating children to prepare them for the opportunities of tomorrow. Technology has proven invaluable as not only a skills based tool for children to learn, but also an additional tool to assist teachers in providing targeted, effective learning strategies for successful educational outcomes. ACES's philosophy of the role of technology in the classroom is based on three concepts. First, technology is the core for learning. Second, technology must be ubiquitous, (i.e., readily accessible to teachers and students in the classroom and all areas where learning takes place). Third, educational use of the Internet broadens and deepens students' knowledge and academic achievement. Students will also learn basic keyboarding, word processing, and multi- media software. Appropriate use of the Internet will be ensured via the installation of software filters Application - Page 6 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 :D:llll'ighls resl'},l'(:'d. Ao /)(U'l oOllis mmerio} may he reproduced OJ' utilized ill anyjinm ()}' b~' an)' m('1lI1S. ...."jr/ima ItTiTlell permi..,siotlfj'om Clwrl{?r .'j'e/IO(}ls USA. designed to block access to those sites deemed unsuitable for student access including pornographic sites. Supervision by faculty and staff will further ensure appropriate student use of the Internet. A solid foundation of computer skills that enhance the whole learning experience is vital. <"~ Physical Education Physical education will include a variety of developmental activities emphasizing fine and gross motor skill development. The kindergarten through second grade curriculum is focused on movement exploration through various locomotor and non-locomotor experiences and includes instruction in keeping their growing bodies healthy, clean and out of harm's way (health/nutrition, drug prevention, first aid, safety and exercise). Physical education in grades three through five allow students to interact in team sports that also contribute to developing habits of good sportsmanship. The curriculum emphasizes physical fitness and a basic application of individual skills in a team sport environment. Good sportsmanship and cooperation are stressed at all levels. AI:! The main goal in art is to provide every student an opportunity to develop and explore his or her creative potential. Specialists will encourage skill development and artistic adventure as they guide students to create and express themselves in both realistic and abstract models. Students will develop art skills, including an aesthetic awareness of art forms in nature, an appreciation of different artistic styles and the confidence to use art as a mode of personal expression. Art provides students a way of exploring the world beyond what they have experienced thus far in their lives and serves as a "cultural window" to a larger and richer world. Students will get practice imagining, experimenting, solving problems, thinking independently and making their own decisions. Mmk - The music curriculum includes both vocal and instrumental music. Specialists will introduce students to both music skills and knowledge of various types of music literature. Skills and techniques are developed throughout all grade levels. These include rhythm reading, melodic reading and appropriate dictation. Creation and communication is another important part of the curriculum. As a Fine Art, music provides students a way of exploring the world beyond their everyday experiences and serves as a "cultural window" to a larger and richer world. Thus, aesthetic and critical analyses help students comprehend the difference between knowing and understanding in the arts. The last area included in this field is application to life. Real applications of music within the cUlTiculum helps students connect the impact of music to their everyday lives. 2. Identify five to seven long-range goals for the duration of the contract. The long-term vision of ACES is to create within public education a school with a clear focus, high academic standards and student achievement within a context of developing student values and moral character. ACES will be a true neighborhood school for the children of Aventura and with the provision of new school capacity, it will alleviate some of the overcrowding concerns in Miami-Dade County. It is imperative that the school develops a foundation that equips each student with the appropriate skills needed to enhance their quality of life. The mission of A CES is to educate and empower the students, with the assistance of parents, staff, and community, to think clearly and to reinforce values system that will train students to act justly. The goal is to create a small school environment that will focus on the development of each student. The curriculum is designed to address the mental, physical and emotional needs of each student. Failure will not be an option, and ACES will leave no student behind. ~ The basic educational philosophy is rooted in Piaget's stages of development, Beverly Tatum Daniel's stages of identity, Kohlberg' s moral reasoning and Howard Gardner's Theory of Multiple Intelligences. Essentially the philosophy is that "every child can learn" given appropriate learning tools and opportunities using a variety of teaching strategies that match the student's learning style. To effect this Application - Page 7 of 42 Aventura Charter Elementary School City of Aventura Drafl- 9/01 <:~;).,1I1 rig/liS resen:ed i\"() pan o(this marer!l" may he reproduced o/' Lllilized in {}II)'.fi)J'fJ/ or by allY mellns. wil/JOW IV/";IIi'/1 pennission.!,"of/7 ell/Trier 5'dwols [.is-I. .- philosophy and pedagogy the school will develop for each child a personal 'Iearning plan that includes benchmark standardized testing, a parent assessment of the child's strengths and areas of need, and teacher assessments. It will also include a statement from each child listing his/her own academic self- assessment. Teachers will be trained in the various teaching methods that are built upon the school philosophy to maximize students' learning potential. Long-Range Goals I. Students will perform at the Florida Sunshine State Standard benchmark requirement or higher by year 5. 2. Students will demonstrate mastery of the curriculum competencies at a mInImum of 80% achievement by year 5. 3. Students and parents will have a wide range of assessment information including portfolios, grade reports, norm-referenced tests, criterion-referenced tests, and state assessment tests to evaluate the students' achievements and progress. 4. Students will demonstrate synthetic reasoning skills utilizing interdisciplinary connections through presentation modes such as oral reports, PowerPoint presentations, visual arts or other appropriate media by year 5. 5. Students will demonstrate mastery of cooperative learning techniques with a culminating science project that requires group investigation of a school prescribed topic utilizing the scientific method. The students will present their projects at an annual science fair. Additional Goals The following character education goals are interwoven with the CSUSA Core Curriculum. These goals focus on development of individual responsibility, promotion of the common good and definition of a sense of belonging and community involvement. The character education objectives address the following goals. - Individual resDonsibility . Demonstrate responsibility in following rules of the school, taking care of themselves, and other areas in which they have some personal involvement . Demonstrate reliability in terms of meeting deadlines, attendance to school, and having the necessary tools for learning (i.e. pencils, notebooks) . Demonstrate an appreciation for accountability by taking responsibility for their actions and behavior (This is an opportunity to learn from mistakes.) . Dependability . Demonstrate integrity . Exercise self discipline especially in group activities SUDDorting the Common Good . Demonstrate respect by showing consideration of others . Utilize tolerance by respecting and recognizing others backgrounds, beliefs, practices, and differences . Demonstrate kindness by being caring, helpful, thoughtful and considerate . Differentiate the value of supporting and promoting the common good versus individual needs Sense Qf Community . . . . - . Be truthful, trustworthy and upright Volunteering to serve to make the school stronger Practice good citizenship by knowing, understanding and following rules of school and laws Serve as a productive, cooperative member of the school community Understand patriotism by displaying high regard for laws, government and the diverse heritage of our country Application - Page 8 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ;..c,),-Jl/ rigllls re,\Trl'ed j\'() pari o(this material may he reproduced 0/' utilized ill (llly.lhrm or hv any mellns, 'l'ir/lO'" wrillen p(;'rmi.~',\'i()lIjimn Charter S'c/lOO/S USA. 3. Provide a list of the specific measurable objectives for the first year of the initial contract. These objectives will be part of the Schoo] Improvement Plan and will be evaluated annually. "'...-.., The curriculum objectives will parallel those stated in the Sunshine State Standards. ]n addition to evaluating the charter's success on objectives stated in the application, all charter schools will be held accountable for meeting the State's student performance requirements as delineated in State Board Rule 6A-1.0991, Implementation of Florida's System of School Accountability. Specific Authority 299.053, 299.0535, 299.592, Florida Statutes. In accordance with Florida Student performance requirements as delineated in State Board Rule 6A- 1.0991, Implementation of Florida's system of School Improvement and Accountability, ACES sets the following student performance objectives: · All students will maintain a portfolio demonstrating and charting improvement and mastery of skills required at that grade level. This portfolio will be part of the Personal Learning Plan, which is the compendium of parent, student and teacher conferences. This plan establishes academic goals for each individual student in relation to his/her perfomlance and progress. 70% of students' test scores will improve by ten (10) percentage points in standardized reading tests - CTBS (Comprehensive Test of Basic Skills). Achievement in Sunshine States assessments will be at the following levels in grades 3-5: · 50% or more of the students will score at level 3 and above in reading on the FCA T by the end of the third year. · 50'% or more of the students will score at level 3 and above on the FCA T mathematics assessment by the end of the th ird year. · 80%) or more of the students will score at level 4 and above ion FCA T Writes by the end of the third year. · For all grades except kindergarten, * there will be an increase of 10 percentage points between the pre and post tests of the CTBS in reading, language arts and mathematics. The CTBS test will be administered in the fall and late spring of each year. *There is no pre-test for kindergartners with the CTBS. Overall Measurab]e Objectives Grades K-5 70% of students' test scores will improve by ten (]O) percentage points CTBS administered by the school over the first test administration in the fall of year I. Reading All students will maintain a portfolio demonstrating and charting improvement and mastery of skills required at that grade level. Individual students' test scores in the mathematics section of the CTBS will Mathematics improve by ten (10) percentage points over the first administration of the test. Students will perform on the average, at or above national stanines on the CTBS. "'~ Application - Page 9 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 diY.-11I rig/liS reserw_'d. No pan o/this material may he repr()dl/Ci~d or utilized in (JJl)'frn"n1 OJ' b.\' all)' means, willlOUT H'rillen permissionfi"om Charter .'k:luwh. US.-L 4. Briefly outline the instructional methods to be used, including any distinctive instructional techniques to be employed. Describe how this pedagogy enhances student learning. c~ Students will be responsible for their behavior through student centered learning where they will be given choices as to how to achieve or proceed with the task at hand. Teachers will select core objectives, organize centers around subject matter, and develop instructional plans. These efforts will determine how childrcn work, use materials and resources, and will participate in a rich, well-balanced curriculum. The methods and techniques used will challenge students while still providing a solid foundation in all academic areas. Staff development will enable teachers to identify and use best teaching practices and techniques that address the identified needs of their students. Methods and techniques include, but are not limited to the following: . Active student involvement with hands-on activities; . Classroom roundtable discussions, projects and cooperative learning groups; . Model direct instruction, questioning, monitoring, coaching and observing; . Use of discovery techniques that have students make generalizations, recognize patterns and identify relationships that promote long-term retention of material; . Continual evaluation of student progress using standardized achievement tests, anecdotal records, aptitude tests, portfolios, writing samples, computer assisted learning samples and tests, and teacher observation; . An incentive program designed to reward students who attend school regularly and who excel in academics; . Opportunities to mentor younger students and partner with peers in team building exercises; . Integration of technology, life skills, modem language and fine arts into the core curriculum . Remediation and tutorial services for students who may have a tendency towards academic deficiencies/failure; . Use of experiential learning activities; . Structured, cooperative group activities that promote critical thinking, problem solving, decision making, networking and subject mastery; . Maximum opportunity for individuals to perform time-on-task activities that differ from other members of the class; . Use and implementation of a personal education plan for every student; . CSUSA's Curriculum which has included Gardner's Theory of Multiple Intelligences; . Use of the school-within-a-school model which provides opportunities for house meetings that are designed to allow students to become responsible for their classroom environment in terms of academic tasks and respect for one another; . Training for skill and concept development through modeling, mapping, webbing, charting, diagramming and graphing; and . Implementation of conceptual instruction. Pedagogy and Enhanced Student Learning Direct instruction unquestionably produces students who master basic skills and accomplish academic goals. Learning the basics at the lower educational levels provides the groundwork for a student's future success in school. The more time a teacher takes to teach directly, the more students are likely to learn. Therefore, the low staff-to-student ratio and the allocation of individual time as needed will accommodate both individual learning and group learning to maximize the educational outcome of each student. According to the research on learning fields, teachers should recognize the importance of their relationship with each student and begin to empower them to become more independent in their own learning. Thus teachers are central to the learning process and must include a range and variety of teaching methods to help their students achieve. Students who move into the independent learning field are more likely to personalize and apply their knowledge in their every day lives. ~ Today's educators face a tremendous challenge of drawing classroom experiences from all available sources in order to provide students a solid academic foundation. Students need to learn how to become better learners. Every teacher needs a repertoire of instructional strategies that range from methods of Application - Page 10 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 J~.'J/I rig/liS resern'd. A'(} pan o(this material may he reproduced or ulWzed ill (Jlly.li')/'nt 0,. f~~' all)' mcul1s. Il'ilhOl" IiFillcn penf1i,~si()l1.trf)m Clwrler SellOuts {.is.,!, "'~ direct instruction to cooperative and small group work. No one method will work for a single teacher or for all students every day. Also, different goals, and different contexts all demand the thoughtful use of a variety of instructional strategies. Each teacher needs to thoughtfully weigh teaching options and tools, making decisions about what methods best meet instructional goals and the learning needs for the students for a given unit of instruction. 5. Describe how your school will meet the needs of Exceptional Student Education and limited English proficient populations. Exceptional students shall be provided with programs implemented in accordance with federal and state laws, and local policies and procedures; and, specifically, the Individuals with Disabilities in Education Act (IDEA), Section 504 of the Rehabilitation Act of 1973, sections 228.2001 and 230.023 (4)(m) of the Florida Statutes, HB 403, and Chapter 6A-6 of the Florida Administrative Code. This includes but is not limited to: 1. A Non-Discriminatory Policy Regarding Identification, Location, Evaluation and Selection. 2. Free and appropriate public education (FAPE). 3. Individual education plans (IEP) to include IEP meetings with the parents and the IEP Committee. ~ Based upon teacher or parent referral, students will be referred to the child study team. This team will consist of teachers, specialists, administration and parents. First, the team identifies whether the concern is academic and/or behavioral in nature. Interventions will be established by the team and agreed upon by the teachers and parents. The interventions will be attempted for a minimum of three weeks, at which time the committee then reconvenes. Documentation of the interventions is then reviewed to evaluate if the strategies are successful. If the strategies are successful the child study team continues to monitor on a monthly or as needed basis. If the interventions are not effective, an additional set of interventions will be deployed for another three weeks. At this point, a psychologist from the district and a Local Educalion Agent (LEA) representative will be added to the team to determine the appropriateness of an Exceptional Student Education packet and to administer psychological evaluation. The IEP Committee, fomled from individuals in the above groups, will determine the placement of students in the least restrictive environment as follows: 1. They will make placement decisions and ensure that the individual instructional needs of the exceptional student are reflected in the student's IEP. 2. They will review placement decisions annually at the IEP review meeting. 3. They will ensure the most appropriate placement occurs for the student based on that student's needs. 4. All students coming from another school will have their cumulative folder evaluated to determine their eligibility status to receive exceptional student educational services. Services will be provided through contracts with an appropriate agency if necessary, or a staff member will be employed having the appropriate certificate in that exceptionality. A CES will utilize an inclusion model in each classroom and will educate students with disabilities in the least restrictive environment. We believe that it is very important that each student have the opportunity to learn and grow within his or her community so that each student will be a productive citizen upon graduation from school. A varying exceptionality teacher will work collaboratively with classroom teachers. English as a Second Language (ESOL) students are identified through the registration process. If parents acknowledge English is a second language in the home, then the student is referred to the ESOL liaison for possible screening. Staff with ESOL certification will serve students with limited proficiency in English The mission of the ESOL program is to prepare and successfully equip bilingual, bicultural, and bi-literate students to meet the needs of their global community. ESOL-certified staff will serve students with limited proficiency in English in accordance with the MDCPS plan. .-. (ESE/Resource Positions: ESE, ESDL needs cannot be established fully until studentjiles are obtained. If, upon review, it is determined that additional staff/services are required, then the school will either Application - Page 11 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 J,"),,111 righls reserved. ,No parr orthis material may he reproduced or utilized ill anY.!fu"n/ or fJ\' (}Il)' means, )VillwUl ItTil1en /)(!rlnissio!l fi'om Charter Schools l/S.'L hire more staff or contract for services. These additional funds have been earmarked in the budget. See line item "Contracted SPED - Instruction" of Exhibit C - Budget. Students requiring ESE/ESOL services will have a weighted FTE, which will fund the increase personnel or services.) .- In order to promote literacy for Limited English Proficient (LEP) students in an ESOL program, a climate that promotes writing is created. Through writing, both the communicative and the grammar- based ESOL Methodologies are accessed and utilized. Process writing is a method of teaching writing that focuses on the communicative processes involved in producing writing. For process writing to be the most effective, it must be understood that the classroom environment must be language-rich, literature-rich, and print-rich. Students need to write frequently and in many modes for authentic audiences. The students will recognize that their writings are valued throughout the writing process. In addition to process writing, semantic mapping is an integrated language teaching strategy that helps activate students' background knowledge, add new information to be learned, and present relationships between concepts and terms by visually displaying information in a variety of ways that relate ideas, concepts, and categories to a central topic. Semantic mapping can be used for vocabulary development, for pre and post-reading, for pre-writing, as a study skill, and/or as an advanced organizer for lesson review. Instructional techniques can and should vary. Teachers may use word banks to provide vocabulary reinforcement through repeated exposure to particular words, to serve as references for spelling and as references for creative writing, to record the reading vocabulary of individual students, to provide examples for group language study, to serve as examples for skill instruction, and to provide independent sentence and vocabulary building activities with word games or matching activities. - Dramatic activities from puppetry to pantomime, from role playing to dance, and from choral speaking and singing to readers' theatre may be employed in the classroom to promote the literacy and learning of LEP students. Implementing drama in the ESOL classroom reinforces the communicative methodology by tapping into Total Physical Response (TPR), the language teaching technique based especially upon the use of physical activity to enhance retention of the target language. To establish background, to promote oral and/or silent reading and study, and to use with follow-up activities, the Directed ReadinglListening/Thinking Activity (DRL T A) instructional method may be used. This activity promotes envisioning, questioning, predicting, and/or analysis before reading and reviewing. A wealth of instructional techniques may be used with DRL T A. A table providing an overview of ESOL Methodology follows: Communicative Grammar-based Total Physical Response (TPR) Grammar Translation Suggestopedia Audiolingual Natural Approach Cognitive Approaches Language Experience Approach (LEA) Functional Approach Strategic- Interaction Method (SI) ,- In the ESOL classroom, a distinction must be made between "language acquisition" and "language learning" because teaching methods differ for each area of development. Language acquisition is acquiring the language learned as well as the grammar rules of the language, whereas language learning is what occurs when an LEP student pays conscious attention to the rules of language. Language Application - Page 12 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ID.-lIl rigltls rescl'l'ed. No pan o{this maIer/oJ fIIay he reproduced or utilized ill GJlyflJrm or by all)' mealls. 'tF;flwlf/ 11.Ti"e11 permi,')'sioll fi"om Charter S'dwols liS-I. learners need contextual support (realia, videos, audiotapes, computers, bulletin boards, visuals, and art and writing materials) to assist them with their learning. Venn diagrams and KWL charts are common graphic organizers that can be used with LEP students acquiring and learning the language. .-. A few strategies teachers will use for increasing the comprehension of content instruction follow: Paraphrasing; Repeating; Explaining; · Demonstrating; · Speaking more slowly; Using visuals, realia, and rich context; Using a variety oftechniques and materials; · Using all modalities; and · Providing meaningful practice. Incorporating cooperative learning and peer tutoring in the ESOL classroom are additional effective means to help students find value in their learning and their ability to assist others. Not only do these interactions promote language use, they also extend student thinking. Additional strategies to continue to extend student thinking follow: Playing devil's advocate; · Allowing for wait time; · Calling on students randomly; · Encouraging student questioning; Withholding judgment; · Surveying the class; and · Utilizing "think-pair-share." "'~ c. Student Assessment 1. Describe your plan to assess student performance in the core academic areas. a. Describe how the baseline student academic achievement levels and prior rates of academic progress will be established. A CES considers evaluation and assessment to be a broad and continuous effort. School organizers realize the importance of evaluating content, process and effect. Proper assessment verifies that students have successfully acquired crucial skills and knowledge. These skills and knowledge are of special value because they are the tools and the base upon which more complex future learning will be built. Assessment at ACES assumes a variety of forms from simple daily observations by a teacher in a classroom to highly sophisticated program audit. ACES will adhere to the requirements of the Florida statues pertaining to charter schools and Miami-Dade County requirements for assessment, which include FCAT and FeAT Writes. ACES will submit the results of student assessment tests to Miami-Dade County as required for inclusion in the district's annual report to the State Board of Education. ACES is dedicated to three types of assessment: student assessment (including baseline determination), program assessment, and teacher assessment. - Student Assessment Assessment of student performance in core academic areas will be achieved in many ways, depending on the subject area Baseline performance will be established by CTBS pretest and various diagnostic tests administered by the classroom teachers. Priorities will be established by the disaggregation of the data provided by the pretest and diagnostic assessments. The school will utilize a systematic testing program including both internal measures and external measures. Testing time and intensity will vary with grade level. Below is a short description of the ACES plan to assess student performance in the core academic areas. Instruments that will be used to evaluate the effect of the curriculum (student assessment) are: Performance tests which include both pre and post testing measurement will be administered in the areas of Reading and Mathematics; FCA T Writes, and FCA T Prep; Application - Page 13 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ({,)/lll rig"',"" reserl'ed. J\-'o par' o(this l1!aleria{ may he reproduced or utilized ill (J1!}'.kwm or hy all)' mentis. lviTllOlfl I1-Til/en permission .li'om Charter Sehoul."- liSA. . . "~ . . . . . ,~. -......-... Anecdotal records of the student's performance; Attitude inventories; Journals; Observations; Portfolios; Teacher designed tests; and Writing samples that focus on the development of expository, persuasive and analytic writing skills. In addition to the assessment instruments mentioned above, the A CES will also utilize the CSUSA Narrative Report Card as a form of student assessment. The CSUSA Narrative Report Card is an innovative education tool which combines many of benefits of a traditional report card and an official transcript. Traditionally, a report card is a report of a student's grades from one grading period to the next over the course of the academic school year, whereas a transcript is an official document, embossed with the school stamp. In addition to the courses taken and the grades received (standard information on a report card), a transcript shows the total number of credits earned and is accepted by other schools and by colleges and universities as an official record of a student's academic development. Transcripts not only include the names of the school or the schools attended and specific institution data, but they also include student data, completion dates for courses taken, a running grade point average for each grading period, a cumulative grade point average, and standardized test scores. The CSUSA Narrative Report Card contains the following information that is similar to the traditional report card: Student's name and grade level; List of the subjects taken; · Letter grade explanation and corresponding percentage range; · Explanation of symbols used; · Attendance (number of absences, tardies, suspensions, etc.); and · Teacher comments or letter symbols representative of a student's behavior. In addition to the traditional information mentioned above, the CSUSA Narrative Report Card also includes the following information: · School's name and the academic school year; · A place for parent comments and parent/guardian signatures for each grading period; · A section dedicated to standardized test scores; · Performance standards each student is to master in his/her specific grade level according to state standards The CSUSA Narrative Report Card is more comprehensive than a traditional report card, aligning a student's evaluation with the state standards and CSUSA's Core Curriculum for each specific grade level. It wiIl also be accessible on the computer system that is implemented throughout the school. IA sample of CSUSA's Narrative Report Card can be found in Exhibit D.] Program Assessment Evaluation of the whole school will include: . Surveys, including self-evaluation surveys conducted by staff members, and cooperative surveys with the community; Opinion polIs, whenever necessary to gain an understanding of the level of support and morale; Standard evaluation instruments, to assess the successful completion of progress towards goals and objectives; and School accreditalion through evaluations such as SACS (Southern Association of Colleges and Schools) by the fifth year. . . Application - Page 14 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 :D.'lll righls rescrI'ed. i\!O pan o(t!1is JI1alerial fila)' he reproduced or utilized in anyjc)rm or br all)' mea/1s. 1-1'i,llOl(' \1.Tiffen !}(!nnis:,i/oll ii'om Charier Schools Us.-1. School Improvement Plans ,~ Administrator and Teacher Assessment The Performance Assessment Protocols are designed to promote the value system of ''putting students first." Both the Instructional Performance Assessment System (IP AS) and Administrative Performance Assessment System (AP AS) are developmental systems. Both Systems are standards- based and they originate from state-of-the-art sources - Research for Better Teaching for Administrators and the National Board for Professional Teaching Standards for Teachers. IP AS and AP AS are rubric-sensitive, rather than opinion-sensitive systems that rely on data/evidence and gap analyses. Both systems assume collaboration between administrators and teachers. Administrators must create an environment of empowerment for teachers to press forward with academic rigor in a self- regulated, data-driven quest to promote best practices in teaching. The AP AS require that administrators create a "Community of Practice" or "Learning Organization" based on research of effective organizations. Teachers must create a system of continual iterations of content presentation; diagnostic exercises; assessment events and performance rituals, which develop strong understanding and skills of that teacher's content area. Both assessment systems provide latitude for monitoring, failing without retribution, developing entrepreneurial approaches to further the purposes of schooling and becoming "reflective practitioners" of their craft. The objective is to use these systems to promote the interests and values of ACES by building internal support structures, which maintain high quality instruction directed toward deepening student knowledge. - Portfolios for Administrators Each administrator will develop a portfolio of artifacts and evidence of areas of the administrative rubrics in APAS for the academic year. In addition, each administrator will gather evidence of his/her support and encouragement in developing a learning organization in their school. The five components of the Learning Organization are: a. Shared Vision - A broadly understood sense of the purpose of the school widely agreed to by stakeholders, who should be highly invested in its development and maintenance. - b. Team Learning - Develop and enrich open communication systems and continual group monitoring of school progress among stakeholders. When outside information is needed to promote successes within school purpose (shared vision), the administrator should provide resources for this purpose. Problem-identification by stakeholders should precede problem solving by administrators. c. Mental Models - Seek out, distribute and oversee organized material (data) about the school to promote active inquiry into the relationship of certain instructional, organizational or temporal strategies which seem to be associated with student success. (e.g., intense investigation coupled with elaborate written description and connection beyond the schoolhouse are associated with certain increases in student achievement.) Focus on student work and its analysis to see if this strategy holds hope for improved student achievement over time. The administrator influences examination of successful practices by providing time and emphasis to staff, along with access to relevant research related to school and student success. d. Personal Mastery - Each teacher will have a portfolio. These portfolios are intended to be gathering places for various kinds of evidence associated with teaching practice. Administrators can promote increasing competence among teachers by using the portfolio and set of rubrics to establish base lines for each staff member using a gap- analysis format. Over time, using the "Team-Learning" and "Mental Models" protocols (with flexibility) an administrator can leverage a practicing teacher toward strategies and skills which are associated with improved levels of student achievement Application - Page 15 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 (<,'").-111 rig/os reserw'd No parr o(Jlris materia/may he reproduced 01' utilized ill ally.finm OJ" by all)' tJU:'U1IS. wirJlOu; wril1en permission from Clu.lrt(!}' .)'dlool,;" {O/SA. .- by consistent use of the portfolio and introducing mentoring and teaming concepts as needed. e. Systems Thinking - "All important things are connected to all other important things," a comment by Ted Sizer regarding life in schools. ACES is designed as an evolutionary confluence of teaching, learning and caring all wrapped up in one package. Policies, practices, budgets, schedules, curriculum, pedagogy and assessment must be seamlessly arranged by the administrator so that the shared vision dominates; the team learning focuses on improved models and how they can contribute to increasing levels of personal mastery, in an ongoing social system. Labels of students are shed in favor of behavioral data gathering and changing strategies. Traditional classroom isolation is tolerated only to the extent that it does not interfere with "team-learning". Technology is used to break down barriers and to improve information flow. Learning takes place continually in the learning organization; not just at times when it is "scheduled". This model calls for very different administrative behaviors than those required in hierarchies. Portfolios for Teachers Each ACES teacher will develop a portfolio for each category in the Instructional Performance Assessment System (IPAS). The portfolio will have three sections: 1. Deepening Students' Knowledge Teacher planning and preparation · Demonstrating Knowledge of Content and Pedagogy · Demonstrating Knowledge of Students · Selecting Instructional Goals · Demonstrating Knowledge of Resources Designing Coherent Instruction · Assessing Student Learning Instruction · Communicating Clearly and Accurately · Using Questioning and Discussion Techniques · Providing Feedback to Students · Demonstrating Flexibility and Responsiveness Professional Responsibilities · Reflecting on Teaching · Maintaining Accurate Records 2. Building Community The Classroom Environment · Creating an Environment of Respect and Rapport · Establishing a Culture for Learning · Managing Classroom Procedures · Managing Student Behavior · Organizing Physical Space Instruction · Engaging Students in Learning · Providing Feedback to Students · Demonstrating Flexibility and Responsiveness Professional Responsibilities · Reflecting on Teaching Application - Page 16 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 (a,.I" rig/liS resl'J'l't.:'d AD /Jar, n.t'1his l1Jolerial may he reprodllced or utilized in (Jlly./iHm OJ' hv an)' /I1CUI1S. wirhouT \1,'rillel1 permission.fi'om (.'Iulrter Scho(}/s l../SA. - Maintaining Accurate Records Communicating with Families · Contributing to the School Growing and Developing Professionally 3. Developing Student Talent Planning and Preparation · Demonstrating Knowledge of Content and Pedagogy Designing Coherent Instruction The Classroom Environment · Establishing a Culture for Learning Instruction · Engaging Students in Learning Professional Responsibilities Service to Student and Advocacy Using a combination of self-report and administrator review, gaps among the various categories should be discussed and leveraged to promote higher levels of performance by all staff, over time. It is important that there be a collaborative spirit and tangible evidence recorded to authenticate various levels of performance over time. ,~~ Administrators and teachers may collaborate utilizing staff teaming or mentoring to improve the operating system. Annually, each teacher will sit with a reviewer to do a gap analysis and develop plans to raise performance over time. It is the belief of ACES that the APAS and IPAS portfolio assessment system is the evaluation process that will help improve and deepen teacher's knowledge in the craft and practice of teaching. This portfolio system allows for multiple forms of assessment in documenting competency and professional growth. b. Describe how these baseline rates will be compared to rates of academic progress achieved by these same students while attending the charter school. Baseline Standards of Achievement: Baseline achievement levels for incoming students will be determined via an early fall administration of the Comprehensive Test of Basic Skills (CTBS) Nine published by CTB-McGraw Hill. The CTBS is a nationally standardized test comparable to the Stanford Achievement Test, the Iowa Test of Basic Skills, and other instruments utilized by the public school districts across the United States to compare the achievement of individual students with national performance. A measure of each student's rate of academic gain will be determined at the end of the year via a comparison of the fall test results and test results acquired through a second administration of the CTBS in late spring. Because ACES has a strong commitment to high academic standards for all students, each student will have a Personal Learning Plan (PLP) and goal plan. As a reference, baseline achievement levels will be incorporated into each student's PLP. as a starting point for determining future rates of academic progress. Each student's PLP. will serve as the foundation from which to measure student outcomes. The outcome will be congruent with the Sunshine State Standards, which identify what Florida public school students should know and be able to do, and the CSUSA Core Curriculum. ,...""~ c. To the extent possible, describe how these rates of progress will be evaluated and compared with rates of progress of other closely comparable student populations. Application - Page 17 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ,'[.').,111 righl...., rescn'ed. A'o pan q(this malcri17! may he reproduced OJ' utilized in anyliJlm or by 011)' /}/(:'/I//S. lriilu}llf liTif/(,1J fH:.'I'1flissiol1fh)JJI C'llIlrtel' Sclulu!s US.-'. Students are expected, at a mInImUm, to achieve learner expectations at the end of the developmental levels of kindergarten through eighth grade as outlined in the benchmarks of the Sunshine State Standards and as specified in each leamer's PLP. - Listed below are measurement tools to be used by A CES for assessment purposes. The assessment tools listed below do not limit ACES from incorporating other measures that may be determined necessary to support the mission of the school. Methods of Measurement . Performance of tests to be administered at enrollment to establish baseline levels in the areas of Mathematics and Reading and post testing at the end of each subsequent year thereafter · Florida Writes - State assessment of writing skills · FCAT - State assessment of reading, language and math FCAT Prep Questions (monthly) Weekly tests: Tests that may include some objective questions for quick check of material taught, as well as essay type questions that require thinking skills and writing ability Achievement of goals and objectives in the student's Personal Education Plan (reviewed biannually) Mastery of competencies outlined in student's standards (reviewed annually) Teacher made tests (including pre- and post-tests) · Student portfolios (ongoing) · Quarterly progress summaries · Teacher observations/authentic assessment of student performance (ongoing) ~~ 2. Describe the methods used to identify the educational strengths and needs of students and the extent to which educational goals and performance standards will be met. Each student will have his/her own Personal Learning Plan (PLP) and Goal Plan. A plan will be developed as collaborative effort among staff advisors, the student, the student's parents and teachers. The PLP identifies the student's strengths and weaknesses and lists goals for improvement. The student's staff advisor and/or teacher will consider the following information when assessing the student's strengths and weaknesses: · The student's academic performance prior to his/her enrollment · The results of any achievement testing · Examples of the student's work . A written or oral statement from the student about what they like to learn and a parent statement about how their child learns best (e.g. in a quiet place, working in groups, etc.) · Reports and observations from the student's teachers Information and suggestions from the student's parents ,~. Baseline achievement levels for incoming ACES students will be determined via an early fall administration of the Comprehensive Test of Basic Skills (CTBS) published by CTB-McGraw Hill. The CTBS is a nationally standardized test comparable to the Stanford Achievement Test, the Iowa Test of Basic Skills and other instruments utilized by the public school districts across the United States to compare the achievement of individual students with national performance. Fm1her, the CTBS correlates highly with the Sunshine State Standards, as CTB-McGraw Hill conducted a content match when they were working with the Florida Department of Education to develop the FCAT. Based on information gathered from this test, a Personal Learning Plan will be developed as a collaborative effort among staff advisors, the student, the student's parents and teachers. Projects, assignments, tests and any other information that indicates mastery of specific skills will be collected in the student's portfolio as evidence of progress being made. Through the interpretation of quarterly progress summaries, FCA T - like prep questions and assessment of competency standards, goals and objectives from the individual's PLP will provide the teacher and student a clear picture Application - Page 18 of 42 Aventura Charter Elementary School City of Aventura Draft - 9101 J')"JII rig/liS re.\'cJved. ...\"o /Ja/', o(lhis materilll mar be reproduced OF utilized ill (}flyfornr or f~\' all)' I1U:'{I/1S. wirlloUl li'/'iflen permission/I'om ('hurle/" S'cfuwls l/,)','l. of strengths and areas that need improvement. A measure of each student's rate of academic gains will be determined at the end of the year via their individual portfolio and a comparison of the fall test results and test results acquired through a second administration of the CTBS in late spring. - 3. Describe how students will participate in the statewide assessment program. National and statewide assessment tests will be used when prescribed to assess students" strengths and needs and will assist in determining how well students have met the educational goals and state standards. These tests will include but not be limited to: . FCA TReading . FCA T Math . FCA T Writes . CTBS . Any other tests required by the School Board of Miami-Dade County 4. For secondary charter schools, describe the method for determining that a student has satisfied the requirements for graduation in Section 232.246, Florida Statues. Not applicable, the proposed school is an elementary charter school. .- ~ Application - Page 19 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ,/,"'J.-lI/l'ig/lI.\' reseIH:'d No pan o(this malerilll may he reproduced 01" utilized ill ally.filrm OJ' hy an)' means. wi,lwUl It,'ri7fel1 permissiollfi'om CharIer .s'c/wols i),SA. II. GOVERNANCE AND MANAGEMENT /.......... A. Profile of the Founding Board and/or Initial Incorporators: 1. Describe the organizing group of initial incorporators that are working together to apply for a charter, including the names of the organizers, their background and experiences, and references for each. A ventura became Miami-Dade County's twenty-eighth incorporated municipality on November 7, 1996 and has quickly emerged as a vibrant, full-service municipality with a diverse demographic base, and is recognized internationally as a premier location in which to live, shop, play and do business. This transformation from a community formerly perceived as a rctirement and shopping destination is the result of effective and visionary lcadership by its clccted otlicials, City Manager, dcdicated City employccs and cnthusiastic residents. Although much has been achicved in the fivc years since the City's incorporation, thc City Commission's vision reaches far beyond the present and includcs the development of a Municipal charter school to serve the educational needs offamilies who make Aventura their home. A ventura is governed by a commission-manager form of government, combining the political leadership of its elected officials with the executive experience of its City Manager. The City Manager is appointed by the seven members of the City Commission and serves as the chief administrative officer of the City. The Manager is responsible to the Commission for the administration of all City affairs. Utilizing the provisions of Florida's statute enabling municipally organized charter schools, the City Commission will function as school founder and the Board of Directors. In their capacity as City Commissioners, the Board of Directors are duly elected representatives of the residents of A ventura and thus have been entrusted to represent the citizens desires. At present the Commission members are as follows: ,~ Title Mayor Vice-Mayor Commissioner Commissioner Commissioner Commissioner Commissioner Name Jeffrey M. Perlow Ken Cohen Arthur Berger Jay R. Beskin Harry Holzberg Manny Grossman Patricia Rogers-Libert See Exhibit E for bios/resumes and references for the founding board members. Any additional information required by the Sponsor will be available upon request, prior to the execution of the charter contract. 2. Discuss any business arrangements or partnerships with existing schools, educational programs, businesses, or non-profit organizations. An extensive range of community support has been sought and garnered through an ongoing public involvement process, including polling of likely parents, townhall meetings, and open forums. ACES will seek to partner with the following organizations: ."~ Charter Schools USA, Inc. (CSUSA) Charter Schools USA, Inc. (CSUSA) is one of the nation's most successful and fastest growing development and management companies of charter schools, kindergarten through 12th grade. CSUSA provides comprehensive turnkey school outsourcing for corporations, government entities, developers and non-profits and assists with all phases of charter school design, planning, development, financing, construction, marketing, human resources, curricula and school operations. CSUSA currently operates the nation's first municipally organized charter high school, the first charter school-in-the-workplace and one of the nation's largest charter schools. CSUSA currently operates twenty-one (21) schools in Florida and Texas. [See Exhibit F - CSUSA Overview) Application. Page 20 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 (D:lIl rig/lis reserl'cd. No parl o1'1his f11(l(crial may he rl!produced Of' utilized ill any.finm OJ' hy auy means. wiTlwur ItTiT/eJ] permissiollfi"om Charter Schools USA. Aventura Marketing Council The Aventura Marketing Council, now celebrating its lth anniversary, is responsible for building community and creating business. This organization is made up of 380 different companies throughout Dade and Broward counties. In addition to the partnership with the City of Aventura, the Aventura Marketing Council is also actively involved with the School System. It recently won the "Dade Partners of Excellence" award for the second consecutive year from MDCPS for the very strong programs it has with seven Dade Partner schools. This organization has also received the Florida Education Commissioner's "Business Recognition Award" in Orlando this past Spring; and is known for its award-winning Education Committee that meets monthly to continue working on programs such as the Student Connection (program for at-risk students), career shadowing days, mentorships, career guidance, job placement and so much more. ~ NSU, Fischler Graduate School of Education and Human Services In association with Charter Schools USA, ACES will establish a working relationship with NSU-FGSEHS for teacher training, assessment, coursework, degree programs and other collaborations. City of A ventura's Community and Recreation Center Due to the close proximity of the community and recreation center, ACES will be afforded the opportunity to work with the Center's staff and benefit from its facilities (i.e., gymnasium, multipurpose rooms, recreational equipment) and programs, making this a true neighborhood school. B. School Governance 1. Describe the governance structure of the school, including the status of the charter school as a public or private employer as required in Florida's Charter School Legislation. .,.,...;~ Board of Directors - The seven member City Commission will serve as the Board of Directors. The primary responsibility of the Board is to lead in the identification and development of broad goals and specific objectives to be accomplished by the school. The Board supports these goals and objectives by annually adopting an operating budget. According to statute the Board will make an annual progress report to the Sponsor. This report will include: I) the school's progress towards achieving the goals outlined in the charter; 2) the infomlation required in the annual school report pursuant to s. 229.592; 3) financial records of the charter school, including revenues and expenditures; and 4) salary and benefit levels of school employees. Governance Structure CITY COMMISSION Board of Oi rectors I I I I City Clerk II City Attorney II City Manager I 1 I I Finance/Support Community CSUSA Charter Services J- Services Management Co. Elementary Department Department School Community Public School Development Safety Advisory Department Department Board City Manager - The City Manager will ensure that the terms of the management agreement between CSUSA and the Board of Directors is implemented in accordance with the expectation of the Board. School Advisory Board -A seven member School Advisory Board (SAB) will be established within 60 days of the opening of the school. . The SAB will be comprised of parents selected by the parents of enrolled students as follows: Three (3) persons to represent grades Kindergarten through Second Three (3) persons to represent grades Third through Fifth, and One (I) At-large representative selected from grades KindergaI1en through Fifth. ~- Application - Page 21 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ,j,').-lI/ rig/liS rcs{'rI'cd. No pari o(this material may be reproduced or utilized ill (}ll)'jin'm OJ" hy all)' m('{lI1s'. IviThoU! H'riTlen penni,')sion.fj.oUl Clwrun. S(:/wo/s l./SA. "~ The SAB will provide input to the Principal and City Manager as follows: a) Assist in developing long range strategic plans b) Participate in fundraising efforts c) Review and recommend performance standards to measure school's success d) Review school's policies to ensure consistency with school's mission, and c) Provide recommendations on policy issues. Charter Schools USA - Accountable to both the City Manager. Open Meetings - Although the meetings of the Board of Directors already fall under Florida's open meetings act(s) popularly known as the "Sunshine Law," the meetings of the SAB will also be open public meetings where reasonable notice has been given. Pril'{lte Employer - Faculty and staff employed by the management company and assigned to ACES will be employees of CSUSA and will therefore be considered private employees as described in Florida's charter statute. 2. Describe the financial and administrative management structure of the school including a reasonable demonstration of the professional experience or competence of those individuals or organizations applying to operate the charter school or those hired or retained to perform such professional services. Both the public sector and private sector professional experience(s) shall be equally valid for such a consideration. A ventura's Commissioners have varied backgrounds and experiences, including public sector and private sector (see resumeslbios in appendix), applicable to the oversight of the activities of a charter school. To assist with the development and day-to-day operations of ACES, Aventura will contract with Charter Schools USA, Inc., a professional education management firm, providing administrative and management support services on a performance contract basis for the organizer. .,~ Charter Schools USA, Inc. will be responsible for providing daily operational management, including, but not limited to: curriculum and testing; personnel administration; training; contract administration; accounting, budgeting, cash management, and financial reporting; payroll administration; management information systems; cafeteria management services; insurance; transportation; parent activities; public relations; and additional fundraising activities. For additional information about CSUSA qualifications and services see Exhibit F - CSUSA Overview. 3. Describe how the governing board will be chosen and what steps will be taken to maintain continuity between the founding organizer's vision and that of the permanently established board of directors. As a municipally established charter school, ACES will be governed by a duly elected City Commission whose role and responsibility is articulated in the charter establishing the City in November 1996. The City Commission has established the vision for the school via its description of the school's mission and will continue to be guided by public interest in fulfilling that mission. The establishment of a School Advisory Board, whose role is to give input to the Principal and City Manager, will firmly ground the school by giving a voice to parents and students, the primary stakeholders. 4. Describe the roles and responsibilities of the governing board, including the relationship of the governing board to teachers and administrators. .",-' As stated earlier, the Board's primary role is to lead in the identification and development of broad goals and specific objectives to be accomplished by the school. The Board supports these goals and objectives by annually adopting an operating budget. According to statute, the Board will make an annual progress report to the Sponsor. This report will include: ]) the school's progress towards achieving the goals outlined in the charter; 2) the information required in the annual school report pursuant to s. 229.592; 3) financial records of the charter school, including revenues and expenditures; and 4) salary and benefit levels of school employees. Application - Page 22 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ;J}.,1I1 rig/liS resen'ed. :\'0 jJart offill.\" malerial may be reproduced OJ" utilized in Gnyji>/'m OJ' hy an)' lIleilns. w;1IHnll \i,'rinen p(:'rmi.~'sionf;'(}m ('/zoner Schools US.'I. - The Board is responsible to all of tbe people for whose benefit the school has been established. The Board's primary responsibility is to insure the best educational outcome by the students attending the school. The Board has chosen a reliable and proven educational management organization (CSUSA) to implement those programs and procedures which will produce the best educational achievement. The Board will be responsible for evaluating the effectiveness of the management company in the fulfillment of the school's objectives and mission. The powers and duties of the Board will be as conferred and prescribed by law. The Board will have complete and final authority over CSUSA and the school. The relationship between the governing board and the teachers and administrators will be one of mutual respect for the role each provides in fulfilling the mission of the school. CSUSA and the Principal shall act appropriately in their respective roles as management company and school leader to carryout the mission of the school. The Principal under the guidance ofCSUSA will be responsible for all aspects of school operation. Teachers and staff will be employees ofCSUSA and will not be directly responsible to tbe governing board. 5. Discuss the proposed method of resolving conflicts between the governing board of the charter school and the sponsor. - In the unlikely event of conflicts between A CES and the MDCPS, resolution will be sought through the staff of the Miami-Dade County School District and the charter school. If these representatives are unable to reach a resolution, the City Manager and the superintendent of schools will meet and try to reach a solution. If they are unable to resolve the differences, the matter will be taken to the MDCPS and the governing board of the charter school for resolution. Either Board will have the authority to request mediation to resolve the conflict. If the parties to the contract are unable to resolve a dispute, then pursuant to section 228.056(4)(f), Florida Statutes, the Florida Department of Education shall provide mediation services. If the Commissioner of Education determines that the dispute cannot be settled through mediation, the dispute may be appealed to an administrative law judge appointed by the Division of Administrative Hearings. All final orders from the Division of Administrative Hearings are subject to review in the First District Court of Appeal pursuant to Section 120.68, Florida Statutes. 6. Discuss the nature of parental involvement in decision-making matters. Active parental/guardian participation will be encouraged at the school. Parent/guardian participation is a key to the success of the overall program and will be solicited for the development of school goals and objectives. The establishment of the School Advisory Board whose membership is entirely comprised of parents evidences the Board's commitment to include parents in decision-making matters. Parents through their representation on the School Advisory Board will provide input in a wide array of school related issues including school operating hours, academic programming, conduct and dress policy, co-curricular and extra-curricular activity, and the school calendar. Annual surveys soliciting parent feedback will further guide decision makers in policy related decisions resulting in a school environment that celebrates the synergies that occur when parents, administrators and policy makers work collaboratively to maximize student achievement. In addition: . School Advisory Board meetings will be reasonably noticed and will be open to the Public giving parents opportunity for input. . Parent/teacher conferences will be held to provide a forum for open discussion and to build parent/teacher understanding and support. . Parents will be encouraged to establish an organization of their choice similar to a Parent Teacher Association affording parents a forum for open discussion and support regarding school issues. Application - Page 23 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 (i,-::.-JlIl'ighls rcs('}vC'd. ;,Vo parr o(lhis ma/(~rill/ may be reproduced 01" utiLized in rJl1yJ(n"m or h.v (lll)' me/ills. willuna \1:rillen permissioll./i"o!l1 Charier S'duw/s l./SA. "'~. And finally, enrollment is a parent/student cooperative choice, wherein parents/guardians contractually agree to be responsible for their children abiding by the rules and regulations applicable to attendance, classroom participation, and behavior and uniform policy. Failure to abide by that contract may result in a loss of re- enrollment opportunity or dismissal according to ruling of the Florida Department of Education General Counsel. Parents must sign a "contract" agreeing to volunteer a minimum of twenty (20) hours per year. When two or more children from the same family are enrolled, parents shall be required to volunteer a total of thirty (30) hours per year. (Exhibit G- Parent Contract] The procedure for scheduling parent volunteer time will be flexible and designed to work around their employment. Those parents who fail to perform their volunteer hours would be contacted to ascertain what, if any, barriers might preclude their commitment. It is highly unlikely that such barriers would occur given that this policy would be explained to parents prior to enrolling their child(ren) and that our ability to develop highly flexible volunteer schedules would meet any foreseeable scheduling conflict. In any case, arrangements will be made to assist the parents with satisfying their volunteer obligation. 7. Discuss how the charter school will comply with Florida Statutes relating to public records and public meetings. ACES will fully comply with Chapter 119, Florida Statutes, in regard to public disclosure of all school records, not including those personally identifiable cumulative records defined in Section 230.25, Florida Statutes, and State Board Rule 6A-6.1995. Likewise, according to Section 286.001, Florida Statutes, meetings of the governing board shall be open to the public. Reasonable notice of the time, place, and agenda of meeting will be available to the community. Minutes of the ACE's Governing Board meetings will be kept and made available for public inspection upon reasonable advance notice from any person. C. Length of Contract and Implementation Timetable: 1. State the length of the initial charter. .~ As provided for in charter statute, the initial contract length requested is fifteen (15) years. ["... to facilitate access to long-term financial resources for charter school construction, charter schools that are operated by a municipality or other public entity as provided by law are eligible for up toa 15-year charter, subject to approval by the local school board..." (228.056 (9)(a)(11), Florida Statute)] Thereafter, the charter may be renewed as provided in section 228.056 (9)(b), Florida Statutes, or any amended or subsequent similar law applicable to charter schools. The charter may be modified during its initial term or any renewal term upon approval by both boards, and such modifications shall be in writing and executed by both parties. The requested fifteen-year contract will not be terminated by the Miami-Dade County School District except for: . Failure to meet the requirements for student performance standards or failure to make significant progress toward achieving the standards as stated in the charter . Failure to meet generally accepted standards of fiscal management . Violation of law . Other good cause [section 228.056 (10)(a), Florida Statute] 2. Present a timetable for implementing the charter, which addresses the implementation of each element thereof and the date by which the charter shaH be awarded in order to meet this timetable. It is requested that "charter approval" be given no later than December 12,2001, in order for the proposed school to be developed in conformance with the proposed School Development Timeline. We are fully confident in this timetable and will make every effort using CSUSA's services and private contractors to meet the same opening date as the Miami-Dade County schools for the 2003-2004 School Year. Application - Page 24 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 :i':'-.,III rig/liS re.''ie!'1'(,'d. No pOri o(this marerial may he reproduced or utilized ill 0I1yji>r'nl (j)' In' aN)' 1//{:'OI/:.... IFir/w1U H'rilf('n !)crmission/imn Clwrler .')'duwls l..'S..I. School Development Timeline ".~ Task Charter and Site Development MDCPS Review Charter Application School Board Votes on Charter Application MDCPS Reviews Charter Contract & Votes Secure Land Secure Facility Financing Finalize Facilty Design Permitting Process Ground Breaking Ceremony Constuction School Development Register Web Domain Name Construct Website Administrative & Staff Recruitment Hire Principal & Adminsitrative Staff Administration Development, Training & Orientation Hire Teaches & Other Staff Staff Development, Training & Orientation Marketing Enrollment Student Registration Order FF&E Tag and Install FF&E Contract Food Service & Transportation .- Final Steps Fire Inspection Building Inspection Obtain Insurance Fingerprinting & Drug Testing MDCPS Compliance Inspection Grand Opening . dates subject to change Start Finish ,~ Application - Page 25 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 j:):lll rig/lis "c,'ic/ved. /Vo par! o((his maleriol may he reproduced or utilized in any.fium or by any mClII1S. H";IIIOl/l I1-Till(,/1 pe/"lJlisshmji'o}11 Clwrler .)'du)()ls ljSA. Oct-01 Dec-01 Dec-01 Jan-02 Mar-02 Sep-01 Apr-02 Sep-01 May-02 Jan-02 Mar-02 Mar-02 Aug-02 Aug-02 May-02 Jul-03 Sep-01 Oct-01 Jan-02 Jan-02 Jul-03 Feb-03 Mar-03 Mar-03 Jun-03 Jun-03 Jul-03 Jul-03 Aug-03 Jan-02 Aug-03 Sep-02 Aug-03 Jun-03 Aug-03 May-03 Aug-03 Jul-03 Jul-03 Mar-03 Jul-03 Aug-03 Jul-03 Aug-03 Jul-03 Mar-03 Jul-03 Aug-03 Aug-03 - D. Evidence of Support 1. Convey as clearly and concretely as possible the scope of community support for the proposed charter school and its founding board. In March 2001, the City of A ventura hired Charter Schools USA to conduct a feasibility study to determine the demand for an elementary charter school in A ventura and explore potential locations for the proposed charter school. Highlights from the feasibility study are detailed below. o 76% of those polled in this survey said they would send their child(ren) to a charter school in the community of Aventura if given the opportunity. o Of those surveyed who live in Aventura proper, 58% said they would be willing to pay more in taxes for a charter school in the community. 39% of those willing to pay more taxes would be willing to pay between $76-$100 more in taxes, yearly. 40% of those willing to pay more taxes would be willing to pay over $100 more in taxes, yearly. o 64% of those families surveyed currently send their child(ren) to public schools; 29% send their children to private schools, some of which indicated that they would be interested in the charter school alternative since it is a public school with private school qualities; and the remainder of children are home schooled. o The three most important factors cited when choosing a school were: High academic standards; Quality of teachers; and Safety. o 94% of those polled said they would send their child(ren) to a school that required parental involvement on a regular basis. ..- o 97% of those families surveyed responded that they would send their child(ren) to a school that required students to wear uniforms. Please refer to Exhibit H for a copy of the independent, scientific parent survey. In addition to the feasibility study, ACES has received a multitude petitions and letters of support from residents and business leaders ISee Exhibit I -Evidence of Community Supportl. .- Application - Page 26 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 @.'III righl.\' reserved. /\'0 pari q(this malerill/ ilia)' he reproduced or utilized ill Gllyjhrm 01' h.v all)' meolls. ~,:i,/101Il ItTilfCll {Jermissionji-mn eli/Wier SL'hOtJls l.iS-I. III. FINANCE AND FACILITIES ,- A. Facilities: 1. Describe the facilities to be used and their location or describe your present options for a school building. The proposed location of ACES is 3333 Northeast 188th Street, A ventura Florida, 33 I 80. The school facility will be a two-story building at approximately 44,000 square feet, on approximately three acres of land. Adjacent to the school facility, the City is developing a community and recreation center. The close proximity of the community and recreation center affords the opportunity for joint use and programming and achieves a significant level of efficiencies and economies of scale. Joint use and programming may include, but is not limited to, gymnasium, multipurpose room, ball field, recreational equipment, and recreational programs. Thc building will mcet Life Safety, Florida Building Code and ADA requirements. Pursuant to chm1er school law, charter schools are not required to adhere to SREF except in areas of health, safety and welfare. However, in recognition of the growing educational needs of Miami-Dade County and the role charter schools can play in alleviating overcrowding concerns, The School Board of Miami-Dade County, Florida (School Board), has indicated that certain incentives (i.e., waiver of 4'1'1, of its typical 5'% administrative fee), are available to charter schools which are located, constructed and financed under cel1ain conditions, including the condition that the charter school be constructed in accordance with SREF. With the goal of obtaining these additional funds to enhance the educational experiences of ACE's students, it is our intent to design and construct ACES in accordance with SREF, if feasible, including life/safety mandates and mandates resulting from the specified educational program. The school will be constructed under the leadership of Charter SchoolHouse Developers (CSHD) and Wolfberg Alvarez and Partners (W A). Both have extensive experience educational facilities. ISee Exhibit J - Overview: CSHDI 2. Demonstrate how this site would be a suitable facility for the proposed school, including any plans to renovate and bring the facility into compliance with an applicable local building codes. Due to the changing demographics and the significant growth of the school-aged children population in the northeast portion of Miami-Dade County, MDCPS has for many years, recognized a need for new public schools to serve this area. However, given the limited availability and cost ofland in the Aventura area, MDCPS not yet been able to develop a public elementary schoo\. The proposed school site is located in the heart of the City of A ventura, approximately one mile from the Government Center. The close proximity of the school to the community and recreation center will provide unique opportunities for joint use and programming and will make this a true neighborhood school. In addition, the school is located on a dead end street further enhancing a safe environment for the students and teachers. ITo review site plans, refer to Exhibit B - Facilities Portfolio.) Under the control of Charter Schoolhouse Developers and Wolfberg Alvarez and Partners, the facility will be in compliance with all applicable local building codes. .- Application - Page 27 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 :{),'lll rig/liS reSCI'H'd. No pari o(this waferiof may he reproduced or utilized ill ally/i)}'nJ 01' hy all)' means. \1',.1110111 wrilfen permission Ii'om Charter .";dIOO/S USA. - LEGEND o Aventura Charter Elementary School @ Aventura Community & Recreation Center e City of Aventura Government Center 3. If applicable, discuss any progress, partnership developments, or other future steps towards acquisition of a building. As indicated in the timeline, the City of A ventura should obtain control of the proposed site for the School no later than April 2002. The City of Aventura plans to contract with Charter Schoolhouse Developers, Inc. to provide all aspects of facility and site development. Charter Schoolhouse Developers, Inc. will work with the City of A ventura to develop the school in accordance to all appropriate building codes. - Overview of Charter Schoolhouse Developers. Inc (CSHD) Charter Schoolhouse Developers (CSHD) was formed by Joaquin G. Avifi6, P.E., PLS, in 1999 in response to the growing crisis of financing and delivery of educational infrastructure. The firm approaches the development of public and charter schools as an alternative to current programs with a new and creative paradigm. Recognizing the success of corporate America's move toward outsourcing and refocusing on core business, CSHD's concept provides Schools Boards with the alternative to expand and develop without further encumbering existing staff. Through public financing and leasing programs, CSHD facilitates an accelerated "Design/Build/Lease Building Program." CSHD is strategicaIly aligned with W olfberg Alvarez and Partners (W A), the second largest full service architecture, engineering and interior design firm in South Florida. W A is a local firm established in 1976, having a national reputation for design initiative and performance. Their staff consists of approximately 103 dedicated professional, technical and support personnel who have provided comprehensive design services for a diverse range of public and private facilities. With complete in-house capabilities, Wolfberg Alvarez and Partners provides a unified approach to design and is able to provide well-integrated solutions. The firm's success as a full-service NEil firm has been due to a fundamental integration of all disciplines in design and construction and an effective approach to Quality Control. Together, the CSHD and W A team represents the most experienced and creative approach to charter school development ever assembled for such a project. This team prides itself on being a team of creating firsts, including: ,.~ . FIRST to develop a municipal charter high school in U.S. (Coral Springs Charter School) . FIRST to fully finance through private markets the entire development of a charter school. Application - Page 28 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 cs:),-1I1 rig/lis rcs(,/,I'f'd. ,\'() pUrl o(this f11alcria! may he reproduced or utilized ill olly/orlll OJ" hy OJl)' mCllns. 'rI'j7holll Ifrinen permission fi"om Cllllrl!."r Schuols {JSJ. . -~ . . . . FIRST to design Florida's first charter school-in-the-workplace (Ryder Elementary Charter School) FIRST to combine both financing and management of a charter school as a turnkey, outsourced operation. FIRST to privatize all functional components of the charter school industry. FIRST to include performance standards of excellence in design and construction of a charter school. FIRST to partner with a university to provide internal and external collaboration. In addition to a number of charter and private schools developed by Charter Schoolhouse Developers Inc. in South Florida, Charter Schoolhouse Developers has a standing strategic alliance with CSUSA. As a Strategic Partner, Charter Schoolhouse Developers has comprehensively managed and developed the construction and/or renovation of top quality educational facilities for CSUSA clients in Coral Springs and Miami: . Coral Springs Charter School - a middle and high school facility . Ryder Elementary Charter School- an elementary school on the campus of Ryder System, Inc. 4. Describe financial plans for facilities, if applicable. The City of A ventura will assume the responsibility of acquiring the property and construction of the school facility. It is anticipated that long-term bank loans will be utilized to fund the capital improvements. A charter school fund has been established by the City to account for all revenues and expenditure associated with ACES. This fund will be utilized to reimburse the City for its annual debt service costs to be paid from the City's general fund. Future surpluses will be used to reimburse costs associated with acquiring the property. .- B. Finances: 1. Describe the financial management and internal accounting procedures of the school. ACES's financial management and internal accounting procedures will be managed by the education management company, Charter Schools USA, Inc. ACES will utilize accepted state codification of accounts pursuant to the Financial and Program Cost Accounting and Reporting for Florida Schools in all transactions pertaining to its operations. The school wiIl make available quarterly financials, which will include a statement of revenues, and expenditures prepared in accordance with generally accepted accounting principles. AdditionaIly, annual audited financial reports as of June 30 of each year, which will include a complete set of financial statements and notes prepared in accordance with generally accepted accounting principles will be forwarded to the School Board for inclusion into these financial statements. Such statements will be formatted by revenue source and expenditures and detailed by function and object no later than September 20 of each year. 2. Present a budget for start-up expenses, covering only the planning and capital expenses necessary before school opening. The Capital and Start up Budget consists of start-up costs incurred prior to start of school, working capital needs necessitated by the Florida FTE payments received in arrears, development fees, and other operating deficits. The City of A ventura will be responsible for funding all capital and start-up cost incurred prior to the start of school. These expenses will be reimbursed to the City via the school's funds over a period of time. For a more detailed breakdown of these costs in excess of the Federal Start-up Grant, please refer to Exhibit L. In the event that the City of A ventura is unable to fund the deficits that occur prior to the start of school, the deficit will then be supplemented by the Management Company via various resources and then repaid in the first year. .,~- Application - Page 29 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 r~..lIl rig/liS I"l'se/"l'l'll. ;\,o !Jf.ll"f o(lhi,\ !11(Jll'riul fila)' he reprodu('cd or utilizr,d ill al/.\'ji>l'/lI (jr ht' (}!IJ' fIlelll/.... Wil/IOUl wrir/e)} permission/i'om (.'horIe}' 5;c/wu/s {is.'1. 3. Present an outline of a budget covering all projected sources of revenue, both public and private, and an outline of planned expenditure covering the initial term of the charter. - Five years of estimated operational budgets are attached. As the project progresses, we look forward to further refining these estimates with the assistance of the School Board and DOE staff. ISee Exhibit C- School Budgetl 4. Describe plans to conduct any fund-raising efforts to generate capital or to supplement the per pupil allocations. The school and the City of A ventura will actively seek funds through outside sources such as The Challenge Foundation, Federal Charter Grants, the Annenberg Challenge Grant and a variety of local, state and federal public and private grants and programs. Charter Schools USA has a history of obtaining funds to supplement the per pupil allocations. Listed below are some of the funds awarded to Charter Schools USA Schools:* $10,000 cash over 5 years - Coca Cola Sponsorship $40,000 of equipment over 5 years Coca Cola Sponsorship $32,000 of computer equipment - IBM $150,000 cash over 2 1'2 years - Obbey Porter Grant $32,000 cash - Miscellaneous Sponsorships (e.g., golf tournament, fundraising activities) Federal Start-up Grants *Conservative accounting prohibits the inclusion of such fund-raising efforts in the budgets. 5. Explain the manner in which the school will be insured, including liability insurance. ...--... ACES will comply with all requirements specified by the School Board of Miami-Dade County or applicable state statutes regarding insurance and liability coverage. These include: Errors and Omissions Insurance Officers and Directors Liability Insurance Fidelity Bonds Commercial General Liability Insurance Automobile Liability Insurance Employees Liability Insurance · Property Insurance ACES will carry the necessary worker's compensation insurance and unemployment compensation insurance. The insurance companies that provide coverage will have a rating of "A" or better and financial size category of "VII" or better, according to A.M. Best Company. C. Recruiting and Marketing Plan 1. Demonstrate how you will publicize the school to attract a sufficient pool of applicants. The ACES will conduct a three phase marketing campaign. The efforts of this campaign should achieve enrollment at capacity with a low student to staff ratio. MARKETING PLAN I. Identification Target Market ACES will target approximately 600 students in grades K _5th. Although the school is open to anyone in the district, as a municipally sponsored school, the enrollment process will be limited to targeting the children of the residents of the City of Aventura. .- Application" Page 30 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 .,111 rig/liS {'eSi'!1n!. ,-\'o IJUrI o/Ihi,\ mater/oi ow)' he reproduced or utilized ill olly./i)f'/]/ (,/1" In" allY !1l(,"".~ witJui/1f \'\Tiuel1 fJcrmlssiun.fj'o!J1 C/wrler .\L'lw(}ls {/,)';I. II. Marketing/Public Relations -. ACES plans to conduct a marketing campaign throughout the target areas that will educate and publicize the community about the charter school movement and the opportunities available at ACES. These efforts may include, but are not limited to: Educational Institutions Education partnerships with the local preschools, daycares, and after school programs Education partnerships with local university and college career centers Community/Grassroots · Local print media Development of a school website accessible via the internet with email options Distribution of brochures and pamphlets about the school and the programs offered Direct mailings to the local community Local radio and television public service announcements Utilization of the City's communication channels Businesses/Governmental Agencies Creation of partnerships with the entities in the area Announcements in local newsletters Distribution of brochures and pamphlets about the school and the programs offered III. EnrollmentlRecruitment Enrollment /recruitment will take place until the school is fully enrolled. These efforts may include, but are not limited to: Distribution of applications at community events, open houses, and parent information sessions . Distribution of applications via direct mail On-line applications via school website . Establishment of a toll-free hotline to request applications and/or obtain information about the school 2. Describe the steps that will be taken to reach students representative of the racial and ethnic diversity in the community, including typically "harder to reach" families? Through the recruiting and marketing plan described above, we will be successful in attracting families reflective of the community. We will seek to achieve a racial/ethnic balance comparable to the racial/ethnic balance of A ventura and its surrounding communities. Other special efforts will be in the form of recruitment and advertising to churches, minority organizations, minority media outlets, Drop out Prevention Programs and other similar organizations. In addition, evening and weekend informational meetings wiII be conducted in neighborhood facilities. Coordination of additional services such as multilingual staff, the availability of forms and marketing material in languages other than English (e.g., Spanish, Creole), and parent involvement with the PTSO, .,- Application - Page 31 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 iJ,-U! rigllf.\ resl'J'I'cd /\0 par! nUJu'S maler/II! may he reproduced OJ' ulilized ill (}J/yji)J'I1! or hy OilY meow lvi/lw1If I1'rittCI7/H'r1nissionfi"oll1 (-'/UIr!I.:!}" S'cluu;/s (..'5,',-1. IV. OPERATIONS p...... A. Admissions & Registration Plan: 1. Describe the student admission criteria and dismissal procedures that will be implemented. A proposed, ACES would be designated as a charter school-in-a-municipality as described in the Florida State Statute. As a charter school-in-a-municipality, ACES will limit the enrollment process to target the children of the residents of A ventura. A CES will not discriminate on the basis of race, religion, national or ethnic origin, or exceptionality in the admission of students, in accordance with federal and state anti-discrimination law. ACES may give enrollment preference to a sibling of a student enrolled in the charter school, to the child of a member of the governing board of the charter school, or to the child of an employee of the charter school, as provided within the charter law. In addition, as required by state statute, ACES shall provide an equal opportunity of being selected for enrollment for students with handicapping conditions and students served in ESOL programs, and allow students to withdraw from the school at any time and enroll in another public school in accordance with the policies ofMDCPS or district in which they reside. A CES shall enroll an eligible student who submits a timely application, unless the number of applications exceeds the capacity of the program, class, grade level or building. In the event the number of applications of the targeted population exceeds the capacity, all applicants shall have an equal chance of being admitted through a random selection process. Upon receipt, all applications will be date and time stamped and filed by grade level. During registration, all parents/guardians prior to admissions will be required to sign a legal and binding instrument that indicates acceptance of the student code of conduct, the student dress code policy, and a commitment to volunteer a minimum of twenty hours over the course of the school year. (The parent contract is discussed in more detail in section (1l)(B)(6) of this application.) ,,......... The rules of student conduct for the school will set forth the expectations for student behavior and the consequences for infractions of the rules. The administration will certify the recommendation after review for consistency and fairness. ESE disciplinary procedures will follow procedures mandated by the Federal Government and will abide by IDEA 1997. Infractions will be divided into two categories: minor infractions and major infractions. Minor infractions would include items such as dress code violations, horseplay, tardiness, misuse of equipment, and failure to do home work. Major infractions would include such items as disrespect, cheating, having a weapon on campus, smoking, having drugs on campus, fighting, and skipping school. Consequences for minor infractions may include verbal reprimand, wntmg assignment, Saturday school, academic probation, assignment tutoring, home work, detention, and community service. Consequences for major infractions may include in-school suspension, work detail, restitution, community service, dismissal and such actions deemed suitable by the Principal. Student expulsions will be coordinated to ensure proper handling with the Miami-Dade County's Code of Student Conduct. In addition, an addendum made expressly for ACES will address uniform dress code and other areas unique to the school. IExhibit M - Code of Conduct Addenduml 2. Describe the timetable to be used for registering & admitting students, including a plan for the admission lottery if the number of applicants exceeds the program capacity. ,- As a charter school-in-the-municipality, ACES will limit the enrollment process to target the children of residents of the City of Aventura according to the Florida State Statute. However, ACES will not discriminate on the basis of race, religion, national or ethnic origin, or exceptionality in the admission of students, in accordance with federal and state anti-discrimination law. Application - Page 32 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 i::~.'l!/ rights reservc'd ,'\0 pari oflhis mau:rid/ mar he n'jJrot!II(,{,(! 0/' ulilizt'd ill onyj{),-m or hy on)' mClin,'. \l';rIW/fI \1'rillCn pcnn;"sio!lfi"oJ/7 C'Itr/rll'1' .),dwo/s {js.,r. Marketing A 2003-2002 opening affords ACES the opportunity to begin marketing the school upon approval of the charter application by the MDCPS. It has been anticipated that marketing will begin as soon as January 2002. d..- Enrol/ment ACES will limit the enrollment process to target the children of the residents of A ventura. Enrollment preference will be given to a sibling of a swdent enrolled in the charter school, to the child of a member of the governing board of the charter school, or to the child of an employee of the charter school, as provided within the charter law. App]ications will be made available upon the Schoo] Board's approval of the charter application. The enrollment period will begin no earlier than September of the preceding year of the School's opening. All applications will be date/time stamped as they are received and filed by grade level. If the number of applications exceeds the capacity of a program, class, grade level, or building, a public lottery will be held to select the number of spots available. The drawing will continue until every name has been drawn and scheduled for enrollment or placed on a numerical waiting list. All applications received after the enrollment period will be placed at the bottom of the waiting list for that particular program, class or grade level in the order in which they are received. The lottery will be a public lottery facilitated by an impartial observer. Parents will be notified in writing of their child's acceptance no later than twenty-one (21) days past the acceptance period deadline and will have fifteen (15) days to notify the schoo] in writing of their decision to attend. If an accepted applicant decides not to attend the schoo], the slot will be given to the first person on the waiting list. If space is still available at the end of the enrollment period, applications will be accepted from the community- at-large on a first-come, first-serve basis. Preference will be given to children of the residents of A ventura, a sibling of a student enrolled in the charter school, to the child of a member of the governing board of the charter school, or to the child of an employee of the charter school [See Exhibit N - Student Application FormJ ,:.,......, Registration Upon successful enrollment and indication of commitment to attend ACES, registration will be made available. Parents will be provided pertinent documents to review and return. ACES, will conduct periodic registration sessions to assist parents with the various forms contained in the registration package. In addition, staff will be available for one-on-one sessions to accommodate parents who are not able to attend the scheduled sessions. [For a sample of the registration package, please refer to Exhibit O.J During registration, parents will also receive the code of conduct and details regarding volunteer hours. Orders for school uniforms can also be placed at this time. 3. Describe the approach in which the school will endeavor to achieve a racial and ethnic balance reflective of the community it serves. ACES will seek to target and distribute information to the community it serves with the intention of reflecting in its student population the diversity of the area at large. In addition, a multilingual staff person and documents in languages other than English will be available to satisfy the needs of the community at large. 4. In the case of an existing school being converted to charter status, suggest alternative arrangements for current students who choose not to attend the charter school. Not applicable A. Human Resources Information 1. Describe the standards to be used in the hiring process of teachers, administrators and other school staff. HUMAN RESOURCES POLICIES A CES will employ professional teachers that are certified as required by Chapter 231, F]orida Statutes. The schools may employ or contract with skilled selected non-certified personnel to provide instructional services or to assist faculty members as teacher's aides in the same manner as defined in Chapter 231, Florida Statute. All employees will be committed to the high academic standards of the school. Faculty must have the ability to work cooperatively and collaboratively with fellow faculty, parents, community organizations and the business Application. Page 33 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ,.a/If! rig/lfs resl'rn'd. /\0 pUr! o{thi:.: mOferial !/lay he reproduced 0)" utiliZl'd ill (}lIy/i)rm or h\' Oil)' f/U'OIJ,I,. 11'11110111 \rri/(('n !)(-'rmission from Chtlrlel' S'dUII)ls C.lSA. community. These positions will require highly energetic, creative, knowledgeable educators who possess a desire to make education exciting and make a difference within the educational experience for each student. ~ ACES will not employ an individual to provide instructional services or to serve as a teacher aide if the individual's certificate or license as an educator is suspended or revoked by this state or any other state. ACES is a private employer. The school reserves the right to dismiss employees "at will" but without being in violation of the laws of the state of Florida and the United States of America. The school assures thorough, consistent termination procedures. The school will not violate the anti discrimination provision of 228.2001, Florida Statute, the Florida Education Equity Act or any other provisions of Federal or state law in its hiring and employment practices. ACES will offer equal opportunities to all qualified employees and candidates without regard to race, creed, color, national origin, age, sex, marital status, sexual orientation, physical or mental handicap, non-job related disabilities or any other characteristic protected by law. HIRING PROCESS ACES will have all employees fingerprinted and have background checks. ACES also reserves the right to administer any other form of testing of employees as deemed necessary in order to safeguard the entire student body. In addition to background investigations, all administrators and teaches are assessed in rigorous interviews prior to hire. These interviews entail various assessment tools to evaluate each applicant based on his/her job requirements: Meyers Briggs, oral exams, teaching demonstrations, writing activities, and group activities. Detailed below are administrative, faculty and staff positions and responsibilities: - Administrator /Pri ncipal Responsible for the administration of the school. . Educational Background- Degree in Education with appropriate school grade background; experience as an educational leader . Teaching experience . Knowledge of the needs ofthe schools population . Ability to work with community agencies and resources . Experience with working with school boards, board of directors, and advisory boards . Experience in the start up of new schools . Skills in using technology as a tool for learning and monitoring student progress . Motivated to establish innovative and creative learning programs . Committed to professional development programs for faculty and school concepts . Knowledgeable towards curriculum goals and objectives for appropriate grades of student body . Ability to implement staff development and training . Promoter of positive school climate . Dedicated to providing supplementary programs to enhance student learning . Committed to enabling each student to reach his/her personal best Assistant Principal Responsible for assisting in the supervision of the school program and the curriculum in addition to having similar qualities as designated for the Principal. "......., Classroom Teachers . Educational Background- Bachelors Degree or higher in Education andlor area of specialization in the grades he/she is teaching . Presents positive teaching evaluation history . Displays exemplary personal presentation and interpersonal skills Application - Page 34 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 ~i>l/I ri'.!.//I.\ r('~'l'/H)d :\0 Jwrr o(IIJ;" !//(.IIeria!mcl)' he' rcprodIICf'r} o/' utilized in Of/Y Iiii'm or In' Olll' mer/lis. >1';/!J(i1(! \'\'ril/e17 pcnllissiof1fro/J7 Chi/rIel' _),("Iund.,' C-.)'." . . -~ . . . . . . . Demonstrates strong written and oral communication skills Literate in computer skills Demonstrates in depth knowledge of subject area Understands various teaching methods and learning styles Ability to make learning exciting and interactive for students Committed to the academic development and character development of each student Displays enthusiasm, flexibility and innovative techniques toward education Ability to work effectively with parents, students, resource personnel and other school wide groups of individuals Engages in continual professional development seminars, presentations, and organizations Personnel evaluations will be conducted to improve teacher performance. Support Staff The support staff will include the following jobs in addition to others as approved to support the school's programs. All support staff will be required to be fingerprinted and have background checks prior to employment. . Cafeteria staff . Custodians . Paraprofessionals . Secretaries . Substitute teachers ACES will publish a school handbook that includes a description of the school program. The school will have an open house to introduce the administration and teachers to the community - EVALUATION AND ASSESSMENTS Administrator and Teacher Assessment The Performance Assessment Protocols are designed to promote the value system of "putting students first." Both the Instructional Performance Assessment System (IP AS) and Administrative Performance Assessment System (APAS) are developmental systems. Both Systems are standards- based in that they originate state-of-the-art sources - Research for Better Teaching for Administrators and the National Board for Professional Teaching Standards for Teachers. IPAS and AP AS are rubric-sensitive, rather than opinion-sensitive systems that rely on data/evidence and gap analyses. ,,~. Both systems assume collaboration between administrators and teachers. Administrators must create an environment of empowerment for teachers to press forward with academic rigor in a self- regulated, data-driven quest to promote best practices in teaching. The APAS require that administrators create a "Community of Practice" or "Learning Organization" based on research of effective organizations. Teachers must create a system of continual iterations of content presentation; diagnostic exercises; assessment events and performance rituals, which develop strong understanding and skills of that teacher's content area. Both assessment systems provide latitude for monitoring, failing without retribution, developing entrepreneurial approaches to further the purposes of schooling and becoming "reflective practitioners" of their craft. The objective is to use these systems to promote the interests and values of ACES by building internal support structures, which maintain high quality instruction directed toward deepening student knowledge. Portfolios for Administrators Each administrator will develop a portfolio of artifacts and evidence of areas of the administrative rubrics in APAS for the academic year. In addition, each administrator will Application - Page 35 of 42 Avenlura Charter Elementary School City of Aventura Draft - 9/01 ,~:):1I; rig/liS rese/veil. ,\0 jJOIf {)(rlii:.. II/{J{l'r/(II !}la_I' he reproduced or LIlilized ill (Jny/i)/'/11 or l~r an)' medllS, 11'i11101IT l1'rif!NI!)Crmi"sio!1/i.om Chi I rter Sdw()/s l..IS.l. gather evidence of hislher support and encouragement In developing a learning organization in their school. ",.-. The five components of the Learning Organization are: f. Shared Vision - A broadly understood sense of the purpose of the school widely agreed to by stakeholders, who should be highly invested in its development and maintenance. ,"""~' g. Team Learning - Develop and enrich open communication systems and continual group monitoring of school progress among stakeholders. When outside infonnation is needed to promote successes within school purpose (shared vision), the administrator should provide resources for this purpose. Problem-identification by stakeholders should precede problem solving by administrators. h. Mental Models - Seek out, distribute and oversee organized material (data) about the school to promote active inquiry into the relationship of certain instructional, organizational or temporal strategies which seem to be associated with student success. (e.g., intense investigation coupled with elaborate written description and connection beyond the schoolhouse are associated with certain increases in student achievement.) Focus on student work and its analysis to see if this strategy holds hope for improved student achievement over time. The administrator influences examination of successful practices by providing time and emphasis to staff, along with access to relevant research related to school and student success. 1. Personal Mastery - Each teacher will have a portfolio. These portfolios are intended to be gathering places for various kinds of evidence associated with teaching practice. Administrators can promote increasing competence among teachers by using the portfolio and set of rubrics to establish base lines for each staff member using a gap- analysis fonnat. Over time, using the "Team-Learning" and "Mental Models" protocols (with flexibility) an administrator can leverage a practicing teacher toward strategies and skills which are associated with improved levels of student achievement by consistent use of the portfolio and introducing mentoring and teaming concepts as needed. J. Systems Thinking - "All important things are connected to all other important things," a comment by Ted Sizer regarding life in schools. ACES is designed as an evolutionary confluence of teaching, learning and caring all wrapped uP' in one package. Policies, practices, budgets, schedules, curriculum, pedagogy and assessment must be seamlessly arranged by the administrator so that the shared vision dominates; the team learning focuses on improved models and how they can contribute to increasing levels of personal mastery, in an ongoing social system. Labels of students are shed in favor of behavioral data gathering and changing strategies. Traditional classroom isolation is tolerated only to the extent that it does not interfere with "team-learning". Technology is used to break down barriers and to improve infonnation flow. Learning takes place continually in the learning organization; not just at times when it is "scheduled". This model calls for very different administrative behaviors than those required in hierarchies. Portfolios for Teachers Each A CES teacher will develop a portfolio for each category in the Instructional Perfonnance Assessment System (IP AS). The portfolio will have three sections: 4. Deepening Students' Knowledge .~. Teacher planning and preparation Demonstrating Knowledge of Content and Pedagogy . Demonstrating Knowledge of Students Selecting Instructional Goals · Demonstrating Knowledge of Resources Application - Page 36 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 .,11/ rig/lIS rCSi'f"l"cd .,\,) !!(In r'!rrhi.\ /}J(jll~nl" OW)' he reprodJl(nl or utilized in mn'liwI/I OJ' hy all)' met/I!.\.. ;.,-'//hOlll \~Tj{((,1I Iwnni_~si()nfi.oJII C'htlr,'t'1' S'(.'/uw{s US,I Designing Coherent Instruction · Assessing Student Learning - Instruction Communicating Clearly and Accurately Using Questioning and Discussion Techniques · Providing Feedback to Students Demonstrating Flexibility and Responsiveness Professional Responsibilities Reflecting on Teaching Maintaining Accurate Records 5. Building Community The Classroom Environment Creating an Environment of Respect and Rapport Establishing a Culture for Learning Managing Classroom Procedures Managing Student Behavior · Organizing Physical Space Instruction Engaging Students in Learning · Providing Feedback to Students Demonstrating Flexibility and Responsiveness ........... Professional Responsibilities Reflecting on Teaching Maintaining Accurate Records Communicating with Families · Contributing to the School · Growing and Developing Professionally 6. Developing Student Talent Planning and Preparation . Demonstrating Knowledge of Content and Pedagogy Designing Coherent Instruction The Classroom Environment Establishing a Culture for Learning Instruction Engaging Students in Learning Professional Responsibilities Service to Student and Advocacy Using a combination of self-report and administrator review, gaps among the various categories should be discussed and leveraged to promote higher levels of performance by all staff, over time. It is important that there be a collaborative spirit and tangible evidence recorded to authenticate various levels of performance over time. ,~ Administrators and teachers may collaborate utilizing staff teaming or mentoring to improve the operating system. Annually, each teacher will sit with a reviewer to do a gap analysis and develop plans to raise performance over time. It is the belief of A CES that the AP AS and IP AS portfolio Application - Page 37 of 42 Aventura Charter Elementary School City of Aventura Draft - 9101 '.-1 Ii 1'iy,llIs "(',<;('1'1'01. /\0 {Jan o/flli,\ J/la/crirllmay be rq)rodllced OJ' utilized ill ol/yji>rm OF hy WI)' mew/s. IF;tluiIf! liTir!e}j !JclH1issio!1/i'om (,'llar!e!" ,)'clw()h. IJ'S.,I. ,- assessment system is the evaluation process that will help improve and deepen teacher's knowledge in the craft and practice of teaching. This portfolio system allows for multiple forms of assessment in documenting competency and professional growth. 2. Describe the human resource policies governing salaries, contracts, hiring, dismissal, and benefit packages. Salaries _ Teacher starting salaries, as assumed in the school's initial budget, are based on Miami-Dade County starting teacher salary levels, with potential exceptions made for an individual's experience, degree(s), and past employment history. Administrative salaries will be developed in accordance with the supply and demand for administrative positions. Staff will be hired on a year-to-year basis with the contract extensions recommended on an annual basis. All employees will be hired on a 90-day probation basis. ISee of Exhibit K for Stafling & Salary Overviewl All instructional personnel will be considered ten-month employees and will begin work two weeks prior to the start of school and work one-week after the end of school. Contracts _ An employment agreement will be signed by each employee, dually authorized by an executive School or CSUSA corporate employee and be acknowledged by an employee as witness. Hiring - The hiring policy of ACES is to offer equal opportunity to all qualified employees and candidates without regard to race, creed, color, national origin, age, sex, marital status, sexual orientation, physical or mental handicap, non-job related disabilities or any other characteristic protected by law. Dismissal - The first 90 days of employment are considered a probationary period. The employee or company can terminate employment without notice. After the first 90 days, progressive discipline policies will be followed for non-flagrant situations and immediate termination for any violations of a serious nature. Per the employee's contract, ACES asks for two weeks notice of all voluntary resignations. .- Benefits _ Eligible employees (must work a minimum average of 30 hours per week) are eligible to participate in our benefits plan on the first of the month following 30 days of service. If benefits are not selected during this period, an annual "open enrollment" is offered each September with an October I st effective date for any changes. Benefits include medical, dental, vision, Professional Educators Network, employee assistance program, life insurance, supplemental life insurance, short and long term disability, 401(k), stock option plan, and paid time off. Staff Training & Professional Development Throughout the year, workshops will be scheduled by Charter Schools USA to provide the ACES staff with a range of professional growth opportunities. Training in the use of technology for teachers and support staff is one such program. Charter Schools USA also provides training in effective teaching practices and the teacher evaluation process. ACES will have the opportunity to design and/or select professional development programs based on the school's needs. Charter Schools USA will seek relationships with local colleges and universities for professional development opportunities. Staff development may include, but not be limited to: .- CSUSA Teach/Administrator Evaluation Process Learning Fields Theory of Multiple Intelligences Harry Wong: The First Days of School Teaching the Block Effectively Strategies for Successful Test Taking Skillful Teacher Training Discipline With Dignity "Best Practice" Strategies for the Classroom Effective Teacher Training Centers in the Classroom Writing Effective Lesson Plans Technology in the Classroom Florida Writes FCAT Interdisciplinary Curriculum Put In Writing Application - Page 38 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 <D/lI/ Fighl.I,' reservcd. )\:'0 /Jarl uOlti5.. materil" ma)' he reproduced or utilized iI/ ()Jly/i)f'11I or hy (]II} mea/Is. willlOur I1Ti1le!1 permission/i'om Charter S'cllOols 1.:'.1'.'1. Finally, teachers will maintain a portfolio as a part of their performance evaluation process which includes evidence of relevant coursework, publications, published papers, recognition or awards they receive and other such documentation of their investment and responsibility for their own professional growth. - Teacher Qualifications Minimum and preferred qualifications for each instructional and student service position applicable to the charter school will be available for review in the Charter Schools USA Human Resources Office. Minimum and preferred qualifications for all faculty positions will be available for review as well. Each teacher's qualifications will be disseminated to parents considering the charter school for their child, as required in the charter statute. Methods of dissemination will include, but are not limited to: Displaying teacher qualifications at informational meetings and open houses. Inclusion of teacher's qualifications in the school brochure or handbook. (Qualification information will include: degrees held, past experience, certification, years of experience and any other relevant information.) ESOL Endorsement In compliance with Florida State law, META Requirements and the META Consent Decree, ACES teachers are required to participate in training when they have a limited English proficient (LEP) student assigned to their class. ACES' teaches will adhere to the following state requirements: ~,.......... Category I Teachers: Certification in another subject appropriate to the teaching assignment 15 semester hours, 300 inservice points, or a combination of both in ESOL with credit in: Methods of Teaching English to speakers of other languages ESOL curriculum and materials development Cross-cultural communication and understanding Testing and evaluation ofESOL Applied linguistics . Experienced Teachers: 6 years or more allowed for completion Beginning Teachers: 6 years or more allowed for completion Category II Teachers: Hold certification in a subject appropriate to the teaching assignment Complete 60 inservice points or 3 semester hours college credit in a combination of the ESOL strategies listed below: Methods of Teaching English to speakers of other languages ESOL curriculum and materials development Cross-cultural communication and understanding Testing and evaluation ofESOL . Experienced Teachers: 1 year to complete . Beginning Teachers: 2 years to complete Category III Teachers: . Hold certification in a subject appropriate to the teaching assignment . Complete 18 in service points or 3 semester hours college credit in a combination of the ESOL strategies listed below: Methods of Teaching English to speakers of other languages ESOL curriculum and materials development Cross-cultural communication and understanding Testing and evaluation ofESOL Experienced Teachers: I year to complete Beginning Teachers: 2 years to complete ""~. 3. Describe how the qualifications of the teachers will be described to parents considering the charter school for their children, as required in Florida's Charter School Legislation. Application - Page 39 of 42 Aventura Charter Elementary School City of Aventura Drafl- 9/01 -' ,111 rifl.hls /'(',,'('ITC(/. ,,\'n flOI"l o(!hls miller/of mill' be reproduced or wili:ed in !I/n)or!!! or 11.,: (/flY mcut1s, \1.'irl/oU! Il'I'ilfcn I'CiTllissio1lj/"{)!Il C/wr!('r SdlOuls (/5,,'_,1 .- Minimum and preferred qualifications for each instructional and student service position applicable to the School will be available for review in the Charter Schools USA Human Resources Office which is currently located in East Fort Lauderdale. Minimum and preferred qualifications for all faculty positions will be available for review as well. Each teacher's qualifications will be disseminated to parents considering the charter school for their child, as required in the charter statute. Methods of dissemination will include, but are not limited to: . Displaying teacher qualifications at informational meetings and open houses. . Inclusion of teacher's qualifications in the school brochure or handbook. (Qualification infomlation will include: degrees held, past experience, certification, years of experience and any other relevant information.) 4. Define the targeted staff size, staffing plan, and projected student-to-teacher ratio. ACES's initial staff will consist of one full-time principal, at least one full-time assistant principal (determined by total school size), a site coordinator, and such teachers as may be necessary to maintain a student to staff ratio of 20: 1. Services requiring additional staff, such as security and transportation, will be contracted ideally with persons and organizations from the local community. ISee of Exhibit K for Staffing & Salary Overviewl 5. In the case of an existing school being converted to charter status, suggest alternative arrangements for current teachers who choose not to teach in the school after conversion. Not applicable B. Transportation: 1. Discuss the plans for transporting students to and from school. Describe the arrangements, if any, that will be made with local school district or private providers. A CES anticipates that the parents will transport most of the student population. However, the A CES will be responsible for transporting all students who reside within a "reasonable distance" of the school, or who are otherwise entitled to transportation by law, in a non-discriminatory manner to and from the school. The school will contract with a MDCPS-approved private transportation firm to provide transportation for those students that qualify. The school will provide MDCPS with the name of the approved private transportation firm and the school's final transportation plan. 2. Charter schools are responsible for providing transportation for students residing within a "reasonable distance" of the charter school. Describe reasonable distance as defined in your charter school transportation plan. Describe the factors that helped form the basis for his distance determination. Due to the nature of the school and its locale, it is envisioned that parent vehicles will transport most students. If deemed necessary, ACES will contract with the safest and most cost-effective transportation vendor to provide transportation within a reasonable distance. "Reasonable distance," as defined by the Florida Department of Education, is the distance currently zoned at a comparably sized school within the district. A CES will define reasonable distance as two to four miles from the school and work with the MDCPS's Transportation Department to ensure there are no barriers to equal access for all students. 3. Describe the policies which will help ensure that transportation is not a barrier to equal access for all students. ACES will have a transportation policy that will be a result of working with the MDCPS to define a "reasonable distance." The policy will be consistent with the requirements of Chapter 234 of Florida Statute, and A CES will provide transportation to all students residing within a reasonable distance from the school. It is anticipated that reasonable distance will be two to four miles from the school. - 4. If the school district is under court-ordered desegregation, describe how that has been taken into account in the transportation plan. Application - Page 40 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 /;:~ 111 riJ.!hl.' rcserFed..'Vo port o(lhis 1!1(1/{Tia! milY he I"f.:JjJl'oduced or IIliJi::l-'d in un\.)orl11 or hll1lJ\: mea.tls. .vir/lou! 1-\.,.il{I:'!I fh"/"fJiissi(}fI.fn){J! Clmrfcr .(,.;(:/1001.- [).)'.1 We adhere to the same guidelines that are required of all public schools, which is based on policy determined by County, State and Federal laws. ,..''''....... C. Food Service: 1. Discuss the plans for providing food service. Describe the arrangements, if any, that will be made with the local school district or with a private agency. ACES will contract with a private vendor for food service. When the private vendor is chosen, the ACES will notify the MDCPS. 2. If a private agency is contracted to provide food services, describe the plan for providing food and related services, for meeting reporting requirements, and for documenting annual sanitation certification. Any private agency contracted will be a MDCPS approved school lunch provider. The contracted private vendor will prepare and deliver food to the ACES in accordance with standards established by the Florida Department of Professional and Business Regulations. Food will be delivered in containers that maintain a minimum of 140 degrees, for hot foods and 38 to -42 degrees for cold foods. The ACES school model includes a cafeteria that meets or exceeds state nutritional and sanitation standards regulated by the Florida Department of Professional and Business Regulations, Administrative rules Chapter 61C-4. Additionally, the school will adhere to dietary guidelines established by the United States Department of Agriculture, (National School Lunch Act [42U.S.C. 1751 (b)(2)(c)]), for the National School Lunch Program. The cafeteria manager will determine menus based on national child nutrition standards, monitor quality and comply with sanitation requirements. ACES will follow the same reporting requirements and documentation procedures for the annual sanitation certification as other county public schools. The private vendor will be required to maintain and supply ACES with accurate daily records of all product deliveries and current copies of FDPBR inspection certificates. 3. Describe procedures to process free/reduced lunch applications for eligible students. ACES will provide free and reduced priced meals for eligible children unable to pay the full price. The State dictates the criteria for those children from households with incomes of less than or equal to the income criteria required by the National School Lunch Program that may be eligible for either free or reduced priced meals. Efforts are made to ensure that all qualified applicants are given the opportunity to obtain free or reduced lunch. During the first week of school, application forms are given to each student. Each teacher is required to complete a form recording each child's receipt of the free/reduced lunch applications. Administrative staff is made available to answer any questions and concerns. To apply for free or reduced priced meals, parents must fill out the application and return it to the school. After the application is processed, a response is forwarded to each child and the child's parents/guardians. In accordance with National School Lunch Act (42 U.S.C. l75l(b)(2)(C)), a confidential list is then compiled and forwarded to the cafeteria manager. Meal benefits begin on the day the application is approved at the school site and continue throughout the school year in which the application is approved and for approximately the first twenty days of next school year (applicable when information is available). Any student who does not have a current application on file at the school site will be unable to receive meal benefits after September 22nd of each year. ,"-~ Application - Page 41 of 42 Aventura Charter Elementary School City of Aventura Draft - 9/01 (:':-~:111 r('.!.hl.\ re.\-erveJ. No florl nr/his IfwlerillJ I/1{1Y he reproduced or Iilili:ed in !lI1,Flilrl/1 or hJ /lny means, Wi!/lOu/l'l'rif(CfI [1erm;ssioJ/Junn Clwrfer S(~h()ols [/S.1 FINAL DOCUMENTATIONS ~ All final documentation will be submitted to the School Board prior to the opening of the charter school: Facilities Safety Approval: (a) Inspection by local building inspector (b) Inspection by Fire Department (c) Compliance with other federal and state health and safety laws and regulations (d) Final Site Plan & Floor Plan Governance Documents: (a) Resolution (b) Contracts (c) Other required documentation (d) Updated Board Members' Information, verification of fingerprinting & disclosure information Other (a) Proof ofInsurance (b) Final Budget (c) School Calendar ,~- - Application - Page 42 of 42 Avenlura Charter Elementary School City of Aventura Draft - 9/01 \' ,1// rig hIs resern:d. No parlor/his mlller/al mllY h(~ rep}'odt.H:ed ur wili:::;.!:.'d In 011,\: fnrm or h"l-' /1m' 1I/t'LUIS, ,Fit/lOut .IT/Hen permissio/} .1/'01/1 C!Wrler School.., (jS.1. Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Exhibit J Exhibit K Exhibit L Exhibit M Exhibit N Exhibit 0 ApPENDIX TABLE OF CONTENTS Overview: City of Aventura Facilities Portfolio School Budget Sample Narrative Report Card Founders' Bios/Resumes Overview: Charter Schools USA Sample Parent Contract Independent Scientific Survey Evidence of Community Support Overview: CSHD & W A Staffing & Salary Overview Start-Up Budget Code of Conduct Addendum Student Application Form Registration Package Aventura Charter Elementary School City of Aventura .- Exhibit A Overview: City of A ventura ~ ,,..~ OVERVIEW CITY OF A VENTURA The City of Aventura was incorporated in 1995. Once a small and quiet community known as an enclave for retirees, the City has become home to over 26,000 residents from all walks of life. The City has undergone a renaissance over the past six years. The demographics of the City are changing as the City has become home to more young families with school age children. The City is located in northeast Miami-Dade County and is 3.2 square miles in size. High-rise condominiums along the Intracoastal, office buildings and large retail venues such as A ventura Mall have created a sound economic base for the City. Since the incorporation, the City has provided higher quality services at the same low tax rate without increasing taxes. During the first five years of the City's existence, special attention was given to creating a full service, highly visible Police Department and Citywide beautification improvements and providing parks and recreation opportunities to the community. ~ This improved quality of life has attracted many young families who wish to raise their families in a safe and attractive environment. Unique shopping experiences, unparalleled residences, superior medical facilities, fine restaurants and quality City services contribute to the City's claim as the "City of Excellence". A ventura is governed by a commission-manager form of government, combining the political leadership of its elected officials with the executive experience of its City Manager. This structure is vastly different from that of other local governments, emulating the private sector by privatizing services and emphasizing customer service. The City Commission is committed to providing quality municipal services at the lowest possible cost. The City's operating departments include the Office of the City Manager, City Clerk's Office, Legal, Community Development, Community Services, Finance Support Services and Public Safety. The city's progress and development continue at a record setting pace while emphasizing community involvement. "",,-- A ventura Charter Elementary School City of A ventura Appendix - Exhibit A Page I A ventura at a Glance ~ Land Area: 3.2 square miles Location: 12 miles north of Miami 12 miles south of Fort Lauderdale 1 mile west of the Atlantic Ocean Form of Government: Commission- Manager Annual City Budget: $44.8 Million Millage Rate: 2.27 Population: 25,767 Zip Codes: 33180,33160 Total Real Estate Value: 3.9 Billion Police Force: 69 sworn officers .'~ Major Economic Drivers: Retail, Medical Number of Businesses: 2,916 Demographics: White: 75% Hispanic: 21 % Black: 2% Other: 2% ,~< A ventura Charter Elementary School City of A ventura Appendix - Exhibit A Page 2 ,~ /,......, ,..........., A ventura Charter Elementary School City of A ventura Exhibit B Facilities Portfolio Appendix - Exhibit B .""'~ Proposed Site Plan School & Community/Recreational Center )> 1D o o In '" :t " l: z o " :D '" '" '" ~ ~~ ~ '" . * ~ ... ~~ . . ~. . '. -"* "........... is ::l F;\ Ol t u; a\ ::l Oil IJ! '" 0 )> ~ 0 '" I I , I is c o M M U N . T V C E N T E ::l F3 Ol t u; a\ ::l a\ IJ! ----=- ':.'" 1:l In '" :t " l: z :D A VENTURA CHARTER SCHOOL A ventura Charter Elementary School City of A ventura Appendix - Exhibit B Page 1 ACES-Ground Floor ~ > .. o o m '" x " J: z o .., " '" '" '" '" . . '" Ol Ol C3 . ~8 .. ~8 IS IS /---, :l ij~ :l 13 13 ~0 118 t\ t\ i t ~8 ~8 t "S 11. r--- 11. ill ill . ~ ,.- ~8 ~S ~ ill ill III III r:! r:! m '" X " ;r:: z " A VENTURA CHARTER SCHOOL .~.."'-~ A ventura Charter Elementary School City of A ventura Appendix - Exhibit B Page 2 ACES-Second Floor ,. III o o In ." " :I: " ~ z o " :Jl '" '" .. , . 0> ij~ ij~ 0> , . ij~ ij@ III III . , '" ~~ ij~ '" 1$ 1$ ~ . , ij~ 18 ~8 :l :l Kl . . Kl il8 ~8 IS IS . It ~8 . r ~@ ~~ It 0\ ( 0\ . ill ij~ al r r =l ij8 .8 =l 1lI 110 il il ~ ~ ,. In ." Cl :I: " ~ Z :Jl )> A VENTURA VI . . CHARTER SCHOOL 0 N .- A ventura Charter Elementary School City of A ventura Appendix - Exhibit B Page 3 ",........... ,.,.,~ ,....-., A ventura Charter Elementary School City of A ventura Exhibit C School Budget Appendix - Exhibit C _. A ventura Charter Elementary School (ACES) A ventura, Florida School Budget & Five-Year Financial Forecast .~~ Charter Schools USA September-Ol ~ Aventura Charter Elementary School (ACES) Miami-Dade County, Florida ._School Configurations At 100% Enrollment 600 Tar et Student-to- Teacher Ratio: Student-to- Total Staff Ratio: 17.6 15.0 Inputs in Blue Class Size Students Per Homeroom Classroom (Kindergarten): Students Per Homeroom Classroom (1 st - 5th): Students Per Homeroom Classroom (6th - 8th): 20 25 25 Applicatons o o o o o o o Modeled Homeroom Classrooms Kindergarten ] sl Grade 2nd Grade 3rd Grade 4th Grade 5th Grade 6th Grade 7th Grade 8th Grade Year I 5 4 4 4 4 4 Year 2 Year 3 Year 4 Year 5 At Maturity -+-- 5 5 5 5 5 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 4 Option 1 I - 25 25 25 25 25 25 I Option 2 I Year I Year 2 Year 3 Year 4 Year 5 At Maturity Kindergarten 4 5 6 6 6 6 I st Grade 4 5 5 5 5 5 2nd Grade 4 4 5 5 5 5 3rd Grade 3 4 4 5 5 5 4th Grade 3 3 4 5 5 5 5th Grade 3 3 4 5 5 6th Grade 7th Grade 8th Grade 18 24 27 30 31 3] I Option 3 Year I Year 2 Year3 Year 4 Year 5 At Maturity Kindergarten 5 6 6 6 6 6 I st Grade 4 5 6 6 6 6 2nd Grade 3 4 5 6 6 6 3rd Grade 2 3 4 5 6 6 4th Grade 2 2 3 4 5 6 5th Grade 2 2 2 3 4 6 6th Grade 7th Grade 8th Grade c"~' 18 22 26 . 30 33 36 Aventura Charter Elementary School (ACES) Miami-Dade County, Florida - "Ichool Configurations IAt 100% Enrollment I 600 Target Target Student-to-Teacher Ratio: 17.6 Student-to- Total Staff Ratio: 15.0 Students by Grade Option 1 I Year 1 Year 2 Year 3 Year 4 Year 5 At Maturity Kindergarten 100 100 100 100 100 100 1 st Grade 100 100 100 100 100 100 2nd Grade 100 100 100 100 100 100 3rd Grade 100 100 100 100 100 100 4th Grade 100 100 100 100 100 100 5th Grade 100 100 100 100 100 100 6th Grade 0 0 0 0 0 0 7th Grade 0 0 0 0 0 0 8th Grade 0 0 0 0 0 0 600 600 600 600 600 600 ~ I Option 2 Year 1 Year 2 Year 3 Year 4 Year 5 At Maturity Kindergarten 80 100 120 120 120 120 1 st Grade 100 125 125 125 125 125 2nd Grade 100 100 125 125 125 125 - 3rd Grade 75 100 100 125 125 125 4th Grade 75 75 100 125 125 125 5th Grade 0 75 75 100 125 125 6th Grade 0 0 0 0 0 0 7th Grade 0 0 0 0 0 0 8th Grade 0 0 0 0 0 0 430 575 645 720 745 745 I Option 3 Year I Year 2 Year 3 Year 4 Year 5 At Maturity Kindergarten 100 120 120 120 120 120 1 st Grade 100 125 150 150 150 150 2nd Grade 75 100 125 150 150 150 3rd Grade 50 75 100 125 150 150 4th Grade 50 50 75 100 125 150 5th Grade 50 50 50 75 100 150 6th Grade 0 0 0 0 0 0 7th Grade 0 0 0 0 0 0 8th Grade 0 0 0 0 0 0 425 520 620 720 795 870 Required Homeroom Classrooms Year 1 Year 2 Year 3 Year 4 Year 5 At Maturity Option 1 25 25 25 25 25 25 ~ Option 2 18 24 27 30 31 31 ......-.~ Option 3 18 22 26 30 33 36 2 Aventura Charter Elementary School (ACES) Miami-Dade County, Florida Assumptions Underlying All School Configuration Options .- Enrollment / Attendance Enrollment is assumed to be the following percentage of previously assumed student counts: Average Attendance is assumed to be the following percentage of the above Enrollment: OPTION:D:] .. Targeted Student Count Enrollment is conservatively planned at: and the planned A verage Attendance is: 600.0 570.0 535.8 Revenues Base Capitation rate is based on FDOE infonnation for the year 2000 - 2001. Distribution by district is based on estimates provided by founders: Assumed from Miami-Dade County Assumed % of Students to be Given Transportation Assumed number of transported students Assumed reimbursement Other Program Revenues per Month Breakfast and lunch revenue populations are assumed initially as follows: Breakfast Participation Lunch Participation Free Reduced Full-paying The assumed breakfast and lunch revenue collection is: Private and corporate grants are planned to be: Expenses Compensation 100.0% 25.0% 143 $341 $0 25.0% 75.0% 10.0% 10.0% 80.0% 94.0% $0 Teacher and Staff initial salaries and future increases are based on market rates and future perfonnance reviews. Assumed monthly Workers Comp budget per $100 in payroll Substitute teachers utilization is assumed at the following utilization of teacher sick and personal days: Assumed increase in health and dental rates: Assumed increase in life, L T Disability and ST Disability rates: Assumed average % of salaries and wages contributed by employees to 40 I K: Assumed school 401 K match (matched capped on 1st 6% contributed by employee) Resulting percentage of salaries and wages to budget at 40lK match: ESE population as a % of total Enrollment Contracted SPED services are assumed at the following amount per ESE student: ..~, Teacher targeted retum incentive (per returning teacher to address MDCSB increases): Coaches Stipends: 95.0%, 94.0% 90.0% $1.19 17.5% 10.0% 4.0% 25.0% 1.00% 12.0% $750 $0 at 8/15/01 $0 at 1/15/01 $0 per season Aventura Charter Elementary School (ACES) Miami-Dade County, Florida Assumptions Underlying All School Configuration Options Professional Services Outside Staff Development Management, Curriculum Development and Back Office Servicc fee to CSUSA as a % of Revenues Bank Fees Third Party Auditing / Tax Preparation Computer Consulting Ongoing Student Recruitment Ongoing Staff Recruitment Fee to Miami-Dade County School Boards as a % of State Capitation Payments Vendor Services Contracted transportation expenses everyday plus afterschool activities Contracted transportation expenses field trips Extracurricular activities - sporting events & transportation Contracted breakfast and lunch expenses based on above revenue expectations ( See NSLP and Breakfast & Lunch Expense tabs) Contracted special needs transportation Contracted daytime & nightime custodial ($9.00 times 5 FTEs times 6 hours times 5 days per wk times 45 wks) Contracted security services ($12 times 2 guard times 9 hours times 5 days per wk times 45 wks) Adminstrative Expense - StafTtravel (conferences, training, etc.) Printing Office Supplies Food service small wares and paper supplies Medical supplies I ustructional Expenses Curriculum Enhancement Purchases Consumable Instructional Equipment (mostly workbooks) per enrolled student Initial Library Books Testing Materials Instructional Supplies Additional Sporting Goods Other Operating and Fixed Expenses All Other Operating expenses based on experience (see inputs on Monthly Budget page). Leasing expenses relate to the leasing of computers, furniture, telephones and textbooks (See subsequent pages) Debt Service Miscellaneous Expenses (to cover unforeseen contigencies and unticipated service requirements) are modeled at 3.29%, of total revenues. - $5,000 14'Y. $120 $12,000 $1,000 $1,500 $4,000 5.0% $105,300 $4,000 $0 $22,500 $60,750 $48,600 $1,800 $2,200 $12,000 $0 $500 $4,000 $70.00 $5,000 $8,500 $11 ,000 $1,500 3 buses "'........ A ventura Charter Elementary School (ACES) Five-Year Financial Forecast "~ -- Charter Schools USA September 2001 ~ Aventura Charter Elementary School (ACES) Miami-Dade County, Florida Five-Year Financials Highest Grade Maximum Enrollment Average or Budgeted Enrollment Forecast Capilolion (Ba,~e + Categorical) Revenues Local Cap. 1 Student Statc Cap. 1 Student State Start-Up Grant Fed Cap. 1 Student Private Grants Student Transportation Other Program Revenues State Spec Ed Fed Spec Ed Total Earned Capitation Fed Free Lunch & Breakfast Fed Reduced Lunch & Bkfst Fed Paying Student OfTset Student Revs Reduced Student Revs Full Total Earned Food Service Total Revenues Salaried Personnel Administrative StafT Guidance Counselors Teachers - ESE Teachers - Resource I Computers Teachers - Subject Teachers Teachers - Specialty Teachers Permanent Substitute Teachers Teacher Targeted Return Incentive Coaches Stipends Incremental Positions - See Assumptions Total Salaries Hourly Wage Personnel Pupil Services Cafeteria Custodial (In Contracted Services - NL) Administrative Substitute Teachers 1 Buyout of Days Total Hourly Wages Taxes & Benefits Group Insurance & Other Worker's Compensation Payroll Taxes Total Taxes & Benefits Contracted SPED - Instruction Total Cost of Compensation Revenues Less Total Compensation c_ Year I Year 2 Year 3 Year 4 Year 5 PrelimiJlary Budget Forecast F orecasl Forecast Forecast FYE 6/30/04 % FYE 6/30/05 ~ FYE 6/30/06 ~ FYE 6/30107 % FYE 6/30/08 ~ 5th 5th 5th 5th 5th 600 600 600 600 600 570 95.0% 570 95.0% 570 95.0% 570 95.0"/0 570 95.0% $4.893 $5.114 $5.344 $5.584 $5.835 - - 2,789,197 90.4% 2,914,71 I 91.8% 3,045,873 91.8% 3, I 82,937 91.9% 3,326,169 91.9% 70,000 2.3% - - - - 25,000 0.8% 25,000 0.8% 25,000 0.7% 25,000 0.7% 48,545 1.6% 50,245 1.6% 52,003 53,823 55,707 2,500 0.1% 5,000 7,500 10,000 - - - - - - 2,907,743 94.3% 2,992,456 94.3% 3,127,876 94.3% 3,269,261 94.4% 3,416,877 94.4 % 17,031 0.6% 17,627 0.6% 18,244 0.6% 18,883 0.5% 19,544 0.5% 13,477 0.4% 13,949 0.4% 14,437 0.4% 14,942 0.4% 15,465 0.4% 14,940 0.5% 15,463 0.5% 16,004 0.5% 16,564 0.5% 17,144 0.5% 2,322 0.1% 2,403 0.1% 2,487 0.1% 2,574 0.1% 2,664 0.1% 128,413 4.2% 132,908 4.2% 137,560 4.1% 142374 4.1% 147,357 4.1% 176,184 5.7% 182,350 5.7% 188,732 5.7% 195,338 5.6% 202,175 5.6% 3,083,926 100.0% 3,174,806 100.0% 3,316,608 100.0% 3,464,598 100.0% 3,619,051 100.0% 150,000 4.9% 156,750 4.9% 163,804 4.9% 171,175 4.9% 178,878 4.9% - - - - - 117,120 3.8% 122,390 3.9% 127,898 3.9% 133,653 3.9% 139,667 3.9% 74,040 2.4% 77,372 2.4% 80,853 2.4% 84,492 2.4% 88,294 2.4% 851,780 27.6% 890,110 28.0% 930,165 28.0% 972,022 28.1% 1,015,763 28.1% 133,336 4.3% 139,336 4.4% 145,607 4.4% 152,159 4.4% 159,006 4.4% - - - - - - - - - - 0.0% - 0.0% - 0.0% 0.0% - 0.0% - - - - - - - 1,326,275 43.0% 1,385,958 43.7% 1,448,326 43.7% 1,513,500 43.7% 1,581,608 43.7% - - - - - - - 69,680 2.3% 72,816 2.3% 76,092 2.3% 79,516 2.3% 83,095 2.3% 24,691 0.8% 25 802 0.8% 26,963 0.8% 28,177 0.8% 29,445 0.8% 94,371 3.1% 98,618 3.1% 103,056 3.1% 107,693 3.1% 112,539 3.1% 65,246 2.1% 68,182 2.1% 71,250 2.1% 74,456 2.1% 77,806 2.1% 16,906 0.5% 17,505 0.6% 18,293 0.6% 19,116 0.6% 19,976 0.6% 124 062 4.0% 129 645 4.1% 135479 4.1% 141,575 4.1% 147946 4.1% 206,213 6.7% 215,331 6.8% 225,021 6.8% 235,147 6.8% 245,729 6.8% 51,300 1.7% 53,300 1.7% 55,300 1.7% 57,300 1.7% 59,300 1.6% 1,678,160 54.4% 1,753,207 55.2% 1,831,703 55.2% 1,913,641 55.2% 1,999,176 55,2% 1,405,767 45.6% 1,421,598 44.8% 1,484,905 44.8% 1,550,957 44.8% 1,619,875 44.8% Financial Forecast Page 1 - Aventura Charter Elementary School (ACES) Miami-Dade County, Florida Five-Year Financials Highest Grade Professional Services Legal Fees - Independent Counsel Accounting Services - Independent Audit Outside StaffOevelopment Consulting Fees Fees for G & A, Curric, Development & Training Bank Service Fees Computer Service Fees Temporary Agency Fees Misc. Board-Directed Fund Fee to Miami-Dade County School Board Marketing & Enrollment Staff Recruitment Vendor Services Contracted Pupil Transportation Extra-Curricular Activity Events & Transportation Contracted Food Service Contracted SPED - Non-Instruction Contracted Custodial Services Contracted Security or Maintenance ,-, Administrative Expenses Travel! Auto Airfare Mea]s Lodging Business Expense-other Dues & Subscriptions - PEN Membership Printing Office Supplies In-house Food Service - Cost of Food Food Service - Paper and Small wares Medical Supplies Instruction Expense Non-Leased Textbooks Consumable Instructional Equipment Textbooks, Library & Reference Books Other Publications Testing Materials Instructional Supplies (incl. $25 / per teacher / mo.) Sporting Goods Year 1 Year 2 Year 3 Year 4 Year 5 Preliminary Budget Forecast Forecast Forecast Forecast FYE 6/30/04 % FYE 6/30/05 % FYE 6/30/06 ~ FYE 6/30/07 % FYE 6/30/08 ~ 5th 5th 5th 5th 5th - - - - - - ]2,000 0.4% 12,500 0.4% 13,000 0.4% 13,500 0.4% 14,000 0.4% 5,000 0.2% 7,500 0.2% 10,000 0.3% 12,500 0.4% 15,000 0.4% 431,750 14.0% 444,473 14.0% 464,325 14.0% 485,044 14.0% 506,667 14.0% 1,000 0.0% 1,029 0.0% 1,075 0.0% 1,123 0.0% 1,174 0.0% - - - - 139,460 4.5% 145,736 4.6% 152,294 4.6% 159,147 4.6% 166,308 4.6% 1,500 0.0% 1,500 0.0% ],500 0.0% ],500 0.0% 1,500 0.0% 4,000 0.1% 4,000 0.1% 4,000 0.1% 4,000 0.1% 4,000 0.1% 594,710 19.3% 616,738 19.4% 646,194 19.5% 676,814 19.5% 708,649 19.6% 109,300 3.5% 113,126 3.6% 117,085 3.5% 121,183 3.5% 125,424 3.5% 176,690 5.7% 182,874 5.8% 189,275 5.7% 195,899 5.7% 202,756 5.6% 22,500 0.7% 23,288 0.7% 24,103 0.7% 24,946 0.7% 25,819 0.7% 60,750 2.0% 62,876 2.0% 65,077 2.0% 67,355 1.9% 69,712 1.9% 48,600 1.6% 50,301 1.6% 52,062 1.6% 53,884 1.6% 55,770 1.5% 417,840 13.5% 432,464 13.6% 447,601 13.5% 463,267 13.4% 479,481 13.2% 1,800 0.1% 1,863 0.1% 1,928 0.1% 1,996 0.1% 2,066 0.1% - - - - - - - - - - - - - - - - 2,200 0.1% 2,277 0.1% 2,357 0.1% 2,439 0.1% 2,525 0.1% 12,000 0.4% 12,420 0.4% 12,855 0.4% 13,305 0.4% 13,770 0.4% - - - - - - - - - - - - 500 0.0% 518 0.0% 536 0.0% 554 0.0% 574 0.0% 16,500 0.5% 17,078 0.5% 17,675 0.5% 18,294 0.5% 18,934 0.5% 4,000 0.1% 4,140 0.1% 4,285 0.1% 4,435 0.1% 4,590 0.1% 39,900 1.3% 41,297 1.3% 42,742 1.3% 44,238 1.3% 45,786 1.3% 74,226 2.4% 76,824 2.4% 79,512 2.4% 82,295 2.4% 85,176 2.4% 200 0.0% 207 0.0% 214 0.0% 222 0.0% 230 0.0% 8,500 0.3% 8,798 0.3% 9,105 0.3% 9,424 0.3% 9,754 0.3% 11,000 0.4% 11,385 0.4% 11,783 0.4% 12,196 0.4% 12,623 0.3% 1500 0.0% 5,000 0.2% 5,000 0.2% 5,000 0.1% 5,000 0.1% 139,326 4.5% 147,650 4.7% 152,642 4.6% 157,810 4.6% 163,158 4.5% Financial Forecast Page 2 ,,,,,............ Aventura Charter Elementary School (ACES) Miami-Dade County, Florida Five-Vear Financial. Highest Grade Other Operating Expenses Telephone Postage Express Mail Electricity Cable / Satellite Water & Sewer Waste Disposal Security (monitoring of system) Pest Control Maintenance & Cleaning Supplics Building Repairs & Maintenance Equipment Repairs & Maintenance incl. Kitchen Computer Repairs & Maintenance (inc\. Licensing) Reenrollment / Student Incentivcs School Moving Expense Graduation Expense Miscellaneous Expenses - See Assumption Page Profit After Operaling Expenses Fixed Expense Rent Expense - See Below CAM, TMl & Merchant Assoc. Dues Property & Rent Taxes Office Equipment - Leasing Expense Professional Liability Insurance Interest Expense / (Income) - See Below Depreciation ,~ Amortization Surplus /Defieil Addback Non-Cash Items Operating Cash Surplus / (Deficit) -" Year I Year 2 Year 3 Year 4 Year 5 Prelimi,laf)' Budget Forecast Forecast Forecast F oreCQst FYE 6/30104 ~ FYE 6/30/05 ~ FYE 6/30/06 % FYE 6/30/07 ~ FYE 6/30/08 ~ 5th 5th 5th 5th 5th 5,750 0.2% 5,951 0.2% 6,160 0.2% 6,375 0.2% 6,598 0.2% 2,904 0.1% 3,006 0.1% 3,111 0.1% 3,220 0.1% 3,332 0.1% 208 0.0% 215 0.0% 223 0.0% 231 0.0% 239 0.0% 37,200 1.2% 38,502 1.2% 39,850 1.2% 41,244 1.2% 42,688 1.2% 286 0.0% 296 0.0% 306 0.0% 317 0.0% 328 0.0% 1,440 0.0% 1,490 0.0% 1,543 0.0% 1,597 0.0% 1,652 0.0% 4,100 0.1% 4,244 0.1% 4,392 0.1% 4,546 0.1% 4,705 0.1% 1,500 0.0% 1,553 0.0% 1,607 0.0% 1,663 0.0% 1,721 0.0% 240 0.0% 248 0.0% 257 0.0% 266 0.0% 275 0.0% 5,750 0.2% 5,951 0.2% 6,160 0.2% 6,375 0.2% 6,598 0.2% 9,750 0.3% 10,091 0.3% 10,444 0.3% 10,810 0.3% 11,188 0.3% 5,200 0.2% 5,382 0.2% 5,570 0.2% 5,765 0.2% 5,967 0.2% 4,875 0.2% 5,046 0.2% 5,222 0.2% 5,405 0.2% 5,594 0.2% 750 0.0% 776 803 0.0% 832 0.0% 861 0.0% - 2,000 0.1% 7,500 9,000 10,500 12,000 101,438 3.3% 55918 1.8% 57,145 1.7% 59,128 1.7% 61904 1.7% ] 83,391 5.9% 146,169 4.6% 151,793 4.6% 158,273 4.6% 165,652 4.6% 54,000 1.8% 61,500 1.9% 69,000 2.1% 76,500 2.2% 84,000 2.3% - - - - - - - - . - - - 15,600 0.5% 20,600 0.6% 25,600 0.8% 30,600 0.9% 35,600 1.0% 38,400 1.2% 40,900 1.3% 43,400 1.3% 45,900 1.3% 48,400 1.3% - - - . - - - - . - - - - - 54,000 1.8% 61,500 1.9% 69,000 2.1% 76,500 2.2% 84,000 2.3% - - - - - - - - - - - - - - - - - - Financial Forecast Page 3 "'........., - ,........ 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I~ ~ ., c: c: c: U l.J 0 0 0 " ~ '; e os e e t Q " c: " " " ~ 0 ~ Vi 0 0 os ;:s! ~- Exhibit E Founders' Resumes/Bios & References ,"~, - A ventura Charter Elementary School City of A ventura Appendix - Exhibit E - Jeffrey M. Perlow, Mayor, City of Aventura As Mayor, preside at all Commission meetings; Head of City Government for all ceremonial purposes and for purposes of military law, for service of process, represent City in all dealings with other governmental entities; set legislative policy for the City as member of the Commission Attorney specializing in real estate law, wills, trusts, probate, corporate and business law Bachelor of Science in business administration from University of Denver. Majored in accounting. Law degree from DePaul University Law School, Chicago Vice President of Aventura Turnberry Jewish Center; Board of Trustees of Aventura Hospital; Co-Chair of Anti-Defamation League annual dinner in Aventura; Co-Chair of American Israel Public Affairs Committee annual dinner in Aventura Commissioner Arthur Berger As a member of the Commission, set legislative policy for the City Retired: - New York University and New York University School of Law; Juris Doctor; cum laude. President, Survival Research Foundation; Director, International Institute for the Study of Death; Member, Hospital Bioethics Committee; Attorney and lecturer in fields of Bioethics, advance directives, gerontology, and thanatology; Narrator for the Library of Congress in its program of talking books for the blind. Member of the National League of Cities Policy Committee on Human Development; Adjunct Professor, Broward College, Continuing Health Program for Health Professionals; Medical Faculty, Broward General Medical Center; Consultant to Reader's Digest; Vice President of Cross-Cultural Affairs, Foundation of Thanatology at Columbia-Presbyterian Medical Center, New York City; Instructor, Institute for Retired Professionals, University of Miami; Instructor, Institute for the Study of Aging, Nova University; Adjunct Professor, Elders Institute, Florida International University; Adjunct Professor, Institute of Retired Professional, Nova University. Jay R. Beskin, Commissioner, City of Aventura As a member of the Commission, set legislative policy for the City _. Attorney specializing in corporate and tax law, commercial transactions, estate planning and probate - Bachelor of Science in foreign service, Georgetown University School of Foreign Service in Washington, DC; JD from Washington University School of Law in St. Louis; Certified Public Accounting at University of Illinois in Champagne, IL Adjunct professor of business planning law at Illinois Institute of Technology Chicago - Kent College of Law; Vice President of Jewish Council for Youth Services in Chicago; Chair of Center for Community and Condominium Living; Chair of Northeast Dade Leadership Council; Executive Committee of Northeast Dade Coalition; Director of Food for Life Network; Director of Aventura Turnberry Jewish Center; Ambassador for Weizmann Institute of Science in Israel; President of Aventura Chamber of Commerce Ken Cohen, Commissioner, City of Aventura As a member of the Commission, set legislative policy for the City Retired: Pres/CEO - Jersey-York Realty Corp.; Pres/CEO Beach Refrigerator Co., Inc.; Pres/CEO Arken Refrigerator Co., Inc.; American Refrigerator Co. Bachelor of Science from New York University, Stern School ...- Concerned Citizens of Northeast Dade; Joint Council of Aventura; Northeast Dade Coalition; Citizens Advisory Committee, Metro-Dade Police Station No.6; Dade County Citizens Task Force on Incorporation and Annexation; Miami-Dade County Citizens Transit Advisory Committee; North Dade Proposed Trauma Center; Miami-Dade County Partners for Safe Neighborhoods; South Florida Food Recovery Trustee; Florida Bar Citizens Forum; Florida Bar 11th Judicial Circuit Grievance Committee; Flamenco Condominium Association; Aventura Chamber of Commerce; Aventura-Turnberry Jewish Center; Jewish War Veterans; B'Nai B'Rith; Classic by Hyatt Advisory Board; Aventura-Biscayne Committee for Incorporation; Aventura Political Action Committee, Inc.; City of Aventura Founder; Past and present service on Committees of the Miami-Dade County league of Cities, Florida League of Cities and National League of Cities; Sister Cities International Host Committee Commissioner Manny Grossman As a member of the Commission, set legislative policy for the City Retired: Managed men's clothing store on Lincoln Road in Miami Beach; Operated Housewares/Gift Shop in Philadelphia for 20 years; Former Corporate Vice President in the Savings Division of American Savings and Loan Association ...- Majored in Electrical Engineering at Clarkson College in Potsdam, New York .- President of Coronado Condominium Association for 12 years; Aventura Turnberry Jewish Center Board of Directors; Former Aventura Beautification Advisory Board member; Former Greater Miami Jewish Federation Chairman; Former Philadelphia Zionist Federation President. Commissioner Harry Holzberg As a member of the Commission, set legislative policy for the City Retired: Co-Owner, Tells Department Stores Bachelor of Science from Long Island University, New York .- Held all officer positions including President of the North Miami Beach Optimist Club; served on Board of Directors for 20 years, Past Little League Baseball Commissioner for 15 years, Little League Football Commissioner for 5 years; Manager/Coach in Football, Baseball and Basketball; Served on Board of Directors of Waterview Condominium Association; Former Vice President and Board of Directors of Joint Council of Aventura; Past Treasurer and Board of Directors of Aventura Biscayne Committee for Incorporation; Served on Board of Directors of Aventura Political Action Committee, Inc.; Founding member of City of Aventura; Received Key to City of North Miami Beach for outstanding service to the City; Life Membership to Optimist International Commissioner Patricia Rogers-Libert As a member of the Commission, set legislative policy for the City Consulting services including education, mediation and management services; Condominium and Community Services; Grants research and funding; legislation analyses Bachelor of Science in Psychology from Duke University; Graduate courses - University of Miami - Committee member, Board of Directors and various offices held (past and present) in the Florida League of Cities, National League of Cities, Gold Coast League of Cities and Miami-Dade County League of Cities; Northeast Dade Coalition; Northeast Dade Leadership Council Political Action Committee; South Florida Food Recovery Project; Miami-Dade County Community Relations Board Steering Committee of Intergroup Relations Project; Dade Coalition for Responsive Local Government; Miami-Dade County Committee on Incorporation of the Unincorporated Area; Miami-Dade School Board Impact Committee; Biscayne Boulevard Northeast Dade Transportation Corporation; Dade County Point of Service Committee; Co-Creator and Chair, Center for Community & Condominium Living, Inc.; Florida Municipal Insurance Trust; Co-Creator and Co- Publisher, the Communicator, The Voice of the Northeast Dade Coalition; Florida State Condominium Advisory Committee; EYES for Art, Center for the Fine Arts; - Board of Directors of Center for Survival & Independent Living; Technical Review Committee for the Comprehensive Housing and Social Need Survey in the Haitian Community; ,- ,-....;IIWIllrl;... ,~,......... Exhibit F Overview: Charter Schools USA, Inc. .- ".,.,.l!"~,_ A ventura Charter Elementary School City of A ventura Appendix - Exhibit F OVERVIEW -^~ The CSUSA School Portfolio is comprised of twenty-one (21) charter schools currently in operation and twenty-one (21) approved charters to open over the next five years, resulting in the industry's largest pipeline. FLORIDA SCHOOLS (9) Miami-Dade County, Florida Ryder Elementary School, Doral,K-5Ih Northeast Academy, North Miami Beach, K_5rh North County Charter School, Opa-Locka, K_5th Broward County, Florida North Lauderdale Academy High School, North Lauderdale, 9th - J 2rh Coral Springs Charter School, Coral Springs, 6th_12th + Parkway Academy at BCC, Miramar, 9- J th North Broward Academy of Excellence, North Lauderdale, 9th_J 2th + Indicates two schools on one campus. Bay County, Florida Bay Haven Charter Academy, Bay Haven, K_5th TEXAS SCHOOLS (12) Academy of Skills and Knowledge (ASK), Tyler, K_8rh + · Oak Cliff Academy, Dallas, K_7rh + · New Frontiers Charter School, San Antonio, K_Efh + · Midland Academy Charter School, Midland, K_71h + · Houston Gateway Academy, Houston, K_7rh + · McCullough Academy of Excellence, Austin, K_51h San Marcos Preparatory School, San Marcos, K_5rh Charter Schools USA represents the most experienced and creative approach to charter school development, management and operation. We pride ourselves on being a team of creating firsts, including: . First to operate and develop a municipal charter high school in the u.s. First to operate Florida's first charter school-in-the-workplace in the country. First Charter High School to receive accreditation from the Southern Association of Colleges and Schools (SACS). First school in the state to improve state-mandated tests by 25%, in one year. /~- A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page I OVERVIEW DESCRIPTION OF FIRM ;;-.... CHARTER SCHQQLS ~SA Charter Schools USA, Inc. is one of the nation's fastest growing charter school management companies. Founded in 1997 by Jonathan Hage, one of the early leaders of the Florida charter school movement, CSUSA provides turn-key school outsourcing for corporations, municipalities, universities, developers and non-profits with all stages of charter school development, construction, planning, marketing, financing, human resources, curricula and school operations. CSUSA currently operates five schools and holds contracts on thirty-seven additional schools, including the nation's first municipally organized charter high school, the first charter school-in-the-workplace and the nation's largest charter school of its kind. CSUSA schools are individually developed to meet the unique needs and requirements of the client and community. All CSUSA educational advantages exceed public school standards, including small class size, integrated technology, parental involvement contracts, student uniforms, enforced discipline polices, qualified staff, community focus and high academic performance. Improved administrative efficiencies, outsourcing and less red tape result in more classroom funding and increased teacher performance. CSUSA is one of the first education management companies to provide stock options to its teachers and staff. Management believes that private enterprise can play a positive role in our national efforts to improve academic performance in the public school system by providing innovative and entrepreneurial models that focus on accountability and competition. To this end, CSUSA provides its clients with professional educational management services so they can benefit from the results - better educated students. ,.-.. This commitment is reflected in the Company's internal hierarchy of service. It is the overriding goal of CSUSA that all activities support the School's mission of teaching children. Although the organization chart is more traditional, each Charter School USA corporate employee knows that this is the real focus of the company: Putting Students First sm EDUCATION Superior AcoJ"mic Rem/ufor Ual'kelj"K Su,wrWr AwJemk Re$~/lsfor Cliellls BUSINESS DEVELOPMENT CLIENT SERVICES ~ " FINANCE SCHOOL DEVELOPMENT TECHNOLOGV ..- A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 2 OVERVIEW ORGANIZATIONAL HIERARCHY ~,,,"""-. Glenn Pierce Executive Vice President DEVELOPMENT GOVERN. AFFAIRSI LOBBYING Billy Buzzett Poole & McKinley BUSINESS DEVELOPMENT l--~_______.~~' ~ Southern Region Southwest Region Northeast Reg ion Central Region Western Region ~._------~~' i SCHOOL DEVELOPMENT : ,~" i i I ~ 1 RE/Facilities Student Enrollment & Marketing Project Fina ncing A ventura Charter Elementary School City of A ventura Charter Schools USA Jonathan Hage President & CEO EXECUTIVE Tripp Scott Attorneys at Law LEGAL Jonathan Mariner COO OPERATIONS Dr. Fredie Chief Education Officer EDUCATION ~ Curriculum & Instruction Reasearch & Assessment Special Education Services School Oversight & Goal Setting Patrick Leger Vice President FINANCE Accounting Finance Payroll Grant Writing Food Services Procurement Marilou Bradford Vice President HUMAN RESOURCES Technology Support eStudent Information Systems Product Refinement & Marketing Technology Vendor Alliances Mike Strader Senior Vice President OPERATIONS Client Services Governmental Relations Public Affairs Marketing Facilities Dr. Katherine Murphy Vice President ELEMENTARY SCHOOL OPERATIONS Appendix - Exhibit F Page 3 OVERVIEW Key Personnel Jonathan K. Hage Jonathan K. Hage is the Chairman of the Board of Directors, President and CEO of Charter Schools USA. He has worked with the Florida State legislature during the creation of charter school law while Director of Research for Jeb Bush's Foundation for Florida's Future. Mr. Hage also assisted in the early development of the first charter school in Florida, the Liberty City Charter School, a collaboration between Mr. Bush and T. Willard Fair, President of the Miami Urban League. Next he founded Florida's first non-profit foundation dedicated to developing world class charter schools: The Charter Foundation, and assisted the design and development of several other charter schools, including Ft. Lauderdale's very successful Charter School of Excellence. As the founder of CSUSA, Mr. Hage has subsequently developed, the North Lauderdale Academy High school, the first municipally organized charter high school in Florida, the Coral Springs Charter School, the largest charter school in Florida, the Ryder Elementary Charter School, the first charter school-in-the- workplace and the McCullough Academy of Excellence, CSUSA's first charter school in Texas. A national expert on charter schools, he serves on appointed charter review panels for the state of Florida, Broward County and Miami-Dade County. Prior to Charter Schools USA, Mr. Hage was an analyst at The Heritage Foundation, a think-tank in Washington, D.C., and an officer in the U.S. Army Special Forces. He is also a member of the Board of Directors for Associated Industries of Florida and Goodwill Industries. Mr. Hage holds a BA from the University of Colorado and an MA from Georgetown University. -~._..__._.._.._.._..__.__._..- ..--.-..- ..-..- Glenn R. Pierce Glenn R. Pierce joined Charter Schools USA in 1999 and serves as Executive Vice President of Development. He is responsible for facets of development of CSUSA-affiliated schools, including business development, real estate, construction, school development and prospect-to-opening teams. Prior to CSUSA, Mr. Pierce was CFO of Advantage Schools, Inc., a Boston-based educational management organization, where he was instrumental in raising $35 million in venture capital financing to facilitate that company's aggressive growth. Prior to Advantage, Mr. Pierce was the CFO and Chief Development Officer for Colonial Bagel, LP, a regional franchise operation of Einstein Brothers Bagel Corporation. This position followed six years in roles of increasing responsibility with PepsiCo's restaurant divisions (now TriCon Group Restaurants). In his role of Senior Director of Asset Development, Mr. Pierce managed real estate, construction, maintenance, legal, property management and in-store technology functions related to the organization's vast array of properties. Prior responsibilities included Director of Acquisitions and Field Finance. Mr. Pierce began his career in commercial banking with institutions that are now a part of PNC, First Union and Citibank, NA. Mr. Pierce holds a bachelor degree in Economics and Business from Lafayette College and a Masters of Business Administration from the Wharton School at the University of Pennsylvania. A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 4 OVERViEW Key Personnel - Jonathan Mariner Jonathan Mariner has been a director on CSUSA's board for the last two years and recently joined CSUSA in the role of Chief Operating Officer. In this role, he is responsible for comprehensive management of school finances, financial planning, equity fundraising, on-going school operations, technology and education. Prior to CSUSA, Mr. Mariner served as Executive Vice President and Chief Financial Officer for the Florida Marlins Baseball Club. He was also President of Marlins ballpark Development Corporation. Mr. Mariner previously served as the chief Financial Officer for Pro Player Stadium. Also he was the Vice President and Chief Financial Officer for the Florida Panthers Hockey Club. He has also held high financial positions with MCI telecommunications, the Greater Miami Convention & Visitors Bureau, and Ryder Truck Rental. Currently, Mr. Mariner is serving on the Advisory Board of the University of Virginia's Mclntire School of commerce. He is Vice chairman of the Broward Community College Foundations and serves on the Board of Directors of a publicly traded firm, Steiner Leisure, Ltd., the worldwide leader in providing on-board salon and spa services to the cruise ship industry. He also serves on the Board of Directors of BankAtlantic Bancorp, a diversified financial services holding company with commercial and community bank, real estate and investment banking interests. Mr. Mariner, a Certified Public Accountant, received his BS in Accounting from the University of Virginia. Her also earned his MBA from Harvard Business School. <~ Dr. Edwin Fredie Edwin P. Fredie serves Charter Schools USA as the Chief Education Officer. In this role, he is responsible for the curriculum development, assessment, special education services and general school oversight. He was most recently Headmaster of the Milton Academy, one of the nation's most prestigious private schools, with students' test scores ranking among the highest in the country. He has over 32 years of experience in the education field and has worked with the United State Department of Education School Excellence Program. Dr. Fredie holds numerous awards, including Educator of the Year (1992) and the Superintendents A ward for Distinguished Achievement. He is a Member of the Board of Trustees for Wheaton College, Bank Street College, national Association oflndependent Schools, and the New England Conservatory of Music. His professional affiliations are many and include the Harvard Graduate School of Education Alumni Council and the Hingham Citizen's committee for Public schools. Over the course of his outstanding career, Dr. Fredie has had numerous speaking engagements, including the Harvard graduate School of Education, the United Negro College Fund, the Urban League of Greater Boston, the Educational Records Bureau Conference, and the Milton Ecumenical Association. Dr. Fredie holds an AB from Boston University and MA from Harvard University and an LLD from Wheaton College. A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 5 OVERVIEW Key Personnel e_ J. Thomas Rogers Mr. Rogers serves as Chief Information Technology Officer. He is responsible for providing leadership in the implementation and innovation of technology for the administration and delivery of education. Mr. Rogers manages all IT personnel and oversees day-to-day technology support operations. Additionally, he serves as primary contact for technology vendor selection. Tom Rogers has worked in the technology industry for over 12 years. He brings to Charter Schools USA an array of talents and expertise. In 1994, Mr. Rogers consulted for the State of Florida, Department of Insurance and Fire Marshall to create one of the nations' first statewide mobile database solutions for State Fire Inspectors using Lotus Notes. For five years, Mr. Rogers served as President ofILINTS Designs, Inc., a provider of Internet technology and network services. Mr. Rogers served as the Legal Technology Manager for Nova Southeastern University's Shepard Broad Law Center. One of his most significant accomplishments at NSU was the design and implementation of a technology system, which includes the largest wireless network installed in an educational institution in the United States at the time. He also established a program for curriculum development for legal education, which has technology at its core. The program at NSU has proven so successful that the Law Center has been recognized as "the most technologically advanced law school in the nation" by a national legal publication and is often cited as the leader in legal education for 21 st century lawyers. Mr. Rogers is a frequent featured speaker at national conferences on technology and education. Mr. Rogers serves as President of 10:15 Technologies, Inc. which designs and develops educational administration software. He is also an attorney focusing on Internet related intellectual property law and is a member of the state and federal bars of Florida. Mr. Rogers is a retired United States Army Aviation Officer having served 8 years in both an enlisted and commissioned officer positions. He is also a candidate for a Masters of Science Degree in Management Information Systems. Michael G. Strader As Senior Vice President of Client Services, Mr. Strader is the principle liaison between Charter Schools USA and its clients including parents, students, faculty, and members of the school's governing board. In addition, he coordinates public relations and communications for the corporate office and schools. Mr. Strader has over 22 years of professional experience as a teacher, coach and administrator in elementary, secondary and post-secondary education. Before joining Charter Schools USA, Mr. Strader was Executive Director and co-founder of the Center for Education Entrepreneurs, a non-profit Florida- based technical assistance center for those desiring to establish performance-based centers of learning. Mr. Strader was a frequent advisor to the Florida Department of Education on charter school matters and spoke at many state and national school choice conferences on charter school issues. He published the Florida Charter School Planning Guide, the state's first comprehensive "how-to" manual on charter school development. Mr. Strader started his education career as a teacher became Headmaster of a K-8 independent school at age 29. Following his independent school career, Mr. Strader founded the Center for American Free Enterprise at Jacksonville University, where he recruited international students to study at the Davis College of Business and established outreach programs for the College. Committed to community service, Mr. Strader has served as Chairman of the Boy Scouts of America; Chairman, March of Dimes Fundraising Committee; Board member, South Florida Consortium of Charter Schools; and, Board member for the Jacksonville Chamber of Commerce International Trade Committees. Mr. Strader holds a bachelor's degree from the University of Florida and a master's degree from the University of Illinois. A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 6 OVERVIEW Key Personnel ,,""""', Dr. Katherine Murphy As Vice President of Elementary School Operations, Dr. Murphy is responsible for overseeing all company elementary school operations. Most recently, Dr. Murphy was an Assistant Principal in the Palm Beach County School District. Prior to that Dr. Murphy held various positions as an Assistant Principal, Educational Consultant, Curriculum Supervisor, and Chapter I Director. Most notable, Dr. Murphy served as a Lecturer and Supervisor in the College of Education and Allied Professions at the University of Carolina at Charlotte. Dr. Murphy hold state certifications for Elementary and Middle school Principal, Exceptional Children's Program Administrator, Exceptional Children (birth through 12) and Elementary Education (K through 6). Marilou Bradford As Vice President of Human Resources, Ms. Bradford is responsible for CSUSA's human resources functions. She oversees recruitment, employee benefits, compensation, worker's compensation, employee relations, and recognition programs for the corporate offices as well as CSUSA's system of schools. - Ms. Bradford has over 17 years of human resource experience crossing several industries. Ms. Bradford also taught in the business department at one ofCSUSA's high schools for one year. Ms. Bradford began her HR career with almost eleven years at American Express. Ms. Bradford moved on to work in the restaurant industry as a regional director for Domino's Pizza overseeing 150 company stores and later for Triarc Corporation (Arby's) as their Southeast Human Resources Manager overseeing 100 corporate units and 300 franchise units covering 8 states. Ms. Bradford is an active member of the Society for Human Resource Management as well as the local chapter of the Human Resource Association of Broward County. She holds an MBA with a specialization in Human Resource Management from Nova Southeastern University and a BS in business management from St. John's University. Patrick Leger Mr. Leger is responsible for CSUSA's financial management. He oversees the accounting, payroll, audits, budgets, employee benefits, cash and risk management. Mr. Leger has over 20 years of financial experience in both the public and private sector with a strong background in accounting and experience as a systems administrator on a Novell network. Prior to CSUSA, Mr. Leger was the Director of Finance of Continucare Corporation, Inc., a Miami-based healthcare organization, where he was responsible for the financial services of 15 subsidiaries along with 75 centers throughout Florida, South Carolina, and North Carolina. Before Continucare, Mr. Leger was the Senior Financial Analyst for Pro Player Stadium, Inc, a Miami based organization, where he provided the financial and analytical support for all game-day operations for the Florida Marlins Baseball Club, the Miami Dolphins Football Club and other Stadium functions. Mr. Leger also served as the Accounting Manager at the Greater Miami Convention & Visitors Bureau for 8 years, where he was responsible for the reporting and auditing of financial information for both public and private funds. Mr. Leger acquired his education in business administration, accounting, and computer science from the University of Miami and Miami-Dade Community College. A ventura Charter Elementary School City of Aventura Appendix - Exhibit F Page 7 OVERVIEW Key Personnel ,~ Philip Smith - Director The Phil Smith Automotive Group is based out of Fort Lauderdale, Florida, operating twelve franchises in Florida and North Carolina. Existing franchises include Toyota, Mitsubishi, Chrysler-Plymouth/Jeep, Nissan, Hyundai, Kia, Mazda, Daewoo and Buick. Revenue for 1998 was $240 million with approximately 10,000 retail units sold. As the President and CEO of the Phil Smith Automotive Group, Mr. Smith is responsible for the overall operations of the organization, including working with the equity partners at the locations, as well as orchestrating the acquisition and growth strategies of the organization. Mr. Smith has over thirty years of direct hands-on sales and management of automobile dealerships, and has built the organization from the ground up starting from his first equity venture in a Toyota Dealership in South Miami in 1981. During 1998, three of the dealerships were awarded the J.D. Powers Quality Dealer Award. This is a national award given to 49 of the country's best dealers in customer satisfaction and quality of operations. Other awards received by the Phil Smith Automotive Group Alliance include: Toyota President's Award, Toyota Leadership Board, Toyota Parts and Service Advisory Board, Mitsubishi Diamond Quality Dealer Award (one of two recipients in S.E. U.S.), Toyota Customer service Advisory Board, Toyota Board of Governors and the Ford Chairman's Award. Mr. Smith is one of the most highly respected dealers in the Southeastern United States and is a recognized National leader as a Toyota dealer. Mr. Smith currently serves on the prestigious Toyota National Dealer Council, is the Chairman of the Southeast Toyota Dealer Council, is President of the South Florida Auto-Truck dealers Association, and is a Director of the Florida Automobile Dealers Associations. Mr. Smith is a graduate of Florida Atlantic University, majoring in Finance and Business Administration. ~- Thomas Kalinske - Director Mr. Kalinske has been president of Knowledge Universe (KU) since its founding in 1996. KU operates, incubates and invests in leading companies that help individuals and businesses realize their full potential. Among the core areas addressed by the several dozen Knowledge Universe companies are early childhood education; Internet commerce and content; workforce performance solutions; strategic, economic, human resources and technology consulting; testing and assessment; staffing and employment; and career management. Previously, from 1990-96, Mr. Kalinske was president and CEO of Sega of America, Inc. Under his leadership, Sega's share of the 44 billion U.S. interactive entertainment market grew from under 10% to approximately 50% by 1994. From 1987 to 1990, Mr. Kalinske served as President and CFO of Universal Matchbox Group, and was responsible for restructuring the company and rebuilding the Matchbox Toy Brand. Prior to that, he served as President and CEO of MatteI, where he managed the building of the Barbie brand from approximately $42 million in 1972 to more than $500 million, bui8lding Hot Wheels to a $100 million business, entering the preschool tow market, and increasing international business to 40% of MatteI's revenue. MatteI's total revenues grew from $188 million in 1972 to $1.3 billion in 1987. At Sega, Mr. Kalinske also created the Sega Foundation, which supports organizations making a crucial difference in children's health and education. He currently serves as Deputy Chairman of Spring Group, PLC; a Director of Power Food, In., the Toy Manufactures Association (past chairman), the Milken Family Foundation, Sega Foundation, the Washington D.C.-based National Foundation for the Improvement of Education, and UCLA's Graduate School of education; and he is a trustee of the RAND Corporation's Institute on Education and Training. Through these foundations, and the local schools in his area, Mr. Kalinske has been very involved in helping to improve K-12 education. - Mr. Kalinske is a graduate of the University f Wisconsin, where he sits on the graduate business school's board of advisors. He earned an MBA from the University of Arizona and attended the Harvard Business School's strategic management program. Aventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 8 OVERVIEW .- CSUSA SERVICES Detailed below is a summary of the comprehensive management services CSUSA provides: EDUCATION MANAGEMENT Customized Curriculum Designed to Meet National, State And Local Standards Continuous Program Evaluation Accountability Sustainable Performance Assistance In Coordinating Parent, Teacher And Student Organizations DEVELOPMENT AND OPERATIONS MANAGEMENT Completion and Submission of Charter Application and Other Pertinent Documents Assess Demographic and Market Needs Charter Contract Negotiations Student Individual Education Plans, Assessments, Records, Etc. Develop Project Timeline Assist In Recruiting Advisory Board EnrolIment Marketing Plan Negotiate Contracted Services (Food, Transportation, Security, Custodial, Etc.) Student Registration Ensure State, Local And School Board Compliance Parent And Student Orientation FINANCIAL MANAGEMENT Budget Development and Oversight Operation and Capital Budgets Fundraising, Where Applicable . Application for Grants and Loans · Establish Accounting Systems Monthly, Quarterly, And Annual Financial and Governmental Reporting And Analyses Third-Party Audit Assistance FACILITIES MANAGEMENT · DesignlBuild/Lease Program Operational Design Of Classrooms And School Space Programmatic Input For Functionality Purposes Liaison with Building and/or Renovation Team to Ensure Quality and Design Standards Are Met Assist In Site Acquisition and/or Lease Negotiations Procure Furniture, Fixtures, Equipment And Supplies . Secure Basic Utility Services (Phone, Water, Electric And Disposal Service) Strategic Financing And Construction Partnerships A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 9 OVERVIEW ,,"~ HUMAN RESOURCE MANAGEMENT Employee Benefits Ongoing Staffing Assistance Worker's Compensation And 40IK Personnel Policies and Procedures . Employee Stock Option Management Payroll Service Personnel Administration: Hire and Employ Principals, Teachers And Other Staff Teacher Coaching And Training Continuous Professional Development Government Compliance and Reporting Professional Back-Office Services TECHNOLOGY MANAGEMENT Design and Development of Technology Labs And Student Stations Local Area Network Installation Wide Area Network Installation . Remote Access and Software Integration .."'....... -- A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 10 OVERVIEW ~,~. .~ CHARTER SCHOOLS ~SA Mission Education Innovators Dedicated To Increasing Academic Opportunities, Standards And Performance. Vision We provide premier educational services, drive academic excellence in the Charter School movement, create a powerful platform for profound educational reform in the United States and positively impact learning practices worldwide to elevate the human condition. .- A ventura Charter Elementary School City of A ventura Appendix - Exhibit F Page 11 "",.......... - .- A ventura Charter Elementary School City of A ventura Exhibit G Sample Parent Contract Appendix - Exhibit G - Parent Contract for [Name of School) I (We) the parent(s)/guardian(s) of and the Dress Code of the [Name of School]. have read and agree to abide by the Code of Conduct WHEREAS, in order to provide my (our) child with a unique educational opportunity; WHEREAS, by choosing to enroll my (our) child at [Name of School] is a decision of my (our) personal choice and not a privilege; WHEREAS, my (our) desire to enroll my (our) child at [Name of School] is premised upon my (our) desire to become an active partner in the education of my (our) child; NOW THEREFORE, in consideration of the foregoing: 1. As a parent of a student at the [Name of School], my (our) commitmentis to abide by the following resolutions: A. B. C. D. E. - To recognize and embrace my role as the primary educator of my child. To participate in the parenting workshops as provided by the [Name of School]. To attend all conferences scheduled with any member of the [Name of School] staff. To participate in the Parent Volunteer Program, by fulfilling the requirements outlined in the Volunteer Opportunities List provided at registration. To provide transportation to and from school for my child. I understand that if I am late picking up my child, [Name of School] is not responsible for my child's safety. If my child is continually tardy, I understand that for the benefit of my child's education, he/she may be required to transfer to a school that is more accessible for my child. F. To purchase uniforms for my child from the [Name of School] approved supplier. G. To supply a lunch, either brown bagged or purchased from the [Name of School] approved vendor, each school day for my child. H. To be responsible for timely payment of any fees accrued to my account at the [Name of School]. I. To participate in at least one of the many parent groups (i.e., PTSO, School Improvement Committee, Booster Clubs, etc). J. To read and use information sent home by the school for the purpose of keeping parents informed of the academic topics to be introduced and studied in the classroom. I (we) understand that by not fulfilling my contractual obligation to the School and to my (our) child, this may result in my (our) child being requested to stay after school, be suspended, or withdrawn and sent to a regular Public School at the sole discretion of the Principal as approved by the [Name of School] Governing Board. Signature of Parenti Guardian: Date Acknowledged by: Date School Official A ventura Charter Elementary School City of A ventura Appendix - Exhibit G Page 1 [NAME OF SCHOOL] VOLUNTEER OPPORTUNITIES LIST The following is a list of volunteer opportunities available throughout the school year. A total of 20 credits must be achieved in order to complete your requirement in accordance with the Parent Contract you executed during the registration process. Please be sure to sign the appropriate sign-in sheets at the time you perform them in order that we may log your entries. If a sign-in sheet is not available at the time of your service, please call the Volunteer Coordinator at the School Store (XXX-XXXX) in order to log your time. . Attended Mandatory Open House/Orientation (4 credits) . Is a member of the School Advisory Board (20 credits) . Assisted with Picture Day (4 credits) . Assisted with Hearing/Vision Screening (4 credits) . Is a member ofPTSO Executive Board (20 credits) . Volunteer Coordinator (20 credits) . Phone Tree Coordinator (20 credits) . Is a member of the House Advisory Committee Board (20 credits) . Attended a PTSO meeting (4 credits) . Attended House Advisory Committee meeting (4 credits) . Assisted with Uniform Distribution (4 credits) . Worked in the School Store (4 credits) . Assisted with the Book Fair (4 credits) . Worked on a Fundraising Project (4 credits) . Donated Resource Items to School (3 credits) . Worked in Teacher Resource Room (4 credits) . Worked on "Paint Day" (10 credits) . Chaperoned a field trip (5 credits) . Assisted Coaches with Athletics (3 credits) . Worked as a Cafeteria monitor (3 credits) . Responded to Parent Survey (3 credits) . Other (credits to be determined at time of project) A ventura Charter Elementary School City of A ventura Appendix - Exhibit G Page 2 .,,~ ---- ,"'-- Aventura Charter Elementary School City of A ventura Exhibit H Independent Scientific Survey Appendix - Exhibit H PM G Associates, Inc. Economic, Marketing and Management Consultants AVENTURA ........... CHARTER SCHOOL SURVEY ""......... FEBRUARY 2001 Deerfield Beach Altamonte Springs ",.~ A VENTURA CHARTER SCHOOL SURVEY 2/01 1. How many children do you have? 1.75 children per household or a total of 526 children. . 2. What grade(s) is/are your child(ren) currently enrolled or will your child(ren) start school within the next year or next two years? Kindergarten 100 19.0 1 st Grade 85 16.2 2nd Orade 80 15.2 3 rd Grade 72 13.6 4 th Grade 68 12.9 Start Next Year 65 12.4 Start in 2 years 56 10.7 - 3. What type of school does your child(ren) currently attend? Public School 191 63.7 Charter School 0 0.0 Private School 89 29.3 Home School 15 5.0 Other 3 1.0 No Answer 3 1.0 _. 1 - 4. Are you satisfied with your child's current school? ;P.ef,cen{. Yes 268 24 8 89.3 8.0 2.7 No No Answer If no, please explain ~hy you are not satisfied with your child's current school: Overcrowded 6 Dislikes school 6 Lack of communication 3 Expensive 1 Child not learning 1 Teacher has no control 1 /,,,,-,, If yes, please explain why you are satisfied: Good teachers 82 Good curriculum 45 Good school 42 Child is learning 21 Class size 19 Religious schooling 10 C[ose to home 6 Honors/gifted program 5 5. Would you send your chiId(ren) to a charter school in your community? Yes 229 69 2 76.3 23.0 0.7 No No Answer 2 6. If you had the opportunity to send your child(ren) to any school, which of the following factors would be important in choosing the school: Please rank the following factors on a scale of 1 to 5 with 5 being very important and 1 being unimportant. (Results are reported as an average) High Academic Standards Quality Teachers Character Education Technology in the Classroom Foreign Language Code of Conduct Small classroom size (max 25 students) Small school size Safety Athletics Extracurricular activities Before care After care Transportation to and from school 4.96 4.97 4.60 4.60 4.18 4.64 4.62 3.98 4.75 3.74 3.79 2.83 3.02 3.66 "'~~ 7. Are there other factors not mentioned in the previous question that you feel would be important in choosing a school? If yes, please explain. Religious teaching 10 Attention to special needs 3 Good communication 3 Track record of school 3 Screen employees carefully 3 Gifted program 1 Offer discipline 1 Offer meals 1 Philosophy of school 1 Offer tutoring 1 8. Would you send your child to a school that required parental involvement on a regular basis? Yes 281 18 1 93.7 6.0 0.3 .."'~ No No Answer 3 ,,'<i~ 9. Would you send your child to a school that required students to wear uniforms? Yes 290 6 4 96.7 2.0 1.3 No No Answer 10 As a resident of the City of Aventura, would you be willing to pay more in taxes for a charter school? 143 respondents lived in Aventura, the remaining 157 were from outside the City limits. - :Percen~' Yes 83 59 58.0 41.3 0.7 :@otno "--""""',1'0 ,.,_-. No No Answer lOa How much more would you be willing to pay per year? $1-$25 7 8.4 $26-$50 8 9.6 $51-$75 13 15.7 $76-$100 32 38.5 Over $1 00 33 39.8 , ., "'"."h'C:-: .".;:~::. _. 4 11. This question is optional. What is your race? White 140 46.7 Asian 6 2.0 Black 13 4.3 Hispanic 93 31.0 Other 8 2.7 No Answer 40 13.3 lO0.~O . - --- 5 CALCULA TION OF SCHOOL DEl\1AND Estimated Population age 3 to 9 for the Study Area 8,023 Estimated Population age 3 to 9 for A ventura 1,736 Percentage that answered Yes to question regarding attending Charter School 76.3% Children that would attend Charter School - Study Area 6,122 Children that would attend Charter School - A ventura 1,325 Distribution of Children for Charter School ........ Start in two years 10.7 Start next year 12.4 Kindergalien 19.0 15t Grade 16.2 2 nd Grade 15.2 3 rd Grade 13.6 4 th Grade 12.9 655 759 1,163 992 930 833 790 .>",.- 6 . . - - ... . S~tIg~~:t~,:f;roijl;: .... ::~~~~t4,t~::: ... .. ...., .. -~, . ".-.,. . 142 164 252 215 201 180 171 .1325 :., .. - fl~ - A ventura Charter Elementary School City of A ventura Exhibit I Evidence of Community Support Appendix - Exhibit 1 .,...:". \ (1.;' ~, AVEm\JU MAIlKETING COUNCIL 357~ NE 207 STREET, Sum 8-16 A. \It!I'mIII..., FLOll.ID... 33180 Ta: (30.5) 93205334 FAX; ()QS)932.4701 lrooul'lET: www.arouncil.com E-MAL: acouncil@lalc:.nc:1 September 6,2001 Eric M. Soroka, City Manager City of A ventura 19200 West Country Club Drive A ventura. Florida 33180 Via Fax 466-8919 ' Dear Eric, . ! The Aventura Marketing Council, a not-for-profit business organization now c~lebratjng its 13'h year of building business and creating community, is delighted to support the City of Aventura as they apply for a Charter Elementary School. As the demographics of our city have changed to reflect a much younger population, there has become a gJ8J'ing need for an elementary school to accommodate the young children who now reside in A ventura. - As representatives of the business community, we see a direct correlation between having a quality elementary school within city boundaries and attracting businesses to !the area. We look forward to working with you as you proceed with the Charter Elementary School. Please let us know if there is anything we can do to assist you in the process. . Elaine Adler, Presiden Aventura Marketing Council .-. - (!o7,onado Condominium c1f1-1-oc., [Inc. (305) 931-5900 · Fax (305) 931-5902 20301 West Country Club Dr. Aventura, FL 33180 September 14, 2001 Eric M. Soroka, City Manager 19200 West Country Club Drive Aventura, Florida 33180 Dear Mr. Soroka: .- This letter is in response to your correspondence of September 10, 2001. It is written in support of the City of Aventura's application for a Charter Elementary School. Although Coronado Condominium is an over-fifty-five community, we feel there is an increasing need to address the growing number of families with school-aged children in our City. We agree that with the changing demographics of Aventura, it is important to have the necessary facilities in place to provide for the educational needs of our community. Currently, school children must travel outside the City limits to attend schools, which in most cases are overcrowded. A Charter School within the City limits of Aventura will help ease the overcrowding of other schools in neighboring communities and provide educational opportunities for our children. This much-needed school will offer its children comprehensive educational programs that will focus on equipping students with the skills necessary to achieve excellence. We support the City of Aventura and urge the School Board to approve the Charter School application. James Beard Manager ,.- SEP 1 7 2001 OFFICE OF tHE CITY MANAGER ,~ Marina Tower SEPTEMBER 17,2001 of Turnberry Isle CONDOMINIUM ASSOCIATION, INC. DEAR MIAMI DADE CO TY SCHOOL BOARD; .- THIS LETTER IS APPLICATION FOR A GROWING NUMBER AS THE DEMOGRAP THE NECESSARY F NEEDS OF OUR CO STUDENTS IN G FOR THEIR CHIL OUTSIDE THE C OVERCROWDE WILL HELP EA COMMUNITI CHILDREN. TTEN IN SUPPORT OF THE CITY OF A VENTURA'S ER ELEMENTARY SCHOOL TO ADDRESS THE LIES WITH SCHOOL-AGED CHILDREN IN OUR CITY. UR CITY HAVE CHANGED IT IS IMPORTANT THAT IN PLACE TO PROVIDE FOR THE EDUCATIONAL Y PROVIDING A CHARTER SCHOOL FOR 600 AN OFFER RESIDENTS AN EDUCATION CHOICE L Y, SCHOOL CHILDREN NOW MUST TRAVEL END SCHOOLS, WHICH IN MOST CASES ARE OOL WITHIN THE CITY LIMITS OF A VENTURA G OF OTHER SCHOOLS IN NEIGHBORING TIONAL OPPORTUNITIES FOR OUR THI EDUCA TI THE SKI L OFFER ITS CHILDREN COMPREHENSIVE OCUS ON EQUIPPING STUDENTS WITH ELLENCE. AND URGE THE SCHOOL BOARD TO ION. Mailing Address: 19500 Turnberry Way. Turnberry Isle. Aventura, Florida 33180 . Phone 305-935-3600 . Fax 305-931-2868 PORTSVIEW AT THE WATERWAYS PORTSVIEW . HARBORSIDE . HARBOR TOWERS. PORTS VIEW TOWNHOMES - September 18, 2001 City of Aventura Government Center C/O Eric M. Soroka 19200 West Country Club Drive Aventura, FL 33180 Dear Miami Dade County School Board: This letter is written in support of the City of Aventura's application for a Charter Elementary School to address the growing number 'of families with school-aged children in our City. .- As the demographics of our City have changed, it is important that the necessary facilities are in place to provide for the educational needs of our community. By providing a Charter School for 600 students in grades K - 5, we can offer residents an education choice for their children. Currently, school children must travel outside the City limits to attend schools, which in most cases are overcrowding of other schools in neighboring communities and provide educational opportunities for our children. This much-needed school will offer its children comprehensive educational programs that will focus on equipping students with the skills necessary to achieve excellence. We support the City of Aventura and urge the School Board to approve the Charter School application. Cordially, a~ l.~..,~ a~ Donlon President Board of Directors ,~" lily! Donlon - School Board.doc Manag:ment Office: 3610 Yacht Club Drive, Aventura, Florida 33180 Telephone (305) 935-5852 . Fax (305) 935-5422 Turnberry Towers CONDOMINIUM ASSOCIATION, INC. September 19, 2001 - Dear Miami Dade C This letter is application for growing number City. As the important that: provide for t providing a q we can offer: Currently, limits to a A Charter ease the nities an support of the City of Aventura's er Elementary School to address the ,ies with school-aged children in our 'cs of our City have changed it is ary facilities are in place to al needs of our community. By for 600 students in grades K-5, ducation choice for their children. now must travel outside the City ich in most cases are overcrowded. ity limits of Aventura will help r schools in neighboring commu- opportunities for our children. This muc educa tio' with th fer its children comprehensive ocus on equipping students ieve excellence. the School Board to .-. Mailing Address: 19355 Turnberry Way · Turnberry Isle · Aventura, Florida 33180 · Phone 305-935-3000 Exhibit J Overview: Charter School House Developers, Inc. A ventura Charter Elementary School City of A ventura Appendix - Exhibit J .~ CITY OF AVENTURA I Charter School Planning Development and Operation Proiect Principal Joaquin G. Avino, P.E., I Planning and Design Architectural & Engineering Services Proiect Principal David A. Wolfberg, AlA Wolfberg Alvarez and Partners I General Contractor Planning and Design Architectural & Engineering Services Wolfberg Alvarez and Partners Architecture Coordinator Aris Garcia, RA Financing Engineerina Coordinator Mario Gutierrez, PE Mechanical Engineerina (~drter ~(~oolHou\e Joseph Styrsky, PE ~evelo~er\,lnL Electrical Engineering David Johnston 1l Structural Engineering Luis Perez, PE Civil Engineering Leo ana Fire Protection & Plumbina Elvira Pita -.,""""" A ventura Charter Elementary School City of A ventura Appendix - Exhibit J Page 1 " (~art~r ~(~~~m~m~ ~ml~~m, IRe - W 0 L F BERG . . .. ..........................................................-.... .. . . . . . . . . . . . . . . A L V ARE Z ...- A ventura Charter Elementary School City of A ventura Appendix - Exhibit J Page 2 - In response to the growing crisis in the financing and delivery of educational infrastructure, Charter Schoolhouse Developers (CSHD) has been formed. The firm was founded by Joaquin G. Avifio, P.E., PLS -- who resides in Miami, FL -- in 1999 and is located at 5960 SW 57th Avenue in Miami, Florida. The firm approaches the development of public and charter schools as an alternative to current programs with a new and creative paradigm. Recognizing the success of corporate America's move toward outsourcing and refocusing on core business, CSHD's concept allows Schools Boards the alternative to expand development without further incumbering existing staff. Through public financing and leasing programs, CSHD enables Design/Build/Lease building programs to be accelerated. ^ /(1 <::JO':' JiLl (~artrr ~(~~~I~~mr ~rvrl~~rr\,I~L -- Through our Program, needed school facilities can be delivered now to meet today's crushing need without waiting the years required with current pay- as-you-go funding methods. Time and money can be saved. CSHD's outsourced PIogram for facility delivery allows school systems to renew their focus on education and leave the complex issues of design, construction, cost management and financing to professionals with proven experience and expertise. Through private sector development, CSHD will provide comprehensive services to streamline the delivery process while offering alternative methods to finance and leverage facility development. By reducing design and construction risk, and ownership administrative cost requirements, CSHD offers the School Boards of Florida an opportunity to focus attention on education, while outsourcing the burdensome responsibilities of design, construction, and even facility operations. Following the trend of corporate America, CSHD brings an efficient, responsive, and quality-based solution to supplement existing programs and meet the critical needs of our children more rapidly. A ventura Charter Elementary School City of A ventura Appendix - Exhibit J Page 3 .- 1i[ (narter \(nOOmOUle ~eYeIO~er\,lnc A full service firm with the ability to execute any size project from beginning to en,d without the need of . o utsou.rclltg. · Involved in the creation of over 150 state of the art educational facilities. ~. · Experts in architecture, design, multi....disciplinary engineering, technical review, building code inspection and educational facility inspections. · Utilization of lease/buyback method as a cost efficient and time effective way to build schools. · Facilities have longevity a.nd staying power because changes in demographics, population, and oth,er essential factors are anticipated during the designing phase. .-. A ventura Charter Elementary School City of A ventura Appendix - Exhibit J Page 4 ,- WOLFBI.RG Since 1976, W A has provided innovative building solutions to a diverse group of clients. In responding to the growing needs of our clients and the complexity of their projects, we continue to expand our services and ^ L V ^ It E z support. Our commitment to listen to our clients, in conjunction with our synergistic design and management approach, continues to make us the primary choice for domestic and international projects. In achieving well-designed buildings and systems, there must be an inherent balance between creative architecture and sound engineering. A commitment to such integrated balance allows W A to deliver meaningful structures that work. Our experience encompasses a wide array of project types, sizes and complexity. At W A we are proud to offer our clients a cohesive, solution-oriented professional team with a proven track record in creating lasting designs. In response to the continuing demand for integrated full service architectural and engineering services, our organization promotes synergy of design and integration of disciplines as the core of its business. Throughout a quarter of a century, our philosophy of total commitment to our clients has not changed. Weare committed to the premise of total customer service and provide ourselves in our ability to deliver. The buildings we designed a quarter of a century ago are still as current today. - A ventura Charter Elementary School City of A ventura Appendix - Exhibit J Page 5 WOLFBERG A Proven Design-Build ALVAREZ Coral Springs Charter Middle & High School f~ -- A ventura Charter Elementary School City of A ventura Appendix - Exhibit J Page 6 WOLFBERG "'.......... ALVAREZ A Proven Design-Build - ft. ,/ .~.... 1ft · ..... t;;---~' -.;;;. ".:.:.:" . .~ A ventura Charter Elementary School City of A ventura Appendix - Exhibit J Page 7 "~ - WOLF BERG ALVAREZ A ventura Charter Elementary School City of A ventura Appendix - Exhibit] Page 8 Exhibit K Staffing & Salary Overview ..~ -- A ventura Charter Elementary School City of A ventura Appendix - Exhibit K Aventunl 01arter FleJI8ltary School (ACJ<S) Miarri-Dade County, Florida Staffing and Salary Expense Qmntof Horreroom Horreroom In.~tructional Grade Students. aa...~roomi Thld1ers A~stants K 100 5 ~ (I 1 100 4 -1 (I 2 100 4 -l (l 3 100 4 -l (l 4 100 4 ~ (I 5 100 4 -l (J 6 0 0 (I (\ 7 0 0 (\ (l 8 0 0 0 (I Total 600 25 25 0 I FIEs I ~ EY2OOl. QJm:nt EY2OOl. Per Qwita ~ :E.xcl:ss.. Imtion Mxk:I Budget Wage AlmIIlt SLITA Principal 1.0 1.0 70,000 70,000 61,000 Asst Principal - Gnr. hqJl./ESE 1.0 1.0 45,000 45,000 36,000 Site GJordinatoc 1.0 1.0 35,000 35,000 26,000 Total Adrrinistrative Staff 3.0 3.0 150,000 123,000 Adninistrative Asst / Secretaries 2.0 3.0 23;227 69,680 42,680 - Total Support Staff 2.0 3.0 69,680 42,680 Food Setv:ice Staff 4.0 See Hourly & TeIJll Staff Total Food Service Staff 4.0 ESE TeacherslHead Teachers 1.0 3.0 39,040 117,120 90,120 Resoorre / CoopJter Teachers 1.0 2.0 37,fJ20 74,040 56,040 Subject Teachers 19.0 25.0 34,071 851,780 6UJ,780 Instnx:tional Assistants 0 0 Specialty Teachers 3.0 4.0 33,334 133,336 97,336 Total Teaching Staff 24.0 34.0 0 1,176,275 870).75 In-house Substitute Teachers Total Pennanent Substitutes 0 0 0 Total 33.0 40.0 0 1,395,955 1,035,955 A ventura Charter Elementary School City of A ventura Appendix - Exhibit K .- ...J :0 :0 " ~ I " '6 c: " "" "" < ...... ~ A"~ ~ ~ ....... ~ .... ~ ~ .... ~ -== ~ ~ ~ -S ~ '0 j! 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" e t~ t:: E .. 0 c ~ = " > ..._rJ:J~ e <: E .... c 0 " Co > <: 0 -- - A ventura Charter Elementary School City of A ventura Exhibit M Code of Conduct - Addendum Appendix - Exhibit M .- [Name of School] Addendum to the Miami-Dade County Schools Code of Conduct A TTENDANCE REGULA nONS: The Charter School attendance policy has been adapted from the Miami-Dade County School District attendance policy. Students will be allowed five absences per semester. Those absences more than five must be excused by written documentation from a licensed/certified health practitioner, by the principal for participation in school sponsored activities, or for recognized religious holidays. Students who accumulate more than ten absences (and have not made up their work) for all reasons in a one-credit course, and have not made up their work, will not receive credit for that class. Parents must call the school in the morning to report the absences. Students must turn in written excuses for an absence to the homeroom teacher in order to make up missed class work. Excuses must contain the students ID # and a parent's daytime telephone number. Forgery of a written excuse is a suspendable offense. Students who miss school without parental knowledge are considered unlawfully absent. When a student has one unlawfully absent, the school will contact parents and develop a plan for improved attendance. If the student continues to be unlawfully absent the student will have to leave the school and he/she will be reported to Family Court. Cutting school will be dealt with as a disciplinary offense. BOOKS: Students will be issued books at the beginning of the year. Students who lose books must let their teachers know so that they can receive replacements. Students will be charged for the replacement cost of the book. All books must be covered. You may purchase book covers at the parent run bookstore. CAFETERIA PROGRAM: All students are required to eat lunch on campus. Students are not allowed to eat in classrooms unless accompanied by a teacher. Students may purchase lunch each day or they may bring their lunch from home. Applications for free or reduced lunches may be obtained at the school office. DRESS CODE: A higher standard of dress encourages great respect for individual students and others, and results in a higher standard of behavior. Our dress code guidelines indicate appropriate school dress for normal school days. The Charter School reserves the right to interpret these guidelines and/or make changes during the school year. Students are expected to follow these guidelines. Every student shall wear school uniforms. All school uniforms must be worn properly (no low hanging clothes). HAIR: Students must maintain their hair neat and clean with no "unnatural" colors, i.e. florescent, bright green, Mohawk, etc. No hats, bandannas or headbands may be worn. SHOES: Students must wear closed shoes at all times. No sandals or heavy military type boots or shoes with metal tips may be worn. BLOUSES/SHIRTS: All uniform blouses and shirts must be tucked in. On PE days students may wear their PE uniform to school. SLACKS/SHORTS: All uniform slack/shorts must be worn with a belt (tighten at the waist) and be in good repair. No low hanging clothes allowed. CULOTTES: May not be more than two inches above the knee. IN GENERAL: Boys may not wear earrings or body piercing. Girls may not wear body piercing other than earrings. At no time are students to wear anything offensive, immodest, or deemed inappropriate by the faculty. Students out of uniform will be given a 2-hour detention the first time and 4 hours the second time. If the problem persists, parents will be called and required to bring the correct uniform to school before the child can return to class. A fund will be established to provide assistance to students unable to afford uniforms. <~ A ventura Charter Elementary School City of A ventura Appendix - Exhibit M Page I ~- ELETRONIC EOUlPMENT: Radios, record or CD players, head phones, tape players, pagers, phones, etc., are prohibited on campus during school hours. These items will be confiscated and turned in to the office until a parent picks them up. The school will not be responsible for the security of confiscated items. GUIDANCE/ADMINISTRA TIVE CONFERENCES: Parents or students who wish to meet with a counselor or administrator should make an appointment in advance. A student who is in Conference with a guidance counselor or administrator during class time must provide written proof of the conference to the teacher whose class they missed. Waiting without permission in the hope of having a conference is not considered a legitimate reason to miss class. MESSAGES: The office staffwill relay only emergency messages from a parent or guardian after approval by an administrator. An emergency is an illness Of death in the family. Transportation changes, changes in scheduled appointments, etc., are not considered emergencies. No flowers or balloon messages will be delivered at school. PAGING DEVICES: Paging devices including beepers and cellular phones are illegal on school grounds and will be confiscated. Penalty for possession of these items on campus is punishable by a one day out of school suspension. PUBLICATIONS. SOLICITATIONS: No publications may be produced or distributed and no solicitation or advertising is permitted unless the school Principal grants permission. The school recommends that vendors outside the school secure advertising through student publications. This includes the distribution of flyers, coupons, etc. SORORITIES/FRA TERNITIES: Fraternities, sororities, and secret organizations are strictly forbidden. Activities, initiations, or fundraising for these organizations are prohibited. ~-- SUBSTITUTE TEACHERS: A substitute teacher has the same authority as a regular classroom teacher. Students must accept responsibility for cooperating with a substitute teacher. TARDY POLICY: The tardy policy at The Charter School has been established to ensure a minimum of interruptions in the educational process in each classroom. Any student who arrives late must report directly to the office/secretary and sign in on the tardy roster. Failure to report within five minutes after being sent to the office will result in the student being considered absent from class rather than tardy. A student is allowed two tardies without disciplinary penalty each nine weeks. On a third day the student will be assigned Saturday Work Detail, and each tardy thereafter the student will be suspended from school. TRASH: Students are required to help keep classrooms and halls clean. No food should be eaten in classrooms or in the halls. Food is allowed at lunch in classrooms where meetings are being held only if a teacher is present. Trash should be placed in cans. Detention will be assigned for violation of this policy. VISITORS: All visitors must report to the Main Office. A ventura Charter Elementary School City of A ventura Appendix - Exhibit M Page 2 STUDENT CONDUCT The following listing of offenses and the required or recommended dispositions are submitted for the information of students, parents, and school personnel. Disciplinary actions will include appropriate hearings and review, and the removal ofa student from the learning environment will occur only for just cause and in accordance with due process oflaw. 232.0205 Student disclosures required at school registration. --According to procedures established by the district school board, each student at the time of initial registration for school in a school district shall note previous school expulsions, arrests resulting in a charge, and juvenile justice actions the student has had. The following rules, regulations and due process procedures are designed to protect all members of the educational community in the exercise of their rights and responsibilities. These rules apply to any student: I . who is on the school property; 2. who is in attendance at school or any school-sponsored activity; or 3. whose conduct at any time or in any place has a direct and immediate effect on maintaining order and discipline in the schools. A. DISORDERLY CONDUCT - LEVEL I I. Disorderly conduct is defined as those activities engaged in by student(s) which tend to impede orderly classroom procedures or instructional activities, orderly operation of the school, or the frequency or seriousness of which disturbs classroom or school 2. Acts of disorderly conduct may include, but are not limited to: a. classroom tardiness; b. cheating on examinations or classroom assignment; c. lying; d. acting in a manner so as to interfere with the educational process; e. abusive language between or among students; f. failure to complete assignments or carry out directions; g. use of forged notes or excuses; h. cutting class; i. school tardiness; j. truancy k. other disorderly acts as determined by the school which are not consistent with policy. 3. The basic enforcement procedures to be followed in instances of disorderly conduct are: a. Upon observation or notification and verification of an offense, the staff member should take immediate action to rectify the misconduct. The staff member should apply an appropriate sanction and will maintain a record of the misconduct and the sanction. b. If certain misconduct is not immediately rectifiable, the problem should be referred to the appropriate administrator for action specified under this policy. c. The administrator should meet with the reporting staff member, and, if necessary, the student and the parentlguardian and should effect the appropriate disciplinary action. d. A complete record of the procedures will be maintained. 4. Possible sanctions to be applied in cases of disorderly conduct may include, but are not limited to the following: a. verbal reprimand b. withdrawal of privileges c. detention/work detail d. In-school/out-of-school suspension .~ A ventura Charter Elementary School City of A ventura Appendix - Exhibit M Page 3 ,- B. DISRUPTIVE CONDUCT - LEVEL II 1. Disruptive conduct is defined as those activities engaged in by student(s) which are directed against persons or property, and the consequences of which tend to endanger the health or safety of oneself or others in the school. Some instances of disruptive conduct may overlap certain criminal offenses, justifying both administrative sanctions, intervention of law enforcement authorities, and court proceedings. Disorderly conduct (Level I) may be reclassified as disruptive conduct (Level II) ifit occurs repeatedly. 2. Acts of disruptive conduct may include, but are not limited to, the following: a. use, possession, or being under the influence of an intoxicant b. fighting c. vandalism (minor) d. stealing e. threats against others f. trespass g. abusive language to staff h. refusal to obey school personnel (such as substitutes, volunteer aides or chaperones) whose responsibilities include supervision of students I. possession or use of unauthorized substances, including tobacco and tobacco products, non-prescription drugs, "look-alike" drugs, and drug paraphernalia, including rolling papers J. illegally occupying or blocking in any way school property with the intent to deprive others of its use k. unlawful assembly 1. disrupting lawful assembly m. possession of a paging device n. inappropriate verbal or physical conduct of a sexual nature o. other disruptive acts as determined by the school which are not consistent with policy. 3. The basic enforcement procedures in instances of disruptive conduct are as follows: a. Upon observation or notification and verification of an offense, the administrator should investigate the circumstances ofthe misconduct and should confer with staff on the extent of the consequences. b. The administrator should notify the parentlguardian of the student's misconduct and related proceedings. The administrator should meet with the student and, if necessary, the parentlguardian, confer with them about the student's misconduct, and effect the appropriate disciplinary action. c. A complete record of the procedures will be maintained. d. If appropriate, school officials should contact law enforcement. 4. Possible sanctions to be applied in cases of disruptive conduct may include, but are not limited to, the following: a. temporary removal from class b. alternative education program c. in-school suspension d. out-of-school suspension e. transfer f. referral to outside agency g. expulsion h. restitution of property and damages, where appropriate, may be sought by local school authorities ,"""'........- A ventura Charter Elementary School City of A ventura Appendix - Exhibit M Page 4 C. CRIMINAL CONDUCT - LEVEL III 1. Criminal conduct is defined as those actlVltles engaged in by student(s) which result in violence to oneself or another's person or property or which pose a direct and serious threat to the safety of oneself or others in the school. These activities usually require administrative actions, which result in the immediate removal of the students from the school, and the intervention of law enforcement authorities. 2. Acts of criminal conduct may include, but are not limited to, the following: a. assault and battery b. extortion c. bomb threat d. possession, use, or transfer of a weapon, including a pistol, knife, blackjack, brass knuckles (to include multi-finger rings), possession of incendiary or explosive devices, including ammunition for a weapon such as bullets, shotgun shells, etc. e. sexual offenses f. vandalism (major) g. theft, possession, or sale of stolen property h. arson 1. furnishing or selling unauthorized substances J. distribution, sale, purchase, manufacture or unlawful possession of a controlled substance k. threatening to take the life or inflict bodily harm upon school personnel, school volunteers, or members of their immediate family 1. possession, use, or transfer of "look-alike" weapons 3. The basic enforcement procedures in instances of criminal conduct are as follows: ,~, a. Upon observation or notification and verification of an offense, the administrator should confer with staff involved, effect the appropriate disciplinary action, and, if appropriate, meet with the student. b. If warranted, the student should be removed immediately from the school environment. A parentlguardian should be notified as soon as possible. c. If appropriate, school officials should contact law enforcement authorities. d. Established due process procedures will be followed when applicable. e. A complete record of the procedures will be maintained. 4. Possible sanctions to be applied in cases of criminal conduct may include, but are not limited to, the following: a. out-of-school suspension b. referral to outside agencies c. expulsion d. restitution of property and damages, where appropriate, may be sought by local school authorities The following listing includes the usual disciplinary actions for inappropriate student conduct at The Charter School. No attempt is made to include every possible infraction. The following apply to at school or any school sponsored function. OSS= Out of School Suspension CHEA TING/PLAGERISM CONFRONTATION CUTTING SCHOOL DISOBEDIENCE DISRESPECT to staf ALCOHOL .- A ventura Charter Elementary School City of A ventura Appendix - Exhibit M Page 5 DISRUPTIVE BEHAVIOR Minimum 2 hours detention, may be suspended DRESS CODE VIOLATION Minimum 2 hours detention, May be suspended if problem continues DRUGS Possession, distribution, or consumption on campus Expulsion + sheriffs department "Under the influence" at school Expulsion and sheriff's department ELECTRONIC EQUIPMENT All electronic equipment such as: Walkman, video cameras, CD Players, laser-devices are not allowed on campus during school hours. These items will be confiscated and turned in to the office until a parent picks them up. The school will not be responsible for the safety of confiscated equipment. FAILURE TO SERVE HOURS Minimum I day susnension FIGHTING I sl offense - minimum 3 days OSS + sheriffs department 2nd offense - recommendation for expulsion + sheriffs department Parents to Dick un child at Sheriffs Department FOOD/GUM Eating or chewing gum in halls/classrooms - 2 hours detention FORGERY I st offense - minimum I day OSS 2nd offense - 2 days OSS GAMBLING Minimum I day OSS No card playing - cards will be confiscated HARASSMENT Will not be tolerated; report to administrator or counselor- minimum 2 hours detention, may be suspended INAPPROPRIATE DISPLAY Minimum 2 hours detention OF AFFECTION LITTERING 2 hours detention LYING (To school TJersonnel) Minimum] day suspension NO HALL PASS 2 hours detention PAGING DEVICES& CELL PHONES Will be confiscated - Minimum] day OSS POOR ATTITUDE Minimum 2 hours detention, may be suspended PROFANITY Inadvertent - 2 hours detention Directed toward another individual- minimum 1-3 day OSS, may be recommended for expulsion SEXUAL MISCONDUCT Suspension and recommendation for expulsion THEFT 1 sl offense - minimum 3 days OSS up to recommendation for expulsion 2n offense - recommendation for expulsion + sheriffs department THREATS Minimum 6 hours detention, may recommend expulsion TOBACCO(IncJudes use) Tobacco products are not allowed on campus. They will be confiscated. I st offense - 1 day OSS 2nd offense - 3 day OSS TRESPASSING On another camTJUS - suspension warrant for arrest VANDALISM Minor - suspension Ma;or -recommendation for expulsion + sheriffs department WEAPONS Possession - expulsion + sheriffs department -"- A ventura Charter Elementary School City of A ventura Appendix - Exhibit M Page 6 TYPES OF DISCIPLINARY ACTION Students who are assigned detention by an administrator on Monday - Friday must serve the detention by Saturday of the following week or they will be suspended the following Monday or Tuesday o IN SCHOOL DETENTION - Student sent to the office for one class period. o EVENING DENTENTION - Office, Wednesdays. Students must sign in and must have study/reading materials. Students are expected to follow the posted rules, which include no talking, eating sleeping, etc. Failure to cooperate requires dismissal from evening detention and no credit for time served. o SA TURDA Y WORK DETAIL - Office, 8:00- 11 :OOam Sat. Detention begins promptly at 8:00am. Each student signs in on the proper form. Each hour served on Saturday equals two hours of detention time. Failure to cooperate requires dismissal from SWD and no credit for time served. o OUT-OF-SCHOOL SUSPENSION - General absence - student not allowed on school grounds or at any school related function. o EXPULSION - Student removed from school for remainder of year -loses all credits. May not return to school. PARENT/COMMUNITY INVOLVEMENT Volunteer Program: The Charter School will have a strong and active volunteer program. There are many ways to volunteer. Parents have found such volunteering to be particularly helpful to them as they help their children transition through various school levels. Each family will be responsible 20 volunteer hours during the school year, 30 hours if more than one child is enrolled in the school. If you would like to volunteer on a regular basis or have your name added to the "on call" list, you can contact the Main Office. P ARENTrrEACHER CONFERENCES During each semester parents are invited to meet teachers and pick up report cards during "Open House." Parents are also encouraged to participate in ParentlStudent Exchange Day by attending school and following their child's schedule for all or part of the day. Conferences with individual teachers may be arranged by contacting the Main Office and leaving a message for the teacher to call. - A ventura Charter Elementary School City of A ventura Appendix - Exhibit M Page 7 - Exhibit N Sample Student Application Form - .......... A ventura Charter Elementary School City of A ventura Appendix - Exhibit N Sample Application - subject to change ;;,..... C Ii AHTl)R .5<;: 1100 L S ~S" ~ e eq~ ot AVENTURA CHARTER ELEMENTARY SCHOOL (ACES) Student Application 2003-2004 . A member of the Chaner Schools USA Educational CommunitV Admission ACES, as a municipally sponsored charter school, will limit the enrollment process to target the children of the --esidents of Aventura. Enrollment preference will be given to a sibling of a student enrolled in the charter school, .0 the child of a member of the governing board of the charter school, or to the child of an employee of the charter school, as provided within the charter law. If the number of applications exceeds the capacity of a program, class, grade level, or building, a public lottery will be held to select the number of spots available. If space is still available at the end of the enrollment period, applications will be accepted from the community-at-Iarge on a first- come, first-serve basis. Preference will be given to children of the residents of Aventura, a sibling of a student enrolled in the charter school, to the child of a member of the governing board of the charter school, or to the child of an employee of the charter school. ACES will not discriminate on the basis of race, religion, national or ethnic origin, or exceptionality in the admission of students, in accordance with federal and state anti-discrimination law. Application Process The first enrollment period will end on . If any grade is oversubscribed, a lottery will be held to randomly select applicants. Once accepted and enrolled, applicants are guaranteed their position and are not required to reapply annually. Parents are notified of the applicant's status within 15 days of the close of the enrollment period. (In the event that the student is unable to attend the school during the 2003-2004 school year in the grade specified on this application, he/she must submit a new application with the student's accurate grade level.) In addition, the Aventura Charter Elementary School will be holding open houses and information sessions throughout the upcoming months. You will be informed regularly of scheduled dates and times of these meetings via mail, email, or telephone. Application Instructions --Step 1: Please complete the entire application form and sign the bottom in the space provided. APPLICATIONS MUST BE RECEIVED BY Step 2: Applications will be date and time-stamped by grade level as they are received in the school's Administration Office. The school will acknowledge receipt of the application via letter once the application is processed. Listed below are approved methods of delivery: a. Mail the original application to the address below and keep a copy for your records. Aventura Charter Elementary School (ACES) c/o Charter Schools USA 6245 N. Federal Highway Fort Lauderdale, FL 33308 -or- b. Complete and submit an application on-line: www.aventuracharter.org Get Ready! _ This is going to be a great school of choice and a wonderful educational experience for you and your child(ren). We are dedicated to "Putting Students FirstSm " and committed to providing superior academic outcomes. APPL-E @2oo1 ~ @ C It_,~__13: T EJ~_!,'~!::t() () ), S ..,-",-5 A . - @ 06/01 Application - Page 1 of 2 AVENTURA CHARTER ELEMENTARY SCHOOL (ACES) ?art A: Parent/Legal GuardianContac;:t:lnforniation ',' " ..... ....._............. ........'-......_..,....".__..;. ..... .......','...._.-......_.,_.,..-...'.......' ....'.'..'....__.'..........,,_'__'.'.-.'0....0.....'''...'..,.......- .....,...",.' ... -.", .' D Mrs. D Ms. D Miss D Dr. Mother's First Name MI Last Name Suffix D Home Address Apt# City State Zip Code Home Phone Number ) Cell Phone Number ) ( Work Phone Number Email Address D Mr. D Dr. Father's First Name MI Last Name Suffix o Home Address (If different from above) Apt# City State Zip Code ) Home Phone Number ( ) ) Cell Phone Number Work Phone Number Are you a resident of the City of Aventura? D Yes* D No Email Address */f Yes. attach a copy of your driver's license to this application. PLEASE CHECK ONE OF THE ADDRESS BOXES INDICATING WHERE ALL SCHOOL CORRESPONDENCE, INCLUDING REPORT CARD, WILL BE MAILED I Part B:Studenflnformation · I First Name MI Last Name Suffix Preferred Name Social Security Number / /19 Date of Birth D M D F Gender Race( optional) Primary language spoken? D English D Spanish D Other Is the student a citizen of the United States? DYes D No Grade student will enter in the 2.0.0.3. School Year: D K D 1st D 2nd D 3rd D 4th D 5th .- APPL-E @200l .:;....., @. C !iuAKT; ~s,~ l-U?_O ~ S .. ~SA ... @06/0J Application - Page 2 of 2 Does applicant have any special needs? (Optional) If yes, please explain: Do any of these categories apply to the applicant? Check all that apply. .- 0 Honors 0 ESOL 0 ESE o Student is receiving special instruction/services resulting from an IEP? Does the student have any problems that would affect his/her participation in any part of the school programs? If yes, please explain: o Current education plan is modified as a result of Section 504 recognition Student History: <D School Address School Type: 0 Pre-School 0 Elementary 0 Other City State Years Grades Phone Number Attended Completed Sf!hool Type: 0 Pre-School 0 Elementary 0 Other Name of Previous School ~ Name of Previous School School Address City State Years Attended Grades Completed Phone Number ~ 'SIBLINGS: Do you have siblings that will be applying to this school for the 2003-2004 academic year? 0 *Yes 0 No * If siblings will be applying to the school, please indicate name and grade below: Last Name, First Name Grade Last Name, First Name Grade Last Name, First Name Grade Last Name, First Name Grade How did you hear about this charter school? (i.e., friend, advertisement, community notice, a school flyer, internet, sign, door hanger, mail, telephone) Circle one or specify other. Please indicate whether you are a child of a: o Board Member of School o Employee of the School To the best of my knowledge, the above information is correct and complete. In the event of a change of address, phone, name, etc., I will contact the school. x Signature of ParenULegal Guardian Date APPL-E @2001 @06/01 ~ 0) C ,lJ",~,,~_J.~_:R __S C It Q 9_1.., S . . \.:::s.-. . ,,,,,-.... .Exhibit 0 Sample Registration Package ^'~ A ventura Charter Elementary School Appendix - Exhibit 0 1?0o.. [Name of School] REGISTRA TION CHECKLIST To complete registration, the following forms and information must be completed and mailed to: [Name of School] c/o Charter Schools USA 6245 N. Federal Highway, 5th Floor Fort Lauderdale, FL 33308 . If you A return envelope has been provided. All registration forms must be returned by have any questions, please do not hesitate to contact us at (888) 555-5555. - - City of Aventura FORM - A: FORM - B: FORM - C: FORM - D: FORM - E: FORM - F: FORM - G: FORM - H: . <:chnnl PROOF OF RESIDENCE PROOF OF IMMUNIZATION - Original HRS BLUE FORM 680 PROOF OF PHYSICAL EXAM- Original HRS-H YELLOW FORM 3040. PROOF OF GUARDIANSHIP-If student is not living with parents REQUEST FOR TRANSCRIPTS/CUMULATIVE FOLDER HOME LANGUAGE SURVEY SPECIAL PROGRAMS INFORMATION EMERGENCY INFORMATION CARD PARENT CONTRACT AUTHORIZATION FOR MEDICATION PHOTOGRAPH AND VIDEO RELEASE . nnpn";v . . Pv h;h;, () Page 1 FORM-A ~ [NAME OF SCHOOL] REGISTRA TION INFORMATION SHEET This information sheet is provided to outline specifically the first four items on your registration checklist. 1. Original of Florida Certificate ofImmunization - HRS BLUE FORM 680 This form must contain: 1. (DTP) 4 or 5 doses if 4lh dose was given on or after 4lh birthday. 2. (Polio) 3 or 4 doses if 3rd dose was given on or after 4lh birthday. 3. (MMR) 2 doses after 1s1 birthday. Shot dates transferred on to Florida form will not be accepted by a Chiropractor. 4. State Law requires a Chicken Pox Vaccine or verification of having had Chicken Pox 5. Hepatitis Series 2. Proof of a physical within the last 12 months. Medical Health Check-up HRS-H 3040. Original YELLOW FORM provided by your physician. Appointment cards are not acceptable. A physical by a Chiropractor is not acceptable. 3. Copy of Social Security Card 4. PROOF OF COUNTY RESIDENCY - Two (2) items - (Original Document only) Name and address must appear on all items 1. CURRENT UTILITY BILL - (water, telephone, electric, cable) 2. Warranty Deed 3. Notarized rent receipt/Notarized lease agreement 4. Mortgage commitment/contract including specified closing date 5. Drivers license with current address A FAMILY RESIDING IN ANOTHER PERSON'S HOME must have the following: - 1. A signed notarized statement from the owner of the property stating that the student's family (Parent(s) and Student(s) names must appear) are living with them at (address must appear). 2. Along with two (listed above) proofs of residency from the person writing the notarized letter. INFORMATION FOR STUDENTS REQUIRING REASSIGNMENT When parentlguardian lives in a county and seeks enrollment in a school outside their county of residence, then the parent must request legal transfer. This process starts with approval from the county of residence, followed by approval from the intended County's School Office of School Boundaries. This procedure is called a reassignment. A reassignment is REQUIRED at registration. Please contact your local school district to obtain the appropriate forms. LEGAL GUARDIAN REQUIREMENTS PARENT/LEGAL GUARDIAN Student(s) living with other than parent(s) must provide proof of legal guardianship. Legal guardianship is determined though the court. Court documents are required at registration. -. City of A ventura . ..,_ c.."'.. () Page 2 FORM - B [Name of School] TRANSCRIPT REQUEST FORM -.. Date: Prior School: Public Private To: Name of last school attended Complete address required City State Zip Please send the following information as soon as possible for the following student enrolled in [Name of School] I. Transcript of grades - Including grades to date of withdrawal and attendance records 2. Explanation of grading system 3. Results of testing 4. Length of class periods and number of days per week courses met - especially P .E. 5. Certificate ofImmunization (HRS Form 680) and health records. 6. Special program enrollment (such as mentally handicapped, physically handicapped, specific learning disability, gifted, etc.) and psychological evaluation records - STUDENT Name Grade Date of Birth Withdrawal Date I hereby give my permission to forward records for the above named student to [Name of School]. Signature of Parent / Guardian Thank you, Registrar -. ."~",,.~ City of A ventura A, ,A'. "~",,..;, " Page 3 FORM - C [NAME OF SCHOOL) HOME LANGUAGE SURVEY '-- SS#: STUDENT NAME: 1. Is a language other than English used in the home? If yes, language used Did the student have a first language other than English? Does the student most frequently speak a language other than English? 2. 3. Relationship of person completing the survey to student? (Circle One) Mother Father Guardian Self Date Signature of person completing survey - French - 1. Oui Est-ce qu'il y a une langue autre que I'anglais parlee a la maison? Si oui, quelle langue? Est-ce que la langue maternelle de I'etudiant est autre que I'anglais? Est-ce que I'etudiant parle souvent une langue autre que l'anglais? Qui Oui 2. 3. IIle de parente de la personne remplissant ce questionnaire avec I'etudiant? Maman Papa Guardien Soi-meme Signature de la personne remplissant ce questionnaire Date - Creole - 1. Eske ou pale yon I'ot lang ki pa angle lakay-ou? Si ki wi lang? Eske el'ev-Ia pale yon I'ot lang ki pa angle? Eske el'ev-Ia pale yon I'ot lang ki pa angle tour tan? Wi - Wi Wi 2. 3. Relasyon ant moun ki ranpli fom-sa ak el'ev-Ia? Manman Papa Gadyen Elev-Ia menm Siyati moun ki ranpli fom-sa ak el'ev-la Date - Portuguese - 1. Outro idioma que nao seja ingles e falado em casa? Caso sim, idioma falado o estudante tern como primeiro idioma outro alem do Ingles? o estudante fala mais fequentemente urn idioma que nao seja ingles? Sim 2. 3. Qual eo parentesco da pessoa, em relacao ao estudante, completando este levantamento? Mae Pai Tutor( a) o Proprio Assinatura da pessoa completando este levantamento Data -Spanish- 1. i,Se habla en la casa otro idioma que no sea el ingles? Si es asi. i,CUlil idioma es hablado? i,Es el primer idioma del estudiante otra lengua que no sea el ingles? i,Habla eJ estudiante con mas frecuencia otro idioma que no sea el ingles? 2. 3. - i,Cual es el parentesco de la persona que completa esta encuesta con el estudiante? Madre Padre Guardian Yo mismo Firma de la persona que completo esta encuesta Fecha A "pnh.~ City of A ventura Yes No Yes Yes No No Non Non Non Non Non Non Nao Sim Sim Nao Nao Si No Si Si No No A ____.,_ c. . . > r. Page 4 FORM -D - [NAME OF SCHOOL] SPECIAL PROGRAMS INFORMATION Student's Name: Date of Birth 1. IS YOUR CHILD ELIGIBLE FOR SERVICES THROUGH AN EXCEPTIONAL STUDENT EDUCA TION PROGRAM? YES NO 2. IS YOUR CHILD ELIGIBLE FOR SPEECH OR LANGUAGE SERVICES? YES NO 3. DOES YOUR CHILD HAVE A 504 PLAN? YES NO ...... 6. LIST ANY OTHER SPECIAL PROGRAMS IN WHICH YOUR CHILD HAS PARTICIPATED. PARENT'S SIGNATURE DATE: ....., City of A ventura 'nnpnA;v. . l'vha..;t () Page 5 CHARTER SCHOOLS USA EMERGENCY INFORMATION CARD GRADE SOCIAL SECURITY # DATE OF BIRTH ...... LAST NAME FIRST NAME M.I_FSI# LEGAL NAME ADDRESS APT. BLDG._ CITY STATE ZIP HOME PHONE ( LIVING WITH (PLEASE CHECK ALL THA T APPLY): MOTHER _FATHER _STEPMOTHER _STEPFATHER_GUARDIAN NAME PLACE OF BUSINESS PHONE ( NAME PLACE OF BUSINESS PHONE ( IF PARENT OR GUARDIAN NAMED ABOVE CANNOT BE LOCATED, FILL IN THE BLANK HAS MY PERMISSION TO CONTACT: NAME: RELATIONSHIP: ADDRESS: PHONE: THE ABOVE NAMED HAS MY PERMISSION TO PERMIT STUDENT NAMED ABOVE TO LEAVE THE BUILDING WITH THE ABOVE NAMED EMERGENCY CONTACTS. IN CASE OF ILLNESS OR ACCIDENT. THE ABOVE NAMED HAS MY PERMISSION TO TAKE THE ABOVE NAMED STUDENT TO THE HOSPITAL. (OVER) PARENT/GUARDIAN SIGNATURE - CHARTER SCHOOLS USA EMERGENCY INFORMA nON CARD SIDEB OTHERS IN HOME (BROTHERS, SISTERS, RELATIVES, ETC.) IOMDE NAME: I RELATIONSHIP: SCHOOUEMPLOYER: DEAR PARENT: FOR YOUR CHILD'S WELFARE AND SAFETY, IT IS IMPERATIVE THAT YOU PROVIDE US WITH THE FOLLOWING INFORMATION: (CHECK OR SPECIFY)- INDICATE BELOW ANY HEALTH PROBLEMS REGARDING YOUR CHILD NO HEALTH PROBLEMS CAN YOUR CHILD P ARTICIP A TE IN ALL SCHOOL ACTIVITIES? ALLERGIC IF YES, LIST ALLERGIES: ASTHMA TIC BRONCHITIS_DIABETIC HEART PROBLEM (SPECIFY) EPILEPSY KIDNEY OR BLADDER PROBLEM (SPECIFY) SEVERE REACTIONS TO BEE STINGS OR INSECT BITES (SPECIFY) SERIOUS REACTION(S) TO ANY MEDICA TlON(S) OTHER (ANYTHING YOU FEEL WE SHOULD KNOW FOR YOUR CHILD'S WELFARE AND SAFETY) IS YOUR CHILD PRESENTLY ON MEDICATION? (IF YES, SPECIFY) -., City of A ventura . ._~, "...~ Page 6 -- Parent Contract for [Name of School) I (We) the parent(s)/guardian(s) of Dress Code of the [Name of School]. have read and agree to abide by the Code of Conduct and the WHEREAS, in order to provide my (our) child with a unique educational opportunity; WHEREAS, by choosing to enroll my (our) child at [Name of School] is a decision of my (our) personal choice and not a privilege; WHEREAS, my (our) desire to enroll my (our) child at [Name of School] is premised upon my (our) desire to become an active partner in the education of my (our) child; NOW THEREFORE, in consideration of the foregoing: 1. As a parent of a student at the [Name of School], my (our) commitment is to abide by the following resolutions: A. B. C. D. E. -- F. G. H. I. J. To recognize and embrace my role as the primary educator of my child. To participate in the parenting workshops as provided by the [Name of School]. To attend all conferences scheduled with any member of the [Name of School] staff. To participate in the Parent Volunteer Program, by fulfilling the requirements outlined in the Volunteer Opportunities List provided at registration. To provide transportation to and from school for my child. I understand that if} am late picking up my child, [Name of School] is not responsible for my child's safety. If my child is continually tardy, I understand that for the benefit of my child's education, he/she may be required to transfer to a school that is more accessible for my child. To purchase uniforms for my child from the [Name of School] approved supplier. To supply a lunch, either brown bagged or purchased from the [Name of School] approved vendor, each school day for my child. To be responsible for timely payment of any fees accrued to my account at the [Name of School]. To participate in at least one of the many parent groups (i.e., PTSO, School Improvement Committee, Booster Clubs, etc). To read and use information sent home by the school for the purpose of keeping parents informed of the academic topics to be introduced and studied in the classroom. I (we) understand that by not fulfilling my contractual obligation to the School and to my (our) child, this may result in my (our) child being requested to stay after school, be suspended, or withdrawn and sent to a regular Public School at the sole discretion of the Principal as approved by the [Name of School] Governing Board. - City of A ventura Signature of ParentlGuardian: Date Acknowledged by: Date School Official . ____A:_ r...."..:. " Page 7 FORM-G i-... [NAME OF SCHOOL] MEDICA TION RELEASE FORM Name of Student: Date of Birth: Grade: ************************************************************************************** MEDICATION TREATMENT PLAN TO BE COMPLETED BY PHYSICIAN Diagnosis: Name of Medication, Dosage, Specific Times & Directions (including start and end of prescription date) for Administration: Note: Medication must be supplied in the original container. Ask pharmacist to divide the medication into two completely labeled containers, providing one for home and one for school. Side Effects / Special Instructions: ,,- Is the student required to carry this medication with him/her? YES NO (Note: School Policy is that all medication should be turned in to the front office unless specified by the Physician.) Note to Physicians: Please complete treatment plan on the back of this form for students who require any special health procedures during school hours; i.e. Inhalers, nebulizer treatment, catheterization, suctioning tube feedings, glucose testing, etc. Printed Name or Stamp of Physician Physician's Signature Physician's Phone Number Physician's Fax ************************************************************************************** PARENTAL PERMISSION TO BE COMPLETED BY THE PARENT / GUARDIAN I grant the principal or his/her designee the permission to assist in the administration of each prescribed medication / procedure to be provided during the school day, including when is away from school property on official school business. Name of Student I understand that my signature relieves school personal of any and all liability related to the administration of the prescribed medication. Signature of Parent Date Home Phone Number: Work or Cell Phone Number: '-. ~L City of A ventura , "^" . ----.:- ". . " () Page 8 FORM - H _. [NAME OF SCHOOL] PHOTOGRAPH AND VIDEO RELEASE PERMISSION FORM I give my permission for [Name of School} or any school approved media to photograph/video my child. The photographs or video will be used for news organizations and promotional footage used in support of the school. Copies of any videos or photographs taken will be available upon request. - Student's Name x Date Parent or Guardian's Signature '-- City of A ventura ^__6"~;Y . "."a,;. n Page 9 [NAME OF SCHOOL] STUDENT DRESS CODE A higher standard of dress encourages greater respect for individual students and others, resulting in a higher standard of behavior. Our dress code guidelines indicate appropriate school dress for normal school days. The [Name of School] reserves the right to interpret these guidelines and/or make changes during the school year. Students are expected to follow these guidelines. A school uniform shall be worn by every student in attendance. Hair: Hair must be neat and clean with no "unnatural" colors, (i.e. florescent, bright green, mohawks). No hats, bandannas or headbands may be worn. Shirts: Shirts worn must be approved uniform shirts. They must be tucked in at all times. Uniform shirts are purchased though the [Name of School] in navy blue or white with the school emblem embroidered on. Slacks/Shorts: All uniform slacks/shorts must be worn with a belt through the belt loops and be in good repair. Girls are permitted to wear skorts. No cargo pants or capris. The uniform slacks/shorts/skorts color is khaki and can be purchased either through the [Name of School] or on your own. i-. Shoes: Students must wear closed shoes at all times. No heavy military type boots or shoes with metal tips may be worn. Uniforms: Uniform ordering information is included in the registration packet. Uniforms or approved school attire must be worn at all times. Students out of uniform will be given detentions and parents will be notified and required to bring the correct uniform to school before the child can return to class. Uniform Colors: Shirts: Navy Blue or White Slacks/Shorts/Skorts: Khaki In General: Boys may not wear earrings or body piercing. Girls may not wear body piercing other than earrings. At no time are students to wear anything offensive, immodest, or deemed inappropriate by the faculty. .'- . ""'",~I A .__~:_ ,,_'-.', ^ Page 10 City of A ventura CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: City Commission FROM: Eric M. Soroka, City DATE: September 20,2001 SUBJECT: Resolution Amending Commission Travel and Expenses September 24, 2001 City Commission Meeting Agenda Item 2-B Recommendation It is recommended that the City Commission approve the attached Resolution that amends City Commission travel and expenses policy. Backaround Pursuant to discussion at the September 13, 2001 Workshop Meeting, Resolution No. 99-48, which sets forth policy for Commission travel and expenses, has been amended to provide the sum of $4,000 per fiscal year beginning October 1, 2001 to cover travel, hotel, registration and related expenses for Commission attendance at conferences, seminars and municipal league meetings. In addition, it provides that those Commissioners appointed to Commission-approved Committees of local, state, and national leagues or other municipal-related committees, shall be reimbursed for travel, hotel and related expenses for such Committee meetings, which shall be in addition to the $4,000. If you have any questions, please feel free to contact me. EMS/tms attachment RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA AMENDING RESOLUTION NO. 99-48 WHICH ESTABLISHES PROCEDURES FOR COMMISSION TRAVEL AND EXPENSES; AND PROVIDING FOR AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA: Section 1. Paragraph 1 of Section 1 of Resolution No. 99-48 is hereby amended to read as follows: 1. The Mayor and each City Commissioner shall be allotted the sum of Three Four Thousand Dollars ($3,000) $4.000 per fiscal year beginning October 1, +999 2001 to cover travel, hotel, registration and related expenses for attendance at conferences, seminars and municipal league meetings. However. those Commissioners appointed to Commission- approved Committees of local. state. and national leaaues or other municipal-related committees, shall be reimbursed for travel. hotel and related expenses for such Committee meetinas. which shall be in addition to the $4.000 set forth above. Section 2. Effective Date. That 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this 24th day of September, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 2 CITY OF A VENTURA FINANCE SUPPORT SERVICES DEPARTMENT MEMORANDUM FROM: City Commission / Eric M. Soroka, cr~ r ~~ilgOre, Finan S pport Services Director TO: BY: DATE: September 19, 2001 SUBJECT: Resolution Awarding Contract for Property and Liability Insurance September 24'",2001 Agenda Item ~ I) . Recommendation It is recommended that the City Commission adopt the attached resolution which awards a contract for property and liability insurance. Backaround Since the City's incorporation in November 1995, the City has been insured for property and casualty insurance through the Florida Municipal Insurance Trust (FMIT). The Florida Municipal Insurance Trust is a pooled insurance program sponsored by the Florida League of Cities. Each year, city staff reviewed the coverages for adequacy, evaluated FMIT's performance and other options available to the City. Although we were not dissatisfied with FMIT, premium costs had escalated significantly over the past years (primarily due to increased exposures) and we had been advised that a significant rate increase was projected for the policy year beginning October 1, 2001. We therefore, decided to explore the alternatives through the issuance of a formal Request for Sealed Bids covering the entire spectrum of the City's insurance needs. In order to assist with the process, the City hired IASC Public Entity Risk Management Consulting (IASC) to perform an independent review of the City's exposures and to draft an RFP for insurance to cover these exposures. IASC specializes in local government insurance procurement, safety training and exposure control. The Request for Sealed Bids was advertised in the Miami Herald on August 13th IASC distributed the bid document via internet e-mail to the firms who write the various desired coverages. Sealed bids were opened on September 14th at the Government Center. We received bids from a total of four firms, two of which included only one coverage type. Mr. Kevin Regan of IASC performed a detailed review of the bids and provided a written analysis. That analysis is included as attachment 1. Page (2) Resolution Property & Liability Insurance In summary, the proposal from FMIT and Risk Management Associates (RMA) were both for a total package covering all exposures. Although there were some minor differences in coverages, the two were considered equivalent as far as coverages, deductibles, familiarity with local government operations and other criteria. Therefore, the primary comparison became the premiums proposed by the two companies. The premium summary for FMIT and RMA are included as the second page of the IASC Report. Based on premium and coverage comparisons, Mr. Regan recommended that we continue coverage with FMIT. I concur with his recommendation. Although the end result of the bid process was to continue coverage with Florida Municipal Insurance Trust, I believe the process was very beneficial to the City. First, we obtained some concessions via premium discounts by going through the bid process. The net difference in premiums between the renewal quotes received prior to the bid process and those resulting from the bid is approximately $60,000. We also received the benefit of the independent review by IASC which resulted in a better understanding of coverages by city staff. The total cost of the bid award is approximately the amount anticipated when we prepared the 2001/02 budget. However, the amount for General Insurance included in the non- operating department budget in account number 4501 is insufficient and the amount for workers compensation included in each individual department is greater than will be needed. Therefore, toward the end of the 2001/02 fiscal year, we may need to amend the budget to reduce the operating department's workers compensation accounts and increase the non- departmental general insurance account. Based on the foregoing, I recommend approval of the resolution. HMK/mn RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AWARDING A CONTRACT FOR THE CITY'S PROPERTY AND LIABILITY INSURANCE TO THE FLORIDA MUNICIPAL INSURANCE TRUST; AUTHORIZING THE CITY MANAGER, ON BEHALF OF SAID CITY, TO EXECUTE ASSOCIATED CONTRACTS; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aventura requires insurance coverages for comprehensive general liability, public officials errors and omissions, police professional liability, automobile liability and physical damage, property, workers compensation and other insurable risks; and WHEREAS, the City has properly solicited and received requests for sealed bids for the above insurance coverages; and WHEREAS, the City's Consultant (Kevin Regan, IASC Public Entity Risk Management Consulting) has reviewed the various proposals and, along with City staff, recommends award of contract to Florida Municipal Insurance Trust; and WHEREAS, the City Commission, upon the recommendation of City slaff, desires to award contract to Florida Municipal Insurance Trust. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section1: The contract for property and liability insurance be awarded to Florida Municipal Insurance Trust in accordance with the Request for Proposals submitted by said company. Section 2: The City Manager is hereby authorized to execute, on behalf of the City, a contract by and between the parties embodying the terms, conditions, specifications as set forth in the subject invitation, specifications, proposal and requirements for property and liability insurance. Section 3: The City Manager is hereby authorized and requested to take all necessary and expedient action to carry out the aims of this Resolution. Section 4: This Resolution shall become effective immediately upon its adoption. Resolution No. 2001-_ Page 3 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 Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow PASSED AND ADOPTED THIS 24th day of September, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY Attachment 1 Page 1 I \ ,(" / s\.>~> PuNic Fmil)' Ri\i~Hl1llllgr.!melll Clii/HI/lill;': RFPIBid Summary Report Date: Wednesday, September 19,2001 To: Harry M. Kilgore, Financial Support Services Director From: Kevin M. Regan, Senior Consultant Re: Review of Property and Liability Insurance - Competitive BidlRFP This report concludes the process of seeking competitive bids for the renewal of the above contracts, (Current Contact Term 10-01-2001 to 9-30-2002), Our objective was to reduce cost or enhance the current program structure for the same or lower cost. Specifications were based on a comprehensive public entity risk management survey, conducted by my firm, which did identify uninsured and under insured exposures, RFP packages were distributed to various insurance organizations after placing public notices in the local newspaper. Recipients included all local agencies who expressed an interest, and all recognized non-local "public entity' specialists organizations: RMA- Coregis Ins. Co., AJ Gallagher and Co., Marsh USA; FLC-FMIT, PRM, and CERMA. After bids were received, a program comparison was made (See Attached), It should be noted that we reserved the right not to opt for the lowest bid on a pure price basis. The terms and conditions of the RFP reserved all rights on behalf of The City of A ventura to make a decision based on a nwnber of subjective parameters in addition to price. It is the recommendation ofIASC Public Entity Consulting to remain with the Florida Municipal Insurance Trust (FLC) program. This recommendation was made based on the proven service record of the incwnbent service provider, the comprehensiveness of the current program renewal, and the competitive pricing offered. Minor recommendations can be made as respects safety and loss control, and additional important coverages are available that would not impact cost dramatically (Under $7,500). I will be happy to work with City staff to discuss these additional protective measures. ! 'h/JfI,~ it) 5,+ j ..IiS.,' - s..;.' i. t _ 1 iii ii !:_'._,_C:;"~_IJL_I!...!.~,!~\_,jL,_'!~~f-'- ~l ,)/ll_~__:_\:_I_\__jiL_~_!l/~_',.'f!!,!.~ ! {(j hUi!lhl;' S'!"t-(!, 1Ul"(,fJfir'l', r1lJr;da~_Ur'/i Bid Slim man '.Vi \ ~ \ Attachment 1 Page 2 ('il\ (i 1'\ \ ,-'111 ur:i Responding Bidder Proposals (Alphabetical Order) FI. Municipal Ins. Hunt Insurance McKinley Risk Trust, Expiring Group Financial Management Program 10-01-00 Services Associates/Bob to 10-01-00 Hollander General Liability 64004 163679 Automobile 67596 100170 Liability Automobile 23630 Included Physical Damage Law Enforcement 103660 66566 Included Liability Public Officials 31725 60796 Liability Fiduciary N/A N/A N/A N/A Liability Real Property 39341 28229 Personal Property Included Included (Contents) Loss of income Included Included Boiler'Machinery 4330 1413 EDP 3889 Included Mobile 4091 Included Equipment Unscheduled Included Included Mobile Equipment Crime'Emp Dis., 1702 4989 I I 19 Bonds Statutory AD&D Workers 177435 217330 Compensation Pollution N/A 3500 Fee Total Premium $521,403 $66566 $4989 $576296 Attachment 1 Page 3 Item Fl. Municipal Hunt Insurance McKinley Financial Risk Management Trust Group Services Associates'Bob Hollander/Coregis Carrier Rating Non Rated Non Rated AXV AXV General Public Entity Liability Gen. Liab BIIPD 5000000 5000000 Occurrence Aggregate Personal Injury 5000000 5000000 Law Enforcement Liab. Included 3000000 Included Wrongful Acts 5000000 5,000,000/5,000,000 Fire Damage 250000 1,000.000 Medical N/A 5000 Liability Deductible -0- -0- Audit Provision Auditable No Audit Duty to Defend X X Defense Cost Add'l to Limit X X Prior Acts Ltd. Ltd Employment Practice Liab. 5000000 5000000 EEOC Hearings 25000/75% X Insured Legal 25000/75% X Punitive Damages X Back Pay awards X X Discrimination X X Contractual Liability X X Public Officials Liability X X Employee Benefits Liability X X Failure to Supply X X Intentional Acts X X Attachment 1 Page 4 Inverse Condemnation X X Medical Directors Liability X X Water Craft Liability X X Non Own'ct Water Craft X X Railroad Protective Liability Sexual Harassment X X Sexual Molestation X X Host Liquor Liability X X Liquor Liability Vicarious Liability X Retro Date Wrongful Acts nla (Occ Form) 10-01 Form GL Occurrence Occurrence Form Wrongful acts Occurrence Claims Made Automobile Liability 5,000,000 5.000.000 PIP 10000 10000 HiredINon Owned 5000000 5000000 Uninsured Motorist 1000000 Garage Liability Garage keepers Liability Liability Deductible -0- 500 Auto Physical Damage -0-1$250 500 Professional Liability N/A N/A Fiduciary Liability Property Real Property 13,182,046 13,182,046 Personal Property 510000 510000 (Contents) Above Ground Piping Included Included Account Receivables Included Included Attachment I Page 5 Ammonia Contamination Included Included Commandeered Property Included Included Communication Equipment Included Included Debris Removal Included Included Demolitionllnc Cont.Cost Included Included Emergency Port Equipment Included Included Extra Exp./Expediting Exp. Included Included Fine Arts Included Included Outdoor Property Included Included Signs Included Included Paved Surfaces on Premises Included Included Preservation of Property Included Included Builders Risk Included Rental Value Included Included Utility Interruption Included Included Vacant Buildings Ltd. Ltd. Valuable Papersl Records Included Included Pollutant Cleanup/Removal 250000 Employee Personal Property Included 50000 Trees, Shrubs, Landscaping Fire Department Svc, Chg. 25000 25000 Property Deductible 250 1000 Valuation BldglContents R1C R1C Valuation Other ACV ACV Newly Acquired Property Included Included Excess NFlP Flood Included 1,000,000 Marine Structures Not covered Not covered Property Not Covered Aircraft X X Dams X X DitcheslCanals X X Excavations X X Attachment 1 Page 6 Underground Structures X X Precious Metals/Furs X X Land X X Property Covered Elsewhere X X Shipment By mail X X Standing Timber'Crops X X Wells X X Exclusions Mysterious Disappearance X X Rain to Property in open X X Excess Load on Machinery X X Computer Error Damage X X Earth Movement X X Employee Crime X X NuclearlRadiation X X Shrinkage 'leakage X X Venninllnsects X X Ground Water Seepage X X Wear and Tear X X Construction Delay X X War X X Faulty PlanninglEngineering X X Wrongful Acts X X Auto Racing X X Non Specific Pollution X X NFlP Flood X X Boiler and Machinery 2000000 13,182,046 Loss of income 250000 250000 EDP Attachment 1 Page 7 Hardware 650000 650000 Software 300000 300000 Extra Expense 200000 250000 Mobile Equipment Included Scheduled 55000 50000 Unscheduled 15000 25000 CrimelEmp Dishonesty Blanket Blanket Employee 100000 100000 100000 Forgery' Alteration 100000 100000 100000 Computer Fraud 100000 Moneys and Securities 25000 25000 25000 Faithful Performance Included Included Included Crime Deductible 100 250 500 Statutory AD&D Workers Compensation I Mil Mil M IM/IMIlM Deductible -0- -0- Aviation Airport Premises Liability Hangar Keepers LL Airport POL Pollution Products hazard 1000000/2000000 Pest/Herb. Spraying Included Hostile Fire Included Misc Misc'lIIegal Dumping Included Use, Handling Storage Included Cost Attachment: 1 Page 8 Payrnent Plan Yes Yes Fee $ $ $ $ Total Premium $521403 $66566 $4989 $576296 CITY OF AVENTURA OFFICE OF THE CITY MANAGER MEMORANDUM TO: FROM: DATE: SUBJECT: Resolution Authorizing Execution of Development Agreement for the Design and Construction of the Aventura Elementary Charter School Facility September 24, 2001 City Commission Meeting Agenda Item 3A RECOMMENDATION It is recommended that the City Commission authorize the execution of the Development Agreement for the design and construction of the Aventura Elementary Charter School Facility between the City and Charter Schoolhouse Developers, Inc. (CSD). BACKGROUND Resolution No. 2001-50 selected the firm of Charter Schools USA, Inc. in association with Charter Schoolhouse Developers, Inc. to design, build and operate and maintain a charter elementary and authorized the City Manager to negotiate the terms and fees for said services. Attached is the Agreement that has been negotiated with Charter Schoolhouse Developers, Inc. for the design and construction of the school. It is an extensive agreement that incorporates the requirements contained in the RFP and the response documents. The Agreement has been reviewed by the City Attorney's Office and Kathy Wilbur. The major points of the Agreement are as follows: 1. The respond documents filed in response to RFP #01-06-01-02 have been incorporated in the document Memo to City Commission Page 2 2. Establishes a Schedule of Values (See Exhibit "AU). 3. Requires that a Temporary Certificate of Occupancy be acquired for the school no later than July 1, 2003. 4. In the event the school is not completed in the time frame outlined in the Agreement, liquidated damages of $5,000 / day will be assessed. 5. Establishes the Guaranteed Maximum Price at $5,075,000 for a 45,000 square foot facility including architect / engineering services, contract administration and management and site improvements. In the event the project is completed under the Guaranteed Maximum Price, the savings will be split 75% (City) and 30% (CSD). 6. Requires that both the City and Charter Schools USA approve the final design prior to commencement of construction. 7. Establishes requirements for payment and performance bonds and insurance. 8. The Developer's fee for overhead and profit is $450,000. 9. The Agreement is contingent on the following: a. Charter Schools USA executing the Planning Agreement. b. The City obtaining a charter for the school from the Miami-Dade School Board. c. The City acquiring the Tempest property by April 30, 2002. 10. Allows for the termination by the City for convenience and without cause. A preliminary site plan and school layout is attached. If you have any questions, please contact me. EMS/aca Attachment eeo 1 008-01 RESOLUTION NO. 2001-_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE AVENTURA CHARTER ELEMENTARY SCHOOL FACILITY BETWEEN THE CITY OF AVENTURA AND CHARTER SCHOOLHOUSE DEVELOPERS, INC.; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, THAT: Section 1. The City Manager is hereby authorized to execute the attached Development Agreement for the design and construction of the Aventura Charter Elementary School facility between the City of Aventura and Charter Schoolhouse Developers, Inc. Section 2. The City Manager is authorized to do all things necessary to carry out the aims of this resolution. Section 3. This Resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Commissioner who moved its adoption. The motion was seconded by Commissioner and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger Commissioner Jay R. Beskin Commissioner Manny Grossman Commissioner Harry Holzberg Commissioner Patricia Rogers-Libert Vice Mayor Ken Cohen Mayor Jeffrey M. Perlow Resolution No. 2001-_ Page 2 PASSED AND ADOPTED this 24h day of September, 2001. JEFFREY M. PERLOW, MAYOR ATTEST: TERESA M. SOROKA, CMC, CITY CLERK APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY , Proposed Site Plan School & Community/Recreational Center n o . m n z < o , z , , lllel!> '* ". '''' S C '* H . ~. 0 0 L . ~ " a " " . " . . ~ > . . c o M M U N I T V C E N T E ~ " o < . . " 'I I . . -=-~- ~ n o m o z , < o z , . ~ o ...."'~:'I 111.... ' . 1_, "':!i:. '::11 Lll. : If Aventura Chaner Elementary School CityofAventura A VENTURA CHARTER SCHOOL Appendix - Exhibit B Page I JI/Draft ACES-Ground Floor > . o o m '" ~ . ....... = ! ; . , . . . , . . . . . " . . ~ > . o o ,. ~ 0, A ventura Charter Elementary School City of Aventura = = d i: I. = ~ E3 = = ~8 08 m o : > I'~ .J ~i ~ iji Ii iji -i Ii ".- f ~i ", liS "" ~i II ~8". 18 ~8 ~i o : > A VENTURA CHARTER SCHOOL < : < , : o , o .."...~. "I IIHI;:, : I.. 'II" ::11 l~: ' : I I . . . . . , . . . . . " . . ~ . Appendix - Exhibit B Page 2 J"Drafi ACES-Second Floor . o c o % , < % o . . . . . . iji , ~i , , ~i ~i . ~i ~@ . . ~i , Ii ~i , , . ~ . 0 " . ~i . , . ~i ~i $ . Ii . . , . " ~i ~i " . . . . . ~ 0 > . 0 c m 0 % , < z 0 . . ,. A VENTURA ....'''[22J' 'I u 11111'.' :: I._ CHARTER SCHOOL ll'r: ;::11 1...- . II Aventura Chaner Elementary School City of Aventura Appendix. - Exhibit 8 Page] I"Drajl DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE AVENTURA ELEMENTARY CHARTER SCHOOL FACILITY between CHARTER SCHOOLHOUSE DEVELOPERS, INC. and THE CITY OF AVENTURA For AVENTURA CHARTER ELEMENTARY SCHOOL Table of Contents Articles Paae ARTICLE 1- DEFINITIONS 2 ARTICLE 2 - CONTRACT DOCUMENTS 3 ARTICLE 3 -SCOPE OF WORK 6 ARTICLE 4 - CONTRACT TIME 6 ARTICLE 5 -CONTRACT SUM 7 ARTICLE 6 DEVELOPER'S RESPONSIBILITIES 7 ARTICLE 7 -CITY'S RESPONSIBILITIES 14 ARTICLE 8 CITY MANAGER'S RESPONSIBILITIES 14 ARTICLE 9 -BONDS AND INSURANCE 15 ARTICLE 10 - WARRANTIES; TESTS AND INSPECTIONS: CORRECTION OF DEFECTIVE WORK 19 ARTICLE 11- CHANGE OF CONTRACT TIME 22 ARTICLE 12 - COST OF WORK 22 ARTICLE 13 -PAYMENTS TO DEVELOPER AND COMPLETION OF WORK 23 ARTICLE 14. TERMINATION OF THE AGREEMENT 26 ARTICLE 15 - NOTICE, COMPUTATION OF TIME 28 ARTICLE 16 - MISCELLANEOUS 29 ARTICLE 17 - ASSIGNMENT 30 ARTICLE 18 - PLANNING AGREEMENT 30 ARTICLE 19 - ACQUISITION OF SCHOOL SITE 30 ARTICLE 20- SPECIFIC PERFORMANCE 31 ARTICLE 21- HAZARDOUS SUBSTANCES 31 DEVELOPMENT AGREEMENT FOR THE DESIGN AND CONSTRUCTION OF THE AVENTURA ELEMENTARY CHARTER SCHOOL FACILITY THIS AGREEMENT, made and entered into the _day of _2001 by and between: CITY OF AVENTURA, a Florida municipal corporation 19200 West Country Club Drive Aventura, Florida 33180 (hereinafter referred to as "CITY") AND CHARTER SCHOOLHOUSE DEVELOPERS, INC. 1500 San Remo Avenue Suite 420 Coral Gables, Florida 33146 (hereinafter referred to as "DEVELOPER") WHEREAS, the CITY issued RFP #01-06-01-2 to design, build, operate and maintain a Charter Elementary School for the City of Aventura at the site currently known as the Tempest Parcel, at 3333 N. E. 188th Street, Aventura, Florida hereinafter referred to as "Site"; and WHEREAS, after extensive review of the submittal by City staff, staff recommended that Charter Schools USA, Inc., in association with Charter Schoolhouse Developers, Inc., be selected to design, build, operate and maintain a Charter Elementary School for the City of Aventura; hereinafter referred to as "Facility"; and WHEREAS, Charter Schools USA, Inc., has partnered with Charter Schoolhouse Developers, Inc., for the design and development of the Facility; and WHEREAS, Charter Schoolhouse Developers, Inc., has developed a team which includes the firm of Wolfberg Alvarez and Partners who have a unique level of expertise in the design of school projects and insuring the integrity of designs of school throughout the State of Florida; and WHEREAS, at the July 3, 2001, City Commission meeting, the Commission approved a Resolution selecting the firm of Charter Schools USA, Inc., in association with Charter Schoolhouse Developers, Inc., to design, build. operate and maintain a Charter Elementary School for the City of Aventura and authorizing the City Manager to negotiate the terms and fees and finalize agreements necessary to implement said Resolution. 1 WHEREAS, it is in the best interests of the CITY to enter into a Development Agreement (hereinafter referred to as "Agreement") with Charter Schoolhouse Developers, Inc., to design and construct the Facility; 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: ARTICLE 1- DEFINITIONS Wherever used in this Agreement or in the other Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Aareement - The written agreement between CITY and DEVELOPER covering the Work to be performed including other Contract Documents that are attached to the Agreement or made a part thereof. 1.2 CITY - The City of Aventura with whom DEVELOPER has entered into the Agreement and for whom the Work is to be provided. 1.3 City Manaaer - The City Manager or his designee (hereinafter referred to as "Manager") of the City of Aventura, who has the authority on behalf of the CITY to grant or deny approvals, conduct reviews and inspections, and perform the CITY's responsibilities required by this Agreement 1.4 Contract Documents - The Contract Documents consist of the Agreement, the Schedule of Values, the Plans and Specifications, Non-Collusive Affidavit, Public Entity Crimes Form, Notice to Proceed, Certificate(s) of Insurance, Payment and Performance Bonds, all applicable provisions of State, Federal or local law (incorporated herein by reference), including the State Requirements for Public Educational Facilities Construction and the State Requirements for Educational Facilities (hereinafter referred to as "SREF"), and as may be incorporated into the new Florida Building Code, the response to RFP #01-06-01-02, Design, Build, Operate and Maintain Charter Elementary School as submitted by Charter Schools USA, Inc, and DEVELOPER dated June 1, 2001 (the "RFP Response"), and any additional documents which are required to be submitted under the Agreement, and all amendments, modifications and supplements issued on or after the effective date of the Agreement 1.5 Defective - An adjective which when modifying the Work refers to Work that is unsatisfactory, faulty or deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection, reference 2 standard, test or approval referred to in the Contract Documents, or has been damaged prior to final payment 1.6 DEVELOPER - Charter Schoolhouse Developers, Inc., having responsibility for the design and construction of the facility. 1.7 Drawinas -The drawings which show the character and scope of the Work to be performed and which are referred to in the Contract Documents. 1.8 Effective Date of the Aareement - The date indicated in the Agreement on which it becomes effective, but if no such date is indicated it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 1.9 Notice to Proceed -A written notice given by CITY to DEVELOPER fixing the date on which the DEVELOPER shall have access to the Site for the purpose of completing the construction in accordance with this Agreement 1.10 Sub-contractor - An individual, firm or corporation having a direct Contract with DEVELOPER or with any other Sub-contractor for the performance of a part of the Work at the site. 1.11 Work - Work is the result of performing services, specifically, including but not limited to, professional design services and construction, furnishing labor, equipment and materials incorporated, used or incorporated in the design and construction of the entire project as required by the Contract Documents. 1.12 Written Amendment - A written amendment of the Agreement and/or the Contract Documents, signed by CITY and DEVELOPER on or after the Effective Date of the Agreement and normally dealing with the non-engineering, non- architectural, or non-technical aspects, rather than strictly Work related aspects. of the Contract Documents. ARTICLE 2 - CONTRACT DOCUMENTS 2.1 Enumeration of Contract Documents: 2.1.1 The Contract Documents which comprise the entire agreement between CITY and DEVELOPER are attached or incorporated by reference and made a part of this Agreement hereof and consist of the following: (1) This Agreement (pages 1 to 34, inclusive). (2) Schedule of Values, attached hereto and incorporated herein as Exhibit 3 "A" to this Agreement. (3) Construction performance bond, consisting of _pages. (4) Construction payment bond, consisting of _pages. (5) Insurance certificate, consisting of _page. (6) Notice to Proceed. (7) All applicable provisions of State, Federal or local law (incorporated herein by reference), including the State Uniform Building Code for Public Educational Facilities Construction and SREF, and as may be incorporated into the new Florida Building Code. (8) Plans and Specifications. (9) Non-Collusive Affidavit (10) Public Entity Crimes Form (11) The RFP Response (12) Any modification duly delivered after execution of Agreement. 2.2 Entire Agreement: The Contract Documents comprise the entire Agreement between CITY and DEVELOPER concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all. The Contract Documents will be construed in accordance with the law of the State of Florida. 2.3 Intent: 2.3.1 It is the intent of this Agreement to provide for the requirements of the DEVELOPER to design and construct the Facility in accordance with the RFP Response, hereby incorporated by reference as one of the Contract Documents, and to meet the requirements of the Charter School application and contract to be approved by the School Board of Miami-Dade County and to complete the Facility on or before the commencement of the 2003 School Year. 2.3.2 It is the intent of the Contract Documents to describe a functionally complete Facility consisting of total design performed by design professional and construction to be completed in accordance with the Contract Documents. Any Work, 4 materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result will be supplied whether or not specifically called for. When words which have a well known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the laws or regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or laws or regulations in effect at the time of contract award, except as may be otherwise specifically stated. However, no provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of CITY, DEVELOPER, or any of their consultants, agents or employees from those set forth in the Contract Documents. 2.3.3 The DEVELOPER acknowledges that the School Board has indicated it will waive 4% of its typical 5% administrative fee, where charter schools are constructed under certain conditions, including that the charter school be constructed in accordance with SREF. It is the intent of this Agreement and the Contract Documents to provide for the DEVELOPER and the DEVELOPER's architect to work diligently with the CITY and Charter Schools, USA, Inc., and, insofar as is possible within the approximate 45,000 square feet proposed in the RFP Response, design and construct the Facility in accordance with the requirements mandated by the State Uniform Building Code for Public Educational Facilities Construction and SREF (and as may be incorporated in the new Florida Building Code), including all life/safety mandates and mandates resulting from the specified educational program. SREF compliancy shall be demonstrated by the DEVELOPER obtaining signotf/certification by one of the School Board's Educational Facilities Compliance Officers/Uniform Building Code Inspector (EFCO/UBCI) firms that the Facility is SREF-compliant. 2.4 Representation of DEVELOPER: Execution of the Agreement by the DEVELOPER is a representation that DEVELOPER has visited the Site and become familiar with the local conditions under which the Work is to be performed. If conditions are encountered at the site which are (1) subsurface or otherwise concealed physical conditions which differ materially from those indicated in the Contract Documents or (2) unknown physical conditions of an unusual nature, which differ materially from those ordinarily found to exist and generally recognized as inherent in construction activities of the character provided for in the Contract Documents, then written notice by the DEVELOPER shall be given to the CITY promptly before such conditions are disturbed. If the conditions differ materially from those indicated in the Contract Documents and were not known to the DEVELOPER at the time this Agreement was executed, and cause a material increase or decrease in the DEVELOPER's cost of, or time required for, performance of any part of the Work, an equitable adjustment in the Contract Sum or Contract Time, or both, will be made. 5 2.5 Before Commencing Operations: Before undertaking each part of the Work, DEVELOPER shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon. DEVELOPER shall promptly report in writing to CITY any conflict, error or discrepancy which DEVELOPER may discover and shall obtain a written interpretation or clarification from the CITY MANAGER before proceeding with any Work affected thereby. If the DEVELOPER performs any construction activity knowing it involves a recognized conflict, error, or discrepancy without such notice, the DEVELOPER shall assume responsibility for such performance and shall bear the attributable costs for correction. ARTICLE 3 -SCOPE OF WORK 3.1 DEVELOPER shall provide all labor, services and materials necessary to design, construct and complete the Facility pursuant to the requirements of this Agreement, Contract Documents and as generally defined in the RFP Response and as further defined by the approved construction documents. In the event of conflict between the RFP Response and this Agreement, this Agreement shall prevail. ARTICLE 4 - CONTRACT TIME 4.1 TIME IS OF THE ESSENCE OF THIS AGREEMENT. DEVELOPER acknowledges that time is of the essence in the completion of this project. The construction to be performed under this Agreement shall be commenced upon hotification from the CITY that the CITY has acquired ownership of the Site and as specified in the Notice to Proceed. In addition, DEVELOPER acknowledges and agrees that Facility must be substantially completed so that it is available for operation for the commencement of the 2003 School Year pursuant to the requirements of Paragraph 4.3 of this Agreement 4.2 The DEVELOPER further agrees that all Work under this Agreement shall be prosecuted regularly, diligently and uninterrupted at such rate of progress as will ensure full completion thereof within the time specified. Failure to achieve timely, substantial and/or final completion shall be regarded as a materia! breach of this Agreement and subject to the appropriate remedies. 4.3 DEVELOPER acknowledges and agrees that there must be at least a temporary certificate of occupancy issued for the Facility, pursuant to the requirements of the Florida Building Code, no later than July 1,2003, to ensure that the Facility is ready for the commencement of the 2003 School Year. Should CITY determine that the Facility will not be available for occupancy on or before July 1, 2003, DEVELOPER agrees to comply with the provisions of Section 11.1.2 of this Agreement Upon the issuance of a temporary certificate of occupancy for the Facility, DEVELOPER agrees to proceed diligently and with all deliberate speed, to complete any Work remaining under this Agreement, such that a permanent certificate of occupancy is issued within the 6 timeframes prescribed by law. ARTICLE 5 -CONTRACT SUM 5.1 CITY shall pay DEVELOPER in current funds as full compensation for the performance of all the Work a guaranteed maximum price of Five million and seventy five thousand and 00/100 dollars ($5,075,000.00). This guaranteed maximum price shall include but not be limited to the following: Architect/Engineering; Contract Administration and Management; Construction of a 45,000 s.f. Charter Elementary School; Site improvements. 5.2 CITY and DEVELOPER acknowledge that there is the guaranteed maximum (GMP) price of Five million and seventy five thousand and 00/100 dollars ($5,075,000.00); however, should the CITY request a change in the scope of Work in writing which would cause an increase in the contract sum, the CITY shall be responsible for said increase in costs. Any and all changes to the scope of Work shall be done to maintain the integrity of an operational charter school which meets the requirements of the Charter School application and contract to be approved by The School Board of Miami-Dade County and the applicable state statutes. ARTICLE 6 DEVELOPER'S RESPONSIBILITIES 6.1 Design Responsibilities: 6.1.1 DEVELOPER shall determine the general scope, extent and character of the Work, in compliance with the Contract Documents. and shall delineate any functions or work to be performed by Charter Schools USA, Inc., DEVELOPER shall submit preliminary design documents to CITY and Charter Schools USA, Inc., for review and authorization to proceed with the final design preparation. DEVELOPER shall incorporate CITY's and Charter Schools USA, Inc., comments into the design documents and prepare final construction documents and diagrams setting forth in detail the requirements for construction of the Work and submit the same to CITY and Charter Schools USA, Inc., for approval prior to commencing construction of the Work. All final design documents, plans, reports, studies and other data prepared by DEVELOPER shall bear the endorsement of a person in the full employ of DEVELOPER or sub-contractor and duly registered in the appropriate professional category. It shall be the DEVELOPER's responsibility to provide the CITY with documentation that Charter Schools USA, Inc., has authorized and approved all design and construction documents. 6.1.2 After Charter Schools USA, Inc., and CITY'S acceptance of the final construction documents, the original set of DEVELOPER'S final construction 7 documents shall be provided to CITY along with two (2) record sets of full size prints. DEVELOPER or its sub-contractor shall signify, by affixing an endorsement (seal/signature, as appropriate) on every sheet of the record set, that the Work shown on the endorsed sheets was produced by DEVELOPER Upon approval of the final construction documents, CITY shall issue a written authorization to commence construction. 6.1.3 All tracings, plans, drawings, diagrams, specifications, maps, reports and other design documents prepared or obtained under this Agreement shall be considered works made for hire and shall become the property of CITY without restriction or limitation on their use for this project pursuant to the requirements of this Agreement. However, if the documents are modified in any manner by the CITY without the approval of DEVELOPER or DEVELOPER's architect, CITY's use of the documents are at CITY's sole risk. 6.1.4 All services shall be performed by DEVELOPER to the satisfaction of CITY who, upon making a determination of acceptance or satisfaction shall utilize approved professional standards. City Manager, or his designee, shall decide all questions, and disputes of any nature whatsoever that may arise by reason of the execution of this Agreement and the prosecution and fulfillment of the services hereunder. 6.1.5 Design shall be performed by qualified architects, engineers and other professionals duly licensed by the State of Florida and holding current certificates of registration under the laws of the State of Florida to practice architectural and/or engineering and who are selected and paid by the DEVELOPER 6.2 Liability for use of Work for Intended Purpose: As an inducement for CITY to enter into this Agreement, DEVELOPER has represented an expertise in designing and constructing charter schools. In reliance upon those representations, CITY hired DEVELOPER to provide professional design services and complete construction services. DEVELOPER shall be liable for any defective or negligent design, whether patent or latent, and/or any negligence, strict liability or breach of other legal duty as such may be found by a court of competent jurisdiction. 6.3 Supervision and Superintendence: DEVELOPER shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying DEVELOPER'S best skill, attention and expertise. DEVELOPER shall be solely responsible for and have control over the means, methods, techniques, sequences and procedures of construction. DEVELOPER shall be responsible to see that the finished Work complies accurately with the Contract 8 Documents, and approved final construction documents. CITY shall have the authority to reject Work that does not comply with the Contract Documents. 6.4 Resident Superintendent DEVELOPER shall keep on the Work at all times during its progress a competent resident superintendent and any necessary assistants who shall not be replaced without written notice to CITY unless the superintendent proves to be unsatisfactory to DEVELOPER and ceases to be in his employ. 6.5 Labor: 6.5.1 Construction services shall be performed by qualified construction contractor licensed to do business in the State of Florida and suppliers, selected and paid by the DEVELOPER 6.5.2 DEVELOPER shall provide and pay for competent, suitably qualified personnel to perform the Work as required by the Contract Documents. DEVELOPER shall not permit employment of unfit persons or persons not skilled in tasks assigned to them. DEVELOPER shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise indicated in the Contract Documents, all Work at the Facility which is exterior to the Facility, i.e., roofing, HVAC installations, any and all external structure renovations, shall be performed during the hours of 7:00 am. and 6:00 p.m., unless otherwise approved by CITY. 6.6 Materials: 6.6.1 Unless otherwise specified herein, DEVELOPER shall furnish, pay for and assume full responsibility for all materials, equipment, transportation, machinery, tools, appliances, water, heat, utilities and all other facilities and services necessary for the furnishing, performance, testing, start-up and proper completion of the Work. 6.6.2 DEVELOPER warrants that all materials and equipment shall be of good quality and new, unless otherwise provided in the Contract Documents and that the construction will be free from defects whether patent or latent in nature. All materials and equipment shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract Documents. 6.7 Concerning Subo(;ontractors, Suppliers and Others: 9 6.7.1 Prior to the commencement of any specific Work hereunder, and prior to award of any subcontracts, DEVELOPER shall furnish, in writing to CITY, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the Work. CITY shall advise DEVELOPER, in writing, of any proposed person or entity to which CITY has a reasonable objection. Failure of CITY to reply promptly shall constitute notice of no reasonable objection. DEVELOPER shall not contract with a proposed person or entity to whom CITY has made a reasonable and timely objection. If CITY has reasonable objection to a person or entity proposed by DEVELOPER, DEVELOPER shall propose another to whom CITY has no reasonable objection. DEVELOPER shall not change a sub- contractor, person or entity previously selected if CITY makes reasonable objection to such change. 6.7.2 DEVELOPER shall be fully responsible to CITY for all acts and omissions of the DEVELOPER'S employees, Sub-contractors, Suppliers and other persons directly or indirectly employed by his Sub-contractors, suppliers and of persons for whose acts any of them may be liable and any other persons and organizations performing or furnishing of the Work under a direct or indirect Contract with DEVELOPER Nothing in the Contract Documents shall create any Contractual relationship between CITY and any such Sub-contractor, supplier or other person or organization, nor shall it create any obligation on the part of CITY to payor to see to the payment of any moneys due any such Sub-contractor, supplier or other person or organization except as may otherwise be required by laws and regulations. 6.7.3 All Work performed for DEVELOPER by a Sub-contractor will be pursuant to an appropriate agreement between DEVELOPER and the Subcontractor which specifically binds the Sub-contractor to the applicable terms and conditions of the Contract Documents for the benefit of CITY. 6.7.4 Developer shall provide Charter Schools USA with access to the site and work at reasonable times for the installation of all furniture and equipment needed to operate the charter school. It is understood that Charter Schools USA will be responsible for ensuring that any and all damage caused by such installation shall be corrected by Charter Schools USA, without affecting the contract time. Should the correction of any damage affect the ability of the Developer to obtain a Certificate of Occupancy, then Charter Schools USA will assume the requirements of section 11.1.2. 6.8 Patent Fees and Royalties: DEVELOPER shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of 10 any invention, design, process. product or device which is the subject of patent rights or copyrights held by others. 6.9 Permits: DEVELOPER shall obtain all necessary approvals and pay for all permits and licenses. DEVELOPER shall pay all governmental charges and inspection fees necessary with the exception that municipal permit and inspection fees related to this Agreement shall be waived, to the extent allowed. 6.10 Laws and Regulations: DEVELOPER, including all of DEVELOPER"S services and the Work, shall comply with and give all notices required by laws, ordinances, rules, regulations and lawful orders of public authorities applicable to the performance of the Work. CITY shall not be responsible for monitoring DEVELOPER'S compliance with any laws and regulations. DEVELOPER shall promptly notify CITY if the Contract Documents are observed by DEVELOPER to be at variance therewith. In the event of such variance, DEVELOPER, at its cost and expense shall revise the Contract Documents to comply with such laws, and correct those portions of the Work, if any, constructed pursuant to the non-compliant Construction Documents. 6.11 Risk of Loss; Title: The risk of loss, injury or destruction shall be on DEVELOPER until acceptance of the Work by CITY. Title to the Work shall pass to CITY upon acceptance of the Work by CITY. 6.12 Taxes: DEVELOPER shall pay all sales, consumer, use and all other taxes required to be paid in connection with the Work in accordance with the laws and regulations of the State of Florida and its political subdivisions. DEVELOPER is responsible for reviewing the pertinent state statutes involving such taxes and complying with all requirements. 6.13 Use of Premises: 6.13.1 DEVELOPER shall confine equipment, the storage of materials and equipment and the operations of workers to the Site and areas identified in and permitted by the Contract Documents and shall not unreasonably encumber the Site with equipment or other materials. DEVELOPER shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the Work. Should any claim be made against CITY by any such 11 owner or occupant because of the performance of the Work, DEVELOPER shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim. The general indemnification provided elsewhere in this Agreemen! specifically applies to the foregoing claims arising out of DEVELOPER's use of the Site. 6.13.2 During the progress of the Work, DEVELOPER shall keep the Site free from accumulations of waste materials, rubbish and other debris resulting from the Work. At the completion of the Work. DEVELOPER shall remove all waste materials, rubbish and debris from and about the Site, as well as all tools, appliances, equipment and machinery, and surplus materials, and shall leave the Site clean and ready for occupancy by CITY. DEVELOPER shall restore to original condition all property not designated for alteration by the Contract Documents. 6.13.3 DEVELOPER shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall DEVELOPER subject any part of the Work or adjacent property to stresses or pressures that will endanger it 6.14 Access to Work: DEVELOPER shall provide CITY, CITY's consultants, representatives and personnel, Charter Schools USA, Inc., personnel, independent testing laboratories and governmental agencies with jurisdictional interests with access to the Site and Work at reasonable times for their observation, inspection and testing. DEVELOPER shall provide them proper and safe conditions for such access and advise them of DEVELOPER's site safety procedures and programs so that they may comply therewith. 6.15 Safety and Protection: 6.15.1 DEVELOPER shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work to prevent damage, injury or loss to all employees on the WGFk Site and other persons and organizations who may be affected thereby; all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and other property at the Site or adjacent thereto. 6.15.2 DEVELOPER shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. 6.16 Indemnification: 12 6.16.1 GENERAL INDEMNIFICATION: The parties agree that one percent (1%) of the total compensation paid to DEVELOPER for the Work of the Agreement shall constitute specific consideration to DEVELOPER for the indemnification to be provided under the Agreement To the fullest extent permitted by laws and regulations, DEVELOPER shall indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from or on account of all claims, damages, losses, liabilities and expenses, direct, indirect or consequential including but not limited to fees and charges of engineers, architects, attorneys, consultants and other professionals and court and arbitration costs arising out of or alleged to have arisen out of or in consequence of the performance of the Work of this Agreement. Such indemnification shall specifically include but not be limited to claims, damages, losses, liabilities and expenses arising out of or from (a) the negligent or defective design of the project and Work of this Agreement; (b) any act, omission or default of DEVELOPER and/or his sub-contractors, agents, servants or employees; (c) any and all bodily injuries, sickness, disease or death; (d) injury to or destruction of tangible property, including the loss of use resulting therefrom; (e) other such damages, liabilities, or losses received or sustained by any person or persons during or on account of any operations connected with the construction of this project including the warranty period; (f ) the use of any improper materials; (g) any construction defect including both patent and latent defects; (h) failure to timely complete the Work in the time specified in this Agreement; (i) the violation of any federal, state, county or city laws, by-laws, ordinances or regulations by DEVELOPER, his sub-contractors, agents, servants, independent contractors or employees; U) the breach or alleged breach by DEVELOPER of any term of the Agreement, including the breach or alleged breach of any warranty or guarantee. The CITY shall be responsible for its own gross negligence or willful misconduct of its agents, servants, or employees. 6.16.2 PATENT AND COPYRIGHT INDEMNIFICATION: DEVELOPER agrees to indemnify, defend, save and hold harmless the CITY, its officers, agents and employees, from all damages, liabilities, losses, claims, fines and fees, and from any and all suits and actions of every name and description that may be brought against CITY, its officers, agents and employees, on account of any claims, fees, royalties, or costs for any invention or patent and/or for the infringement of any and all copyrights or patent rights claimed by any person, firm, or corporation arising from this Agreement. 6.16.3 DEVELOPER shall pay all claims, losses, liens, settlements or judgments of any nature whatsoever in connection with the foregoing indemnifications including, but not limited to, reasonable attorney s fees and costs at both the trial and appellate levels. 13 6.16.4 DEVELOPER reserves the right to select its own legal counsel, subject to mutual agreement of the parties, to conduct any defense in any such proceeding and all costs and fees associated therewith including any costs or fees of an appeal shall be the responsibility of DEVELOPER under the indemnification agreement Nothing contained herein is intended nor shall it be construed to waive CITY's rights and immunities under the common law or Florida Statute 768.28 as amended from time to time. This obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party described in this Paragraph and its subparts. 6.17 Survival of Obligations: All representations, indemnifications, warranties and guarantees made in, required by, or given in accordance with this Agreement, as well as all continuing obligations indicated in the Contract Documents, shall survive final payment, completion and acceptance of the Work and termination or completion of the Agreement 6.18 Correction or Removal of Defective Work: If required by CITY, DEVELOPER shall promptly, as directed, either correct all defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by CITY, remove it from the site and replace it with non-defective Work. DEVELOPER shall bear all direct, indirect and consequential costs of such correction or removal (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby. ARTICLE 7 -CITY'S RESPONSIBILITIES 7.1 CITY shall furnish data required of CITY under the Contract Documents promptly. 7.2 CITY acknowledges that all plan reviews, inspections and required approvals shall be expedited. 7.3 If the Work, or any portion thereof, is defective, or DEVELOPER fails to supply sufficient skilled workers or suitable materials or equipment, or fails to furnish or perform the Work in such a way that the completed Work will conform to the Contract Documents, CITY may order DEVELOPER to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of CITY to stop the Work shall not give rise to any duty on the part of CITY to exercise this right for the benefit of DEVELOPER or any other party. ARTICLE 8 CITY MANAGER'S RESPONSIBILITIES 14 8.1 The Manager will be CITY'S representative during the development and construction period and until final payment is due to DEVELOPER 8.2 Visits to Site: The Manager will make visits to the Site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, if the Work is proceeding in accordance with the Contract Documents. The Manager's efforts will be directed toward providing for CITY a greater degree of confidence that the completed Work will conform to the Contract Documents. On the basis of such visits and on-site inspections, the Manager shall keep CITY informed of the progress of the Work. 8.3 Rejecting Defective Work: The Manager will have the authority to disapprove or reject Work which Manager believes to be defective, and will also have authority to require special inspections or testing of the Work whether or not the Work is fabricated, installed or completed without causing unreasonable delay. ARTICLE 9 -BONDS AND INSURANCE 9.1 Payment and Perfonnance Bonds: 9.1.1 Within fifteen (15) calendar days after Notice to Proceed and in any event prior to commencing Work, the DEVELOPER shall furnish to CITY a performance bond and a payment bond, each written by a corporate surety, having a resident agent in the State of Florida and having been in business with a record of successful continuous operation for at least five (5) years. The surety shall hold a current certificate of authority from the Secretary of Treasury of the United States as an acceptable surety on federal bonds in accordance with United States Department of Treasury Circular No. 570. If the amount of the Bond exceeds the underwriting limitation set forth in the circular, in order to qualify, the net retention of the surety company shall not exceed the underwriting limitation in the circular and the excess risks must be protected by coinsurance, reinsurance, or other methods, in accordance with Treasury Circular 297, revised September 1, 1978 (31 DFR, Section 223.10, Section 223.11). Further, the surety company shall provide CITY with evidence satisfactory to CITY, that such excess risk has been protected in an acceptable manner. The surety company shall have at least the following minimum qualification in accordance with the latest edition of AM. Best's Insurance Guide, published by Alfred M. Best Company, Inc., Ambest Road, Oldwick, New Jersey 08858: B+ to A+. 9.1.2 Two (2) separate bonds are required and both must be approved by the 15 CITY. The penal sum stated in each bond shall be the amount equal to the total amount payable under the terms of the Agreement. The performance bond shall be conditioned that the DEVELOPER or sub-contractor perform the Agreement in the time and manner prescribed in the Agreement. The payment bond shall be conditioned that the DEVELOPER or sub-contractor promptly make payments to all persons who supply the DEVELOPER or sub-contractor with labor, materials and supplies used directly or indirectly by the DEVELOPER or sub-contractor in the prosecution of the Work provided for in the Agreement and shall provide that the surety shall pay the same in the amount not exceeding the sum provided in such bonds, together with interest at the maximum rate allowed by law; and that they shall indemnify and save harmless the CITY to the extent of any and all payments in connection with the carrying out of said Agreement which the CITY may be required to make under the law. 9.1.3 Pursuant to the requirements of Section 255.05(1 )(a), Florida Statutes, it shall be the duty of the DEVELOPER to record the aforesaid payment and performance bonds in the public records of Miami-Dade County, with the DEVELOPER to pay all recording costs. 9.2 Bonds, Reduction After Final Payment: Such bonds shall continue in effect for one (1) year after final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of said bonds reduced after final payment to an amount equal to twenty five percent (25%) of the Contract Sum, or an additional bond shall be conditioned that DEVELOPER shall correct any defective or faulty Work or material which appears within one (1) year after final completion of the Agreement, upon notification by the CITY. 9.3 Duty to Substitute Surety: If the surety on any Bond furnished by DEVELOPER is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Florida or it ceases to meet the requirements of other applicable laws or regulations, DEVELOPER shall within seven (7) days thereafter substitute another bond and surety, both of which must be acceptable to CITY. 9.4 Insurance: 9.4.1 At the time of execution of the Agreement the DEVELOPER shall submit certificate(s) of insurance evidencing the required coverages and specifically providing that the City of Aventura is an additional named insured or additional insured with respect to the required coverage and the operations of the DEVELOPER under the Agreement. The certificates of insurance shall not only 16 name the types of policies provided, but shall also specifically refer to this Agreement and shall state that such insurance is as required by Artide 9 and its subparts of this Agreement. DEVELOPER shall not commence Work under this Agreement until after DEVELOPER has obtained all of the minimum insurance herein described and the policies of such insurance detailing the provisions of coverage have been received and approved by CITY. DEVELOPER shall not permit any Subcontractor to begin work until after similar minimum insurance to cover Subcontractor has been obtained and approved. In the event the insurance certificate provided indicates that the insurance shall terminate and lapse during the term of this Agreement, then in that event, DEVELOPER shall fumish, at least thirty (30) calendar days prior to expiration of the date of such insurance, a renewed certificate of insurance as proof that equal and like coverage and extension thereunder is in effect. DEVELOPER shall not continue to perform the services required by this Agreement unless all required insurance remains in full force and effect. 9.4.2 Insurance Companies selected must be licensed to do business in the State of Florida and acceptable the CITY. All of the policies of insurance so required to be purchased and maintained shall contain a provision or endorsement that the coverage afforded shall not be canceled, materially changed or renewal refused until at least thirty (30) calendar days written notice has been given to CITY by certified mail. 9.4.3 The DEVELOPER shall procure and maintain at its own expense and keep in effect during the full term of the Agreement. a policy or policies of insurance which must include the following coverage and minimum limits of liability: (a) Professional Liabilitv (Errors and Omissions) Insurance for architectural and engineering services and the services of any other professional used in the performance of the Work of this Agreement in the amount of $1,000,000.00. The certificate of insurance for professional liability shall reference any applicable deductible and the Work of this Agreement. (b) Worker's Comoensation Insurance for statutory obligations imposed by Worker's Compensation or Occupational Disease Laws, including, where applicable, the United States Longshoremen's and Harbor Worker's Act, the Federal Employer's Liability Act and the Homes Act. Employer's Liability Insurance shall be provided with a minimum of One Hundred Thousand and xx/100 dollars ($100,000.00) per accident. DEVELOPER agrees to be responsible for the employment, conduct and control of its employees and for any injury sustained by such employees in the course of their employment. 17 (c) Comprehensive Automobile Liabilitv Insurance for all owned, non-owned and hired automobiles and other vehicles used by the DEVELOPER in the performance of the Work with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability, per occurrence (d) Comprehensive General Liabilitv Insurance (occurrence form) with the following minimum limits of liability: $1,000,000.00 Combined Single Limit, Bodily Injury and Property Damage Liability, per occurrence Coverage must be offered in a form no more restrictive than the latest edition of the Comprehensive General Liability Policy without restrictive endorsements, as filed by the Insurance Services Office and shall specifically include the following with minimum limits not less than those required for Bodily Injury Liability and Property Damage Liability: 1 . Premises and Operations; 2. Independent Developers; 3. Product and Completed Operations Liability; 4. Broad Form Property Damage; 5. Broad Form Contractual Coverage applicable to the Agreement and specifically confirming the indemnification and hold harmless agreement in the Agreement; and 6. Personal Injury coverage with employment contractual exclusions removed and deleted. (e) Builder's Risk Insurance in an amount not less than THE REPLACEMENT COST for the construction of the Work. Coverage shall be "All Risk" coverage for one hundred percent (100%) of the completed value with a deductible of not more than five thousand and 00/100 dollars ($5,000.00) per claim. 9.4.4 DEVELOPER shall maintain the Products/Completed Operations Liability Insurance for a period of at least two (2) years after final payment for the Work and furnish CITY with evidence of continuation of such insurance at final payment and one (1) year thereafter. 9.4.5 The required insurance coverage shall be issued by an insurance company authorized and licensed to do business in the State of Florida, with the following minimum rating of B + to A +, in accordance with the latest edition of A.M. Best's Insurance Guide. 18 9.4.6 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverage protect both parties as the primary coverage for any and all losses covered by the above described insurance. 9.4. 7 The DEVELOPER shall ensure that any company issuing insurance to cover the requirements contained in this Agreement agrees that they shall have no recourse against CITY for payment or assessments in any form on any policy of insurance. 9.4.8 The clauses "Other Insurance Provisions" and "Insurers Duties in the Event of an Occurrence, Claim or Suif' as it appears in any policy of insurance in which CITY is named as an additional named insured shall not apply to CITY. CITY shall provide written notice of occurrence within fifteen (15) working days of CITY's actual notice of such an event. 9.4.9 The DEVELOPER shall not commence performance of its obligations under this Agreement until after it has obtained all of the minimum insurance herein described and the same has been approved. 9.4.10 All required insurance policies shall preclude any underwriter's rights of recovery or subrogation against CITY with the express intention of the parties being that the required insurance coverages protect both parties as the primary coverages for any and all losses covered by the above described insurance. 9.4.11 The DEVELOPER agrees to perform the Work under the Agreement as an independent DEVELOPER, and not as a sub-contractor, agent or employee of CITY. 9.4.12 DEVELOPER shall require each of its Sub-contractors of any tier to maintain the insurance required herein for each category, and DEVELOPER shall provide verification thereof to CITY upon request of CITY. 9.4.13 Violation of the terms of this paragraph and its subparts shall constitute a material breach of the Agreement and CITY, at its sole discretion, may cancel the Agreement and all rights, title and interest of the DEVELOPER shall thereupon cease and terminate. 9.5 CITY'S Liability and Insurance: CITY shall not be responsible for purchasing and maintaining any insurance to protect the interests of DEVELOPER, Sub-contractors or others on the Work. CITY 19 specifically reserves all statutory and common law rights and immunities and nothing herein is intended to limit or waive same including, but not limited to, the procedural, monetary limitation and substantive provisions of Section 768.28, Florida Statutes and Section 95.11, Florida Statutes. ARTICLE 10 - WARRANTIES: TESTS AND INSPECTIONS: CORRECTION OF DEFECTIVE WORK 10.1 Warranty of Title: The DEVELOPER warrants to the CITY that it possesses good, clear and marketable title to all equipment and materials provided hereunder and there are no pending liens, claims or encumbrances whatsoever against said equipment and materials. 10.2 Warranty of Specifications: The DEVELOPER warrants that all equipment, materials and workmanship furnished, whether furnished by the DEVELOPER or its Sub-contractors and suppliers, will comply with the Contract Documents including, without limitations, the specifications, drawings and other descriptions supplied or adopted and that all services will be performed in a workmanlike manner. 10.3 Warranty of Merchantability: DEVELOPER warrants that any and all equipment to be supplied pursuant to the Agreement is merchantable, free from defects, whether patent or latent in material or workmanship and fit for the ordinary purposes for which it is intended. 10.4 Correction Period: DEVELOPER warrants, through the Performance Bond, all material and construction workmanship for a minimum of one (1) year from date of acceptance by the CITY. If within one (1) year after the date of final completion or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guarantee required by the Contract Documents, any Work is found to be defective, whether observed before or after acceptance by CITY, DEVELOPER shall promptly, without cost to CITY and in accordance with CITY's written instructions, either correct such defective Work, or, if it has been rejected by CITY, remove it from the Site and replace it with Work that is not defective and satisfactorily correct and remove and replace any damage to other Work or the Work of others resulting therefrom. If DEVELOPER does not promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage, CITY may have the defective workmanship corrected or the rejected Work removed and replaced, and 20 all direct, indirect and consequential costs of such removal and replacement (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) will be paid by DEVELOPER upon demand. 10.4.1 Where defective Work (and damage to other Work resulting therefrom) has been corrected, removed or replaced under this paragraph, the correction period hereunder with respect to such Work will be extended for an additional period of one (1) year after such correction or removal and replacement has been satisfactorily completed. 10.4.2 Nothing contained in this Article shall be construed to establish a period of limitation with respect to other obligations which DEVELOPER might have under the Contract Documents. Establishment of the time period of one (1) year as described in Paragraph 10.4.1 relates only to the specific obligation of the DEVELOPER to correct the Work, and has no relationship to the time within which the obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish DEVELOPER's liability with respect to the DEVELOPER's obligation other than specifically to correct the Work. 10.5 DEVELOPER warrants to the CITY that it, at DEVELOPER'S sole cost and expense, will comply with all applicable federal, state and local laws, regulations and orders in carrying out its obligations under this Agreement. DEVELOPER warrants to the CITY that it has obtained all necessary professional licenses necessary to perform its services under this Agreement 10.6 DEVELOPER warrants to the CITY that it is not insolvent, it is not in bankruptcy proceedings or receivership, nor is it engaged in or threatened with any litigation, arbitration or other legal or administrative proceedings or investigations of any kind which would have an adverse effect on its ability to perform its obligations under the Agreement. 10.7 DEVELOPER warrants to the CITY that the consummation of the Work provided for in the Contract Documents will not result in the breach of any term or provision of, or constitute a default under any indenture, mortgage, contract, or agreement to which the DEVELOPER is a party. 10.8 DEVELOPER warrants that there has been no violation or copyrights of patent rights either in the United States of America or in foreign countries in connection with the Work of the Agreement. 10.9 No warranty, either express or implied, may be modified, excluded or disclaimed in any way by DEVELOPER. All warranties shall remain in full force and effect, notwithstanding acceptance and payment by CITY. 21 10.10 Tests and Inspections: 10.10.1 DEVELOPER shall give CITY timely notice of readiness of the Work for all required inspections, tests or approvals. DEVELOPER shall assume full responsibility, pay all costs in connection therewith and furnish CITY the required certificates of inspection, testing or approval for all materials, equipment or the Work or any part thereof unless otherwise specified herein. 10.10.2 Inspectors shall have no authority to permit deviations from or to relax any of the provisions of the Contract Documents, or to delay the Agreement by failure to inspect the materials and Work with reasonable promptness. 10.10.3 The payment of any compensation whatever may be its character or form, or the giving of any gratuity or the granting of any favor by the DEVELOPER to any inspectors, directly or indirectly is strictly prohibited and any such action on the part of the DEVELOPER will constitute a breach of this Agreement. ARTICLE 11- CHANGE OF CONTRACT TIME 11.1 Change of Contract Time: 11.1.1 All time limits stated in the Contract Documents are of the essence of the agreement. No claim for damages or any claim shall be made or asserted against the CITY by reason of any delays. An extension of time shall be the DEVELOPER'S sole remedy for any delay claims. 11.1.2 Developer acknowledges and agrees that the charter school must open in time for the 2003 school year. Should the Facility not receive a temporary certificate of occupancy on or before July 1, 2003, which will provide for the use of the entire Facility for its intended purpose as a elementary school, the DEVELOPER acknowledges and agrees that it shall pay to the CITY liquidated damages in the amount of $5,000 per day for every day after July 1, 2003 that the Facility has not received a temporary certificate of occupancy. Such liquidated damages may be offset against any amounts due and owed by the CITY to DEVELOPER. ARTICLE 12 - COST OF WORK 12.1 The term "Cost of the Work" means the sum of all direct costs necessarily incurred and paid by DEVELOPER in the proper performance of the Work. Except as otherwise may be agreed to in writing by CITY, such costs shall be in amounts no higher than those prevailing in the locality of the project, shall include the items outlined in the Schedule of Values, attached hereto and incorporated herein as Exhibit A. 22 12.2 Developer's Fee DEVELOPER'S fee allowed to DEVELOPER for overhead and profit shall be Four hundred and fifty thousand dollars ($450,000) as outlined in the Schedule of Values, attached hereto as Exhibit A. 12.3 Incentive for Cost Savings As an incentive to reduce total project costs, the following guidelines shall govern any reductions in the overall cost of the project: 12.3.1 Subject to additions and deductions which have been mutually agreed to by the CITY and DEVELOPER, the overall guaranteed maximum price shall be adjusted accordingly. 12.3.2 If DEVELOPER accounts for and provides an overall savings from the overall guaranteed maximum price and this savings is determined to be actual costs which are less than the total allowable Cost of Work, the savings shall be divided among the DEVELOPER and CITY with the CITY receiving seventy five percent (75 %) of the savings and the DEVELOPER receiving twenty five percent (25%) of the savings. 12.4 Cost Breakdown Required: Whenever the cost of any Work is to be determined pursuant to Paragraph 12.1, DEVELOPER will submit in form acceptable to CITY an itemized cost breakdown together with supporting data. Whenever a change in the Work is to be based upon mutual acceptance of a lump sum, whether the amount is an addition, credit, or no- change-in-cost, the DEVELOPER shall submit an estimate substantiated by a complete itemized breakdown. The breakdown shall list quantities and unit prices for materials, labor, equipment and other items of cost. ARTICLE 13 -PAYMENTS TO DEVELOPER AND COMPLETION OF WORK 13.1 Progress Payments: 13.1.1 DEVELOPER may requisition payments for Work completed and a monthly draw of the Developer's Fee prorated based upon the percentage of Work completed during the preceding month during the project at intervals of not more than once a month. The DEVELOPER's requisition shall show a complete breakdown of the project components, the quantities completed and the amount due, together with a certification by the DEVELOPER that the DEVELOPER has disbursed to all Sub-contractors and suppliers their pro-rata shares of the 23 payment out of previous progress payments received by the DEVELOPER for all Work completed and materials furnished in the previous period eF and partial waivers of lien executed by DEVELOPER and properly executed releases of liens by all Sub-contractors, suppliers and materialmen who were included in the DEVELOPER'S previous applications for payment, and any other supporting documentation as may be required by the Contract Documents. Each requisition shall be submitted in triplicate to the Manager for approval. The CITY shall make payment to the DEVELOPER within thirty (30) calendar days after approval by the Manager of the DEVELOPER'S requisition for payment. 13.1.2 Ten percent (10 %) of all monies earned by the DEVELOPER including the monthly draw of DEVELOPER'S Fee shall be retained by the CITY until the Work is totally completed as specified, and accepted by the CITY except that after fifty percent (50 %) of the Work has been completed, the CITY may, but in no way be obligated to, reduce the retainage to five percent (5%) of all monies earned. 13.2 Final Inspection: Upon written notice from DEVELOPER that the entire Work or an agreed portion thereof is complete as evidenced by the issuance of a permanent certificate of occupancy or use, as applicable, CITY will make a final inspection and will notify DEVELOPER in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. DEVELOPER shall immediately take such measures as are necessary to remedy such deficiencies. 13.3 Final Application for Payment: After DEVELOPER has completed all such corrections to the satisfaction of Manager and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked up record documents and other documents required by the Contract Documents, and after Manager has indicated that the Work is acceptable, DEVELOPER may make application for final payment. The final application for payment shall be accompanied by (1) complete and legally effective releases or waivers of all liens arising out of or filed in connection with the Work; or (2) DEVELOPER'S receipts in full covering all labor, materials and equipment for which a lien could be filed; or (3) a final affidavit stating that all laborers, materialmen, suppliers and Sub-contractors who worked for DEVELOPER under this Agreement have been paid in full or if the fact be otherwise, identifying the name of each lien or who has not been paid in full and the amount due or to become due each for labor, services or materials furnished. If any Subcontractor or supplier fails to furnish a release or receipt in full, DEVELOPER may furnish a bond satisfactory to CITY to indemnify CITY against any lien. In addition, DEVELOPER shall also submit with the final application for payment, 24 the completed set of "As-Built" drawings for review and approval. The "As-Built" drawings shall be prepared, sealed and certified by a design professional licensed by the State of Florida. Final payment to DEVELOPER shall not be made until said drawings have been reviewed and approved by CITY. Prior to approval, if necessary, the drawings may be returned to DEVELOPER for changes or modifications if in the opinion of CITY they do not represent correct or accurate "As-built" drawings. 13.4 Final Payment and Acceptance: 13.4.1 If, on the basis of Manager's observation of the Work during construction and final inspection, and CITY'S review of the final Application for Payment and accompanying documentation, CITY is satisfied that the Work has been completed and DEVELOPER's other obligations under the Contract Documents have been fulfilled, CITY will, within ten (10) days after receipt of the final Application for Payment and accompanying documentation, in appropriate form and substance, present the Application to CITY for payment. Thereupon, the Manager will give written notice to DEVELOPER that the Work is acceptable. Otherwise, CITY will return the Application to DEVELOPER, indicating in writing the reasons for refusing to recommend final payment, in which case DEVELOPER shall make the necessary corrections and resubmit the Application and accompanying documentation, in appropriate form and substance. Thirty (30) days after the Manager has given written notice to DEVELOPER that the Work is acceptable, the amount recommended will become due and will be paid by CITY to DEVELOPER. 13.4.2 If, through no fault of DEVELOPER, final completion of the Work is significantly delayed and if Manager so confirms, CITY shall, upon receipt of DEVELOPER'S final Application for Payment and without terminating the Agreement, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by CITY for Work not fully completed or corrected is less than the retainage stipulated in the Agreement, and if bonds have been furnished as required, the written consent of the surety to the payment of the balance due for that portion of the Work fully completed and accepted shall be submitted by DEVELOPER to CITY with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of claims. 13.5 Final payment, constituting the entire unpaid balance of the Contract Sum, shall be paid by the CITY to the DEVELOPER when the Work has been completed pursuant to the terms of this Agreement, the Agreement fully performed, and a final certificate for payment has been issued by the CITY's Chief Building Official. The making of final payment shall constitute a waiver of claims by CITY except those arising from: (1 ) Liens, claims, security interests or encumbrances arising out of this 25 Agreement and unsettled. (2) Faulty or defective Work and latent and patent defects discovered after acceptance. (3) Failure of the Work to comply with the requirements of the Contract Documents. (4) Terms of special warranties required by the Contract Documents (5) Any of DEVELOPER'S continuing obligations under, or which survive this Agreement. (6) Any warranties and guarantees provided under Florida law. The acceptance of final payment by DEVELOPER or the sub-contractor for materials and supplies shall constitute a waiver of claims by that payee except those previously made in writing and identified by payee as unsettled at the time of final application for payment. 13.6 CITY'S Right to Withhold Payment: The CITY may withhold in whole or in part, final payment or any progress payment to such extent as may be necessary to protect itself from loss for reasons including, but not limited to, the following: 13.6.1 Defective Work not remedied. 13.6.2 Claims filed or reasonable evidence indicating the probable filing of claims by other parties against the DEVELOPER. 13.6.3 Failure of the DEVELOPER to make payment to Sub-contractors or suppliers for materials or labor. 13.6.4 Damage to another Party not remedied. 13.6.5 Reasonable evidence that the Work cannot be completed for the unpaid balance of the Contract Sum. 13.6.6 Failure to carry out the Work in accordance with the Contract Documents. When the above reasons are removed or resolved or the DEVELOPER provides a surety bond or a consent of surety satisfactory to the CITY which will protect the CITY in the amount withheld, payment may be made in whole or in part. 26 ARTICLE 14. TERMINATION OF THE AGREEMENT 14.1 CITY'S Right to Terminate: The CITY has the right to terminate this Agreement upon the occurrence of any one or more of events_which include, but are not limited to, the following: 14.1.1 If DEVELOPER commences a voluntary case under any chapter of the Bankruptcy Code as now or hereafter in effect, or if DEVELOPER takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such time relating to the bankruptcy or insolvency. 14.1.2 If a petition is filed against DEVELOPER under any chapter of the Bankruptcy Code as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against DEVELOPER under any other federal or state law in effect at the time relating to bankruptcy or insolvency. 14.1.3 If DEVELOPER makes a general assignment for the benefit of creditors. 14.1.4 If DEVELOPER admits in writing an inability to pay its debts generally as they become due. 14.1.5 If DEVELOPER persistently fails to perform the Work in accordance with the Contract Documents (including but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment or failure to adhere to the progress schedule as same may be revised from time to time). 14.1.6 If DEVELOPER fails to comply with laws or regulations of any public body having jurisdiction. 14.1.7 If DEVELOPER otherwise fails to comply with any provisions of the Contract Documents. CITY may, after giving DEVELOPER and the surety seven (7) days written notice, terminate the services of DEVELOPER, exclude DEVELOPER from the Site and take possession of the Work and of all DEVELOPER's tools, appliances, construction equipment and machinery at the Site and use the same to full extent they could be used by DEVELOPER (without liability to DEVELOPER for trespass or conversion), incorporate in the Work all materials and equipment stored at the Site or for which CITY has paid DEVELOPER but which are stored elsewhere, and finish the Work as CITY may deem expedient. In such case DEVELOPER shall not be entitled to receive any further payment until the Work is finished. Prior to submitting written notice to surety, City shall provide DEVELOPER with the opportunity to cure within fifteen (15) calendar days of written notice. If DEVELOPER fails to cure and CITY terminates this Agreement 27 pursuant to this Section 14.1, DEVELOPER shall be liable for and immediately pay CITY upon demand, all cost and expenses, including compensatory and consequential damages associated with such termination and the completion of the Work. 14.2 Termination for Convenience of CITY: Upon seven (7) days written notice to DEVELOPER, CITY may, without cause and without prejudice to any other right or remedy, terminate this agreement for CITY'S convenience whenever CITY determines that such termination is in the best interests of CITY. Where the agreement is terminated for the convenience of CITY, the notice of termination to DEVELOPER must state that the Agreement is being terminated for the convenience CITY under the termination clause, the effective date of the termination and the extent of termination. Upon receipt of the notice of termination for convenience, DEVELOPER shall promptly discontinue all Work at the time and to the extent indicated on the notice of termination, terminate all outstanding Sub-contractors and purchase orders to the extent that they relate to the terminated portion of the Agreement, and refrain from placing further orders and subcontracts. DEVELOPER shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. DEVELOPER shall be compensated only for Work which it has performed pursuant to this Agreement and for costs incurred by reason of such termination. 14.3 Termination by DEVELOPER: If CITY fails to recommend payment for a period of thirty (30) calendar days through no fault of DEVELOPER or if CITY fails to make payment thereon for a period of thirty (30) calendar days, DEVELOPER may, upon seven (7) additional days written notice to CITY, terminate the Agreement and recover from the Agreement payment for Work executed and for proven loss with respect to materials, equipment, tools and construction equipment and machinery. ARTICLE 15 - NOTICE. COMPUTATION OF TIME 15.1 Giving Notice: All notices required by any of the Contract Documents shall be in writing and shall be deemed delivered upon mailing by certified mail, return receipt requested to the following: As to DEVELOPER: Joaquin C. Avino, PE, PLS CHARTER SCHOOLHOUSE DEVELOPERS, INC. 1500 San Remo Avenue Suite 420 Coral Gables, Florida 33146 28 As to CITY: Eric M. Soroka City Manager City of Aventura 19200 West Country Club Drive Aventura, Florida 33180 15.2 Computation of Time: When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation. A calendar day of twenty four (24) hours measured from midnight to the next midnight shall constitute a day. ARTICLE 16 - MISCELLANEOUS 16.1 The duties and obligations imposed by this Agreement and Contract Documents and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guaranties and obligations imposed upon DEVELOPER and all of the rights and remedies available to CITY thereunder, are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available to any or all of them which are otherwise imposed or available by laws or regulations, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents, and the provisions of this Paragraph will survive final payment and termination or completion of the Agreement. 16.2 DEVELOPER and its employees, volunteers and agents shall be and remain independent developers and not agents or employees of CITY with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking or venture between the parties hereto. 16.3 CITY reserves the right to audit the records of DEVELOPER relating in anyway to the Work to be performed pursuant to this Agreement at any time during the performance and term of the Agreement and for a period of three (3) years after completion and acceptance by CITY. If required by CITY, DEVELOPER agrees to submit to an audit by an independent certified public accountant selected by CITY. DEVELOPER shall allow CITY to inspect, examine and review the records of DEVELOPER at any and all times during normal business hours during the term of the 29 Agreement. 16.4 The remedies expressly provided in this Agreement to CITY shall not be deemed to be exclusive but shall be cumulative and in addition to all other remedies in favor of CITY now or hereafter existing at law or in equity. 16.5 The validity, construction and effect of this Agreement shall be governed by the laws of the State of Florida. Any claim, objection or dispute arising out of this Agreement shall be litigated in the Eighteen Judicial Circuit in and for Miami-Dade County, Florida. 16.6 Should any part, term or provision of this Agreement be by the courts decided to be invalid, illegal or in conflict with any law of the State, the validity of the remaining portion or provision shall not be affected thereby. ARTICLE 17 - ASSIGNMENT 17.1 DEVELOPER shall not assign or transfer this Agreement or its rights, title or interests therein without the prior written consent of CITY, which consent shall not be unreasonably withheld. The obligations undertaken by DEVELOPER pursuant to this Agreement shall not be delegated or assigned to any other person or firm unless CITY shall first consent in writing to the assignment, which consent may be withheld in CITY's sole discretion. Violation of the terms of this Paragraph shall constitute a material breach of this Agreement by DEVELOPER and the CITY may, at its discretion, cancel this Agreement and all rights, title and interest of DEVELOPER shall thereupon cease and terminate. ARTICLE 18 . PLANNING AGREEMENT 18.1 Simultaneously to the execution of this Agreement, Charter Schools USA, Inc., and the CITY have executed a Planning Agreement providing for the Facilities planning services. This Agreement is expressly contingent on the execution by the parties of such Planning Agreement. ARTICLE 19 - ACQUISITION OF SCHOOL SITE 19.1 The City shall use its best efforts, either through negotiations or eminent domain, to acquire the Site, located within the City of Aventura, Florida, as the primary site for the design and construction of the Facility, and to have possession of same on or before April 30, 2002. 19.2 In the event the City seeks acquisition of the Site by eminent domain, the timing of the disposition of the City's Petition for Eminent Domain shall be governed by court calendars, and the results of the City's Petition are dependent on interpretations of 30 applicable law, including Chapters 73, 74 and 166, Florida Statutes, by the assigned circuit court judge in the 18th Judicial Circuit in Miami-Dade County, Florida. 19.3 Should the City not be able to acquire title to the Site, the City shall have the right to terminate this Agreement, and DEVELOPER shall be compensated only for Work which it has performed pursuant to this Agreement subsequent to issuance of the Notice to Proceed and up to and including the date the City terminates this Agreement due to its inability to acquire the Site. For purposes of this section, "inability to acquire the Site" shall mean an adverse ruling by the assigned judge on the City's Petition for Eminent Domain, which the City shall proceed diligently to file in an expeditious manner, or the inability to acquire possession of the Site on or before April 30, 2002 unless such date is extended by mutual written agreement of the parties hereto. ARTICLE 20- SPECIFIC PERFORMANCE Each of the parties acknowledges that the parties will be irreparably damaged (and damages at law would be an inadequate remedy) if this Agreement is not specifically enforced. Therefore, in the event of a breach or threatened breach by any party of any provision of this Agreement, the other party shall be entitled, in addition to all other rights or remedies, to an injunction restraining such breach, without being required to show any actual damage or to post any bond or other security, and/or to a decree for specific performance of the provisions of this Agreement. ARTICLE 21- HAZARDOUS SUBSTANCES 21.1 The DEVELOPER agrees that it shall not transport to, use, generate, dispose of, or install at the Site any Hazardous Substance, (as defined in Section 22.4), except in accordance with applicable Environmental Laws. Further, in performing the Work, the DEVELOPER shall not cause any release of hazardous substances into, or contamination of, the environment, including the soil, the atmosphere, any water course or ground water, except in accordance with applicable Environmental Laws. In the event the DEVELOPER engages in any of the activities prohibited in this Section 22.1, to the fullest extent permitted by law, the DEVELOPER hereby indemnifies and holds harmless the CITY from and against any and all claims, damages, losses, causes of action, suits and liabilities of every kind, including but not limited to expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to or resulting from the activities prohibited in this Section 22.1. 21.2 In the event the DEVELOPER encounters on the Site any Hazardous Substance, or what the DEVELOPER reasonably believes to be a Hazardous Substance, and which is being introduced to the Work, or exists on the Site, in a manner violative of any applicable Environmental Laws, the DEVELOPER shall immediately stop work in the area affected and report the condition to the Manager in writing. The Work in the affected area shall not thereafter be resumed except by written authorization of the Manager if in fact a Hazardous Substance has been encountered and has not been rendered harmless. In the event the DEVELOPER fails to stop the 31 Work upon encountering a Hazardous Substance at the Site, to the fullest extent permitted by law, the DEVELOPER hereby indemnifies and holds harmless the CITY from and against all claims, damages, losses, causes of action, suits and liabilities of every kind, including, but not limited to, expenses of litigation, court costs, punitive damages and attorneys' fees, arising out of, incidental to, or resulting from the DEVELOPER's failure to stop the Work. 21.3 An extension of time shall be the DEVELOPER's sole remedy for any delay arising out of the encountering and/or rendering harmless of any Hazardous Substance at the Site. CITY and the DEVELOPER may enter into an agreement for the DEVELOPER to remediate and/or render harmless the Hazardous Substance, but the DEVELOPER shall not be required to remediate and/or render harmless the Hazardous Substance absent such agreement. DEVELOPER shall not be required to resume Work in any area affected by the Hazardous Substance until such time as the Hazardous Substance has been remediated and/or rendered harmless. 21.4 For purposes of this Agreement, the term "Hazardous Substance" shall mean and include, but shall not be limited to, any element, constituent, chemical, substance, compound, or mixture, which are defined in or included under or regulated by any local, state, or federal law, rule, ordinance, by-law, or regulation pertaining to environmental regulation, contamination, clean-up or disclosure, including, without limitation, The Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), The Resource Conservation and Recovery Act ("RCRA"), The Toxic Substances Control Act (''TSCA''), The Clean Water Act ("CWA"), The Clean Air Act ("CAA"), and The Marine Protection Research and Sanctuaries Act ("MPRSA"), The Occupational Safety and Health Act ("OSHA"), The Superfund Amendments and Reauthorization Act of 1986 ("SARA"), Chapters 161, 253, 373, 376 and 403, Florida Statutes, the rules and regulations of the Florida Department of Environmental Protection or other state superlien or environmental clean-up or disclosure statutes including all state and local counterparts of such laws (all such laws, rules and regulations being referred to collectively as "Environmental Laws"). It is the DEVELOPER's responsibility to comply with this Article 21 based on the law in effect at the time its services are rendered and to comply with any amendments to those laws for all services rendered after the effective date of any such amendments. 32 IN WITNESS WHEREOF, CITY and DEVELOPER have signed this Agreement in triplicate. One counterpart each has been delivered to CITY and DEVELOPER. ATTEST: CITY OF AVENTURA, FLORIDA Teresa M Soroka, CMC City Clerk Eric M Soroka, City Manager APPROVED AS TO FORM: City Attomey CHARTER SCHOOLHOUSE DEVELOPERS, INC. By: Joaquin C. Avino, PE, PLS Title PRESIDENT WITNESSES: Print Name Print Name ATTEST: SECRETARY 33 Exhibit "A" Scheduled of Values Architectural and Engineering $ 270,000 Subtotal - $ 270,000 Construction Costs General Conditions 679,000 Site Work 253,000 Concrete/Masonry 905,000 Metals 279,000 Woods and Plastics 280,000 Thermal Moisture 237,000 Doors and Windows 249,000 Finishes 669,000 Specialties 112,000 Conveying system 45,000 Mechanical 524,000 Electrical 573,000 Subtotal -Construction Costs 4,805,000 Total GMP $5,075,000 Development Costs - Charter Schoolhouse Developers 450,000 34