06-13-2002 Workshop enEU
City Commission
Workshop Meeting
June 13, 2002
9:30 A.M.
AGENDA
Charter School Management
Agreement*~2002 Financing Update
Hotel Definition*
Lobbyist Ordinance (Commissioner Cohen)*
Campaign Finance Ordinance*
(Commissioner Cohen)
Term Limits (Commissioner Cohen)
NE 188th Street Re-Zoning - Incentive
Package 2*
Proposed Town Center LDR Revisions*
Adjournment
* Back-up Information Exists
Next Meeting: July 18, 2002
2002/03 Budget Document
This meeting is open to the public. In accordance with the Americans with Disabilities Act of 1990, all persons
who are disabled and who need special accommodations to participate in this meeting because of that
disability should contact the Office of the City Clerk, 305-466-8901, not later than two days prior to such
proceeding.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
City CommissiOrcJ~
Eric M Soroka,
June 6, 2002
Resolution Authorizing Execution of Management Agreement for the
Aventura Charter Elementary School
July 2, 2001 City Commission Meeting Agenda Item
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the
Management Agreement for the Aventura Charter Elementary School between the City
and Charter Schools USA, Inc.
BACKGROUND
Resolution No. 2001-50 selected the firm of Charter Schools USA, Inc., in association
with Charter Schoolhouse Developers, Inc., to design, build, operate and maintain a
charter elementary school and authorized the City Manager to negotiate the terms and
fees for said services. On October 2, 2002 the City Commission authorized the
execution of the Planning Agreement for start-up services. That Planning Agreement
expires on June 30, 2003, and will be replaced by the Management Agreement on July
1, 2003, to operate the school once it opens.
Attached is the Management Agreement (Agreement) that has been negotiated with
Charter Schools USA, Inc. (CSUSA). The Agreement provides for operating
requirements, including the following components:
· Education Management - Curriculum, Accountability, Testing and Sustainable
Performance; Parent Activities; and Extracurricular Program/Activities
· Development and Operations Management - Public Relations; Contract
Administration; Cafeteria Management and Food Service; Transportation;
Student Recruitment, Registration and Enrollment; Staff Recruitment; State,
Local and School Board Compliance; Annual Report and School Improvement
Plan; and Records Retention; Public Records and Insurance.
Memo to City Commission
Page 2
· Financial Management - Annual Budget; Fund Raising Activities; Grants;
Accounting, Budgeting & Financial Reporting; Audits; and Monthly Progress
Reports.
· Facilities Management
· Human Resources Management - Administrator and Teacher Evaluation and
Assessment; Training and Professional Development; Personnel Administration,
Employee Benefits, and Personnel Policies and Procedures; and Payroll
Administration
· Technology Management
The Agreement is for a five (5) year period. It is an extensive Agreement that
incorporates the requirements contained in the RFP and the response documents.
Importantly, the Agreement emphasizes performance criteria. In fact, a portion of the
management fee is performance based and failure to obtain any one of the
performance criteria outlined in Section 5.7 of the document is cause for the City to
terminate the Agreement. The Agreement has been reviewed by the City Attorney's
office and Kathi Wilbur of Creative Land Development Services.
The major points of the Agreement are as follows:
1. The documents filed in response to RFP #01-06-01-02, the approved Charter
School Application and the Charter School Contract have been incorporated
in the documents.
2. Expires on June 30, 2008.
3. Establishes minimum performance criteria, that are summarized in Table I,
attached hereto.
3. Requires monthly written progress reports and financial statements.
4. Based on input from CSUSA, the City will be responsible for purchasing the
furniture, fixtures, equipment, books and supplies for the school.
5. The principal will be hired by the City in concurrence .with CSUSA and
remain on the City's payroll but will be accountable to CSUSA.
6. All other school employees will be provided by and be employees of CSUSA.
7. The original RFP outlined a 14% management fee. Based on our
negotiations with CSUSA, we have developed a fee structure that includes a
base fee and additional fees that can be earned for meeting certain goals
and performance criteria. The Base Fee for year 1 is 13%, years 2 and 3 is
11%, and years 4 and 5 is 10%. In addition, based on incentives and
provided that all performance criteria outlined in Section 5.7 are met,
additional fees can be earned. The following chart indicates how the fee
structure contained in the Agreement will be implemented:
Memo to City Commission
Page 3
Management Fee Structure
YEAR 1 2 3 4 5
Base Fee 13% 11% 11% 10% 10%
Incentive Fee:
Parent Survey - Students feel 0.5% 0.5% 0.5% 0.5% 0.5%
safe; 80%-Yr. 1; 90%-Yr. 2+
Parent Survey -Student will re* 0.5% 0.5% 0.5% 0.5% 0.5%
enroll; 80%-Yr. 1; 90%-Yr. 2+
Florida A+ Plan rating = 'A" 0 1% 1% 1% 1%
5 point gain - Reading. 0 0.5% 0.5% 0.5% 0.5%
10 point gain - Math 0 0.5% 0.5% 0.5% 0.5%
Max. Mgret. Fee 14% 14% 14% 13% 13%
The following outlines other incentives that CSUSA may earn:
· Ten percent (10%) of all revenues received from sources other than the
County, State or Federal funds normally associated with the operation
and development of a school and that are directly attributable to
CSUSA's efforts.
· In any year that a land reimbursement payment exceeds the land
reimbursement payment specified for that same year in the Management
Agreement Documents, then an amount equal to five percent (5%) of this
excess shall be payable to CSUSA.
8. All employment agreements provide for the immediate assignability to the
City in the event the Agreement is terminated.
9. Provides for default provisions.
10. May be terminated with or without cause.
The Agreement may be terminated with cause or for non-performance for the
following reasons:
a. Failure for CSUSA to account for its expenditures or to pay operating
costs; failure to follow the policies, procedures, rules, regulations or
curriculum as adopted by CSUSA.
b. The failure to obtain any one of the performance criteria in Section 5.7
of the Agreement, shall be cause for the City to terminate the
Agreement with cause, unless CSUSA, within thirty (30) days from
receipt of written notice from the City, presents and agrees to
implement an action plan, acceptable to the City Manager, detailing
the actions to be taken by CSUSA to raise the performance level to
Memo to City Commission
Page 4
acceptable standards, provided however that the revocation of the
Charter by the Chartering Entity, shall be cause for the City to
terminate with cause, without providing CSUSA an opportunity to cure.
The Agreement may be terminated without cause for the following reasons:
a. Changes in Federal, State of local law policy, rule or appropriations
which would materially impact the ability to design, build, operate or
maintain the Charter School in conformance with the Management
Agreement Documents. Such changes could include, but not be
limited to, a charter school capital outlay funds appropriation that does
not provide for the Charter School to receive funding substantially in
accordance with the Management Agreement Documents, or a
modification that would substantially impact the ability to limit the
enrollment process to target the children of the City.
b. By the City, at any time and for any reason or no reason, upon six (6)
months days advance written notice.
11. Establishes the requirements and procedures for the transfer of functions and
documents from CSUSA in the event the Agreement is terminated.
12. Addresses the issue of proprietary information.
13. Incorporates City charter language, whereby because the school is treated
as a City department, neither the City Commission nor its members shall give
orders to CSUSA, its employees or employees of the City Charter School
Department, either publicly or privately. Recommendations for improvements
in Charter School operations by Commissioners shall be made solely to and
through the City Manager.
14. Provides for the subordination of a portion of fees to the operating expenses
and the debt service on the debt incurred by the City for the acquisition,
design, construction, and development of the Charter School Facility, in any
year where there is a shortfall in total revenues (operating and capital
outlay), unless an amended balanced budget based on the reduced
revenues and in substantial conformance with the terms and conditions of the
Agreement, can be prepared by CSUSA.
I want to take this opportunity to thank Kathi Wilbur and CSUSA for providing valuable
assistance in the preparation of this innovative document that provides a strong
foundation for the operations of the new charter elementary school.
If you have any questions, please feel free to contact me.
EMS~ca
Memo to City Commission
Page 5
Attachment
CC01085~02
Memo to City Commission
Page 6
Table 1
Performance Criteria
Education Mana,qement.
1. For the first year of operation, the Charter School shall attain the following:
a) Reading - 70% of student test scores will improve by ten (10)
percentage points on the Comprehensive Test of Basic Skills (CTBS).
b) Reading - 70% of student test scores will improve by ten (10)
percentage points on the CTBS or norm-referenced/criterion-referenced test
administered by the Charter School over the first test administration in the fall of year 1.
c) Reading - Students in grades 3 - 5 will gain a year's growth in a years
time as measured by CSUSA's criterion referenced tests, teacher made assessments
and student portfolios.
d) Mathematics - The average test score by grade will improve by ten
(10) percentage points on the CTBS or norm-referenced/criterion -referenced test over
the first administration of the test.
e) Mathematics - Students in grades 3 - 5 will gain a year's growth in a
years time as measured by CSUSA's criterion referenced tests, teacher made
assessments and student portfolios.
2. For each year of operation, the Charter School shall attain the following:
a) 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 (PLP) that is the compendium of parent, student and
teacher conferences. Each PLP will establish academic goals for each individual
student in relation to his/her performance and progress.
b) The median percentile by each grade level for the Reading and
Mathematics subtests of the State or Chartering Entity-required norm-referenced test
shall be no lower than three (3) percentile points below those median percentiles
achieved by the Miami-Dade County Public Schools that the students of the CITY
would otherwise attend based on established attendance boundaries (currently,
Highland Oaks and Ojus Elementaries). This section will be automatically amended on
an annual basis to include additional subtests required by the State or Chartering
Entity-required norm-referenced tests, if any.
c) Beginning in Year 2, the State of Florida A+ Plan Grade shall be no
lower than a "B".
Memo to City Commission
Page 7
d) Meet the requirements delineated in Florida State Board of Education
Administrative Rule 6A-1.09981, Implementation of Florida's System of School
Improvement and Accountability, as may be amended from time to time.
Development and Operations Mana.qement.
1. The number of enrolled students shall be 95% of the number of students allowed
under the Charter.
2. The year-to-year student retention rate shall be 80% from the 2003-04 school year
to the 2004-05 school year, 85% from the 2004-05 school year to the 2005-06 school
year, and 90% for each year-to-year period thereafter. The year-to-year student
retention rate shall be determined by expressing the number of students who were
enrolled in the Charter School at both the beginning of the earlier school year and at
the beginning of the subsequent school year as a percentage of the number of students
who were enrolled in the Charter School at the beginning of the earlier school year. For
purposes of retention rate calculation, a student shall not be included in either the
earlier or subsequent enrollment counts if he/she has left the school for non-causal
reasons, as determined by an exit survey. Non-causal reasons shall be: a change of
residence, change in transportation requirements, articulation beyond the fifth grade,
repeated discipline issues or expulsion. The exit survey to be used shall be approved
by the City Manager.
3. The percentage of parents who on the Parent Survey agree or strongly agree to the
statement that "1 would recommend the Charter School to a friend" is 80% in year 1 and
90% each year thereafter.
Financial ManaRement.
1. The Charter School Annual Budget is substantially in conformance with the
Management Agreement Documents. The proposed Charter School Annual Budget
shall specifically include an amount to be reimbursed to the CITY for the cost of the
Site that is no less than the amount identified in the Management Agreement
Documents, and shall maintain the amount of Total Salaries and/or Total Salaries as a
percent of Total Revenues substantially in accordance with the Management
Agreement Documents.
2. CSUSA shall operate the Charter School within the Charter School Annual Budget,
as approved by the Aventura City Commission.
3. The Charter School shall complete the year with no deficits.
Memo to City Commission
Page 8
4. The audits required by State Law and the Charter shall indicate that the financial
statements are presented fairly and that tests of compliance with laws and regulations
and consideration of the internal control over financial reporting disclose no instances
of non-compliance, nor any material weaknesses.
Facilities Mana,qernent.
1. Subject to the terms and conditions of any Charter School Maintenance Agreement,
the percentage of parents who on the Parent Survey agree or strongly agree to the
statement "The school buildings and grounds are clean and well maintained" is 90%.
Human Resources Management.
1. The amount paid for Total Salaries and/or Total Salaries as a percent of Total
Revenues shall be substantially in accordance with the Management Agreement
Documents.
2. Class size and student/classroom teacher ratios shall be maintained throughout the
school year at 20:1 for Kindergarten and 25:1 for Grades 1 through 5. Any vacancy in a
classroom teacher position that results in an increase to the student/classroom teacher
ratio shall be filled with a permanent qualified teacher as soon as possible, provided
however, that no such vacancy shall remain unfilled by a permanent qualified teacher
for more than four weeks from the date of the vacancy, unless authorized by the City
Manager, unless the lack of such authorization would contradict applicable local, state
or federal law.
3. CSUSA shall make every reasonable effort to insure that the experience level of the
Charter School's instructional staff shall be substantially distributed such that at least
1/3 are categorized as "Veterans" (teachers with more than 7 years of teaching
experience) and at least 2/3 are categorized as "Veteran" or "Mid-Level" (Teachers with
three to seven years of teaching experience). In determining experience levels,
advance degrees and other relevant work experience may be considered. If the
experience levels of the Charter School's instructional staff are not substantially in
compliance with this section, CSUSA shall provide reasonable documentation and
information to the City Manager detailing the recruiting efforts that were made to attract
experienced instructional staff, explanations and/or special circumstances and actions
planned to achieve substantial compliance with this section.
4. Beginning in the third year, the year-to-year retention rates for permanent staff and
for classroom teachers, excluding staff or teachers dismissed for cause and as adjusted
for mobility, shall be 80%.
MANAGEMENT AGREEMENT
among
CHARTER SCHOOLS USA, INC.,
and
CHARTER SCHOOLS USA AT AVENTURA, L.C.,
and
CITY OF AVENTURA
for the
AVENTURA CHARTER ELEMENTARY SCHOOL
TABLE OF CONTENTS
1. Recitals
2. Definitions
3. Term
4. Charter School
5. Services to be provided by CSUSA
6. Responsibilities of the City
7. Cooperation
8. Additional Mutual Obligations
9. Charter Schools Funding Resources
10. Management and Incentive Fees
11. Insurance
12. Indemnification
13. Default
14. Termination of this Agreement
15. Transfer of Functions Upon Termination
16. Entire Agreement
17. Assignments
18. Further Assurances
19. Relationship of Parties
20. Interpretations
21. Time of the Essence
22. Binding Effect
23. Notices
24. Headings
25. Severability
26. Waivers
27. Outside Business
28. Third Parties
29. Jurisdiction and Venue
30. Enforcement Costs
31. Remedies Cumulative
32. Contracts and Subcontracts
33. Counterparts
34. Governing Law
35. Proprietary Information
36, Sale or Transfer of interest in CSUSA
37. Additional Audits
38. Police/Regulatory Powers
3
3
4
4
4
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21
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22
22
25
25
26
27
28
29
29
29
30
30
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MANAGEMENT AGREEMENT FORTHE AVENTURA
ELEMENTARY CHARTERSCHOOL
THIS MANAGEMENT AGREEMENT (the "Agreement") is made and entered into as
of the day of ,2002, by and among CHARTER SCHOOLS USA, INC., a
Delaware corporation; CHARTER SCHOOLS USA AT AVENTURA, L.C., a Florida limited
liability company (collectively ~CSUSA~); and CITY OF AVENTURA (~CITY"), a Florida
municipal corporation.
WITN ESSETH:
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 the "Site"; and
WHEREAS, after extensive review of the submittal by City staff, staff recommended
that CSUSA 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 "Charter School"; and
WHEREAS, CSUSA has associated with Charter Schoolhouse Developers, Inc.
(hereinafter referred to as "DEVELOPER"), for the design, construction and development
of the Charter School Site and Facility, hereinafter referred to as "Facility"; and
WHEREAS, at the July 3, 2001, City Commission meeting, the Commission
approved a Resolution selecting the firm of CSUSA in association with the DEVELOPER,
to design, build, operate and maintain a Charter Elementary School for the CITY and
authorized the City Manager to negotiate the terms and fees and finalize agreements
necessary to implement said Resolution; and
WHEREAS, the CITY has entered into the 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 (hereinafter
referred to as "Development Agreement"), and the PLANNING AGREEMENT among
CHARTER SCHOOLS USA, INC., and CHARTER SCHOOLS USA AT AVENTURA, L.C.,
and CITY OF AVENTURA for the AVENTURA CHARTER ELEMENTARY SCHOOL
(hereinafter referred to as "Planning Agreement") to assist in the acquisition of the Charter
and to plan, design and develop the Charter School; and
WHEREAS, it is in the best interests of the CITY to enter into a Management
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Agreement (hereinafter referred to as "Agreement") with CSUSA, to develop, organize,
manage, staff, operate and maintain the Charter School upon the termination of the
Planning Agreement; now, therefore,
IN CONSIDERATION of the mutual covenants and undertakings and other good
and valuable consideration the receipt and sufficiency of which is hereby acknowledged,
the parties do mutually covenant and agree as follows:
1. Recitals. The recitals set forth above are true and correct and are
incorporated herein by reference. All exhibits to this Agreement are hereby deemed to be
a part hereof.
2. Definitions. Wherever used in this Agreement, the following terms have
the meanings indicated which are applicable to both the singular and plural thereof:
2.1 Agreement - The written agreement between CITY and CSUSA
covering the Services to be performed, including the Management Agreement Documents,
as hereinafter defined, and that are attached to this Agreement or made a part thereof.
2.2 CITY - The City of Aventura with whom CSUSA has entered into the
Agreement and for whom the Services are to be provided.
2.3 City Manaaer - The City Manager or his designee (hereinafter
referred to as" City Manager") of the City of Aventura, who has the authority on behalf of
the CITY to grant or deny approvals and perform the CITY's responsibilities required by this
Agreement.
2.4 Management A.qreement Documents - The Management Agreement
Documents consist of the Certificate(s) of Insurance, all applicable provisions of State,
Federal, Chartering Entity or local laws, ordinances, regulations, rules or policies
(incorporated herein by reference), including the State Uniform Building Code for Public
Educational Facilities Construction and the State Requirements for Educational Facilities
(hereinafter referred to as "SREF"), as incorporated into the Florida Building Code,
including Chapter 423; the RFP Response (as hereinafter defined), the Charter School
Application for the Charter School as approved by The School Board of Miami-Dade
County, Florida (hereinafter referred to as "Chartering Entity") on December 12, 2001
(hereinafter referred to as "Charter Application"), the Charter School Contract (hereinafter
referred to as "Charter") approved by the Chartering Entity on April 17, 2002 and any
additional documents which are required to be submitted under this Agreement, and all
amendments, modifications and supplements issued or to take effect on or after the
Effective Date of the Agreement.
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2.5 cSUSA - Where CSUSA is indicated as the responsible party to
perform an obligation pursuant to this Agreement, the parties acknowledge and agree that
Charter Schools USA, Inc. and Charter Schools USA at Aventura, L.C. shall have joint and
several liability and responsibility to perform such obligation.
2.6 Effective Date of the Aqreement - The effective date of this
Agreement shall be July 1, 2003, provided however, that this Agreement shall not become
effective:
2.6.1 Until the execution of the Charter with the Chartering Entity, or
2.6.2 If the Planning Agreement is terminated pursuant to Planning
Agreement Sections 15.1, 15.2.3, 15.2.5, or 15.2.6.
2.7 Services - Those activities that must be performed to organize,
manage, staff, operate and maintain the Charter School as set forth in this Agreement.
2.8 RFP Response - The June 1, 2001 submittal by Charter Schools
USA, Inc. in association with DEVELOPER in response to RFP #01-06-01-2 to design,
build, operate and maintain a Charter Elementary School for the City of Aventura, which is
hereinafter incorporated by reference, and as further represented or clarified by Charter
Schools USA, Inc. to the CITY during the selection process.
2.9 Written Amendment - A written amendment of the Agreement and/or
the Management Agreement Documents, signed by CITY and CSUSA to take effect on or
after the Effective Date of the Agreement.
3. Term. The CITY agrees to contract with CSUSA, and CSUSA agrees to be
contracted with, for the purpose of providing the Services, including the organization,
management, staffing, operation and maintenance of the Charter School in accordance
with the terms of this Agreement. The term of this Agreement shall commence as of the
Effective Date of this Agreement and shall terminate on June 30, 2008, unless terminated
earlier pursuant to the provisions of this Agreement, subject to any further obligations
(including payment obligations) of the parties that survive termination.
4. Charter School. The Charter School shall be an elementary school
commencing in the 2003-2004 school year. CSUSA shall operate the Charter School in
accordance with the Charter, and all applicable laws, ordinances, rules and regulations.
6. Services To Be Provided By CSUSA. CSUSA's fees hereunder shall
compensate it for the performance of the Services for the organization, management,
staffing, operation, administration, maintenance and reporting of the Charter School. Any
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funds required or expenditures to be made by CSUSA in the performance of these
responsibilities shall be substantially in conformance with the Management Agreement
Documents and the approved Charter School Annual Budget (as hereinafter defined). It is
the specific intent of the parties that the costs associated with CSUSA's management
responsibilities (and fees), shall not be shifted from CSUSA into the Charter School's
operating budget. Responsibilities of CSUSA shall include, but are not limited to, the
following areas:
5.1 Education Mana.qement.
5.1.1 Curriculum, Accountability and Testin.q and Sustainable
Performance. CSUSA shall:
5.1.1.1 Plan, implement, and oversee a curriculum for the
Charter School that incorporates the performance-based Florida Sunshine State
Standards and complies with the Management Agreement Documents.
5.1.1.2 Provide for appropriate programs for Exceptional
Student Education (ESE) students and Limited English Proficient (LEP) students,
implemented in accordance with federal and state laws, local policies and procedures, and
the Management Agreement Documents.
5.1.1.3 Administer all standard tests to the students that are
required by law, Chartering Entity policy and the Management Agreement Documents.
CSUSA shall ensure that students at the Charter School participate in all assessment
programs in which the Chartering Entity's students in comparable grades/schools
participate.
5.1.1.4 Administer all required tests in a timely fashion
consistent with the State's and Chartering Entity's testing schedule and in conformance
with the State's and Chartering Entity's policies and procedures related to test security and
test administration. CSUSA shall ensure that the Charter School's testing administrator
attends all test administration training sessions provided by the Chartering Entity and shall
follow all Florida Department of Education Testing Guidelines specified in the Test
Administration Manuals, as well as, the District Standards for Test Administration and
Security.
5.1.1.5 Evaluate the Charter School's success in achieving the
objectives stated in the Management Agreement Documents and the School Improvement
Plan on at least an annual basis.
5.1.1.6 Be responsible for the Charter School's compliance with
the requirements delineated in Florida State Board of Education Administrative Rule 6A-
6/7/02
5
1.09981, Imp/ementation of Florida's System of School Improvement and Accountability, as
may be amended from time to time.
$.1.1.7 Ensure that the Charter School's program is consistent
with the state education goals established by Florida Statute 229.591 (3).
$.1.1.8 Make every reasonable effort to ensure that student
performance increases from year to year, assess the possible reasons for such
performance and take all reasonable steps to enable the students to continually progress
and improve their academic performance. CSUSA shall be required to meet or exceed all
performance criteria as set forth in the Management Agreement Documents and perform to
the satisfaction of the CITY, as herein after defined in Section 5.7.
5.1.2 Parent Activities.
5.1.2.1 Through the Charter School, CSUSA shall coordinate
and oversee all organized parental involvement. In addition, CSUSA shall establish and
work with the approved School Advisory Board and any parent-teacher organization to be
established for the purposes of furthering the goals of the Charter School. CSUSA shall
provide assistance in the establishment and coordination of parent, teacher and student
organizations.
5.1.2.2. A Parent Survey substantially similar to that attached
as Exhibit "A' shall be conducted in the spring of each year.
5.1.3 Extracurricular Proqram/Activities. On an annual basis and
after consultation and review with the CITY, CSUSA shall determine the extracurricular
programs/activities that will be offered at the Charter School for the subsequent school
year, and shall include any anticipated revenues and costs associated with such
extracurricular program/activities in the Charter School Annual Budget. Said
extracurricular programs/activities shall include, but are not limited to, before and after
school programs/activities at the Charter School, unless otherwise determined by the
CITY. The fees charged for such extracurricular programs/activities shall be approved by
the City Manager and be customary and consistent with local practice and applicable law.
Funds collected for such extracurricular programs/activities shall be segregated in a
separate Charter School account until CSUSA provides the CITY with all necessary and
appropriate documentation supporting the funds collected and costs incurred. Funds
collected that are in excess of the costs incurred for such extracurricular
programs/activities shall be shared equally between CSUSA and the Charter School.
5.1.4 Summer School. After consultation and review with the CITY
and in the event that the Chartering Entity agrees to implement and fund a summer school
program at the Charter School, CSUSA shall coordinate, manage, staff and operate the
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summer school program. CSUSA shall prepare and submit to the CITY a Charter School
Summer Budget, that shall be reviewed and modified, as necessary, by the City Manager
and be approved by the Aventura City Commission in accordance with Section 5.3.1.
Funds received for the summer school program shall not be included for the purposes of
calculating or determining the base Management Fee or Incentive Fees delineated in
Section 10. CSUSA shall be entitled to a separate Summer School Management Fee for
the performance of its summer school responsibilities in an amount equal to 8.5% of
summer school revenues. The Summer School Management Fee shall be subordinate to
the operating expenses incurred by the Charter School for the summer school program.
CSUSA shall implement, manage, staff and operate any summer school program in
accordance with the Management Agreement Documents.
5.2 Development and Operations Mana.qement.
5.2.1 Public Relations. CSUSA shall coordinate, cooperate and
work with the City Manager's Office as to all official public relations for the Charter School
including, without limitation, community outreach, press releases and media relations. All
media relations initiated by CSUSA, including press releases, shall require the prior written
approval of the City Manager. Press releases shall contain the name of the CITY and its
seal as designated by the City Manager. Where media contact to CSUSA is not initiated by
CSUSA, CSUSA shall notify the City Manager.
5.2.2 Contracted Services and Contract Administration.
5.2.2.1 Contract Administration. CSUSA shall
coordinate, negotiate and administer those contracts for necessary uses or services to be
performed or provided by third parties or the CITY and which must be entered into by the
Charter School during the term of this Agreement to ensure the efficient operation of the
Charter School. Said agreement and services shall comply with all federal, State, local and
School Board laws, ordinances, 'rules and regulations, if applicable.
5.2.2.2 Cafeteria Management and Food Service. In
accordance with the Management Agreement Documents, CSUSA shall be responsible for
contracting with public or private entities or individuals for the provision of food service and
shall provide management services for the Charter School's cafeteria which enables the
Charter School to comply with all federal, state, and Chartering Entity, laws, ordinances,
rules, and regulations and the Charter regarding the provision of food service to ail
students attending the Charter School. The costs associated with such service shall be
included in the approved Charter School Annual Budget and paid for from the Charter
School Fund. The City shall serve as the food service Sponsor as defined by the Florida
Department of Education (DOE) for the purpose of filing an application with the DOE to
participate in the National School Lunch Program (NSLP). Once approved, the Sponsor
shall ensure that all federal guidelines and procedures are followed with regard to the
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administration of NSLP as outlined by the United States Department of Agriculture and
DOE. The Sponsor shall appoint a designee to be responsible for maintaining student
applications and processing monthly reimbursements through the DOE. CSUSA shall
assist in the preparation of the NSLP application and distribution of student applications.
CSUS^ shall assist the Sponsor in the collection of data to be provided in accordance with
NSLP policy and procedure.
5.2.2.3 Transportation. CSUSA shall be responsible for
contracting with public or private entities or individuals for the provision of transportation,
in accordance with the Management Agreement Documents. The costs associated with
such services shall be included in the approved Charter School Annual Budget and paid
for from the Charter School Fund.
5.2.3 Student Recruitment, Registration and Enrollment.
5.2.3.1 CSUSA shall conduct marketing, public relations and
recruitment efforts throughout the CITY in order to attract a sufficient pool of applicants to
achieve and maintain the targeted student population of the Charter School. Such efforts
will include informational meetings to inform interested parents of the mission of the
Charter School, the registration process and required contractual obligations.
5.2.3.2 CSUSA shall ensure that the Charter School's
enrollment and registration processes are in compliance with Florida Statutes and the
Management Agreement Documents. As permitted by Florida Statute, CSUSA will give
preference to children of CITY residents.
5.2.4 Staff Recruitment. CSUSA shall conduct marketing, public
relations and recruitment efforts to target well-qualified and enthusiastic administrative
personnel, teachers and staff in order to attract and employ sufficient Charter School
personnel to maintain staffing and experience levels, class sizes and student/classroom
teacher ratios in accordance with the Management Agreement Documents.
5.2.5 State, Local and School Board Compliance.
5.2.5.1 Coordination with the Charterinq Entity.
CSUSA shall be responsible for coordinating any and all activities of the Charter School
with the requirements of the Chartering Entity and for complying with all reasonable
requests of the Chartering Entity regarding the Charter School.
5.2.5.2 Compliance with Applicable Law. CSUSA
acknowledges that the CITY is entering into this Agreement based, in part, on CSUSA's
expertise in the business of developing, organizing, managing, staffing, operating and
maintaining charter schools in the State of Florida and with the Chartering Entity. CSUSA
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shall be responsible for ensuring that the Charter School complies with all applicable laws,
ordinances, rules and regulations. The CITY agrees to negotiate in good faith with CSUSA
and pay such additional sums as are necessary to enable the Charter School to comply
with applicable laws, ordinances, rules and regulations which are enacted subsequent to
the Effective Date of this Agreement, unless however, the CITY elects to terminate this
Agreement pursuant to Section 14.
5.2.6 Annual Report and School Improvement Plan.
5.2.6.1 CSUSA shall prepare and submit an annual report to
the CITY by August 5th of each year. The annual report shall include the following
sections:
(a) Section I shall be those components of the Annual Report
required by Florida Law and the Charter and shall include, but shall not be limited to,
pertinent financial reports; performance reports, including the Charter School's progress
toward achieving the goals outlined in the Charter; information required in the annual
school report pursuant to Section 229.592( 1 ), F.S.; fi nancial records of the Charter School,
including revenues and expenditures; salary and benefit levels of the Charter School's
employees; recap of previous school year and plans and projections for the upcoming
school year and shall be in accordance with the Charter, and
(b) Section 2 shall include, but shall not be limited to, the
additional reports and information required by this Management Agreement, as may be
amended from time to time, including, but not limited to the documentation, information and
reports (including measurement methodology and assumptions), necessary to determine
the Charter School's compliance with the minimum performance criteria pursuant to
Section 5.7 and CSUSA's eligibility for Incentive Fees pursuant to Section 10.2.
Upon approval of the Annual Report by the Aventura City Commission, CSUSA shall
ensure that Section 1 is submitted to the Chartering Entity in a timely manner consistent
with the Charter.
5.2.6.2 Each year, at least three weeks prior to the due date
established by the Chartering Entity (currently the 3rd Monday in September), CSUSA shall
provide the City Manager with a School Improvement Plan, in accordance with the
Management Agreement Documents, that will contain the measurable objectives that will
be pursued by the Charter School during that school year. The measurable objectives
specified in the School Improvement Plan shall be substantially as indicated in the
Management Agreement Documents unless otherwise authorized by the CITY. CSUSA
shall ensure that the School Improvement Plan is submitted to the Chartering Entity in a
timely manner consistent with the Charter.
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5.2.7 Records Retention; Public Records.
5.2.7.1 CSUSA shall provide, protect, preserve, transfer and
maintain both active and archival records for current/former students in accordance with
Florida Statutes and the provisions of the Charter.
5.2.7.2 CSUSA shall provide, protect, preserve, and maintain all
books, records and related documents of or affecting the Charter School that are not
proprietary to CSUSA (the "Public Records"), pursuant to the provisions of the Charter and
Chapter 119, F.S. as amended from time to time.
5.2.7.3 In the event of termination of this Agreement, CSUSA
shall, pursuant to Section 15, deliver any and all Public Records in its possession to the
CITY within thirty (30) calendar days of such termination.
5.2.8 Insurance. CSUSA shall ensure that the Charter School
complies with all insurance requirements set forth in this Agreement, the Management
Agreement Documents and those required by the Chartering Entity. The costs associated
with such insurance shall be included in the approved Charter School Annual Budget and
paid for from the Charter School Fund; provided, however, that CSUSA's corporate
insurance requirements as outlined in Section 11 of this Agreement herein, shall be
separate and distinct from the insurance requirements of the Charter School.
5.3 Financial ManaRement.
5.3.1 Annual Budget. CSUSA shall prepare and submit to the
CITY a detailed annual budget (on a modified cash basis) (the "Charter School Annual
Budget") by May 1, of each year. The budgets shall be substantially in accordance with the
Management Agreement Documents and shall include, as appropriate, the total number of
student stations for the coming academic year, all capital purchase requests, debt
repayments and/or cash loans required, operating revenues and operating expenditures
for the respective school year. The proposed Charter School Annual Budget shall
specifically include an amount to be reimbursed to the CITY for the cost of the Site that is
no less than the amounts identified in the Management Agreement Documents. Further,
the proposed Charter School Annual Budget shall maintain the amount of Total Salaries
and/or Total Salaries as a percent of Total Revenues substantially in accordance with the
Management Agreement Documents.
The Charter School Annual Budget shall be reviewed and modified, as necessary, by the
City Manager. The parties shall work cooperatively together on any and all budgetary
matters and issues prior to the submission of the proposed budget to the Aventura City
Commission. The parties agree that it is the intent of this provision that they jointly
prepare and submit a balanced budget and that any and all budgetary issues and matters
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be resolved between CSUSA and the City Manager prior to the Aventura City
Commission's review and consideration of same.
The final agreed proposed Charter School Annual Budget shall be
submitted to the Aventura City Commission for approval no later than May 15 of each
year. CSUSA is responsible for and shall maintain a balanced financial budget at all times
during the term of this Agreement. CSUSA shall ensure that the Charter School Annual
Budget is submitted to the Chartering Entity in a timely manner consistent with the Charter.
CSUSA shall operate within its approved Charter School Annual Budget, as approved by
the Aventura City Commission. Budget amendments shall be processed in accordance
with current CITY procedures in conjunction with the City Manager. The City Manager shall
have final approval to forward any budget amendments to the City Commission.
5.3.2 Fund RaisinR Activities. CSUSA shall be responsible for fund
raising activities on behalf of the Charter School, during the term of this Agreement, and
CSUSA and the CITY shall coordinate and cooperate with such fund raising efforts.
5.3.3 Grants During the term of this Agreement, CSUSA shall
actively and aggressively pursue grants and other funding sources and resources subject
to the approval of the City Manager for the application of same. For purposes of this
section "grants and other funding sources and resources" shall be defined as funds,
services or supplies procured by CSUSA other than FTE, PECO, or other County, State or
Federal funds that are normally associated with the operation and development of a
charter school. Notwithstanding the above, CSUSA shall be responsible for preparing not
less than two (2) grant applications per calendar year during the term of this Agreement.
The CITY and/or CSUSA, with mutual agreement, may apply for and receive grant money
in the name of the other party.
5.3.4 Accountint:h Bud,qefinq & Financial Reportin,q. CSUSA shall
perform all accounting, financial management, and reporting functions for the Charter
School as required under the Charter and in accordance with Generally Accepted
Accounting Principles including, without limitation, approving and paying all approved
costs of the Charter School, making deposits related to the Charter School, recording
amounts due to the Charter School and recording accounts payable. CSUSA shall be
responsible for ensuring that the Charter School's accounting records and procedures
clearly establish for each asset whether it was purchased with public funds (other than
CITY funds) or non-public funds, so that only the appropriate assets will revert to the
ownership of the Chartering Entity in the event the Charter is not renewed or is terminated.
CSUSA shall not commingle its corporate funds with the funds of the Charter School.
CSUSA shall prepare and submit to the CITY monthly financial statements for the Charter
School within twenty (20) days after the end of the preceding month. These monthly
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financial statements shall include a balance sheet and a statement of revenues and
expenditures and changes in fund balance reflecting the Charter School's monthly and
year-to-date activity for both budget and actual activity. CSUSA shall ensure that quarterly
financial statements are submitted to the Chartering Entity in a timely manner and in
accordance with the Charter.
CSUSA shall additionally ensure the preparation of an annual financial report as of June
30~" of each year. These reports shall include a complete set of annual financial
statements and notes thereto, prepared in accordance with Generally Accepted
Accounting principles and as required by the Charter. CSUSA shall ensure that the
required annual financial statements are prepared in a timely manner and shall provide the
Unaudited Statements to the City Manager no later than August 5th of each year and the
Audited Statements no later than September 1" of each year. Additionally, a cumulative
listing of tangible personal property, fixtures and improvements of a non-consumable
nature purchased with public funds as defined in the Charter, shall be submitted yearly
with the annual audited financial statements. Upon authorization of the City Manager for
the Unaudited Statements and authorization of the Aventura City Commission for the
Audited Statements, CSUSA shall ensure that the Unaudited and Audited Statements are
submitted to the Chartering Entity in a timely manner consistent with the Charter.
5.$.5 Audits. CSUSA shall accommodate all required audits of the
Charter School and shall ensure the availability of office space, telephone and copying
equipment, and access to all school records and source documents. The cost of audits
required by State Law and the Charter shall be included in the approved Charter School
Annual Budget and paid from the Charter School Fund.
CSUSA shall ensure that required audits are performed in accordance with the Charter
and provided to the City Manager in a timely manner no later than September l't of each
year. Upon authorization of the Aventura City Commission, CSUSA shall ensure that the
annual audit is submitted to the Chartering Entity in a timely manner consistent with the
Charter.
5.3.6 Monthly Pro.qress Reports CSUSA shall submit monthly
written reports, in a form substantially as indicated in Exhibit "B", detailing the progress
and achievements of the Charter School for the prior month to the City Manager. These
progress reports shall be transmitted with the monthly financial statements.
5.4 Facilities Manafiement.
5.4.1 The parties acknowledge that the CITY is currently constructing
a Community Recreation Center (the "Center"), on property adjacent to the Site. This
Center will include a gymnasium that will be available for use by the Charter School. It is
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the intent of the parties to enter into a separate Shared Use Agreement that will specify the
respective rights and responsibilities of the parties for the Charter School's use of the
Center and the CITY's use of the Facility.
5.5 Human Resource ManaRement.
5.5.1 Payroll Administration. CSUSA shall prepare, maintain,
administer, and report all payroll of CSUSA's employees hired to work at the Charter
School, including, without limitation, processing and issuing all checks, maintaining all
reports and payroll records and filing all necessary forms and returns, including worker's
compensation compliance, unemployment insurance compliance, withholding and social
security taxes and all tax and other forms relating to employment as may be required by
any federal, state or municipal authority during the term of this Agreement. All payroll and
other financial or operational records for the Charter School shall be segregated and
separated from all other CSUSA payroll records and shall be reported in a manner
allowing the payroll costs to be traced directly to the financial expenditures of the Charter
School. CSUSA shall deposit such payroll taxes as may be required by the Internal
Revenue Service for the payment of payroll taxes for the employees referenced herein. All
penalties incurred by reason of late filing, failure to file or failure to pay shall be borne by
CSUSA and shall be the sole obligation and responsibility of CSUSA.
5.5.2 Personnel Administration, Employee Benefits, and
Personnel Policies and Procedures. CSUSA shall recruit and employ sufficient qualified
personnel to operate the Charter School (as is necessary and appropriate during the Term
of this Agreement), including without limitation, administrators, teachers, clerical, cafeteria,
and other staff to enable CSUS^ to operate the Charter School in conformance with the
Management Agreement Documents. CSUSA shall also recruit qualified personnel for the
Charter School Principal, who shall be selected by mutual agreement between CSUSA and
the City Manager and shall be an employee of the CITY. The CITY agrees, with the
cooperation and involvement of CSUSA, to establish a job description, salaries and
benefits for the Charter School Principal. The parties agree that the Charter School
Principal shall be accountable to CSUSA for the day-to-day operations of the Charter
School and for carrying out the mission of the Charter School based on the goals and
objectives as stated in the Management Agreement Documents. CSUSA shall have the
right, at any time, to make recommendations to the City Manager regarding disciplinary
matters, including possible termination, of the Charter School Principal. The City Manager
will consider such recommendations of CSUSA and act in accordance with his
responsibilities as City Manager. CSUSA shall provide such other personnel as CSUSA, in
its sole judgment, determines is necessary to properly operate the Charter School. CSUSA
shall determine, in its sole discretion, the benefits that will be provide to such personnel
and shall administer the provision of such benefits. Any and all employment agreements
shall provide for the immediate assignability to the CITY at its option in the event that this
Agreement is terminated as provided herein.
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In order to attract and compensate teachers and administrators necessary to achieve the
performance criteria set forth in this Agreement, CSUSA agrees that, in the event
additional funds are necessary to attract and compensate such teachers and
administrators, as determined by CSUSA after consultation with the City Manager, CSUSA
shall commit such funds from its Management Fee as are necessary to accomplish this
goal.
The parties acknowledge that the school personnel are crucial to the operation of the
school. CSUSA shall not, in any fashion, or for any reason whatsoever, act to preclude
personnel from working their required and designated days and hours. Additionally,
CSUSA shall use its best efforts to prevent work stoppages caused by the absence of
school personnel. The parties further acknowledge that the CITY shall be irreparably
harmed should school personnel fail to work their required and designated days and hours
for such reasons as labor and/or economic disputes. In the event of such work stoppages,
the CITY shall be entitled to seek any available legal or equitable remedies, including, but
not limited to, injunctive relief from a court of appropriate jurisdiction, to best protect the
interests of the CITY incident to its obligation to provide education for the students of the
Charter School. CSUSA shall ensure that all personnel that it employs for the Charter
School are subject to the terms of this paragraph.
5.5.3 Trainin.q and Professional Development. CSUSA shall be
responsible for the training and continuing education of its educational faculty, including
the Charter School Principal, administrators, and State of Florida certified teachers
associated with the Charter School. CSUSA shall additionally be responsible for
implementing and monitoring professional development activity requirements applicable to
the Charter School's administrative and instructional personnel. Insofar as is possible,
CSUSA shall ensure that the Charter School's teachers are encouraged to participate in
professional development opportunities sponsored by the Chartering Entity in order to
increase teachers' content knowledge and pedagogy.
5.5.4 Administrator and Teacher Evaluation and Assessment.
CSUSA shall ensure that the Charter School implements an Administrator and Teacher
Evaluation and Assessment system in accordance with the Management Agreement
Documents.
5.6 Technology Mana,qement.
5.6.1 Mana,qement Information Systems. On behalf of the Charter
School, CSUSA, at its sole discretion, shall determine the Management Information
System ("MIS") to be utilized at the Charter School, provided however, that such MIS will
comply with the terms of this Section and the Management Agreement Documents. CSUSA
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shall, in coordination and cooperation with the CITY and in accordance with Sections 6.2
and 6.3 of this Agreement, design, order, purchase, install, implement and administer a
MIS for the Charter School, consistent with the Charter School's purpose and goals. This
system, in conjunction with the applications required by the Chartering Entity, shall include
business applications that meet, on an ongoing basis, any and all Federal, State, County,
CITY, or Chartering Entity reporting mandates, applicable for the Charter School or the
CITY. At a minimum the following functions shall be provided: Cash Receipts, Records
Management, Payroll/Personnel, General Ledger, Purchasing, Accounts Payable,
Accounts Receivable/Billing, Fixed Assets, Admissions, Scheduling, Registration, Records,
and Reporting. The City Manager, with reasonable notice to CSUSA and except as
provided for in Chapter 119, F.S., shall have full and unlimited access to the Charter
School-based MIS system with assistance from a representative of CSUSA. Upon
termination of this Agreement, all hardware, software, business applications (including
password and configuration information) and other intellectual property purchased by the
CITY shall remain the property of the CITY. The MIS system shall be and remain the
property of the CITY, except as proprietary to CSUSA as set forth in this Agreement.
Responsibility for maintaining all data and records stored and used by the Charter School
shall be with CSUSA and shall be in accordance with the Charter. The cost associated with
any design, license, implementation, and administration shall be included in the approved
Charter School Annual Budget and paid from the Charter School Fund.
5.7 Performance Criteria.
following minimum performance criteria:
The CITY and CSUSA shall agree to the
5.7.1 Education Management.
5.7.1.1 For the first year of operation, the Charter School shall
attain the following:
a) Reading - 70% of student test scores will improve by
ten (10) percentage points on the Comprehensive Test of Basic Skills (CTBS).
b) Reading - 70% of student test scores will improve by
ten (10) percentage points on the CTBS or norm-referenced/criterion-referenced test
administered by the Charter School over the first test administration in the fall of year 1.
c) Reading - Students in grades 3- 5 will gain a year's
growth in a years time as measured by CSUSA's criterion referenced tests, teacher made
assessments and student portfolios.
d) Mathematics - The average test score by grade will
improve by ten (10) percentage points on the CTBS or norm-referenced/criterion -
referenced test over the first administration of the test.
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e) Mathematics - Students in grades 3 - 5 will gain a
year's growth in a year's time as measured by CSUSA's criterion referenced tests, teacher
made assessments and student portfolios.
5.7.1.2 For each year of operation, the Charter School shall
attain the following:
a) 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 (PLP) that is the compendium of parent, student and
teacher conferences. Each PLP will establish academic goals for each individual student in
relation to his/her performance and progress.
b) The median percentile by each grade level for the
Reading and Mathematics subtests of the State or Chartering Entity-required norm-
referenced test shall be no lower than three (3) percentile points below those median
percentiles achieved by the Miami-Dade County Public Schools that the students of the
CITY would otherwise attend based on established attendance boundaries (currently,
Highland Oaks and Ojus Elementaries). This section will be automatically amended on an
annual basis to include additional subtests required by the State or Chartering Entity-
required norm-referenced tests, if any.
c) Beginning in Year 2, the State of Florida A+ Plan
Grade shall be no lower than a "B".
d) Meet the requirements delineated in Florida State
Board of Education Administrative Rule 6A-1.09981, Implementation of Fio#da's System of
School Improvement and Accountability, as may be amended from time to time.
5.7.2 Development and Operations Management.
5.7.2.1 The number of enrolled students, as defined in Section
1 O, shall be 95% of the number of students allowed under the Charter.
5.7.2.2 The year-to-year student retention rate shall be 80%
from the 2003-04 school year to the 2004-05 school year, 85% from the 2004-05 school
year to the 2005-06 school year, and 90% for each year-to-year period thereafter. The
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year-to-year student retention rate shall be determined by expressing the number of
students who were enrolled in the Charter School at both the beginning of the earlier
school year (October enrollment period) and at the beginning of the subsequent school
year (October enrollment period), as a percentage of the number of students who were
enrolled in the Charter School at the beginning of the earlier school year (October
enrollment period). For purposes of retention rate calculation, a student shall not be
included in either the earlier or subsequent enrollment counts if he/she has left the school
for non-causal reasons, as determined by an exit survey. Non-causal reasons shall be: a
change of residence, change in transportation requirements, articulation beyond the fifth
grade, repeated discipline issues or expulsion. The non-causal identifiers may be reviewed
annually and revised by mutual agreement between CSUSA and the CITY. The exit survey
to be used shall be approved by the City Manager; whose approval shall not be
unreasonably withheld.
5.7.2.3. The percentage of parents who on the Parent Survey
agree or strongly agree to the statement that "1 would recommend the Charter School to a
friend" is 80% in year 1 and 90% each year thereafter.
5.7.3. Financial Management.
5.7.3.1. The Charter School Annual Budget is substantially in
conformance with the Management Agreement Documents. The proposed Charter School
Annual Budget shall specifically include an amount to be reimbursed to the CITY for the
cost of the Site that is no less than the amount identified in the Management Agreement
Documents, and shall maintain the amount of Total Salaries and/or Total Salaries as a
percent of Total Revenues substantially in accordance with the Management Agreement
Documents.
5.7.3.2. CSUSA shall operate the Charter School within the
Charter School Annual Budget, as approved by the Aventura City Commission.
5.7.3.3. The Charter School shall complete the year with no
deficits.
5.7.3.4. The audits required by State Law and the Charter shall
indicate that the financial statements are presented fairly and that tests of compliance with
laws and regulations and consideration of the internal control over financial reporting
disclose no instances of non-compliance, nor any material weaknesses.
5.7.4 Facilities Management.
5.7.4.1 Subject to the terms and conditions of any Charter
School Maintenance Agreement established pursuant to Section 6.4, the percentage of
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parents who on the Parent Survey agree or strongly agree to the statement "The school
buildings and grounds are clean and well maintained" is 90%.
5.7.5 Human Resources Management.
5.7.5.1. The amount paid for Total Salaries and/or Total
Salaries as a percent of Total Revenues shall be substantially in accordance with the
Management Agreement Documents.
5.7.5.2. Class size and student/classroom teacher ratios shall
be maintained throughout the school year at 20:1 for Kindergarten and 25:1 for Grades 1
through 5. Any vacancy in a classroom teacher position that results in an increase to the
student/classroom teacher ratio shall be filled with a permanent qualified teacher as soon
as possible, provided however, that no such vacancy shall remain unfilled by a permanent
qualified teacher for more than four weeks from the date of the vacancy, unless authorized
by the City Manager, unless the lack of such authorization would contradict applicable
local, state or federal law.
5.7.5.3. CSUSA shall make every reasonable effort to insure
that the experience level of the Charter School's instructional staff shall be substantially
distributed such that at least 1/3 are categorized as "Veterans" (teachers with more than 7
years of teaching experience) and at least 2/3 are categorized as "Veteran" or "Mid-Level"
(Teachers with three to seven years of teaching experience). In determining experience
levels, advance degrees and other relevant work experience may be considered. If the
experience levels of the Charter School's instructional staff are not substantially in
compliance with this section, CSUSA shall provide reasonable documentation and
information to the City Manager detailing the recruiting efforts that were made to attract
experienced instructional staff, explanations and/or special circumstances and actions
planned to achieve substantial compliance with this section.
5.7.5.4. Beginning in the third year, the year-to-year retention
rates for permanent staff and for classroom teachers, excluding staff or teachers dismissed
for cause and as adjusted for mobility, shall be 80%.
5.8 Other.
5.8.1 Provision of Liaison Services. CSUSA shall designate a
member of senior management personnel to be the point of contact for the City Manager
for all issues.
5.8.2 Other Activities. CSUSA shall be responsible for ensuring that
the Charter School complies with the terms and conditions of the Charter and shall, in a
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timely manner, provide information and perform all other activities required of CSUSA
during the term of this Agreement to maintain a fully operational Charter School.
following:
Responsibilities of the CITY. The CITY shall be responsible for the
6.1 Maintenance of Charter. The CITY shall do, or cause to be done, all
things necessary to ensure that all legal requirements applicable to the CITY, and all such
conditions as may have been imposed on the CITY by the Chartering Entity, are fully
complied with at all times. If the CITY or CSUSA shall at any time receive notice from any
public authority or other person that the Charter School is or may be in violation of the
Charter, the rules of the Chartering Entity or any provision of any applicable law or
regulation, the party receiving such notice shall immediately notify the other party of the
asserted violation and shall thereafter work diligently together to determine whether such
asserted violation in fact exists, to correct any violation found to exist, and vigorously
contest the asserted violation if the same is found not to exist. No changes will be made by
the CITY to the approved Charter between the CITY and the Chartering Entity that directly
impact CSUSA's performance without CSUSA's consent and approval; such consent and
approval shall not be unreasonably withheld.
6.2 Furniture, Fixtures and Equipment ("FF&E"). Upon written
instructions from CSUSA, the CITY shall be responsible for obtaining, ordering and
purchasing any FF&E to be utilized in or by the Charter School during the term of this
Agreement. At the CITY's option, the CITY may request that CSUSA order some or all of
the FF&E. Regardless of whether the CITY or CSUSA orders the FF&E, such order(s)
shall be in compliance with the written instructions from CSUSA unless mutually agreed
otherwise.
6.3 Books and Supplies. Upon written instructions from CSUSA, the
CITY shall be responsible for obtaining, ordering and purchasing the books and supplies
to be utilized in or by the Charter School during the term of this Agreement. At the CITY's
option, the CITY may request that CSUSA order some or all of the books and supplies.
Regardless of whether the CITY or CSUSA order the books and supplies, such order(s)
shall be in compliance with the written instructions from CSUSA unless mutually agreed
otherwise.
6.4 Facility Maintenance. At the CITY's option, the CITY may elect to be
responsible for all or part of the Charter School's Facility maintenance, that may include
but is not limited to ground maintenance, custodial services and maintenance of the
physical plant. Should the CITY elect to be responsible for all or part of the Charter
School's Facility maintenance, it is the intent of the parties to enter into a separate Charter
School Maintenance Agreement that will specify the respective rights, responsibilities and
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costs of each party and the Charter School, provided however, that the costs associated
with the maintenance services shall be in compliance with the Charter School Annual
Budget, as may be amended from time to time.
6.6 Tax Exempt Fund Raisin.q Activities. If the CITY concludes it is
appropriate to do so, the Charter School may seek to establish a separate tax-exempt
organization to conduct fund raising activities and receive tax deductible contributions in
support of the Charter School and/or of education generally. CSUSA shall cooperate with
such tax-exempt organization as necessary and appropriate.
6.6 Fundin.q For Charter School Costs and Expenses. The CITY shall
maintain a Charter School Fund to account for expenditures and revenues associated with
the Charter School. It is understood by CSUSA and the CITY, that any and all funds
expended by the CITY pursuant to this Agreement and the Planning Agreement, including
costs and expenses associated with the planning and development of the Charter School
such as, start up funding, land acquisition and capital improvements including construction
of the Facility and CSUSA Fees, professional services contract fees and other out-of-
pocket costs and expenses, shall be reimbursed to the CITY from Charter School
revenues. The reimbursement schedule shall be included in the proposed Charter School
Annual Budget. The CITY shall provide CSUSA with an estimate of any and all funds
expected to be expended by the CITY pursuant to this Section during each subsequent
budget year, that would not be generally known to CSUSA or included in the Management
Agreement Documents; such estimate shall be included in the proposed Charter School
Annual Budget.
6.6.1 Procedure for Payment. In order to receive funds from the
CITY pursuant to this Section, CSUSA shall prepare and submit monthly financial
statements and invoices to the City Manager, which shall include the fund(s) for which
CSUSA is seeking payment, and all of the Charter School's actual expenditures, reported
on a modified cash basis of accounting (including but not limited to all capital
expenditures). The City Manager shall direct payment from the Charter School Fund to
CSUSA for all approved expenditures within seven (7) business days of receipt by the
CITY of the monthly financial statement and invoices. CSUSA agrees to provide the CITY,
within ten (10) business days, source documents, supporting schedules, summaries and
explanations as may reasonably be requested by the City Manager from time to time.
CSUSA shall immediately reimburse the CITY for any unallowable Charter School
expenditures as determined by a licensed auditor of the CITY, the Chartering Entity, or any
Department or Division of the State of Florida or Federal Government.
6.7 Charter School Department. It is the intent of the CITY to establish a
Charter School Department which shall be responsible to the City Manager. CSUSA shall
be accountable to the City Manager. Neither the City Commission nor its members shall
give orders to CSUSA, its employees or employees of the City Charter School Department,
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either publicly or privately. Recommendations for improvements in Charter School
operations by Commissioners shall be made solely to and through the City Manager.
6.8 Annual Review of Performance Criteria. On an annual basis, the
CITY and CSUSA shall review the minimum performance criteria established in Section 5.7
and the Incentive Fee eligibility requirements established in Section 10.2, including
measurement methodology and assumptions, to jointly verify and/or modify the criteria,
requirements, measurement methods and assumptions to accurately and appropriately
evaluate the performance and effectiveness of CSUSA and the Charter School as
contemplated in the Management Agreement Documents. The CITY may, at its sole option,
modify the measurement methods and/or assumptions should it determine that such
modifications are necessary to more accurately and appropriately evaluate the
performance and effectiveness of CSUSA and the Charter School as contemplated in the
Management Agreement Documents. During the annual review, CSUSA and the CITY
shall additionally determine the specific tests/instruments upon which the minimum
performance criteria delineated in Section 5.7.1 shall be based for the subsequent school
year.
6.9 Other Activities. The CITY shall, in a timely manner, provide all
information and perform all other activities required of the CITY during the term of this
Agreement to maintain a fully operational Charter School.
7. Cooperation. The parties shall, in good faith, share all information received
from the Chartering Entity so as to comply with mutual obligations herein. Any information,
whether written or oral, which is transmitted by the Chartering Entity to the parties shall be
shared between the parties promptly.
8. Additional Mutual Obli,qations. The parties hereto shall actively and
diligently coordinate all extracurricular activities, grant writing, community involvement,
responsiveness and response to compliance to all federal, state, and local rules and
regulations, and any other operational activities or functions occasioned by the
relationship set forth in this Agreement in a concerted effort to meet the goals and
objectives established in the Management Agreement Documents and the Planning
Agreement.
9. Charter Schools Funding Resources. All revenues, grants, and revenue
allocations received by or targeted to the Charter School, shall be directed to and retained
in the Charter School Fund, as established by the CITY.
10. Mana,qement and Incentive Fees. Subject to annual appropriations by the
City Commission and the provisions of Section 10.3, the CITY shall pay CSUSA annual
management and incentive fees for the performance by CSUSA of its responsibilities as
provided in this Agreement as follows:
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0.1 ManaRement Fee. The base Management Fee shall be as follows:
Year 1
Years 2-3
Years 4-5
13% of the funding for student enrollment, as adjusted.
11% of the funding for student enrollment, as adjusted.
10% of the funding for student enrollment, as adjusted.
The funding for student enrollment, as adjusted, shall be the sum of
district operating funds from the Florida Education Finance Program (FEFP), including
gross state and local funds, discretionary lottery funds, and discretionary operating millage
funds divided by total district funded weighted full-time equivalent (WFTE) students times
the weighted full-time equivalent students of the Charter School and the Charter School's
proportionate share of categorical program funds included in the FEFP, less 5 %, and as
may be adjusted for factors including, but not limited to, changes in the number of enrolled
students, state holdbacks and state prorations, and a proportional share of any unfounded
WFTE for Group 2 programs.
All payments to CSUSA for the base Management Fee shall be paid
and deemed earned pro-rata by CSUSA on a monthly basis, beginning July 1,2003, with
each payment representing 1/12 of the annual base Management Fee. Payments to
CSUSA shall not begin until the operating funding for student enrollment, as adjusted, in
the Charter School are received by the CITY from the Chartering Entity, provided however,
that the first payment to CSUSA shall include retroactive payments to July 1,2003, if any,
and provided further, that the final monthly payment of each year shall be paid upon the
acceptance of year-end financial reports demonstrating that the Charter School completed
the year with no deficit.
For the purposes of this Agreement, the number of "enrolled students"
shall be equal to the Chartering Entity's FTE student count used to determine FTE Funding
for the Charter School
10.2 Incentive Fees. In any year where CSUSA and the Charter School meet
or exceed all the performance criteria specified in Section 5.7 of this Agreement, the CITY
shall award a separate Incentive Fee upon any of the following events:
10.2.1 In order to supplement and enhance the County, State or
Federal funds that are normally associated with the operation and development of a
school, the CITY and CSUSA shall endeavor to obtain revenues from other sources,
including grants and donations (the "Additional Revenues"). CSUSA shall be entitled to
an amount equal to ten percent (10%) of all revenues received from Additional Revenues
directly attributable to CSUSA's efforts.
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10.2.2. Starting in Year 2, if the median percentile by each grade
level on the State or Chartering Entity required norm-referenced test:
10.2.2.1 Reading - exceeds the performance criteria established in
Section 5.7.1.2(b) by at least five (5) median percentile points or exceeds the performance
criteria established in Section 5.7.1.2(b) and is equal to or greater than the 75th percentile,
CSUSA shall be entitled to an amount equal to one-half percent (.5%) of the funding for
student enrollment, as adjusted, for that year.
10.2.2.2 Mathematics - exceeds the performance criteria established
in Section 5.7.1.2(b) by at least ten (10) median percentile points or exceeds the
performance criteria established in Section 5.7.1.2(b) and is equal to or greater than the
85th percentile, CSUSA shall be entitled to an amount equal to one-half percent (.5%) of
the funding for student enrollment, as adjusted, for that year.
10.2.3 If the cumulative response on an annual parent survey results
in:
10.2.3.1 Re-enrollment - The percentage of parents who Agree or
Strongly Agree to the statement "1 intend to re-enroll my child for the next school year" is
80% in year 1 and 90% in each year thereafter, then CSUSA shall be entitled to an amount
equal to one-half percent (.5%) of the funding for student enrollment, as adjusted, for that
year.
10.2.3.2 Safety - The percentage of parents who Agree or Strongly
Agree to the statement that ~Students feel safe at Aventura Charter Elementary School" is
80% in year 1 and 90% in each year thereafter, then CSUSA shall be entitled to an amount
equal to one-half percent (.5%) of the funding for student enrollment, as adjusted, for that
year.
10.2.4. Starting in Year 2, if the Charter School achieves a grade of
"A" under the State of Florida A+ Plan, CSUSA shall be entitled to an amount equal to one
percent (1%) of the funding for student enrollment, as adjusted, for that year.
10.2.5. In any year that a land reimbursement payment is made to the
CITY and that payment exceeds the land reimbursement payment specified for that same
year in the Management Agreement Documents, then an amount equal to five percent
(5%) of this excess shall be payable to CSUSA.
10.2.6 All Incentive Fees shall be paid and deemed earned by
CSUSA in one payment on an annual basis, after verification by the CITY of eligibility
based on the documentation, information and reports submitted by CSUSA pursuant to
Section 5.2.6.1 and upon the acceptance by the CITY of the year-end financial reports. If
the CITY terminates this Agreement without cause in accordance with Section 14.2,
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CSUSA shall be entitled to a pro-rata share of the annual Incentive Fee to be paid
pursuant to this section, if any, The pro-rata share will be 1/12 of the annual Incentive Fee
times the number of months in which CSUSA performed Services pursuant to this
Agreement for the school year on which the annual Incentive Fee is based. Any pm-rata
share of Incentive Fees pursuant to this Section, shall be paid to CSUSA in one payment
after the close of the then school year and after verification by the CITY of eligibility based
on the documentation, information and reports submitted by CSUSA pursuant to Section
5.2.6.1 and upon the acceptance by the CITY of the year-end financial reports.
10.3 Subordination of Management and Incentive Fees. In any year
where there is a shortfall in total revenues (operating and capital outlay), the base
Management Fees and Incentive Fees provided in Section 10 shall be subordinate to the
operating expenses of the Charter School and the debt service on the debt incurred bythe
CITY for the acquisition, design, construction, and development of the Charter School
Facility, in the amounts as herein specified, unless an amended balanced Charter School
Annual Budget, based on the raducad revenues and that substantially conforms with the
terms and conditions of the Management Agreement Documents, can be prepared by
CSUSA in accordance with Section 5.3.1., The subordination amounts shall be as follows:
Year 1
Year 2
Year 3
Year 4
Year 5
Maximum subordination of 2%
Maximum subordination of 2%
Maximum subordination of 3%
Maximum subordination of 4%
Maximum subordination of 4%
Further, the payment of the Management and Incentive Fees to CSUSA by
CITY is subject to availability and payment of FTE Funds, funds allocated for Charter
School capital outlay purposes, and any other education funds from the State of Flodda, as
provided by law.
11. Insurance. CSUSA shall maintain comprehensive general liability insurance
in the amount of Five Million and no/100 Dollars ($5,000,000.00) per occurrence and Five
Million and no/100 Dollars ($5,000,000.00) in the aggregate, insuring against property
damage and personal injury and death occurring in connection with the Charter School. In
addition, CSUSA shall maintain workers compensation insurance in the amount of the
greater of Fifty Thousand and no/100 Dollars ($50,000.00) or the minimum amount
required by law.
12. Indemnification.
12.1 CSUSA agrees to indemnify, defend with counsel (reasonably
acceptable to the CITY) and hold the CITY, and its respective officers, employees, and
agents (the "Indemnified Parties"), harmless from any and all claims, actions, costs,
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expenses, damages and liabilities, including reasonable attorney's fees and costs at both
the trial and appellate levels, arising out of, connected with or resulting from (a) the
negligence, intentional wrongful act or misconduct of CSUSA in connection with the
Agreement, (b) CSUSA's breach of this Agreement or law, and/or (c) any failure by CSUSA
to pay its suppliers or subcontractors. The duty to indemnify will continue in full force and
effect notwithstanding the expiration or termination of the Agreement with respect to any
claims based on facts or conditions that occurred prior to such expiration or termination.
12.2 Subject to the provisions and monetary limitations of F.S. 768.28, the
CITY agrees to indemnify, defend with counsel (reasonably acceptable to CSUSA) and
hold CSUSA, its officers, employees, and agents (the "CSUSA Indemnified Parties"),
harmless from any and all claims, actions, costs, expenses, damages and liabilities,
including reasonable attorney's fees and costs at both the tdal and appellate levels, arising
out of, connected with or resulting from (a) the negligence, intentional wrongful act or
misconduct of the CITY in connection with the Agreement, (b) the CITY's breach of this
Agreement or taw, and/or (c) any failure by the CITY to pay its suppliers or subcontractors.
The duty to indemnify will continue in full force and effect notwithstanding the expiration er
termination of the Agreement with respect to any claims based on facts or conditions that
occurred prior to such expiration or termination.
12.3 Upon becoming aware of the potential for a claim hereunder, the party
seeking indemnification shall notify the other party of the existence of such claim, demand
or other action giving rise to a claim for indemnification under this provision (a"Third Party
Claim") and shall give such other party a reasonable opportunity to defend the same at its
own expense and with its own counsel, provided however that the CITY or CSUSA shall at
all times have the right to participate in such defense at its own expense.
12.4 If, within a reasonable amount of time after receipt of notice of a Third
Party Claim, the CITY or CSUSA shall fail to undertake to so defend, the party seeking
indemnification shall have the right, but not the obligation, to defend and to compromise or
settle (exercising reasonable business judgment) the Third Party Claim for the account and
at the risk and expense of the party responsible for indemnification hereunder. Each party
agrees to cooperate and to make available to the other party, such information and
assistance as may be reasonably requested in connection with the defense of a Third
Party Claim.
13. Default. A default shall be deemed to have occurred for certain events or
conditions (each, an "Event of Default"), which include, but are not limited to the following:
13.1 Any action, inaction or creation of circumstances that put the Charter in
jeopardy of non-renewal or termination pursuant to Florida law, School Board rule or the
Charter; or
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13.2 Failure to pay any amount due hereunder within thirty (30) days after
written notice that such amount is due; or
13.3 Failure to remedy a material breach of this Agreement, including, but
not limited to, a default in the due and punctual observance or performance of any
provision contained herein, within thirty (30) days after written notice to the defaulting
party; or
13.4 If CSUSA shall under such law as shall be applicable to it commence
any case or proceeding, or file any petition in bankruptcy, or for reorganization, liquidation
or dissolution, or be adjudicated, insolvent or bankrupt, or shall apply to any tribunal for a
receiver, intervenor, conservator or trustee for itself or for any substantial part of its
property; or if there shall be commenced against it any such action and the same shall
remain un-dismissed; or if by any act it shall indicate its consent to, approval of, or
acquiescence in any such proceeding, or the appointment of any receiver, intervener,
conservator or trustee for it or any substantial part of its property or shall suffer any of the
same to continue undischarged; or if it shall become subject to any intervention
whatsoever that shall deprive it of the management of the aggregate of its property or any
substantial part thereof; or if it shall wind up or liquidate its affairs or there shall be issued
a warrant of attachment, execution, or similar process against any substantial part of its
property, and such warrant, execution or process shall remain un-dismissed, unbounded or
undischarged for a period of ninety (90) days, this Agreement shall be deemed
immediately terminated upon the occurrence of such event; or
13.5 If the ownership of CSUSA shall be transferred or assigned, directly or
indirectly, without the prior written consent of the CITY, in accordance with Section 36; or
13.6 If CSUSA is found to have made fraudulent use of funds, or if CSUSA
fails to obtain or maintain any license, including the revocation of such license by an
administrative or judicial body, that may be required for CSUSA to carry on its business
and perform its obligations and functions under this Agreement.
Upon the occurrence of an Event of Default, the non-defaulting party shall be
entitled to pursue all remedies available under law or equity, including without limitation,
terminating this Agreement in accordance with Section 14.
14. Termination of this A,qreement. This Agreement may be terminated by the
parties as follows:
14.1 Termination with Cause or for Nonperformance. Upon the
occurrence of an Event of Default, the non-defaulting party shall be entitled to terminate
this Agreement with cause or for nonperformance (hereinafter referred to as "Termination
with Cause"), prior to the end of the term, with seven (7) days prior written notice.
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14.1.1 Termination with Cause may include, but is not limited to,
failure for CSUSA to account for its expenditures or to pay operating costs; failure to follow
the policies, procedures, rules, regulations or curriculum as adopted by CSUSA.
14.1.2 Notwithstanding the foregoing, the failure to obtain any one of
the performance criteria in Section 5.7 of this Management Agreement, shall be cause for
the CITY to terminate this Management Agreement with cause, unless CSUSA, within thirty
(30) days from receipt of written notice from the CITY, presents and agrees to implement
an action plan, acceptable to the City Manager, detailing the actions to be taken by
CSUSA to raise the performance level to acceptable standards, provided however that the
revocation of the Charter by the Chartering Entity, shall be cause for the CITY to terminate
with cause this Management Agreement, without providing CSUSA an opportunity to cure.
14.1.3 Upon Termination with Cause, the parties shall immediately
end their performance of obligations pursuant to this Agreement and shall have no further
obligations or responsibilities to each other as of the date of such termination, including
any payment obligations (except reimbursement of authorized expenses incurred by
CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except as
otherwise indicated in this Agreement, and the non-defaulting party shall be entitled to
pursue all remedies available under law or equity.
14.2 Termination without Cause. This Agreement may be terminated
without cause (hereinafter referred to as "Termination without Cause"), as follows:
14.2.1 This Agreement shall terminate on June 30, 2008, unless
terminated earlier in accordance with the provisions of Section 14 or as otherwise provided
for in this Agreement.
14.2.2 By the CITY, upon thirty (30) days advanced written notice,
due to a change in federal, state or local law, policy, rule or appropriations during the term
of this Agreement which would materially impact the ability to design, build, operate or
maintain the Charter School substantially in conformance with the Management Agreement
Documents. Such changes could include, but not be limited to, a charter school capital
outlay funds appropriation that does not provide for the Charter School to receive funding
substantially in accordance with the Management Agreement Documents, or a modification
that would substantially impact the ability to limit the enrollment process to target the
chitdren of the CITY.
14.2.3 By the CITY, at any time and for any reason or no reason, upon
six (6) months days advance written notice.
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14.2.4 Upon Termination without Cause, the parties shall have no
further obligations or responsibilities to each other as of the date of such termination,
including any payment obligations (except reimbursement of authorized expenses incurred
by CSUSA on behalf of the CITY or the Charter School and unpaid earned Fees), except
as otherwise indicated in this Agreement.
15. Transfer of Functions Upon Termination. In recognition of the paramount
importance of maintaining the integrity and continuing operations of the Charter School, in
the event this Agreement is terminated pursuant to Section 14, or as otherwise indicated in
this Agreement, CSUSA agrees to cooperate with the CITY during the transition of
operations of the Charter School and for the transfer, within thirty (30) calendar days of
such termination, of the documents which relate to the planning, design, development and
operating functions of the Charter School (to the extent such documents are owned by the
CITY) from CSUSA to the CITY or an entity selected by the CITY. Such cooperation shall
include, but is not limited, to:
15.1 Assignment of all employees and employment contracts of the Charter
School and the transfer of employee records to the CITY or an entity selected by the CITY.
15.2 Transfer of all student records, then current curriculum programs and
class syllabi of the Charter School (unless the same is proprietary to CSUSA), if any, to the
CITY or an entity selected by the CITY.
15.3 Assignment of all contracts or subcontracts, if any, entered into by
CSUSA for the Charter School, to the CITY or an entity selected by the CITY, if such
contracts or subcontracts ara assignable.
15.4 CSUSA shall provide the CITY, or an entity selected by the CITY, all
hardware, software, business applications and other intellectual property (with password
and configuration information) purchased by CITY. If CSUSA uses software or
applications to operate the Charter School that is not owned by CITY or the Charter
School, the CITY, at its sole option, may continue to use such software or applications. If
the CITY elects to continue to utilize CSUSA software or applications to operate the
Charter School, the CITY shall execute a license agreement with CSUSA for the use of the
same for a license fee to be negotiated by the parties.
15.5 Transfer of all property including, but not limited to, furniture, fixtures,
equipment, materials, software and hardware acquired for the Charter School bythe CITY
and purchased by the CITY or through the use of funds designated for the Charter School,
to the CITY or an entity selected by the CITY.
15.6 The delivery of any and all Public Records in CSUSA's possession to
the CITY or an entity selected by the CITY.
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15.7 Transfer of any and all other information owned by the CITY, or
provision of assistance, to ensure the least disruption of the continuing operations of the
Charter School as a result of the termination of this Agreement.
15.8 The provisions of Section 15 shall survive the termination of this
Agreement.
16. Entire Agreement. This Agreement represents the entire understanding and
agreement between the parties with respect to the subject matter hereof, and supersedes
all other negotiations, understandings, and representations (if any) made by and between
such parties. The provisions of this Agreement may not be amended, supplemented, or
waived orally, but only by a writing signed by the parties and making specific reference to
this Agreement.
17. Assignments. No party shall assign its rights or obligations hereunder
without the prior written consent of the other party to this Agreement, which consent may
be withheld by such party in its sole discretion except as otherwise provided for in this
Agreement.
18. Further Assurances. The parties hereby agree from time to time to execute
and deliver such further and other assurances, assignments and documents and do all
matters and things that may be convenient or necessary to more effectively and completely
carry out the intentions of this Agreement.
19. Relationship of Parties. The relationship between the parties hereto shall
be solely as set forth herein and neither party shall be deemed to be an employee, agent,
partner, or joint venturer of the other.
20. Interpretations. This Agreement shall not be construed more strictly against
one party than against the other merely because it may have been prepared by counsel for
one of the parties, it being recognized that both parties have contributed substantially and
materially to its preparation.
21. Time of the Essence. Time of performance by either party of each and
every provision or covenant herein contained is of the essence of this Agreement. CSUSA
shall be responsible for ensuring the timely performance of all activities and
responsibilities required during the term of this Agreement, including the production of
documents, in compliance with all applicable laws, ordinances, rules and regulations, to
ensure that the Charter School is fully operational for the 2003-2004 school year and is
maintained as a fully operational Charter School in compliance with the Management
Agreement Documents during the term of this Agreement. For the purpose of this
Agreement, "timely" shall include a reasonable time for review, consideration, and/or
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modification by the City Manager, and, whenever deemed necessary by the City Manager,
shall include the appropriate time necessary for submission, consideration and/or approval
by the Aventura City Commission.
22. Binding Effect. All of the terms and provisions of this Agreement, whether
so expressed or not, shall be binding upon, inure to the benefit of, and be enforceable by
the parties and their respective legal representatives, successors, and permitted assigns.
23. Notices. All notices and other communications required or permitted under
this Agreement shall be in writing and given by:
23.1 hand delivery;
23.2 registered or certified mail, return receipt requested;
23.3 overnight courier, or
23.4 facsimile to:
If to CSUSA:
Charter Schools USA at Aventura, L.C.
6245 N. Federal Highway, Suite 500
Fort Lauderdale, Florida 33308
Attention: Mr. Jonathan K. Hage, President
Fax: (954) 202-2047
With a copy to:
Tripp Scott, P.A.
110 S.E. 6th Street, 15th Floor
Fort Lauderdate, Florida 33301
Attn: Edward J. Pozzuoli, Esq.
Fax: (954) 761-8475
If to the City:
Eric M Soroka
City Manager
City of Aventura
19200 West Country Club Drive
Aventura, Florida 33180
Fax: (305) 466-8919
With a copy to:
Weiss Serota Helfman Pastoriza & Guedes, P.A.
2665 South Bayshore Drive
Suite 420
Miami, Florida 33133
Attn: Steven W. Zelkowitz, Esq.
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Fax: (305) 854-2323
or to such other address as any party may designate by notice complying with the terms of
this Section. Each such notice shall be deemed delivered:
23,4,1 on the date delivered if by hand delivery or overnight courier,
23.4.2 on the date upon which the return receipt is signed or delivery
is refused or the notice is designated by the postal authorities as not deliverable, as the
case may be, if mailed; and
23.4.3 on the date of transmission with confirmed answer if by fax.
24. Headin,qs. The headings contained in this Agreement are for convenience of
reference only, and shall not limit or otherwise affect in any way the meaning or
interpretation of this Agreement.
25. Severability. If any part of this Agreement or any other agreement entered
into pursuant hereto is contrary to, prohibited by or deemed invalid under applicable law or
regulation, such provision shall be inapplicable and deemed omitted to the extent so
contrary, prohibited or invalid, but the remainder hereof shall not be invalidated thereby
and shall be given full force and effect so far as possible.
26. Waivers. The failure or delay of any party at any time to enforce this
Agreement shall not affect such party's right to enforce this Agreement at any other time.
Any waiver by any party of any breach of any provision of this Agreement shall not be
construed as a waiver of any continuing or succeeding breach of such provision, a waiver
of the provision itself, or a waiver of any right, power, or remedy under this Agreement. No
notice to or demand on any party in any case shall entitle such party to any other or further
notice or demand in any other circumstance.
27. Outside Business. Nothing contained in this Agreement shall be construed
to restrict or prevent, in any matter, CSUSA or its representatives or principals from
providing services to any third-party similar to the services provided pursuant to this
Agreement.
28. Third Parties. Nothing in this Agreement, whether express or implied, is
intended to confer any rights or remedies on any person other than the parties hereto and
their respective legal representatives, successors, and permitted assigns, nor is anything
in this Agreement intended to relieve or discharge the obligation or liability of any third
person to any party to this Agreement, nor shall any provision give any third person any
right to subrogation or action over or against any party to this Agreement.
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29. Jurisdiction and Venue. The parties acknowledge that a substantial portion
of the negotiations, anticipated performance and execution of this Agreement occurred or
shall occur in Miami-Dade County, Florida, and that, therefore, without limiting the
jurisdiction or venue of any other federal or state courts, each of the parties irrevocably
and unconditionally:
29.1 agrees that any suit, action or legal proceeding arising out of or
relating to this Agreement may be brought in the courts of record of the State of Florida in
Miami -Dade County or the court of the United States, Southern District of Florida in Miami
-Dade County.
29.2 consents to the jurisdiction of each such court in any suit, action, or
proceeding; and
29.3 waives any objection which it may have to the laying of venue of any
such suit, action, or proceeding in any of such courts.
30. Enforcement Costs. In the event of any controversy arising under or
relating to the interpretation or implementation of this Agreement or any breach thereof,
the prevailing party shall be entitled to recover all court costs, expenses, and reasonable
attorneys' fees (including, without limitation, all pre-trial, trial and appellate proceedings)
incurred in that action or proceeding, in addition to any other relief to which such party or
parties may be entitled.
31. Remedies Cumulative. No remedy herein conferred upon any party is
intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or
hereafter existing at law, in equity, by statute or otherwise. No single or partial exercise by
any party of any right, power, or remedy hereunder shall preclude any other or further
exercise thereof.
32. Contracts and Subcontracts CSUSA may contract and/orsubcontract for
the performance of any of its responsibilities set forth in this Agreement, subject to notice
to the CITY, such notice to indicate if the contract and/orsubcontract will provide for
assignment to the CITY in the event of the termination of this Agreement, and the CITY's
opportunity to review any and all proposed contracts and/or subcontracts in connection
with the performance of the duties, functions, and responsibilities under this Agreement.
CSUSA shall be responsible for the management of all contractors and/or subcontractors
in the performance of their work. If possible, any and all contracts ahd/or subcontracts
shall include provisions that provide for the assignment of these contracts to the CITY, or
an entity of the CITY's selection, should this Agreement with CSUSA be terminated
pursuant to the terms herein.
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33. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be deemed an original, and all of which together shall
constitute one and the same instrument.
34. Governin(~ Law. This Agreement and all transactions contemplated by this
Agreement shall be govemed by, construed, and enforced in accordance with the internal
laws of the State of Florida, without regard to principles of conflicts of laws.
35, Proprietary Information. The CITY agrees that CSUSA shall own all
copyrighted and other proprietary rights to all instructional materials, training materials,
curriculum and lesson plans, or any other materials created and developed by CSUSA, its
employees, agents or subcontractors, or by any individual working for or supervised by
CSUSA, which is developed during working hours or during time for which the individual is
being paid and which is specifically identified by CSUSA in writing as being copyrighted or
proprietary. CSUSA shall have the sole and exclusive right to license such materials for
use by other school districts, other public schools, or other customers, or to modify and/or
sell such materials for use by school districts, other public schools or other customers.
Notwithstanding the same, in the event of expiration or termination of this Agreement, the
CITY shall have the right to use such materials during the life of the Charter School
provided the CITY pays a reasonable license fee (based upon the then existing market
value) to CSUSA; however, the CITY shall have no rights to use such materials beyond the
life ofthe Charter School. During the term of this Agreement, CSUSA may disclose such
proprietary information, including that which is currently in existence as well as that which
may be created in the future. The CITY, to the extent permitted by law, shall treat all
proprietary information specifically identified in writing by CSUSA as though it were a trade
secret and copyrighted and shall use efforts as may be reasonably requested by CSUSA
so as not to disclose, publish, copy, transmit, modify, alter or utilize such proprietary
information during the Term of this Agreement or at any time after its expiration other than
to the extent necessary for implementation of this Agreement or as licensed from CSUSA
for the continuing planning, design, development and operation of the Charter School;
provided, however, that CSUSA acknowledges that any information provided to the CITY
may be a public record under Florida law and may be subject to disclosure.
36. Sale or Transfer of Interest in CSUSA. This Agreement is made by the
CITY with CSUSA in its current ownership form and in reliance on the expertise of the
current principals and owners of CSUSA, including Jonathan Hage. No substantial
ownership or any other form of control of CSUSA, including the development and planning
of the Charter School, shall be transferred or assigned, directly or indirectly, without the
prior written consent of the CITY, through the City Manager. For purposes of this
Agreement "substantial change in ownership" shall be defined as when a majority of
CSUSA ownership is not maintained by Jonathan Hage. In determining whether to
approve of any such transfer or assignment, the City Manager may consider, without
limitation:
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36.1 whether the now current individual principals and managers of
CSUSA will continue to retain total administrative control over the Charter
School;
36.2 the qualifications and character of the individuals or entities that are
to receive the transferred or assigned interest from CSUSA.
The CITY, upon considering the approval of the transfer or assignment, shall not
unreasonably withhold approval of such based upon the foregoing criteria.
37. Additional Audits. In addition to the audits required pursuant to Section
5.3.5 of this Agreement, the CITY shall have the right, at any time during business hours,
at the CITY's sole expense, and with reasonable notice to CSUSA, to inspect and audit, or
caused to be inspected and audited by a certified public accounting firm selected by the
CITY, the business records, bookkeeping and accounting records, tax records and returns
and other records of CSUSA with respect to this Charter School and this Agreement.
CSUSA shall cooperate with CITY and the certified public accounting firm. If any of the
foregoing business records are retained by CSUSA following the expiration or earlier
termination of this Agreement and not delivered to the CITY, CSUSA shall maintain and
make available to the CITY such books and records for a period of six (6) years following
the expiration or earlier termination of this Agreement.
38. PolicelRe!:lulatory Powers. CITY cannot, and hereby specifically does not,
waive or relinquish any of its regulatory approval or enforcement rights and obligations as
it may relate to regulations of general applicability which may govern the Charter School
and the Facility, and any improvements or operations relative thereto. Nothing in this
Agreement shall be deemed to create an affirmative duty of CITY to abrogate its sovereign
right to exercise its police powers and governmental powers by approving or disapproving
or taking any other action in accordance with its zoning and land use codes, administrative
codes, ordinances, rules and regulations, federal laws and regulations, state laws and
regulations, and grant agreements.
[SIGNATURES APPEAR ON THE NEXT PAGE]
6/7102
34
IN WITNESS WHEREOF, CITY and CSUSA have signed this Agreement in
triplicate. One counterpart each has been delivered to CITY and CSUSA.
ATTEST:
CITY OF AVENTURA, FLORIDA
By: By:
Teresa M Soroka, CMC
City Clerk
Eric M Soroka, City Manager
APPROVED AS TO FORM:
By:
City Attorney
WITNESSES:
Signature
Print Name
CHARTER SCHOOLS USA AT
AVENTURA, LC.
By:
Jonathan K. Hage, President
Signature
Print Name
CHARTER SCHOOLS USA, INC.
By:
Jonathan K. Hage, President
6/7102
35
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Eric M. Soroka, City k,J~ua~(~erl
Harry M. Kilgore,
June 10, 2002
Services Director
Financing Program Update for 2002
June 13TM Workshop Agenda Item __
As you are aware, the CIP and Budget reflect the need for long-term financing(s) in the
2001/02 fiscal year. The purpose of including this item on the workshop agenda is to
update the City Commission on the current status and schedule for issuing the long-
term debt. The only action required at the workshop meeting is discussion and input
from the City Commission. Future regular meetings of the City Commission will include
the necessary documents for approval by the City Commission.
Back.qround
At their January workshop, the City Commission approved the concept of borrowing
funds for Charter School Land Acquisition ($4.6 million), Charter School Construction
($6 million), and the balance of the cost of the Community Center ($0.9 million). The
2001/02 Budget also included $2.1 million to finance stormwater improvements. The
City Commission on February 27, 2002, approved a resolution authorizing
reimbursement of the costs of these projects prior to closing of the financing.
At the May 16th Special Meeting, the Commission discussed the Charter School
Proposed Budget for the School's 2002/03 fiscal year (July 2002 to June 2003). Since
the school will not open until August 2003 (the 2003~04 fiscal year for the school), there
will be no revenues to pay operating costs and debt service for the 2002/03 fiscal year.
Rather than have the General Fund subsidize the school for all debt service and startup
costs for the period prior to July 2003 (which would have required a transfer of $679,494
from the General Fund) staff was asked to review the feasibility/legality of including
some of the costs in the bond issue. The outcome of the review was that we could
include the interest expense and startup costs within the bond issue. Any principal
payment could not be reimbursed from the bond issue. However, we can structure the
maturity schedule so that the first principal payment occurs after the 2002/2003 fiscal
year. The result was that the General Fund transfer was reduced to $58,494 (the cost
of School Administration only) as reflected in the recently adopted budget for the school.
Page (2)
Financing Program Update for 2002
However, this required the size of the borrowing to be increased from $6 million to $6.48
million. The term of the borrowings for School Land Acquisition ($4.6 million) and
Charter School Construction ($6.48 million) was increased to 30 years in order to have
debt service costs better match School Capital Outlay receipts for future years.
In addition, we have received grants for 188th Street Improvements for $650,000 and
30th Avenue for $500,000, and have received bids for the Biscayne Lake Gardens
Drainage Improvements of $450,000 instead of the $1.4 million originally anticipated in
the Budget and CIP. Therefore, the $2.1 million anticipated borrowing for Stormwater
Drainage Improvements is no longer necessary.
I have worked with Vivian Escribano, of Dain Rauscher, the City's Financial Advisor,
over the past six months to explore the alternative methods and/or entities to finance
the program. Instead of going through a full blown bond issue on our own, both Vivian
and I believed that we would be best served by concentrating on existing and active
municipal borrowing pools. The most active of these pools are the Florida Municipal
Loan Council (FMLC) and the Florida Intergovernmental Finance Commission (FIFC).
We borrowed $21 million from FMLC in 1999 to finance the Government Center and
other projects. Over the past few months, Vivian has obtained rates from both of these
entities for various maturities ranging from 15 to 30 years. Both operate substantially
the same for fixed rate programs with both requiring municipal bond insurance and
setting interest rates based on AAA insured scales. The coupon rates for 30 year funds
(Charter School Land Acquisition and Charter School Construction) would be in the
5.1% range and all inclusive costs (including costs of issuance) in the 5.3% to 5.4%
range and the 15 year component (Community Center Completion) at 4.3% coupon and
4.7% all inclusive.
These rates have been relatively stable over the past six months. However, short term
rates have been extremely Iow for the past year. Therefore, Vivian Escribano has
worked with J.P. Morgan, the Underwriter for the FIFC program, to obtain rates for
variable term financing in order to receive more favorable rates. The rates for variable
rate financing, assuming a rate similar to the average of the past 10 years for the
particular index used to calculate the variable rate, the equivalent loan rate would be
approximately 3.83% (compared to the 5.1% for fixed rate) and 4.02% all inclusive
(compared to 5.35% for fixed rate). Rates for the near future would be even lower
because the index used to calculate the rate is currently 1.53% compared to the 10 year
average of 3.25% used to calculate the projected rates over longer periods. However,
going with variable rate financing would entail the risk that rates will increase in the
future. If variable rates increased in the future, we could lock in fixed rates at a future
date. However, those rates would be higher than those we could obtain today.
Page (3)
Financing Program Update for 2002
The current FIFC proposal combines the features of a guaranteed maximum rate over
the life of the borrowing (30 years for charter School Land Acquisition, Charter School
Construction, and 15 years for the Community Center) while allowing the City to receive
the benefits of lower variable rates for at least a portion of the period. The mechanism
to do this would be for the City to issue Fixed Rate Bonds through FIFC. FIFC will then
enter into an Interest Rate Swap with J.P. Morgan that converts the loan to a floating
rate. FIFC then lends the bond proceeds to the City on a floating rate basis. However,
at any point in the future, if rates start to go up, the City can cancel the floating rate
provisions. Although there is some possibility that a sudden change in rates could
require a payment by the City to undo the underlying swap transaction, this cost would
be far less than the savings by including the variable rate component to the borrowing.
Attachment 2 is a table depicting the projected savings of the floating rate loan to the
City assuming we stayed in the floating rate for 30 years. It is based on a total
borrowing of $13.6 million and the long term rates in effect at May 29, 2002 and the
index rate for the variable rate being at the 10 year average for the index. Since current
rates are significantly less than the 10 year average, actual projected savings by the
variable rate provision would be significantly greater in the short run (estimated over
$200,000 savings for the first year).
The borrowing amount will be adjusted to actual requirements prior to finalization of the
financing. It is anticipated that we will have documents for Commission approval on the
July 2nd Commission meeting. Although the program is somewhat more exotic than I
would normally recommend, I believe the savings in interest costs justifies the City's
participation in the variable rate program, at least for the first couple of years. If short
term rates and, therefore, the index for the variable rate, stay at their current level, the
total savings will be in the $200,000 range the first year. Even if short term rates
increase quickly, there will be at least $150,000 savings in the first year. Any cost
savings to the Charter School would be beneficial and allow for further improvement to
the school. This program allows the City to receive the benefit of short term variable
rates while allowing us to know that the City can return to the guaranteed long term
fixed rate at any point in the future.
Attachments C-1 through C-3 was prepared by J.P. Morgan and reflect the flow of
transactions under the proposed program.
HMK/mn
ATTACHMENT A
CITY OF AVENTURA
RECALCULATION OF LONG TERM BORROWING NEEDS
2002 FINANCING PROGRAM
SERIES A SERIES B SERIES C TOTAL
CHARTER SCHOOL LAND ACQUISITION 4,600,000 4,600,000
CHARTER SCHOOL CONSTRUCTION 6,000,000 6,000,000
BALANCE TO COMPLETE COMMUNITY CENTER 900,000 900,000
STORMWATER DRAINAGE PROJECTS 2,100,000 2,100,000
TOTALS AS OF FEBRUARY 27 2002 4,600,000 6,000,000 3,000,000 '13,600,000
ADD ONE YEAR INTEREST ON SERIES B TO
AMOUNT FINANCED 340,000 340,000
ADD FIRST YEAR STARTUP COSTS TO
AMOUNT FINANCED 141,000 141,000
DEDUCT SAVINGS ON BISCAYNE LAKE
GARDENS BID FROM PROJECTED (950,000) (950,000)
DEDUCT GRANT FOR 188 ST DRAINAGE (650,000) (650,000)
DEDUCT GRANT FOR 30TH AVENUE DRAINAGE (500,000) (500,000)
IREVISED TOTALS TO BE FINANCED 4 600 000 i 6,481,000 900,000 11,981,000
-I
..q
"r
m
--I
CITY OF AVENTURA
TO:
FROM:
BY:
DATE:
SUBJECT:
COMMUNITY DEVELOPMENT DEPARTMENT
MEMORANDUM
City Commission /'
Joanne Carr, Seniorll~la~
June 7, 2002
Amendment to Section 31-21 to amend definitions
in the City's Land Development Regulations (02-LDR-02)
July 2, 2002 Local Planning Agency Agenda Item __
July 2, 2002 City Commission Meeting Agenda Item __
August 6, 2002 City Commission Meeting Agenda Item __
RECOMMENDATION
It is recommended that the City Commission:
1. Approve an amendment to the preamble to Section 31-21 to further clarify the
purpose of this section.
2. Approve an amendment to the definition of "hotet' in the City's Land Development
Regulations.
3. Approve an amendment to include the definition of "multi-family residential
dwelling" in the City's Land Development Regulations.
4. Approve an amendment to the definition of "residence or residential use" in the
City's Land Development Regulations.
THE REQUEST
City staff is requesting amendments to Section 31-21 of the City's Land Development
Regulations to clarify the purpose in the preamble to the section, to change the definition
of "hotel', to change the definition of "residence or residential use" and to add the
definition of "multi-family residential dwelling".
ANALYSIS
Standards for reviewing proposed amendments to the text of the LDR:
1. The proposed amendment is legally required.
The proposed amendments improve the administration or~ution
development process in that it clarifies language and definitions.
of the
2. The proposed amendment is consistent with the goals and objectives of the
Comprehensive Plan.
The proposed amendments are consistent with the goals and objectives of the
Comprehensive Plan.
3. The proposed amendment is consistent with the authority and purpose of the LDR.
The proposed amendments are consistent with the authority and purpose of the Land
Development Regulations.
4. The proposed amendment furthers the orderly development of the City.
The proposed amendments further the orderly development of the City.
5. The proposed amendment improves the administration or execution of the
development process.
The proposed amendments improve the administration or execution of the
development process in that it clarifies language and definitions.
Description/Background of Proposed Amendments~:
1. Sec. 31-21. Definitions. (see Exhibit #1)
[For the purposes of this chapter, the following words, terms and phrases shall
have the meanings herein set out.] When these definitions include restrictions,
conditions or limitations, such restrictions, conditions or limitations shall be subiect
to enforcement upon the same basis as other provisions of these Land
Development Regulations.
The proposed amendment is required to clarify the purpose of Section 31-21
of the City's Land Development Regulations.
Underlined provisions constitute proposed additions to existing text; :tr!c~cn thrcugh provisions indicate
proposed deletions from existing text.
2. Section 31-21. Definitions. (see Exhibit #2) ~n~r."¢~
'" 'provides
Hotel shall mean a commercial establishment which ry overnight
sleeping accommodations for the ,qeneral public. No more than five (5) percent of the
individual hotel units shall be occupied for more than ninety (90) continuous days by
the same occupant of the unit. Principal access to all rental rooms shall be through an
inside lobby or office supervised by a person in charge at all hours. Other typical hotel
services must be provided includinq daily linen and maid service, and receipt and
disbursement of keys and mail by the attendant at the desk in the lobby, for the
occupants of the hotel. No hotel facility shall be converted to or used as a multi-family
residential dwellinq. Compliance with the restrictions, conditions or limitations set forth
in this definition, shall be certified by the licensee at the time of issuance and renewal
of the applicable City occupational license.
The proposed amendment is required to provide clarification of the definition
of hotel within the City's Land Development Regulations.
3. Section 31-21. Definitions.
Multi-Family residential dwelling shall mean any .qroup of more than four (4) dwellinq
units occupyin.q a sin.qle buildin.q site, composed of one (1) or more buildinqs.
The proposed amendment is required to provide a definition of multi-family
residential dwelling in the City's Land Development Regulations.
4. Section 31-21. Definitions. (see Exhibit#3)
Residence or residential use shall mean used or intended for use exclusively for
dwelling purposes,.,.v.__,,.~"~'"~= ..... -~.-,...,.....~"'""~ ~'"~"~",........., as applied to any lot, plat, plot, parcel,
tract, area or building, but not including hotel rooms.
The proposed amendment is required to cladfy the definition of residence or
residential use in the City's Land Development Regulations.
Underlined provisions constitute proposed add tons to ex sbng text ................. =.. provisions indicate
proposed deletions from existing text.
ORDINANCE NO. 2002-
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING SECTION 31-21 "DEFINITIONS" OF THE
CITY'S LAND DEVELOPMENT REGULATIONS TO
SPECIFY THE ENFORCEABILITY OF RESTRICTIONS,
LIMITATIONS OR CONDITIONS INCLUDED IN ALL
DEFINITIONS; AMENDING THE DEFINITION OF
"HOTEL," AND CREATING RESTRICTIONS,
LIMITATIONS OR CONDITIONS CONCERNING HOTELS;
AMENDING DEFINITION OF "RESIDENCE OR
RESIDENTIAL USE," CREATING DEFINITION FOR
"MULTI-FAMILY RESIDENTIAL DWELLING;" PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVIDING FOR PENALTY; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Aventura is desirous of amending the City's Land
Development Regulations to provide additional restrictions and text and to clarify Section
31-21 of the Code; and
WHEREAS, the City Commission has been designated as the local planning
agency for the City pursuant to Section 163.3174, Florida Statutes; and
WHEREAS, the Local Planning Agency has reviewed the application pursuant to
the required public hearing and has recommended approval to the City Commission;
and
WHEREAS, the City Commission has held the required public hearings, duly
noticed in accordance with law; and
WHEREAS, the City Commission has reviewed the legislative action set forth in
this Ordinance and has determined that such action is consistent with the
Comprehensive Plan.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Code Amended. That Section 31-21 "Definitions" of the City's Land
Development Regulations is hereby amended so as to provide for clarification and
amendment of definitions, as follows':
~ Underlined provisions constitute proposed additions to existing text; :~!cke= x~exghprovisions indicate
proposed deletions from existing text.
Ordinance No. 2002 -
Page 2
Sec. 31-21. Definitions,
For the purposes of this Chapter, the following words, terms and phrases
shall have the meaning herein set out. When these definitions include
restrictions, conditions or limitations, such restrictions, conditions or
limitations shall be subiect to enforcement upon the same basis as other
provisions of these Land Development Re,qulations.
Hotel shall mean a commercial establishment which provides temporary
overnight sleeping accommodations for the general public. No more than five (5)
percent of the individual hotel units shall be occupied for more than ninety (90)
continuous days by the same occupant of the unit. Principal access to all rental
rooms shall be through an inside lobby or office supervised by a person in
charge at all hours. Other typical hotel services must be provided includinq daily
linen and maid service, and receipt and disbursement of keys and mail by the
attendant at the desk in the lobby or office, for the occupants of the hotel. No
hotel facility shall be converted to or used as a multi-family residential dwelling.
Compliance with the restrictions, conditions or limitations set forth in this
definition, shall be certified by the licensee at the time of issuance and renewal
of the applicable City occupational license.
Multi-family residential dwelling shall mean any group of more than four (4)
dwelling units occupying a single building site, composed of one (1) or more
buildinqs.
Residence or residential use shall mean used or intended for use exclusively for
dwelling purposes,,,,~,~,,,~=""~' ''~ ..... .~..~,.,,,..,,.'*'"""* ,,.....,v,r'"*"~- as applied to any lot, plat, plot,
parcel, tract, area or building, but not including hotel rooms.
Section 2. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity
of the remaining sections, sentences, clauses, and phrases of this Ordinance but they
shall remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 3. Inclusion in the Code. It is the intention of the City Commission, and
it is hereby ordained that the provisions of this Ordinance shall become and be made a
part of the Code of the City of Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Ordinance No. 2002 -
Page 3
Section 4. Penalty. Any person who violates any provisions Ordinance
shall, upon conviction, be punished by a fine not to exceed $500.00 or imprisonment in
the County jail not to exceed sixty (60) days or both such fine and imprisonment. Each
day that a violation continues shall be deemed a separate violation. This Ordinance shall
also be subject to enforcement under the Local Government Code Enforcement Act,
Chapter 162, F.S., as amended, and City Code Section 2-331, et. seq., as amended.
Enforcement may also be by suit for declaratory, injunctive or other appropriate relief in a
court of competent jurisdiction.
Section 5. Effective Date. This Ordinance shall be effective immediately upon
adoption on second reading.
The foregoing Ordinance was offered by Commissioner .,
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner ,
who moved its adoption on second reading. This motion was seconded by
Commissioner and upon being put to a vote, the vote was as follows:
Commissioner Jay Beskin
Commissioner Ken Cohen
Commissioner Manny Grossman
Commissioner Harry Holzberg
Commissioner Patricia Rogers-Libert
Vice Mayor Arthur Berger
Mayor Jeffrey M. Perlow
PASSED on first reading this day of ., 2002.
Ordinance No. 2002 -
Page 4
PASSED AND ADOPTED on second reading this
day of_~~_,2002.
ATTEST:
JEFFREY M. PERLOW, MAYOR
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
This Ordinance was filed in the Office of the City Clerk this
day of
,2002.
CITY CLERK
MURRAY B. DUBBIN
Ci~ A~omey
OFFICE OF THE CITY ATTORNEY
f L 0 R ! D
A
(306') 67~7470
COMMISSION MEMORANDUM
TO:
FROM:
SUBJECT:
DATE: MAY 8, 2002
MAYOR DAVID DERMER,
b~MB~RS OF THE CITY COMMISSION
MURRAY IL DUBBIN. ~
PUBLIC
AMI~DMENTS TO MIAMI BEACH c[[~ CODE, ~
~~G ~BB~~.
Pursuant to discussion held by the Miami Beech City Commissioo at ils March 20, 2002 meeting.
attached are three proposed amcodme~ to thc City Code governing lobbyim. Specifically, these
proposals would 1) r~quim tho mmual disclosure of lobbyists' compensation; 2) prohibit certain
representations by lobbyists ofthlrd parties; and 3) prohibit lobbyist contingency fce~
The aRaohed ord/nsncos are in proper form and ready for City Co,,~,~;~ion ~view.
1700 Con~enflon Crater Drive - Fourth ]~,oor - Mbtmi b
Agenda Item
Date
ORDINANCE NO. 2002-3363
AN ORDINANCE OF THE~ MAYOR AND (~r]*~ COMMISSION OF THE
url'¥ OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH CITY
CODE CHAPTER 2, DIVISION 3, SECTION 2-485 THEREOF ENTITLED
"l.l~qT OF EXPENDITURES; FEE DISCLOSURE; REPORTING
REQUIREMENTS", BY REQUIRING DISCLOSURE OF LOBBYISTS'
FEES; PROVIDI~qG FOR REPEALER, SEVERABILrr~', CODIFICATION,
AND EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY TUE. MAYOR AND
COMMISSION OF TRY. ~ OF MIAM] BEACH, FLORIDA:
SECTION I. That Miami Beach City Code Cluq~r 2 entitled'Ai:,~:~.lltmion". Div~on 3 en~tled
~Lobbyists". Section 2-485 lherenf is hereby amended to mid as follows:
(a) On October 1 of each yesr. lobbyists subject to lobbyist realsUmion requirema~ shll
submit to the city clerk a signed statement und~ oath as provided herein li~:..~ all lobbying
expenditm~es in the city for the preceding calendar year. A mtesnent shrill be filed even ifthere hnve
by category, including R~d and beverage, entettoinment, resem~h, communication, media
adverlisins, publications, lravel, locl.~ng and ~cial evmu.
ponaltios which may bo imposed as wovid~d in section 2-455.1, · fine of $50.00 pot day shall be
assessed for repol~ filed after the due date.
(~ ~ The city clet~ ~hall no~ lhe ~atni-l)ade ~utlty C~,m~,;~io~l on ~ca az~d ~
Trust of the fifilure of a lobbyist (c~ _mincitml) to file ~ e~thef of the report~ ~mmced above and/of
pay the m~m~ed fn~ after notification.
(4) ffl A lobbyist for ~cit~ may appeal a fine and may request a h~ring before flxe
Miami-Dade CMmmi~on c~ Ethics trod Public Trust. A request for a hearing on the fine must be
filed with ~ ]~iami-I]~dc ~mmiSsion on l~hics 8nd Public Tt~t within 1~ calend~r d~s of
_rec_~_pt of the notification of the ~ to file the ~equ~ed di~clos~e f~m. The l~iatni-Dade
COmmi~iO~ oll Ethics arid Ptlb]ic Trt~t ~ havo tho II~tlority to W~VO ~ ~ in WhO[O OF in
A11 ordinanc~ orpm~ of ordinaries in conflict herewith be and ~he s~ne are hereby
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, th~a said holding shall in no wsy affect the
validity oftbe rcmalnin8 portions of this ordinance.
It is the intention of the Mayor and City Commlssi~m of the City oflvfiami ~ and
it is hm'~by o~A~i*~l that the provisions oftixis ordinanoc shall become and be made a part of the
Code of the City of Miami Beach, Florid~ The sections of this ordinance may be m~umbet'ed or
relettc~l to accomplish such intention, end thc word "ontinsnco" may be cbenged to "section",
"article,'* m* ot~ appropriate word.
This Or~;-,,-ee ~ ta~e effect the. XSch day of
PASSED and ADOPTED this 8th
A'i-r~ST:
__ day of~
(Requested by Commissioner Matti Bowc~ and Co-sponsored by Cobbie*lone. Simon Cruz, Jose
Smith and Richard Stei~
ORDINANC~ NO. 2002-3364
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AM]~NDING MIAMI BEACH CITY
CODE CHAl~TER 2, DIVISION 3 FANTITI,I~ "LOBBYISTS" BY
CREATING SECTION 2-485A 13qTITLKI} "PROlflnlTED LOBBYING
ACTIVITIES" PRO~L'RIBING CERTAIN REPRESENTATIONS OF TiflRO
PARru~ BY CrrY LOBBYISTS; PROVIDING FOR REPEALER,
8~VERABHaTY, CODIFICATION, AND EI~'I~-~TIVE DATE.
NOW, r]'H'~aF~FORE, BE IT ORDAINED BY THE MAYOR AND CFFY
COMMISSION OF Tl~ ~[r~' OF MIAMI BEACH, FLOBIDA:
SRCTION l. That Miami Beach City Code Chap~ 2 entitled 'A~:-:-'- ~ion', Division 3 enfiliod
"Lob~", is heroby amencl~i via lhe clarion of a Section 2-485A entitled "Prolfibit~! iobby~g
~ ~AI.I~il,
.MI ordinances or parts of o~dhaances in conflict herewith be and the same are hereby
tepe_z!_ed.
~ ~VEIO, BIUTY
If any amion, semen,, ciaus~ or pM of this oraira~:~ is held to be in,aiM or
unc~t~hdlonal by m3y com't of compe%*nt jurisdiction, ~hcn said holdin~ shall in no way ~ ~
validity of the rcmainin$ pofli(~s of this ordimmce.
it is hereby ordained ~hat ~ho provisions or,his ordinsnce ~1! become sad be made a pm~ of the
Code of the City of Miami Beech, Florkh. The sections oft~i~ .ord~zn~ may be re.umbered or
~lettered to accomplish such intention, and the wo~ "o~limmce" may be ch,m~oed tO "section",
"article," ~ other appfopri~ word.
ThisOrdinfm~shlltakgeffectthe 18ch dayof
2002.
(RoquesUd by Co~if~ione~ MaUl Bower ami Co-sponsored by Commi~iouers Sim~u C:mz, Jose
Smith and Richard Steinberg)
2
MURRAY IL DUBBIN
City Attorney
OFFICE OF THE CiTY ATTORNEY
f i. 0 R I D A
Telephone:
COMMISSION MEMORANDUM
~rRoM:
SUB,IgC'T:
DATE: MAY 8, 2002
MAYOR DAVID DERMER,
MEMBERS OF THE CITY COMMISSION
Pu~mm ~o discussion held by the Miami Beach City Co, mi,lssion at its ~ 20, 2002 meeting,
atUched are ti~ee proposed amendments to the City Code govm~ing lobbyists. Sp~i~mlly, ~
propo--~s would 1) require the annual disclosu~ of lobbyim' compewmlon; 2) prohibit c~r~in
representations by lobbyists of third parties; and 3) prohibit lobbyist con~ f~s.
The attached ord~mces are in proper form and ready for City Commin~ion review.
1700 Couventiout Cretin' Drive - Fourth Floor-- Miami Bern
A~nda Item ~'C.
ORDllNANCE NO. 2002-3365
AH ORDENAHCE OF THE MAYOR AND CITY COMMIS~ON OF ~
~;l'i'Y OF MIAMI BEACH, FLORIDA, AMENDING MIAMI BEACH
CODE CHAPTER 2, DIVISION 3 ENTITLED 'LOBBYIgI~', BY
CREATING A SECTION 2-485B ENTITLED "CONTINGENCY FEE
PROHIBITED", PROI~RITIiNG LOBBY/ST CONTINGENCY FEES;
PROVIDING FOR REI~-F~LE~, SEVERABH~ITY, CODIFICATION, AND
EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF ~ CITY OF MIAMI BEACH, FLORIDA:
~ That Miami Brach City Code C~ 2 t~nfitled "Admlni~'afion~, Division 3 entitled
"Lobbyists", is hereby amended via ~he c~afion of a 8ec~i~m 2-48513 entitled "Contingenc~ f~e
pml~'bil~l" to ~ as follows:
~ 2=4~q 1L (~ontln_t*ent? f~ _nrnhild~nd.
~0 _ner~m or eniity tony. in whole m in _mm. _nay. _hive m _n~.ee to _nny or _hive a enmin?
fee M a lnb _byist No lob _byist may. in whole m in_tort, receive ~r _n~ee to reeelve n ~nnttn?mc? fe~.
A~ used ~ #COntra_mmv7_ fi~" n'mnn~ n ~ bcmu~
_~m~-~ntion which i~ ~d~dent on or in nn_v way contin_nent on the ~ defmL or
modi~e~e.- of: tD a~ ~dlnnnee. re.~lutlc, n_ nciion m de~nn of the City Cnmmi~.dnn: f2] any
Imtlom de~i~irm or l~ctmm~ndatlrm of~nv Citv ]~nrd m' commltt~e: oF f3] any stolon, de~islon or
rer,flmrmmdnti,n~ of Citw _n~'~nel dur~ lhe time nerind of the entire
the City Cflmmi~qi~t. or a City bonrd ar
All ordinnnc~ orpam of ordinnnc~ in conflict herewilh be snd the same n~e hereby
~ SEVER~Rn.FFY
If any section, sentn~ce, damc OF phra~ of this ordinance is held to be invalid
uncomtitufional by any c, ourt of coa~geteat ~'~ then mid holding shall in no way affe~ the
validity of the remaining porfiom of this ordinance.
ofthe City of Mhmi Beach, Florlchl. The sections ofthis ord~nancc may be l~m-n~aedm'mleffz~[
to accomplish such intention, ~md the word ~o~l~muce~ may be chs~ed to "section", 'article,' or
This OA4tnn. ce ~hnll take efl'ect the 18th day of l~ty ,2002.
Al'Pr:lOVED AS TO
& r-of:t f~ctmo~
06/03/2002 02~23 ~54B2B5021 CITYOFFTI-I~GR PAGE 82/89
ORDINANCE NO. C-02-09
AN ORDINANCE AMENDING CHAPTER 12, ~ELECTIONS," OF
THE CODE OF ORDINANCES OF THE CITY OF FORT
LAUDERDALE, FLORIDA, AMENDING SECTION 12-1 TO
PROVIDE FOR CAMPAIGN FINANCING PROVISIONS
SUPPLEMENTING STATE LAW; CREATINg SECTION 12-3,
"DEFINITIONS"; CREATIN~ S~CTION 12-4, ~CAMPAIGN
CONTRIBUTION LIMITS AND PROHIBITED
CONTRIBUTIONS," TO PROVIDE FOE CAMPAIGN
CONTRIBUTION LIMITATIONS AND SPECIFYING ENTITIES
AND ORGANIZATIONS PROHIBITED FROM MAKING
CONTRI~UTIONS TO CANDIDATES IN ELECTIONS FOR
MAYOR-COMMISSIONER AND CITY COMMISSIONEE: AND
CREATIN~ ~ECTION 12-5. ~PENALTIES."
W~EREAS, the United States Supreme Court has held in
several instances beginning with the decision in B v. V , 424
U.S. i (1976), that the perception of corruption is inherent in a
system Of large financial contributions to candidates for public
office, and the City Commission of the City of Fort Lauderdale has
determined that it is necessary to prevent corruption and the
appearance of corruption that results from large campaign contributions
and campaign contributions from certain entities and organizations must
be prevented from having an adverse effect on municipal elections for
mayor-commissioner and city commissioner; and
WHEREAS, in the case of Claravella v. Board of County
Commissioners of Sarasota County. et al., No. 99-4201 (Fla. Cir. Ct.
Sept. 10, 1999), local election campaign contribution limits lower than
provided for in Section 106.08, Florida Statutes, have been upheld as
enforceable and constitutional; and
WHEREAS, the City Commission has found =hat it is necessary
for the preservation of the integrity of representative democracy in
the City of Fort Lauderdale to impose llmltations and restrictions on
campaign contributions, which includes direct expenditures on behalf of
candidates, in municipal elections in order to remove the perceived
corruption stemming from candidate dependence upon large contributors
and contributors such as corporations, special interest groups and
other entities and organizations; and
I C-02-09
ORDINANCE NO. C-02-09
I,~.I~RRAS, the United States Supreme Court has found that
when the perception of corruption is not addressed, the resulting
cynical assumption of voters that large donors unduly influence the
work of government could jeopardize the willingness of voters to
par~icipate in the democratic process of representative government;
and
WHEREA~, the City Co~ission has loud that the public's
awareness of the possibilities of abuse and corruption arising from
large contributors and contributions from certain entities and
organizations erodes the public's confidence in the democratic system
and in the integrity of municipal elections in the City of Fort
Lauderdale; and
WHEREAS. the City Commission has determined that in order
to prevent the appearance 0£ undue influence and access to candidates
by contributors and to prevent candidates £rom gaining an unfair
advantage in the political marketplace, it iS necessary to address the
potentlal for abuses associated with campaign contributions, including
direct expenditures, by entities formed for business purposes such as
corporations, limlted liability companies, professional associations,
national and state banks, unincorporated associations, labor
organizations, and limited partnerships, limited liability
partnerships, and general partnerships, as well as special interest
groups such as political committees, political action committees,
committees of continuous existence and unincorporated associations; and
WHEREAS, business entities and entities formed £or business
purposes have the ability to amass great wealth in the economic
marketplace and to utilize such wealth to disproportionately impact
municipal elections with campaigncontrlbutlons, which unfairly
influences elections and creates the perception that public officials
may be influenced by special interests to the public detriment; and
~IIEREAS, resources in the treasury and accounts of a
business entity are not an indication of popular support of the
entity's political ideas, but instead reflect the economically-
motivated decisions of investors, owners, and customers; and
06/03/2002 02:23 9548285021 CITYOFFTLMGR PAC~ 84/89
ORDZNANC~ NO. C-02-0~ P~GS 3
WHEREAS, the City Commission has determined that in order
to prevent abuses that are likely to result from an ordinance limiting
campaign contribution amounts and prohibiting specified business
entities from contributing to a candidate, it is necessarY to prohibit
contributions from other groups and organizations to inhibit
circumvention of the ordinanoe's contribution limitations; and
WHEREAS, there is a danger that a candidate's reliance on
contributions from corporations, special interest groups and other
entities and organizations for election assistance will impair such
candidate's ability to make independent choices; and
WHEREAS, the City Commission has determined that the
appearance of quid pro quo relationships between special interest
contributors and political recipients, whether or not it exists,
seriously undermines public confidence in the political system, and has
the potential for disproportionate impact on elections in the City of
Port Lauderdale; and
WHEREAS, the City Commission has determined that campaign
contributions in previous elections demonstrate that candidates can
amass the resources necessary to participate effectively in the
electoral process, by means of contributions from individuals and
without relying ou contributions from corporations, special interest
groups and other entities and organizations; and
WHEREAS, the City Commission has determined the campaign
finance provisions of this ordinance will eliminate the appearance of
and the potential for undue and unfair influence on elected city
officials helping to instill more faith and trust in government, will
ensure that competition among candidates in the political arena is
truly a competition of political ideas, and will level the playing
field for qualified individuals, who may not otherwise choose to run
for public office, desiring to devote the time and effort necessary
seek and held the office of mayor-commissioner or city commissioner of
the City of Fort Lauderclale;
C-02-09
86/83/2882 82:23 9548285021 CITYOFFTLMGR PAGE 05/09
ORDINANCE NO. C-02-09
PAGE 4
NOW, THEREFORe, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF FORT LAUDERDALE, FLORIDA:
~,~. That Section 1~-1~ entitled "State law to apply," of the
Code of Ordinances o~ the City of Fort Lauderdale, Florida
is hereby amended as follows:
Sec. 12-1. State law to apply.
Ail city elections shall be conducted in accordance with
the requirements set forth ~n Florida Statutea~_~.~
the coexlstino Drovleions of this chanter.
SECTION2. That Section 12-3, entitled "Definitions," of the Code of
Ordinances of the City of Fort Lauderdale, Florida is
hereby created as follows:
For the nur~oses of this chanter, the followln~ terms.
~hrm~es. words and their derivation~ shall have the meaning
~iven herein. When not inconsistent with the context,
words used in the nresent tense include the future tens~,
words ~ the nlural n~T ~nclude the slnuular number, an~
words in the singular number include the ulural numbe~,
Words not defined in this article shall be defined ~
accordance with state and federal law or otherwise shall b~
~iven their common and ord~narvmeanln~, unles~ the context
c!earlv Provides otherwise,
Candidate shall have the mean{n~iven to such term
in Chapter 10~. Florida Statutes. as amended from
Committee of continuous existence ~hall have
~eanin~ ~iven to such term in~b~ter 106. Flori~
Statutes. as amended from time to time
C-02-09
06/83/2002 82:23 9548285821 ClTYOFFTLI,~C-~ PAGE 86/89
ORDINANCE NO. C-02-09
(e)
(q
Con~r~ibutio~ ~hall have the meanin~ olden to such
J~rm in Chanter 10~. FloridaStatutes. as amend~
from time to time. An independent exDenditu~e, a~
that term is defined in Cha~ter 106. Flort~
Statutes. is not included within the mean~n~ o¢
Labor or~amization or ~n4~u mean= any oroan~atlon
Of any kln~. or any agency or em_nlo¥~¢
=e~resentatlon committee or_p/an, in which
emulovees participate an~ which exists fo~ th~
D~trDOSe. in whole or in Dart. o~ Qeallno with
emDlover~ concernin~ oTievances, labo=disnutes.
wanes, rates of Day. hour~ of employment. Or
conditions of wor~.
Natural ~mr$on shall mean an~ human beino other
than an ~em~ne~nated child ~nder the aoe
Political Committee shall have the ~ean~ oiven ~0
such te~-m in Chapter 10~. Florida Statutes. ae
amended from time to t~me_
O~incoroorated association means any ~rOUD OP
natural persons ~oTmed [or a common our~os~ Or
UnonDosed candidate shall have tb~ ~ean~n~ oiven ~0
such term in Section 106.011{1~1. Florida Statutes,
as amended from time to time~
~. That Sec~£on 12-4, entitled "Campaign contribution limits
and 9rohibite~ ¢ontrihu~ions,, of the Code of Ordinances of
the City of Fort Lauderdale, Florida is hereby created as follows:
C-02-09
ORDINANCE NO. C-02-09
PA~E 6
It shall be unlawful for any natural oersonj eithe~
directly Or indirectlv~ to make contributions tO
any candidate with respect to any ele=t~on for
office of mayor-commissioner or city commissioner.
which, in the aeore~ate, exceed
It shall be unlawful for any candidate or other
natural person to knowlnglv accept or receive an~
campaign contribution nrohiblte~ bV thin section,
The contribution limitations of th~s section apulv
to each election conducted to fill a particular
office. Each 9r/mary. snecial and ~enera]
elect~on are separate ~lsctlons provided the
candidate is not an unopposed candidate.
No cOntribution mhall be made to any tend{date with
resDect to any election for the office of mayor-
commissioner or city commissioner, except by
natural person. It shall be unlawf~:l for
entity or or~anization listed below to make
contribution in connection with any primary.
general, or s~ecial elect~on held to select
candidates for ma¥or-co~issioner or
commissioner, or for any candidate orJDther
=o accent or ~ecelve any contribution nrohiblted bs,
this section, or any officer or director of any
entltV or or~anization below to consent to any
cont~ibution by the entity'or oruanization, as
_case may be. prohibited bv this section:
any cornoration, corooration not for Droflt,
DartnershfD. limited Partnership. llmite~
liability partnership, as~ociatio~
cooperative. 4oint venture, business tr%/st.
limited liability company. ProfeSSional
sez-vice corooration, or sole nroDrietQrsh]?
organized under the laws of the Stat~ O~
C-02-09
06/83/2002 02:23 9548285021 CITYO~FTL~R
ORDIN~/qCE N0. C-02-09
PA~E 7
[3!
Florida or any other state or fore~un country.
and as defined in Florida Statute8!
any bank or f~nanclal institution oraan~zed
doina bus~ness un,er the laws of the United
States. the State of Florida or any other
any labor oroan~zatlon or union;
any Political committee or ~olitlcal action
any committee of COntinuous exlstence!
any unlncorDo=ated association.
~J~_{. That Section 12-5, entitled "PenalCles," of the Code of
Ordinances of the City of Fort ~auderdale, Florida is'
hereby created as follows:
Anv candidate, natural ~erson. entity or or~anlZation wh,,
violates, nermit~ to be violated or causes to be violate,]
any provision of this chauter shall, uPOn such a ~indino ~y
a court of comuetent 4urisdiction. be assessed a clv~l fin~
in an amount not to exceed five hundred ~500.00) dollaz.'
$-~-C~QN_~. That if any clause, section or other part of this Ordinance
shall be held invalid or unconstitutional by any Court of
competent jurisdiction, the remainder of this Ordinance shall not be
affected thereby, but shall remain in full force and effect.
ii e-o2-o~
06103/2002 02:23 9548285021 ClTYOFFTLMGR PAGE 09/89
ORDINANCE NO. C-02-09
PA~E 8
S~CTION6. That all ordinances or parts of ordinances in conflict
herewith, be and the same are hereby repealed.
That this Ordinance shall be in full force and effect
immediately upon passage.
PASSED FIRST READIN~ this the 23rd day of April, 2002
PASSED SECOND READING this the 7th day of May, 2002
Ma~or ~ '
JIM NAUGL F.
ATTEST:
C-02-09
BILZlN .$UMBERG DUNN BAENA PRICE & AXELROD LLP
A PARTNERSHIP OF PROFESSIONAL ASSOCIATIONS
~1~oo FIRST UNION FINANCIAL CENTER
June 5,2002
Eric Soroka, City Manager
City of Aventura
19200 W. Country Club Drive
Aventura, FL 33180
VIA COURIER
8. No FAR requirements; and
\75061\16395~571207 vi
6/5/02
Dear Mr. City Manager:
Consistent with our past conversations and my presentation to the City Commission,
I would like you to review and analyze the following modifications to the RMF-3B
Ordinance. A conditional use, pursuant to the following standards:
A density not to exceed 40 units per acre;
The average square footage per unit shall not be less than 1,500 square feet
per unit;
The maximum height is proposed at 10-stories, which is not to exceed 110
feet to top of roof;
The applicant is required to demolish all existing non-conforming buildings
on the site on or before August 1, 2003;
The applicant will be required to pay up front impact fees in accordance with
previous directives of the City;
The developer will agree to dedicate and construct, at its own cost, a sidewalk
fronting N.E. 188th Street, as well as a promenade along the finger canal;
The Promenade shall be counted toward open space and density calculations;
RE: Proposed Conditional Use; Thunder Alley District
B~LZIN SUIVlB£RG DUNN BAENA PRICE: & AX£LROD LLP
Mr. Eric Soroka
June 5, 2002
Page 2
Private property underwater can be counted toward open space in density
calculations.
For your edification, I am enclosing a copy of a proposed floor plan for my client's
site located on the south side of 188th Street. This proposed plan under the above scenario
would result in a density of less than 40 units to the acre.
I strongly suggest that under the existing RMF-3B medium density residential district
category, the City is assuring that small rental units will be built along Thunder Alley in
order to achieve the maximum present density of 35 units to the acre. While there may be
a need within the City to provide rental units, it is in my opinion counter-productive to not
permit larger condominium units for families in order to service the proposed charter school,
as well as to create a critical mass for the utilization of the proposed Town Center at
Loehman's Plaza.
I will, of course, be more than happy to meet with you and your staffto further refine
this proposal and answer any questions you may have.
Respectfully yours,
Stanley B. Price
SBP:cm
Encl.
cc: Mr. Glenn Laken
Ms. Susan Fried
Ms. Joanne Carr
\75061\16395~571207 vi
6/5/02
VIA FAX & P. m3ULAIt MAIL
~ R,d~,M4 (}l, OUl~-,~'S Ft~hifln I*bnd
Doer Mr. Soroh:
As )~u know. this or,ce rel~uem. Ihe Rdmat Omup nd we ire in the proce~ of
,,~ alto plm te,4ew rot die fir~ plmo of b red~ oF Lodmmm's Fubion bbnd-
wouM reolri~ the nbilily of my devdoMr to ereilo · wo~.ablo end finsnoilJly fk~ibb
~t pmjm fbr thls ~ size. which is eavbioned to be tho omtUr-l~OOo of b
TC-! zooJ~dlstrl~. Whbit bnot ,muauel to fmdmmhinommbten~e~ when a thmx~o~ly
zonin{ code b specificgly q~mlied to a" rui" pr~ the LDRs of ~he Ci~ ~ m ~w ~
Vsrianem, however, are a dittleult bpi pmbknn due to ~ peammteel dlilleuluy in
proviuib u ~,w~uired by )~,ur i. Dib, s kpl "hmbhlp". Whil~ doin{ so is not m imposu~ility, it
is mm gut a tmo Iosti haldd~ ¢,an be shown in tho history of Florida zonin8 law. As a remdt,
such vL-iaucea may nlm sub, eot au~a · project to difficult, Imgthily tnb eontly ~ scrutiny if
On the olha'bnd, it is ubo ixMmtl~ ~u~ the C~mimku m dui wlth the~ reno inuee in
a nu~ i'L~tb~ lepi way...mi ~lmis ~hrouih ~be "~nditionsl use' ela~Ovd pn~m. ~n
o~som~ the ~ idmtifled below, are e~ill ~ bv tho r,__,~,,~ ,,,~,.;~ gI · uublic J,~.ri,,~ but
hod, the develeyer md rise City hlv~ n~m I~d {l~dbili~ ~o judp duse mmuro on a pt~ee~
spe~lfJ~ basis,
publ~ hoa~ns Moceu. 'file anundmeat wiJl add tim follow~nE m conditiomd useo ~n ~h~ ?C-I
zonin~ dis~ct:
Ploor arum iht ar~ lm than the minimum t~r ax'~a~
S~otumt imklns ~at is not inco~orst~d into the bm'Idles envelope of ·
ptinu~ uso m'ucture
S~tured pui~i~_~ that con be seen from a pr~ uso INildlns nnd ~lmt do~s
not lmvo tho ~ea of tho top bvel laflds~:aped ancFoe dtF, orativ~¥ paved in
orckn' to provide amenity areas for t~ldin~ occupants,
~vev~y sMndards. Driveways for mixed-use projects ex~Moding twenty
(20) m in s~ may oonuin driv~vays with ~ s~u-mion of less than
feet of lambcq~ fro~q~ m ~on8 ss it k det~'~ned, -- pm of she phn
a. 1~ b th~ to~al l~Ct t~e ~._ _~, the minimum requh'enuf~ of
~hfs Cod~
b. It is de~nn~sd tbzoush ~c ~ ~hst a I~se~ di~an~e b~smen
U'Lqlc.
We would respe~hlly l,~ques~ thc Commlmion amslder the~ proposed chants at
em~est oonvuieflce.
If tha~ oro my que~ons r~trdln~ thls mattt~, phase f~l fl~e to call.