07-01-2008
City Commission
Susan Gottlieb, Mayor
A~e City of
~ventura
City Manager
Eric M. Soroka, lCMA-CM
Zev Auerbach
Bob Diamond!
Billy Joel
Teri Holzberg
Michael Stern
Luz Urbaez Weinberg
City Clerk
Teresa M. Soroka, MMC
City Atto.mev
Weiss Serota !Helfman
Pastoriza Cole & Boniske
AGENDA
JULY 1, 2008 6 PM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER\ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. AGENDA: Request for Deletions/Emergency Additions
4. SPECIAL PRESENTATIONS:
Employee Service Awards
5. CONSENT AGENDA: Matters included under the Consent Agenda are self-explanatory and are not
expected to require discussion or review. Items will be enacted by one motion. If discussion is desired by any
member of the Commission, that item must be removed from the Consent Agenda and considered separately.
A. APPROVAL OF MINUTES:
June 3, 2008 Workshop Meeting
June 3, 2008 Commission Meeting
June 19,2008 Workshop Meeting
B. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF A VENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY AS
SURPLUS TO THE NEEDS OF THE CITY; DESCRIBING THE
MANNER OF DISPOSAL; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
C. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED SECOND
AMENDMENT TO THE CHARTER SCHOOL CONTRACT FOR
THE A VENTURA CITY OF EXCELLENCE SCHOOL
BETWEEN THE CITY OF AVENTURA AND THE MIAMI-
July 1, 2008 Commission Meeting
DADE COUNTY SCHOOL BOARD; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
D. A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
DELVISTA TOWERS CONDOMINIUM ASSOCIATION, INC.
AND THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE.
6. ZONING HEARINGS: QUASI-JUDICIAL PUBLIC HEARINGS - Please be advised that the following
items on the Commission's agenda are quasi-judicial in nature. If you wish to object or comment upon any of these items,
please infonn the Mayor when she requests public comments. An opportunity for persons to speak on each item will be made
available after the applicant and staff have made their presentations on each item. All testimony, including public testimony
and evidence, will be made under oath or affinnation. Additionally, each person who gives testimony may be subject to
cross-examination. If you refuse either to be cross-examined or to be sworn, your testimony will be given its due weight. The
general public will not be pennitted to cross-examine witnesses, but the public may request the Commission to ask questions
of staff or witnesses on their behalf. Persons representing organizations must present evidence of their authority to speak for
the organization. Further details of the quasi-judicial procedures may be obtained from the Clerk.
None.
7. ORDINANCES: FIRST READING - PUBLIC INPUT: None.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 18
"BUSINESS REGULATIONS,TAXES AND PERMITS", BY CREATING
ARTICLE IV" POLICE COST RECOVERY"; CONSISTING OF
SECTION 18-80 "RECOVERY OF COSTS FOR FAILURE OF
RESPONSIBLE PERSON TO APPEAR ON BEHALF OF BUSINESS";
PROVIDING A MECHANISM FOR THE RECOVERY OF COSTS
INCURRED BY THE CITY POLICE DEPARTMENT UNDER
CIRCUMSTANCES IN WHICH A CRIMINAL PROSECUTION IS
ABANDONED, DISMISSED OR FAILS AS A DIRECT RESULT OF
THE FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN LAW
ENFORCEMENT OR COURT PROCEEDINGS, ON BEHALF OF THE
OWNER OR OPERATOR OF A BUSINESS ESTABLISHMENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR PENALTY; AND PROVIDING FOR AN
EFFECTIVE DATE.
2
July 1, 2008 CnmmiAAion Meeting
9. RESOLUTIONS - PUBLIC HEARING: None.
10. REPORTS
11. PUBLIC COMMENTS
12. OTHER BUSINESS: None.
13. ADJOURNMENT
SCHEDULE OF FUTURE MEETINGS/EVENTS
COMMISSION MEETING
JUL Y 17,2008
9 A.M.
COMMISSION WORKSHOP
JULY 17,2008
following 9 A.M. meeting
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, 305-466-890 I, not later than two days prior to such proceeding. One or more members of the City of A ventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, A ventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
3
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MINUTES
CITY COMMISSION WORKSHOP
MEETING
JUNE 3, 2008 5 P.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 5
p.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz
Urbaez Weinberg, Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
1. SHUTTLE BUS SERVICE SURVEY (Citv Manaoer): Mr. Soroka distributed a letter from
the company providing current shuttle bus services indicating that they would not be able to
provide additional buses on Saturday should the Commission choose to implement that
service. He then requested direction from the Commission regarding the proposed survey.
CITY MANAGER SUMMARY: Consensus not to proceed with survey at this time.
2. PROPOSED NAMING RIGHTS AGREEMENT (Citv Manaoer): Mr. Soroka discussed his
meetings with representatives of Turnberry Associates regarding negotiations for naming
rights of certain city facilities.
CITY MANAGER SUMMARY: Consensus to proceed with Naming Rights Agreement for
the Arts & Cultural Center and resolution renaming Waterways Park in memory of Harry
Soffer.
3. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned at 6
p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
A'!be Qtv rl
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MINUTES
CITY COMMISSION MEETING
JUNE 3, 2008 6 PM
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at 6:07 p.m. by
Mayor Susan Gottlieb. Present were Commissioners Bob Diamond, Teri Holzberg, Billy
Joel, Michael Stern, Luz Urbaez Weinberg, Vice Mayor Zev Auerbach, Mayor Gottlieb,
City Manager Eric M. Soroka, City Clerk Teresa M. Soroka and City Attorney David M.
Wolpin. As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCE: Led by Julie Israel and Stuart Wagner.
3. AGENDA: REQUESTS FOR DELETIONS/EMERGENCY ADDITIONS: None.
4. SPECIAL PRESENTATIONS:
5. CONSENT AGENDA: A motion to approve the Consent Agenda was offered by
Commissioner Joel, seconded by Vice Mayor Auerbach, passed unanimously and the
following action was taken:
A. The following minutes were approved:
May 6, 2008 Commission Meeting
May 15, 2008 Special Meeting
B. The following motion was approved as follows:
MOTION AUTHORIZING THE APPROPRIATION OF UP TO $110,000
FOR E-911 ENHANCEMENTS AND FOR THE PURCHASE OF CROWD
CONTROL EQUIPMENT FROM POLICE FORFEITURE FUND IN
ACCORDANCE WITH THE CITY MANAGER'S MEMORANDUM
C. Resolution No. 2008-26 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA DECLARING CERTAIN PROPERTY LISTED
UNDER THE ASSETS OF THE CITY AS SURPLUS TO THE NEEDS OF
THE CITY; DESCRIBING THE MANNER OF DISPOSAL; AUTHORIZING
THE CITY MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING AN
EFFECTIVE DATE
D. Resolution No. 2008-27 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA, APPROVING SIXTH AMENDMENT TO
EMPLOYMENT AGREEMENT BETWEEN THE CITY MANAGER AND
THE CITY OF AVENTURA; PROVIDING MERIT BONUS; PROVIDING
AN EFFECTIVE DATE.
E. Resolution No. 2008-28 was adopted as follows:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
AVENTURA, FLORIDA AUTHORIZING THE CITY MANAGER TO
EXECUTE AND OTHERWISE ENTER INTO THAT CERTAIN LEASE
AGREEMENT BETWEEN THE CITY OF AVENTURA AND U. S.
REPRESENTATIVE DEBBIE WASSERMAN SCHULTZ FOR OFFICE
SPACE IN THE CITY OF AVENTURA GOVERNMENT CENTER;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
6. ZONING HEARINGS: None.
7. ORDINANCES: FIRST READING/PUBLIC INPUT: Mr. Wolpin read the following
ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA; AMENDING THE
CITY CODE BY AMENDING CHAPTER 18 "BUSINESS
REGULATIONS,TAXES AND PERMITS", BY CREATING ARTICLE IV"
POLICE COST RECOVERY"; CONSISTING OF SECTION 18-80 "RECOVERY
OF COSTS FOR FAILURE OF RESPONSIBLE PERSON TO APPEAR ON
BEHALF OF BUSINESS"; PROVIDING A MECHANISM FOR THE RECOVERY
OF COSTS INCURRED BY THE CITY POLICE DEPARTMENT UNDER
CIRCUMSTANCES IN WHICH A CRIMINAL PROSECUTION IS
ABANDONED, DISMISSED OR FAILS AS A DIRECT RESULT OF THE
FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN LAW
ENFORCEMENT OR COURT PROCEEDINGS, ON BEHALF OF THE OWNER
OR OPERATOR OF A BUSINESS ESTABLISHMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
Police Chief Steven Steinberg addressed the Commission and explained the
need for the proposed legislation. A motion for approval was offered by
Commissioner Weinberg, and seconded by Commissioner Diamond. Mayor
Gottlieb opened the public hearing. There being no speakers, the public hearing
was closed. The motion for approval passed unanimously by roll call vote.
8. ORDINANCES: SECOND READING/PUBLIC HEARING:
2
A. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA AMENDING
THE CITY CODE BY AMENDING ARTICLE II "LOCAL BUSINESS
T AXES"OF CHAPTER 18 "BUSINESS REGULATIONS, TAXES AND
PERMITS" BY AMENDING SECTION 18-32 "TERM OF RECEIPT;
HALF YEAR RECEIPT; TRANSFER OF RECEIPT"; AMENDING
SECTION 18-41 "HOME OCCUPATION RECEIPTS"; AND AMENDING
SECTION 18-42 "TAX SCHEDULE" TO CONFORM WITH RECENT
REVISIONS TO FLORIDA STATUTE CHAPTER 205 TO ESTABLISH
NEW RATE STRUCTURES FOR LOCAL BUSINESS TAX RECEIPTS
BY PROVIDING AN INCREASE OF UP TO TEN (10%) PERCENT;
PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; AND PROVIDING FOR AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Weinberg, and
seconded by Commissioner Stern. Mayor Gottlieb opened the public
hearing. There being no speakers, the public hearing was closed. The
motion for approval passed unanimously by roll call vote and Ordinance
No. 2008-11 was enacted.
B. Mr. Wolpin read the following ordinance by title:
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING
THE CITY OF AVENTURA COMPREHENSIVE PLAN BY ADDING AN
'EDUCATION ELEMENT'; BY AMENDING POLICY 2.4 OF OBJECTIVE
2 OF THE CAPITAL IMPROVEMENT ELEMENT TO ADD LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOLS AND FOR THE CITY
OF EXCELLENCE SCHOOL; BY ADDING A NEW POLICY 4.18 OF
OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO
ADOPT BY REFERENCE THE MIAMI DADE COUNTY PUBLIC
SCHOOLS FACILITIES WORKPLAN; BY RENUMBERING EXISTING
POLICY 4.18 TO POLICY 4.19 OF OBJECTIVE 4 OF THE CAPITAL
IMPROVEMENT ELEMENT AND AMENDING THIS POLICY TO ADOPT
BY REFERENCE THE CITY OF AVENTURA 2007/08-2011/12 CAPITAL
IMPROVEMENT PLAN; BY ADDING NEW POLICY 4.20 OF
OBJECTIVE 4 OF THE CAPITAL IMPROVEMENT ELEMENT TO
ANNUALLY EVALUATE THE MIAMI-DADE COUNTY PUBLIC
SCHOOLS FACILITY WORK PROGRAM; BY AMENDING AND
ADDING PUBLIC SCHOOL FACILITIES TO THE CONCURRENCY
MANAGEMENT SECTION OF THE CAPITAL IMPROVEMENT
ELEMENT; BY ADDING A NEW POLICY 1.21 TO OBJECTIVE 1 OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT TO
EXECUTE AND FOLLOW THE PROCEDURES IN THE ADOPTED
3
"AMENDED AND RESTATED INTERLOCAL AGREEMENT FOR
PUBLIC SCHOOL FACILITIES PLANNING IN MIAMI-DADE COUNTY
AND TO COORDINATE THE ESTABLISHMENT OF LEVEL OF
SERVICE STANDARDS FOR PUBLIC SCHOOL FACILITIES AND TO
RENUMBER EXISTING POLICIES 1.21 THROUGH 1.24 INCLUSIVE OF
THE INTERGOVERNMENTAL COORDINATION ELEMENT TO
POLICIES 1.22 THROUGH 1.25 INCLUSIVE; PROVIDING FOR
TRANSMITTAL TO THE AGENCIES AS REQUIRED UNDER CHAPTER
163, PART II, FLORIDA STATUTES; AND PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Wolpin announced that interested citizens who would like to receive
information from the Department of Community Affairs regarding the
Notice of Intent on this issue should sign the appropriate sheet with
Planning Director Joanne Carr. A motion for approval was offered by
Commissioner Stern, and seconded by Commissioner Holzberg. Mayor
Gottlieb opened the public hearing. There being no speakers, the public
hearing was closed. The motion for approval passed unanimously by roll
call vote and Ordinance No. 2008-12 was enacted.
9. RESOLUTIONS - PUBLIC HEARING: Mr. Wolpin read the following resolution by
title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA,
FLORIDA, ACCEPTING AND ADOPTING IN PRINCIPLE, SUBJECT TO
ANNUAL REVISION AND AUTHORIZATION, THE CITY OF AVENTURA
CAPITAL IMPROVEMENT PROGRAM DOCUMENT FOR FISCAL YEAR
2008/09 TO 2012/13 AUTHORIZING THE CITY MANAGER TO DO ALL
THINGS NECESSARY TO CARRY OUT THE AIMS OF THIS RESOLUTION;
AND PROVIDING AN EFFECTIVE DATE.
A motion for approval was offered by Commissioner Joel, and seconded by Vice
Mayor Auerbach. Mayor Gottlieb opened the public hearing. There being no
speakers, the public hearing was closed. The motion for approval passed
unanimously and Resolution No. 2008-29 was adopted.
10. REPORTS: As presented.
11. PUBLIC COMMENTS: Bob Burroughs.
12. OTHER BUSINESS: None.
4
13. ADJOURNMENT: There being no further business to come before the Commission
at this time, after motion made, seconded and unanimously passed, the meeting
adjourned at 6:30 p.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
5
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MINUTES
CITY COMMISSION WORKSHOP
MEETING
JUNE 17, 20089 A.M.
Aventura Government Center
19200 W. Country Club Drive
Aventura, Florida 33180
CALL TO ORDER/ROLL CALL: The meeting was called to order by Mayor Susan Gottlieb at 9
a.m. Present were Commissioners Bob Diamond, Teri Holzberg, Billy Joel, Michael Stern, Luz
Urbaez Weinberg, Vice Mayor Zev Auerbach, Mayor Gottlieb, City Manager Eric M. Soroka, City
Clerk Teresa M. Soroka and City Attorney David M. Wolpin. As a quorum was determined to be
present, the meeting commenced.
Mr. Soroka requested that an Executive Session to discuss PBA collective bargaining
negotiations be scheduled for 5 p.m. on Tuesday, July 1, 2008. Consensus to proceed.
1. ARTS & CULTURAL CENTER PROJECT UPDATE (Citv Manaqer): Mr. Soroka
introduced Ian Nestler, PGAL, the city's architect for this project, who reviewed a powerpoint
presentation showing the architectural renderings of the proposed facility. Mr. Soroka
discussed the timeline and costs for this project.
CITY MANAGER SUMMARY: Consensus to proceed.
Commissioner Stern inquired as to whether or not it would be feasible to study
implementation of a 4-day work week for city employees. Consensus not to proceed at this
time.
2. ADJOURNMENT: There being no further business to come before the Commission at this
time, after motion made, seconded and unanimously passed, the meeting adjourned at
10:15 a.m.
Teresa M. Soroka, MMC, City Clerk
Approved by the Commission on
Anyone wishing to appeal any decision made by the City Commission with respect to any matter considered at a meeting or hearing
will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is to be based.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: June 6, 2008
SUBJECT: Resolution Declaring Equipment Surplus
July 1, 2008 Commission Meeting Agenda Item 5 8
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution declaring
certain equipment and a K-9 Dog as surplus to the needs of the City.
BACKGROUND
Section 2-258 of the City Code of Ordinances provides that any property owned by the
City which has become obsolete or which has outlived its usefulness may be disposed
of in accordance with procedures established by the City Manager, so long as the
property has been declared surplus by a resolution of the City Commission.
If you have any questions, please feel free to contact me.
EMS/act
Attachment
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA DECLARING CERTAIN
PROPERTY LISTED UNDER THE ASSETS OF THE CITY
AS SURPLUS TO THE NEEDS OF THE CITY;
DESCRIBING THE MANNER OF DISPOSAL;
AUTHORIZING THE CITY MANAGER TO DO ALL THINGS
NECESSARY TO CARRY OUT THE AIMS OF THIS
RESOLUTION; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Manager desires to declare certain property as surplus to
the needs of the City; and
WHEREAS, Ordinance No. 2000-09 provides that all City-owned property that
has been declared surplus cannot be disposed of prior to the preparation and formal
approval of a resolution by the City Commission.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. Recitals Adopted. The above recitals are hereby confirmed and
adopted herein.
Section 2. The property listed on Exhibit "A" has been declared surplus and is
hereby approved for disposal.
Section 3. The City Manager is authorized to dispose of the property listed on
Exhibit "A" through a public auction, sale, trade-in, transfer to other governmental
agency or, if of no value, discarded.
Section 4. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 5. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _' who moved its
adoption. This motion was seconded by Commissioner _' and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 1st day of July, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CITY OF AVENTURA
1"1-. ,- "".
l,,- " 1 ~
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
,-
TO: Eric M. Soroka, City Manager
~ -
FROM: ~ St~~rg, Chief of Police
DATE:
17 June 2008
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
See attached list of AED's
CITY OF AVENTURA
POLICE DEPARTMENT
MEMORANDUM
TO: Steve Steinberg, Chief of Police
Through: Deidre Fogelgren, Commander
FROM: Rita G. Noa
DATE: June 17, 2008
SUBJECT: Surplus -AED's
We request that the following items be surplus:
PN
3005400-000005
Serial Number
12544085
12544092
12539933
12539934
12544095
12544074
12539630
12544083
12544080
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO: Eric M. Soroka, City Manager
~ .\!
FROM: ~n Steinb;rg, Chief of Police
DATE: 2 June 2008
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
I would like to surplus the attached list of Epson TMU 590 printers.
POLICE DEPARTMENT
MEMORANDUM
CITY OF AVENTURA
TO: Commander Foge~g
FROM: Lt. Labombard
SUBJECT: Request fo urplus (Ticket Printers)
Date: May 29,2008
Commander,
Please have the following printers designated as surplus property. These printers are
being returned to APS for credit towards the purchase of the new thermal style printers.
Ten printers in total are being returned.
EDSon Model # TMU 590
ARWG000246
ARUG000196
ARWK000883
ARWK000888
ARUG000344 - City # 1530
ARWG000247 - City # 1480
ARUK001137
ARUK001376
ARWK000691 - City # 1491
Serial # Destroyed - Unknown
CITY OF AVENTURA
POLICE DEPARTMENT
INTER OFFICE MEMORANDUM
TO:
a, City Manager
FROM: St ven Steinberg, Chief of Police
DATE: 28 May 2008
SUBJECT: Surplus Property
I would like to have the below listed city property declared Surplus Property as
per City of Aventura APDP, Chapter 6, Subsection 5, Page 1 as these items
have become inadequate for public purposes:
K-9 Cody
Kg Cody was purchased by the city and assigned to Sgt. Smith as his Kg
partner. After many years of valuable service Kg Cody has been retired due to
medical reasons.
Upon approval of the Commission in declaring the Kg surplus property of the city
I would like to have permanent ownership of the Kg given to Sgt. Smith at no
cost. This is something we have done in the past for other retired Kg's and their
assigned handlers. Sgt. Smith has agreed to care for, and maintain, the Kg as
his private pet in his home.
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
TO: City Commission
FROM: Eric M. Soroka, ICMA-CM, Cit
DATE: June 9, 2008
SUBJECT: Resolution Authorizing Execution of Second Amendment to the
Existing Charter School Contract to Provide for Addition Classrooms
July 1, 2008 City Commission Meeting Agenda Item 5 C
RECOMMENDATION
It is recommended that the City Commission adopt the attached Resolution authorizing
the execution of the Second Amendment to the existing Charter School Contract with
the Miami Dade County School Board to provide for the addition of ten (10) classrooms
and seventy two (72) students in order to meet the Florida Class Size Mandate
Legislation.
BACKGROUND
In March of this year, the City Commission authorized the Administration to pursue the
implementation of an Action Plan which provides for the construction of ten (10)
additional classrooms at the Aventura City of Excellence School to be available for the
2009/10 school year to address the Florida Class Size Mandate Legislation.
In order to comply with the class size requirements the following plan was
recommended:
. Construct ten (10) new classrooms for 2009/10 school year. In order to minimize
the impact of construction on the School, it is proposed four classrooms will be
built adjacent to the Elementary Wing and six adjacent to the Middle School
Wing at a cost of $1.6 million.
. Hire eleven (11) new teachers for 2009/10 school year.
. Beginning in the 2009/10 school year, expand the total number students by eight
(8) per grade for a total of seventy two (72). This will generate approximately
$432,000 in funding to assist in offsetting the costs associated with hiring
additional teachers.
Memo to City Commission
Page 2
In order to begin the process, the City was required to file a request to Miami-Dade
County Public Schools to amend our current charter contract to increase the total
number of students by eight (8) per grade for a total of seventy two (72) students. The
request was presented to the Charter School Contract Review Committee for
consideration and recommended to the Superintendent of Schools, who in turn
presents it to the School Board. On June 18, 2008, the Miami Dade County School
Board approved the amendment.
The major points of the amendment are as follows:
. Updates all pertinent sections that were revised by State Statue since the
passage of the last amendment to the contract.
. Increases the school capacity from 900 to 972 students beginning in the 2009/10
school year.
. The name of the School Advisory Board has been revised to School Advisory
Committee to avoid confusion with the School Governing Board which is the City
Commission.
. The remainder of the Amendment contains the previous provisions adopted in
the original Contract and the first Amendment.
A RFQ to obtain the services of a firm to design and build the classroom additions will
be issued this month.
If you have any questions, please feel free to contact me.
EMS/
Attachment
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED SECOND
AMENDMENT TO THE CHARTER SCHOOL CONTRACT
FOR THE AVENTURA CITY OF EXCELLENCE SCHOOL
BETWEEN THE CITY OF AVENTURA AND THE MIAMI-
DADE COUNTY SCHOOL BOARD; AUTHORIZING THE
CITY MANAGER TO DO ALL THINGS NECESSARY TO
CARRY OUT THE AIMS OF THIS RESOLUTION; AND
PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1.
The City Manager is hereby authorized to execute the attached
Second Amendment to the Charter School Contract for the Aventura City of Excellence
School between the City of Aventura and the Miami-Dade County School Board.
Section 2. The City Manager is authorized to do all things necessary to carry out
the aims of this resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. The motion was seconded by Commissioner _, and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
Resolution No. 2008-_
Page 2
PASSED AND ADOPTED this 1st day of July, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
CHARTER SCHOOL CONTRACT
BETWEEN
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
AND
THE CITY OF A VENTURA, FLORIDA ~
ON BEHALF OF A VENTURA CITY OF EXCELLENCE SCHOOL '1>r
(SECOND AMENDMENT) O~
~~
~~
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Application: ~~r 12,2001
Contract: . ~ 2002
1 st AmendmenO~ y 15, 2004 (to change the school's name, increase grade levels and student
enrollment capacity)
CRC: ~o.~ April 9, 2008
2~~-,.-_: ~:~ 19, 2008 (to in'''as, ,tudent 'Mol/m,", capacity 'ff"ti" th, 2009-2010 &haol
History:
bp02l92008
A ventura City of Excellence School- Second Amended Contractual Agreement
June 18,2008
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Aventura City of Excellence School- Second Amended Contractual Agreement
June l8, 2008
A VENTURA CITY OF EXCELLENCE SCHOOL
SECOND AMENDMENT TO CHARTER SCHOOL CONTRACT
T ABLE OF CONTENTS
I. GENERAL PRO VISIONS ....................................................................................... ........... 1
A. CONTRACT. ................................................................................................................... 1
B. RECITALS..... ........................ ............ ........ .......... ........... ....... ........ ................. ...... .S...... 1
C. SCHOOL CONCEPT ..... .......... ...... ................................ .................... ........... ............ .. 1
D. FULFILLMENT OF STATUTORY CRITERIA FOR CHARTER SCHO~.... 2
E. TERM.. ...... ...................... .............. ....... ........... .......... ....... ....... .................... .:4...... ..... 4
F. FORUM FOR CONFLICT........... ............... ....... ........... .......... ............. .0............ ..... 4
G. STATUTORY COMPLIANCE... .....................................................)/.... ................. 5
H. ANNUAL REPORT .......................... ...........................................~. .,." ~........... ........... 6
I. LENGTH OF SCHOOL YEAR. .................................................. ... ........................... 7
n~' N~~~~~i~ ~~c~~~giLLATloNiTERMiNAT.......~HECHARTER.:::: ~
A. GENERAL PROVISIONS....... .....................................~..................................... 7
B. NON-RENEWAL ................ .......... ......... ......... .....~...... ................... ...... ...... ..... .......... 7
C. TERMINATION UPON 90 DAYS NOT~I....v..................................................8
D. GOOD CAUSE ......................................... .... .........................................................9
E. IMMEDIATE TERMINATION ...... ..~... ...... ................. ...... .............................. ..... 12
F. POST-TERMINATION MATTERS.... .......................................................... .......... 15
III. ACADEMIC ACCOUNTABILITY ...-A.. ................................................................... 16
IV. STUDENTS................. .......... ..........O.~............................................ .......... ........ ........ 23
A. DEFINITION OF STUDE~. . ............................................................................23
B. ENROLLMENT .................. .... .. ...... ........ .............. .......... ............... .................. ........ 24
C. BALAN CE.............~... ...... ... . ........ ..... ........... .................... ....................... ........... ........ 24
D. ENROLLMENT P ................ ........... .......... ........... .................. ..... .......... ........ 24
E. WITHDRAWAL OR . NSFER OF STUDENTS. ................................................ 25
F. DISCIPLINE.............. ....... ....... ........... ......... ..... ......... ........... ..... ............. ..... ..... .... ..... 26
G. EXTRACU R ACTIVITIES.. ................ ...................... ............ .......... ......... 26
V. FIN AN CI)t T ABILITY ................................................................................. 27
A. ADM TIVE MANAGEMENT ......................................................................27
B. REP G OF STUDENTS .................................................................................... 38
C. F IES .............................. ................... .............................. ..................... ...... ........ 39
D. SPORT A TION ........ ............................. ..................... ......... ........................... ..... 42
1.\ EMNIFICATION ...................................................................................................42
. INSURANCE ........................................ ......................................................................... 44
VI. OVERN AN CE STRU CTURE ....................................................................................... 49
VII. MANAGEMENT COMPANIES .................................................... .................................. 52
VIII. HUMAN RE SOURCES.......... .................... .................... ................ ................... ................ 52
A. EMPLOYMENT ........................................................................................................... 52
B. PRIVATE OR PUBLIC EMPLOYEES ...................................................................... 56
IX. MIS CELLANEO U S PRO VI SI 0 N S......... ......................... ...................... ......................... 57
A ventura City of Excellence School- Second Amended Contractual Agreement
June l8, 2008
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A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA
A VENTURA CITY OF EXCELLENCE SCHOOL
SECOND AMENDMENT TO CHARTER SCHOOL CONTRACT
I. GENERAL PROVISIONS
A. CONTRACT.-- THIS SECOND AMENDMENT TO THE CHARTER SCHOOL
CONTRACT ("AMENDMENT") entered into as of the 22nd day of Ma~108,
between The School Board of Miami-Dade County, Florida, bereinaf'.;;i~l'to
as the Sponsor, and THE CITY OF A VENTURA, FLORID~ unicipal
corporation organized under the laws of the State of Florida, he~~r referred to
as the Corporation, on behalf of A VENTURA CITY~ ~XCELLENCE,
hereinafter referred to as the School. All statutes cited he~~efer to the edition
in effect when this charter Contract is executed, subj~~equent amendment of
such statutes. It is the intent of the parties thi}C~ntract shall constitute the
School's Charter. The application appr e
e School Board on December 12,
200 1 (elementary application) an~uly
B. ::~ ::;10 as APpe:j~o 0 ~
(1) The Sponsor and~~^:ntered into that certain Charter School Contract
dated as o~V, 2002, and amended July 15, 2004, (the "Contract"),
whereby th~sor agreed to permit the School to operate a charter school
pursua~ .J:lorida Statutes.
(2) .T~~ and School now desire to amend the Contract in its entirety to
lde for the terms and conditions set forth below.
, THEREFORE, in consideration of the mutual benefits to be derived
the parties hereto agree to amend the Contract as follows:
C. SCHOOL CONCEPT. -- The mission of the School is to provide the residents of
2004 (middle school application) is
the City of A ventura an education choice for their children within the city limits
while alleviating some of the county's growing educational needs. The School will
serve up to 972 students, grades kindergarten through eight. This School will:
provide students with a challenging, personalized learning experience that ensures
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 1 of 60
the highest measure of intellectual potential and an increased sense of self-esteem.
Students will improve their academic achievement, motivation, discipline and self-
control through a program utilizing personal educational plans, integrated
experiential learning, critical thinking skills, modern languages, recreational and
athletics activities, life skills and technology. The School will have as its core
philosophy the belief that all children can develop as intellectual learners, fu~ ,as
good citizens, learn as individuals in our society and develop as actual ~~al
workers in our community. Students can be academically succe~ with all
subjects, contributing to their intellectual development. The ~O values the
traditional classroom teacher and the role the family plays in )(!!'f')rng students, and
places strong emphasis on the value of new information ~~logies to enhance
the development of the individual strengths of ea~~t. The School places
emphasis on identifying students' learning ~s Jrd 'developing strategies that
enables students to succeed. The Sy~~ low staff-pupil ratio, the goal-
oriented curriculum, and the prepar~n ~aching experience of the selected staff
will provide a high level of con~ between the mission and the educational
program. The School shall inc~ of the information required to service English
Language Learners (E~ language proficiency assessment data, level of
language ProfiCi~ e),r:.nguage instruction, and ELL Committee information,
as currently do. ed in the Sponsor's Plan for Limited English Proficient
StUdentS~In dition, it will include all of the information required for Special
Educatio students.
.
F ENT OF STATUTORY CRITERIA FOR CHARTER SCHOOLS.
D.
Establish a new form of accountability by seeking to ensure that students learn
at optimal levels; develop models for teaching/learning produced cooperatively
by students, parents/guardians, and teachers; and ensure that each stakeholder
group be actively involved in all phases of learning;
(2) Establish, pursuant to Fla. Stat. S lO02.33(7)(a)3, the current incoming
baseline standard of student academic achievement, the outcomes to be
achieved, and the method of measurement that will be used. Subsection III.(B)
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June 18, 2008
Page 2 of 60
of this Contract includes a detailed description of how the baseline student
academic achievement levels and prior rates of academic progress will be
established, how these baseline rates will be compared to rates of academic
progress achieved by these same students while attending the charter school,
and how these rates of progress will be addressed if found to be deficient when
compared to the rates of progress of other closely comparable ~ent
populations as delineated in the District's annual Review of C~~)c;IS
report;
(3) Utilize appropriate instruments with documented validit~liabiJity to
measure and monitor gro\V1h of students and teachers; ~'
(4) Be non-sectarian in its programs, admissions t'~~oYment practices,
and operations pursuant to Fla. Stat. S 1002.33( a,
(5) Admit students as provided in Fla. Stat. g~.3 (10) and subsection IV ofthis
agreement; ~
(6) Be accountable to its Spon~ fo~ormance as provided in Fla. Stat. S
1002.33(7); 0 "\y
(7) Not charge tuition or fe~cePt those fees normally charged by other public
schools, per Fla. S~2.33(9)(d);
(8) Meet all a~'.hederal, state, and local health, safety, and civil rights
requiremen;;-- ~uant to Fla. Stat. S 1002.33(9)(e);
(9) co~~e anti-discrimination provisions of Fla. Stat. S 1000.05;
(I "-~::;, an annual financial audit in a manner similar to that of a school
.~trict and in accordance with Fla. Stat. S 218.39;
r;:; ~ Annually adopt and maintain an operating budget;
,..(') (12) In order to provide financial information that is comparable to that reported for
~ other public schools, maintain all financial records utilizing the standard state
guidelines and codification of accounts as contained in the most recent
publication titled "Financial and Program Cost Accounting and Reporting for
Florida Schools" (Red Book); or, at the discretion of the City Manager, a
charter school may elect to follow generally accepted accounting standards for
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 3 of 60
not-for-profit organizations, but must reformat this information for reporting
purposes in accordance with the Red Book;
(13) Be subject to the City Manager's continuous oversight over the charter school
operations; and
(14) Report its progress annually to the Sponsor.
E. TERM ~
(1) This Contract shall become effective upon signing by both paT"~ the
term shall cover fifteen (15) years commencing on the first ~~e 2003-
2004 School Year, and ending on June 30, 2018. This co*l'wfay, however,
be cancelled or terminated during its term as set forth)(Qion II below.
(2) In its sole discretion, the Sponsor may grant a~~efurral, not to exceed
two years, allowing the School to postp~ the~ening of the School. If the
School is granted the deferral but the ~l does not open within the time
specified in the deferral, this cha~act will be automatically terminated.
(3) If the School is eligihle, this ~~ay be renewed for up to an additional
fifteen (15) years by mutu:.@eement of the parties and upon the terms and
conditions established b@. Stat. S 1002.33(7), (8), for such renewal.
(4) This Contract ma ~ modified during its initial term or any renewal term,
unless suc ations shall be approved by both parties in writing and
re~ nsideration by the other party but only once per school year no
~~n December 1 (unless a later time is allowed because the submitting
~y demonstrates that an amendment is needed to protect the health, safety,
~ or welfare of the students).
,o~ORUM FOR CONFLICT
'" (1) If a conflict arises out of the terms, construction, or rights or obligations
contained in this Contract, the Sponsor or the School may either commence the
Dispute Resolution Procedure contemplated within Appendix B, or commence
action in accordance with the guidelines stipulated in Fla. Stat. S 1002.33(6)(i).
(2) All conflicts between the School and the parents/legal guardians of the
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 4 of 60
students enrolled at the School shall be handled by the School or its City
Manager. Evidence of each parent's/guardian's acknowledgement of the
School's Parent Conflict Resolution Process shall be available for review upon
request by the Sponsor.
G.
STATUTORY COMPLIANCE -- Pursuant to Fla. Stat. S 1002.33(16), the School
shall operate in accordance with this Charter and shall be exempt from all st~in
Chapters 1000-1013 of the Florida Education Code, with the excep~ the
following: ~ ow
(1) Those statutes specifically applying to charter schools, i~Q Fla. Stat. 9
1002.33; ~.
(2) The school improvement and education aCCO~~~Sions of Fla. Stat.
S 1008.345;
(3) Those statutes pertaining to the stud~sessment program and school
grading system; ~
(4) Those statutes pertaining t~e ~ision of servIces to students with
disabilities (special educatie}rntS);
(5) Those statutes pertaininGivil rights, including Fla. Stat. S 1000.05, relating
to discrimination; ~
Those stat e ing to student health, safety, and welfare.
(6)
(7)
In addi~,~h chool shall be in compliance with:
.(aK.~at. s 286.011, relating to public meetings and records, public
~ ~;spection, and criminal and civil penalties;
~) Florida Statutes Chapter 119, relating to public records;
~ ~ (c) Fla. Stat. 9 2 I 8, relating to financial audits and fmancial emergencies;
~ (d) Sponsor's School Board Rule 6Gxl3-6A-1.471. Charter Schools;
(e) Fla. Stat. SS 112.311 - 112.326, Code of Ethics for Public Officers and
Employees to the extent that it is applicable to local government
agencies because the School is an agency of a local government; and
(f) School Board Rule 6GxI3-4A-1.213, Code of Ethics to the extent that it
does not conflict with the provision of Chapter 112, as it applies to the
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 5 of 60
School.
(8) The School agrees to adhere to a policy of non-discrimination in educational
programs/activities and employment, and to provide equal access and
opportunity for all, as required by federal and state laws, State Board of
Education administrative rules, and School Board rules.
H. ANNUAL REPORT ~
(1) The School shall make annual progress reports to its Sponsor v~a",\h~line
Accountability Report by the deadline specified by the Florid~~ment of
Education which, upon verification, shall be forwarded to t~misSioner of
Education. The report shall contain at least the followi~'
(a) student achievement perfonnance da~~)' the information
required for the annual school reP.ort an\~}lre eaucation accountability
system governed by Fla. Stat. SS 1~3 and 1008.345. The report must
also include student achiev~~ation that links baseline student
data to the School's ~o~ projections. The School shall also
identify reasons for ~")rrerences between the projected and actual
student performane
(b) financial st~ the School, evidenced by quarterly and annual
finan~~ents prepared in the required formats, which must
inclu&~ minimum, a balance sheet(s) and statement(s) of revenues,
eG)~itures and changes in fund balance at a level of detail that allows
.,~ ~alysis of the ability to meet financial obligations and timely
~ repaymeot of debt;
~ (c) documentation of the facilities in current use and any planned facilities
"'" ~ for use by the School for instruction of students, administrative
~ functions, or investment purposes; and
(d) descriptive information about the School's personnel, including
demographic data, salary and benefit level of School employees, the
proportions of instructional personnel who hold professional or
temporary certificates, and the proportion of instructional personnel
teaching in-field or out-of-field.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 6 of 60
I.
(2) The School agrees to do an annual cost accounting and provide such
information to the Sponsor by August I each year.
(3) The School will provide the Sponsor a School Improvement Plan adhering to
the guidelines provided by Miami-Dade County Public Schools by the date due
according to State and/or Sponsor's requirements. The School Improvement
Plan will contain the measurable objectives that will be pursued by the~ol
during the subsequent school year. A. '\ ~
LENGTH OF SCHOOL YEAR.-- The School's calendar shall b~~ent with
the beginning of the Sponsor's public school calendar for ea~~l year. The
School shall provide instruction for at least the number of ~quired by law for
other PUbliC. schools, and .may provide instruction ~ .Q,~ days. The School
may choose to provide a summer school progra ~~ng the Supplemental
Academic Instruction (SAI) funds provided by ~S,tate for such purposes.
DISTRICT TECHNOLOGY -- All ~~l employees, as users of the M-
DCPS network and mainframe, a'bO~bY the same computer policies and
standards regarding data privacy O~tem security as are all district employees.
These are defined in the Schoeard rules regarding copyright, e-mail, and Internet
acceptable use as well a~-DCPS Network Security Standards and are based on
state and federal ~Vgarding use of student data and student right to privacy.
These district pol~~nd standards are available on the M-DCPS web site.
J.
II. NON-RENE
ANCELLATION/TERMINATION OF THE CHARTER
A. G~ PROVISIONS.-- This charter Contract may be cancelled or terminated
^~~ term by the Sponsor for any reason set forth in this section. Notices of
e;~ination, cancellation and default may be issued by the Sponsor's Superintendent
-..0 or the Superintendent's designee.
'\. NON-RENEWAL
(1) The Sponsor may choose not to renew the Contract at the end of the current
term for any of the following grounds if the school has failed to correct a
deficiency(ies) of which the Sponsor had given a notice of noncompliance
(either with a 90-days non-renewal notice or in a separate prior notice):
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June 18,2008
Page 7 of 60
(a) Failure to participate m the state's education accountability system
created in Fla. Stat. S 1008.31, as required in this section, or failure to
meet the requirements for student performance stated in the charter;
(b) Failure to meet financial reporting requirements and maintain effective
standards that demonstrate sound fiscal management;
(c) Violation of law; and/or ~
(d) Other good cause shown (such as, but not limited to, th~~ause
bases summarized in section II. D below). 0
Notice.-- At least ninety (90) days prior to non-renew' he Contract, the
Sponsor or its agents or representatives shall notify t
School of the proposed action in writing. Th~ all state in reasonable
detail the grounds for the proposed a~n .a~ stipulate that the School's
governing body may, within 14 cale~~ays after receiving the notice,
request an informal hearing befor~onsor. The Sponsor shall conduct the
informal hearing within 30 ~n~ays after receiving a timely written
request. The School's gOVe}'bOdY may, within 30 calendar days after
receiving the sponsor'seion not to renew the Contract, appeal the decision
pursuant to the pr~in Fla. Stat. S 1002.33(6).
(3) Upon elect~~ination or non-renewal by the School, notice, in writing,
shall b~~ to the Sponsor at least ninety (90) days before the effective
termm~ate.
C. T~ON UPON 90 DAYS NOTICE
_~o-~~ant to Fla. Stat. S 1002.33(7)(a)12, the Sponsor shall cancel the charter if
~~ insufficient progress has been made in attaining the student achievement
..0 ~ objectives of the charter and if it is not likely that such objectives can be
'"'" achieved before expiration of the charter. During the term of the Contract, the
(2)
Sponsor may also terminate the Contract upon ninety (90) days notice for any
of the grounds listed in subparagraphs II.(B)(1 )(a)-( d), if the school has failed
to correct a deficiency(ies) of which the Sponsor had notified the School
(either with the 90-days termination notice or in a separate prior notice).
Aventura City of Excellence Schoo/- Second Amendment to Contractual Agreement
June 18,2008
Page 8 of 60
(3)
(2) At least ninety (90) days prior to terminating the Contract, the Sponsor or its
agents or representatives, shall notify the governing board of the School of the
proposed action in writing. The notice shall state in reasonable detail the
grounds for the proposed action and stipulate that the School's governing body
may, within 14 calendar days after receiving the notice, request an informal
hearing before the Sponsor. ~
The Sponsor may send in financial and/or instructional expe~\ ~ the
Sponsor's District to advise and assist the School in improvi~~ituations
stated in the notice as grounds for termination. The Sc~l\Rlll cooperate
fully with such District personnel's attempts to assist~~ool. Failure to
cooperate, or failure to significantly improve the nQ~ation(s) with such
assistance, shall constitute further good cause f~~tion.
The Sponsor shall conduct the informal ing within 30 calendar days after
receiving a timely written reques
001' s governing body may, within
(4)
30 calendar days after rec~g t Sponsor's decision to terminate the
Contract, appeal the deciO )tlrsuant to the procedure in Fla. Stat. S
1002.33(6). 0
D. GOOD CAUSE.-- "GO~" for non-renewal or termination includes, but is not
limited to, the fOl~U
(1) Failure to im ent a reading curriculum that is consistent with effective
teachinO~egies grounded in scientifically-based reading research;
(2~~~ inadequate student performance;
(3 ~ceiving a grade of "F" in two years of any four-year period (as applicable
~ per the State Board of Education's current Assistance Plus District Action
,..(') e; Plan);
"\r (4) Failure for five consecutive years to make Adequate Yearly Progress (A YP)
under the No Child Left Behind Act of2001 (NCLB);
(5) The School or its representatives are found to have committed a material fraud
on the Sponsor or made a material misrepresentation, either willfully or
recklessly, in the application;
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 9 of 60
(6) Failure to implement a Corrective Action Plan required by the Sponsor;
(7) Failure to make progress toward the stated mission of the School pursuant to
the charter school application and this Contract;
(8) Failure to deliver the instructional programs or curricula identified in the
application;
(9) Failure to make contributions to the Florida Retirement System (FR~e
School has elected to be part of the FRS); 4' (]I
(10) Having substantial debt or delinquency in payments; 0
(11) The School files for voluntary bankruptcy, is adjUdicat~Pt or insolvent
or is otherwise financially impaired such that the ~~annot continue to
operate or the School is no longer economicall~~
(12) Failure to have an annual audit that co.~es ~h'the requirements specified
in paragraph (V)(A)(11) of this C~~imelY submit financial reports or
other reports required by Fla. Star: ~.33(9) or by this Contract;
(13) Failure to meet generally acce~ccounting principles;
(14) Willfully or recklessly f~Qnage public funds in accordance with the law;
(15) Failure to maintai~~ coverage as described in this Contract;
(16) Failure to p~~ )r;onsor with the required access to records;
(17) Violation 0 y ourt order;
(18) Crimi~~viction on matters regarding the charter school by either the
.ch~~l'S governing board, its members (collectively or individually), or
);e management company contracted by the charter school;
ailure to submit to the Sponsor within thirty (30) days a Financial Recovery
Sponsor to be acceptable pursuant to School Board Rule 6Gx13-6A-1.471,
following a determination of financial emergency pursuant to Fla. Stat. S
218.503;
(20) Failure to successfully implement a Financial Recovery Plan submitted to the
Sponsor pursuant to Fla. Stat. S 218.503, within the time specified and
approved in the Financial Recovery Plan;
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 10 of 60
(23) Any other good cause, which shall include, but is not limited to, any material
breach or violation of the standards, requirements, or procedures ~iS
Contract such as: .4 't:1
(a) failure to timely submit quarterly financial reports; 0
(b) failure to comply with the timely submission of ~~clal statements
in the required format specified by the spons~ ~
( c) failure to comply with the conflict of in~~sion in Section VI(L)
relating to the governing board ~eiv~ 'compensation, directly or
indirectly, from the SChOO~'S ~s, including but not limited to
grant funds;
(d) failure to comply with ~me y submission of the annual report to the
Sponsor; 0
(e) failure to co~ Qthe timely submission of the School Improvement
Plan to the ~~
(1) fail~iPale in all slate and district assessment programs;
(g) f~r: to allow the Sponsor reasonable access to facilities and records to
~~ data sources, including collection and recording procedures;
~~;ilure to comply with the education goals established by Fla. Stat. S
~\,)t' 1000.3(5);
e,; ~T (i) failure of secondary charter schools to comply with Fla. Stat. SS 1003.43
~
(21) Failure to provide periodic progress reports as required by the Financial
Recovery Plan, as determined by the Sponsor;
(22) Receiving a finding of financial emergency, pursuant to Fla. Stat. S 218.503,
for two consecutive years, or more than once during anyone fiscal year; or
and 1008.25;
(j)
failure to use records and grade procedures that adequately provide the
information required by the Sponsor;
(k) failure to provide Special Education (SPED) students and English
Language Learners (ELL) with programs and services in accordance
with federal, state and local policies;
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June l8, 2008
Page 11 of 60
(I) failure to obtain proof of consent to enroll each student from the
student's parent / guardian or from the student, if the student is eighteen
(18) years of age or older;
(m) failure of the school to comply with the timely submission of the annual
financial audit as required by Fla. Stat. S 218.39;
(0) failure to comply with the Florida Building Code (including Chap~3)
and 1he F]orida fire Prevention Code, including referenc~~nts,
applicable state laws and rules, and federal laws and ruleo
(0) failure to comply with all applicable laws, ordina~, and codes of
federal, state, and local governance in~~ 'Individuals with
Disabilities Education Act (IDEA); ~ "..,
(p) failure to obtain all necessary lic~es,~~;s, zoning, use approval,
facility certification, and other ap~s required for use and continued
occupancy of the facility ~ed by the ]ocal government or other
governmental agencieS;~ V
(q) failure to maintain Si licenses, permits, use approval, facility
certification, and ~ther approval as required by the local government
or any othe ~mental bodies having jurisdiction at any time during
the t . Contract;
t this Contract;
~~Iation of fla. Stat. S 1l231l - 1l2326, Code of E1hics for Public
.\J" Officers and Employees to the extent that it is applicable to local
e;~ government agencies because the School is an agency of a local
~ (t) ~~~::e:;;::hOOI Board Rule 6Gxl3-4A-I.213, Code of Ethies to the
(r)
extent that it does not conflict with the provision of Chapter 112, as it
applies to the School.
E. IMMEDIATE TERMINATION.-- This Contract may be terminated immediately if
the Sponsor determines that good cause has been shown or if the health, safety, or
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 12 of 60
welfare of the students is threatened.
(2)
(1) F or purposes of immediate termination, "good cause" is defined as a higher
standard of good cause such as any egregious form of the good-cause bases
summarized in section (3) above. In making the determination as to whether
good cause exists for immediate termination, the Sponsor will consider
whether the totality of the circumstances justify a decision to forego NO-
days notice and terminate immediately (considering factors ~l,lf~ the
immediacy of the Sponsor's concerns, the extent of those conc~~ amount
of constructive notice the School had regarding these ~~s, and the
unlikelihood that the school could or would have reme~)';e concerns with
proper notice). ~ ~
Except in cases of extreme danger to stnden~, safety, or welfare, the
Sponsor hereby gratuitously agrees to ide, when practical and feasible,
three (3) calendar days' notice b
uating an immediate termination.
The Sponsor must provide t~basi r termination in writing detailing the
basis, and such findings s~~e made concurrently with the Sponsors
termination action. The ~ governing board may, within thirty (30) days
after receiving t . or's decision to terminate the charter, appeal the
(3) Upon imme tat termination, the Sponsor shall assume the operation of the
Schoo]~.:ihall continue operating the School at least throughout any timely
.ap~~ School to the State Board of Education (or, if none is filed, until
~~ for filing an appeal has expired). Sponsor shall hold and conserve all
~ ~arter school property and assets, including cash and investments, in trust
,.0 e; until the charter school has exhausted all appellate rights to the State Board of
"'" Education. Sponsor shall only disburse charter school funds in order to pay the
normal expenses of the school as they accrue in the ordinary course of school
business. The School hereby agrees that, upon receiving notice of the
Sponsor's decision of immediate termination, the School shall immediately
give to the Sponsor all the keys to the school's facilities and all security-
system access codes and access codes for all computers in the School's
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 13 of 60
facilities, and shall immediately make accessible all educational and
administrative records of the School so that the Sponsor may properly assume
operation of the school immediately. Moreover, within two (2) business days,
the School shall turn over all records and information regarding the accounts
of all of the public funds held by the charter school; turn over all of the public
property and public funds to the Sponsor, excluding City of A ventur~nds.
The School shall fully cooperate in the turnover to the Sponsor !e~~ a
smooth transition for the students. ~
(4) The School's instructional and operational employees VJl.10 required to
continue working in the school during the time that t~1rsor operates the
School. Notwithstanding the general policy of reA.~ch employees to
continue serving in their regular capacities ~ ~at time, the Sponsor
reserves the right to take any appro . te }ersonnel action as to such
employees if any cause for perso
me should arise or be discovered
during the Sponsor's assum(" ope . n of the School (after the Sponsor
provides any required due PR~ such employees if they are not terminable
at-will). "V
(5) Any unencumber~~unds, excluding City of Aventura funds, from the
charter scr~ ~ "bistrict School Board property and improvements,
furnishings~equipment purchased with public funds, excluding City of
Aventl(iy~ds, or financial or other records pertaining to the charter school,
.,in~SSion of any person, entity, or holding company, other than the
~~er school, shall be held in trust upon the District School Board's request,
_ ~ ~til any appeal status is resolved.
,..0 U> If the School prevails in an appeal to the State Board of Education, the Sponsor
~ shall, within three (3) business days, return keys, security codes, and the
facility itself to the School. In that case, the School's employees will continue
as employees of the School, and the City Manager shall resume operation and
oversight of the School. However, since the issue on appeal shall be limited to
whether there exists grounds for the immediate termination of the charter, the
charter Contract may still be non-renewed or terminated upon ninety (90) days
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 14 of 60
F.
notice ,pursuant to section II.C, if the School fails to timely correct any
deficiencies noted by the Sponsor.
(7) If the School appeals to the State Board of Education and is not successful in
the appeal (or if the School does not timely file an appeal), the Sponsor shall
allow the City Manager to retrieve any personal belongings of its members
from the school, but all property and improvements, furnishin~d
equipment purchased with public funds, excluding City of A ven nds,
shall automatically revert to full ownership by the District
subject to complete satisfaction of any lawful liens or enc~~ ces; and the
charter school shall be dissolved pursuant to Fla. Stat. ~')"3(8)(e).
POST-TERMINATION MATTERS.-- In cases ofn04~ or termination of
the Contract, the School shall be dissolved under th~~"r'~'ils of law under which
the School was organized. Student records sha e t~ed over to the Sponsor; and
copies of all administrative, operational n
cial records of the School shall be
provided to the Sponsor on the date~ te . ation/non-renewal takes effect.
(1) In the event of charter te~~, any property, improvements, furnishings,
and equipment purchaseO~ubliC funds, excluding City of Aventura funds,
shall automatical~ to the Sponsor (subject to any lawful liens and
encumbran~ Ve School's accounting records fail to clearly establish
whether a ~lar asset was purchased with public funds or non-public
funds, ~....i.t shall be presumed public funds were utilized and ownership of
oth~~al1 automatically revert to the Sponsor. Property aud assets
~~ased with public funds shall be defined as those goods purchased directly
~ \..:l:th grants aud funds provided by a governmental entity but specifical1y
"'" e; excluding funds of the City of A ventura, a governmental entity. Property and
~ assets purchased by the City of A ventura or an educational management
organization in conjunction with operating the School shall not be deemed
purchased with public funds.
(2) In case of termination or non-renewal of the Contract, the School shall be
responsible for all the debts of the School. The Sponsor may not assume the
debt from any contracted services made between the governing body of the
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 15 of 60
School, the management company (if applicable), and/or third parties, except
for a debt that is previously detailed and agreed upon (in writing and executed
with the same formalities as set forth in this Contract) by both the Sponsor, the
governing body and/or management company (if applicable).
(3) In case of termination or non-renewal of the Contract, the School agrees that
the Sponsor shall have, for a period not to exceed 30 days sUbse~to
termination or non-renewal, the right of first refusal to secure the. ~~, or
purchase or possession of the facilities as described in S~~ of the
Contract. ~ U
Ill. ACADEMIC ACCOUNTABILITY -c ~
A. The School agrees to implement its educational and ~ '};,grams as specified in
the School's approved application (Appen~ A) setting forth the School's
curriculum, the instructional methods, ~~ve instructional techniques to be
used, and the identification and a~siMf appropriate technologies needed to
improve educational and admini~~ performance, which include a means for
promoting safe, ethical, and a~~te uses of technology which comply with legal
and professional standa~ ~hool ensures that reading is a primary focus of the
curriculum and ~ ~};~s are provided to identify and provide specialized
instruction for st~ who are reading below grade level. Further, the curriculum
and instructi~l~trategies for reading shall be consistent with the Sunshine State
sUmd>ir~~ grounded in scientifically-based reading research. Updates,
rev~~nd/or changes to the curriculum programs described in the application
~~equested by the Sponsor as a condition of the application's approval are
,..0 eJ"')c~rporated as part of the approved application included as Appendix A. The
~ Sponsor's Limited English Proficiency Plan, with which the School must comply, is
included in Appendix C.
B. In the first year of the Contract, the School shall develop a School Improvement Plan
based on the goals and objectives identified in the School's application as referenced
in Appendix A.
C. The School agrees to the baseline standard of achievement, the outcomes to be
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June l8, 2008
Page 16 of 60
achieved, and the methods of measurement that have been mutually agreed upon in
the School Improvement Plan submitted annually to the Sponsor. This Contract may
be terminated by the Sponsor if insufficient progress has been made towards the
goals and outcomes designated in the School Improvement Plan. Pursuant to
requirements of the State Board of Education, the School shall be terminated if the
School receives a state-designated grade of "F" in two consecutive years of 'four
year period. The School may be non-renewed or terminated if the ~~)'to
make A YP for five consecutive years in accordance with the pro . s of the
NCLB. ~~
D. In addition to evaluating the School's success in achieving ~~ctives stated in
the School Improvement Plan, the School will be held ~~le for meeting the
state's student performance requirements as delinea~~e Board of Education
Rule 6A-l.09981, Imp/ementatian of F/orida~ste~ of Schoo/Improvement and
Accountability, based on Fla. Stat. 99 1~~.33, and 1008.345.
E. The methods used to identify the e~ati~trengths and needs of students and the
educational goals and performanc~l.~ards are set forth in the School's approved
application. This accoun:b~'O~on shall be based upon the assessment systems
of the School, the spon~~,,tn~ State.
F. In accordance w~~aw and the Sponsor's rule, students at the School will
participate in all ~sessment programs and in all district assessment programs in
which the qlsf,~ students in comparable grades/schools participate. All School
persQ)1n~~ with any aspect of the testing process must have knowledge of
an~~l'; state and Sponsor policies, procedures, and standards regarding test
~~ration, test security, test audits, and reporting of test results. To facilitate this
,..0 e,~riicipation, the Sponsor will provide to applicable school staff all services/support
""'" activities that are routinely provided to the Sponsor's staff regarding implementation
of District and state-required assessment activities, e.g., procedures for test
administration, staff training, dissemination and collection of materials, monitoring,
scoring, analysis, and summary reporting. If an SPED student's Individual
Education Plan (IEP) indicates an alternate assessment, in lieu of full/partial
participation in a state assessment, the School will facilitate the alternate assessment
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June l8, 2008
Page 17 of60
and comply with state reporting procedures.
G. The School agrees to utilize data provided through its participation with the Sponsor
in electronic data processing systems pertaining to admissions, registration, and
student records.
H.
The School agrees to allow the Sponsor reasonable access to its facilities and records
to review data sources, including collection and recording procedures, in ~to
assist the sponso. r in making a valid determination about the degree ~o w . ~dent
performance requirements have been met as stated in the Contract, uired by
Fla. Stat. SS 1008.31 and 1008.345. ~
As Fla. Stat. S 1002.33 requires the Sponsor to provide ~e State Board of
Education and the Commissioner of Education an ~""~omparison of the
overall performance of the School's students, the pa . s~~ that the Sponsor will
utilize results from the state and district requir ssessment programs referenced in
I.
this Contract and the data elements to e
ed in the annual report which the
School is required to submit pursua~ Fla tat. S 1002.33(9)(1).
The Sponsor shall ensure that t~~ol's program is consistent with the state
education goals established be ~t. s 1000.03(5).
K. In secondary charter sc~he School shall establish a method for determining
that a student haa~ the requirements for graduation in Fla. Stat. SS 1003.43
and 1008.25 and ~~nform the Sponsor of this method at least one month prior to
the beginninQJl\e first school year of operation.
L. Th~~"fr( use records and grade procedures that adequately provide the
inti ion required by the Sponsor. The Sponsor has designated Pinnacle from
~lsior Systems, Inc. to be the supported grade book system for the District. The
"'" ~chool shall use records and grade procedures that adequately provide the
"'" information required by the Sponsor. These procedures may be an alternative
grading and recording system, but the system must be in accordance with the State's
J.
reporting guidelines and be approved by the Sponsor. If the school chooses to use an
application other than Pinnacle, or the system in use by the Sponsor, they will be
responsible for data entry directly into ISIS for both daily attendance and quarterly
grades. Schools that opt for an alternative grade book system will not be able to
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 18 of 60
upload grade or attendance data to Information Technology Services (ITS)
department. Schools not uploading will be required to have a documented procedure
in place for communicating attendance and grades to the data entry clerk. Non-
Pinnacle schools, or schools who opt to use an alternative grade book system, will be
required to provide some form of prior year electronic audit trail. No ITS support
will be provided for schools that do not use Pinnacle, or the designated syste~
M. The School shall follow the Sponsor's Elementary School Aca~ ~ams
Course Codes and/or Miami-Dade County Public Schools Authori urses for
Secondary Schools, as appropriate. ..<. '
N. The School will maintain both active and archival rec~l' current/former
students in accordance with Fla. Stat. ~~ 1003.25 and ~i\-nd State Board of
Edncation Rule 6A-!.0955. ~
O. All permanent cumulative records (both Cat~. A, Permanent Information, and
Category B, Temporary Information) ~~leaving the School, whether by
transfer to a traditional public sc~ w~the school system, or withdrawal to
attend another charter school, sha~ ~nsferred upon receipt of an official request
from a receiving Miami-Dade~~ public school or a charter school sponsored by
The School Board ofM~~ County, Florida. The School may retain copies of
the departing stU~~};~iC records created during the student's attendance at
the School. '7
P. Upon termin~ll-Pf a student's enrollment at the School, all permanent cumulative
recort!ls ~ ~egory A, Permanent Information, and Category B, Temporary
Inf~n) of students leaving the School, but not transferring to a Miami-Dade
_ ~"fpUbliC school or a charter school sponsored by The School Board of Miami-
"'" ~de County, Florida, shall be hand-delivered to the Sponsor's Department of
'"\r Records and Forms Management. Proof of delivery shall be provided to the Sponsor
within five (5) business days. The School may retain copies of the departing
student's academic grades and attendance during the student's enrollment at the
School.
Q. The School shall transmit to the Sponsor's Department of Records and Forms
Management, a listing of the types of Category A and B educational records pursuant
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June IS, 200S
Page 19 of 60
to State Board of Education Rule 6A-1.0955 and the procedures from the Division of
Student Services as stipulated in the Student Educational Records manual. This
report shall be transmitted each year prior to July 1.
R. Special Education (SPED) students shall be provided with programs and services
implemented in accordance with federal, state and local policies and procedures;
and, specifically, the IDEA, Section 504 of the Rehabilitation act of 1973, ~a.
Stat. S S 1 000.05, 1003.57, 1 001. 4 2( 4)(1), and 1002.33, and Chapter ~"f'rida
Administrative Code. The School will be responsible for the ~ of all
educational, related services and equipment indicated on the ~J..Js Individual
Education Plan (IEP), or Educational Plan (EP) in the ca~ 1rudents who are
Gifted. Related services and equipment, e.g., speech/lan~ ~apy, occupational
therapy, physical therapy, counseling, assistive tec~ ~vices and therapeutic
equipment must be provided by the School's ~ or }aid for by the School through
contract. The Sponsor will have the r~~ of conducting the evaluation of
students referred for potential Speci,(, Ed~n and Gifted placement and for the re-
evaluation of SPED stUdents~'n a ~~ce with federal and state mandates. The
School may obtain private ev . s of students at the School's expense. These
evaluations may be co~ n determining eligibility but will not necessarily
substitute for an ~""t6~nducted by the Sponsor's personnel in a manner and
timeframe consi ith that of all of the other Sponsor's schools. If it is
determined b IEP committee that an SPED student's needs cannot be met at the
r will take steps to secure another placement for the student in
with federal and state mandates. A representative of the Sponsor will
. ate in all initial IEP meetings and those IEP meetings where a significant
eJ nge of services or placement may be considered and shall serve as the Local
"'" Educational Agency (LEA) Representative when present at an IEP meeting.
~ However, the administrator in charge at the School will serve as the LEA
Representative at ordinary annual and interim IEP and EP meetings, which the
School shall conduct.
S. The Sponsor will conduct the initial evaluation of the School's students who have
been referred for physical and occupational therapy and speech and language
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 20 of 60
servIces. After the student is determined eligible for SPED services and the initial
IEP is written, the School shall be responsible for providing the physical and
occupational therapy and speech and language services to the student. The School
shall ensure that physical and occupational therapists providing services to the
student review the student's initial IEP, reassess the student, and develop goals,
benchmarks and a treatment plan for the student. The School shall ens'that
speech and language therapists review and implement the stndent's in~~"he
School shall ensure that the physical and occupational therapists a ech and
language therapists providing services to the student attend the st~ annual and
interim IEP meetings. The student's IEP goals and benchmar~~;to these areas
are to be updated by the student's treating therapists base~~ir reevaluation of
the student. The School agrees to require physi~ ~cupational therapists
providing services to the student to attend ori~on \nd. in-service training on how
to develop goals and benchmarks ba~Uucational theory. The Sponsor
agrees to provide that orientation ",d i~ice training. The Sponsor agrees to
conduct periodic checks on, an ~~ew of, the paperwork prepared by the
occupational and physical ther roviding services to such students. The School
shall comply with the r s of the IDEA as it relates to the student's IEP, and
the appropriate ~;e ersonnel of the School shall attend alllEP meetings.
T. Special Educatio ents will be educated in an inclusionary, least-restrictive
environment~~lined in Appendix D, Policies and Procedures for the Provision of
SpecYt~~~ Instruction and Related Services for Exceptional Students. It is
th~~onal responsibility of educators to place students in an environment
^~ey can flourish. Those students whose needs cannot be adequately addressed
e;~he School as determined by an IEP committee, will be appropriately referred, and
,..0 the School staff will work together with the Sponsor's personnel to ensure that the
~ needs of these students are met. The School's staff will work closely, and as early as
possible in the planning/development stages, with the Sponsor to discuss the services
needed by the School's students.
U. A student, parent, or guardian who indicates at an IEP or EP meeting that they wish
to file for a Due Process Hearing, in accordance with Fla. Stat. S 1003.57 and State
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 21 of 60
v.
Board of Education rule 6A-6.03311 will be given the appropriate forms by the
staffing specialist or other appropriately designated person attending the IEP
meeting. A student, parent, or guardian at the School wishing to file for a Due
Process Hearing shall file their request with the Sponsor's Clerk of the School
Board. As soon as a request for Due Process Hearing is filed, the Sponsor shall
inform the School and will select and assign an attorney from a pool of ~fied
outside counsel, chosen through a Request for Proposals (RFP) proce~~"},nt
the School. The School is responsible for scheduling resolution ediation
meetings as required under state and federal law. The sponso)liQonsible for
ensuring that the Due Process Hearing is conducted in acco~~ith Fla. Stat. S
1003.57 and State Board of Education rule 6A-6.03311.~~sor is responsible
for ensuring that a final decision in the Due Proces~~ is reached and that a
copy of the decision is mailed to the parties ~cco~a~ce with applicable federal
and state laws. In the event a student, ~ ~ardian files a request for a Due
Process Hearing in accordance wit~ec~5 of the IDEA, Fla. Stat. S 1003.57,
and State Board of Education~ule ~~3311, involving the provision of education
and related services to a stude isabilities at the School, the School shall bear
all the costs associated ~ ' aring, including legal representation. In the event
that the student, ~~e ~~rdians are the prevailing party, any and all attorneys'
fees and costs a~o the prevailing party will be paid by the School.
Under th~M aid Certified School Match Procedures, the School may be eligible
to seik ent for certain services provided to Medicaid-eligible students
w N y for services under the IDEA, Part B or C. In order to seek
sements, the School agrees to follow the procedures established for
dicaid-reimbursable services to eligible students at the School as outlined in
Appendix E, attached and incorporated into this Contract by reference.
Students at the School who are English Language Learners (ELL) will be served by
English for Speakers of Other Languages (ESOL) certified personnel who will
follow the Sponsor's Limited English Proficiency Plan. The Sponsor's plan, which
meets the requirements of the League of United Latin American Citizens (LULAC) et
al. v. State Board of Education Consent Decree, is attached as Appendix D.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 22 of 60
X. The School will adopt the Sponsor's Student Progression Plan (SPP), which is
attached as Appendix F. The SPP is a document that is revised yearly; therefore the
School agrees to implement the SPP in effect for the current operational year.
Notwithstanding the above acceptance of the Sponsor's SPP, the School and the
Sponsor may agree to any additional reasonable exemptions from the SPP the School
may request. Any failure to agree on exemptions shall not be considered a di~
Y. The School will adopt the Sponsor's "Procedures for Promoting and ~,~g a
Safe Learning Environment," which is attached as Appendix G. Not~ding the
above acceptance of the Sponsor's "Procedures for Promoting~~aintaining a
Safe Learning Environment," the School and the Spon~1;; agree to any
reasonable exemptions from the "Procedures for Promot~~aintaining a Safe
Learning Environment" the School may request. An~"\, agree on exemptions
shall not be considered a dispute. x.. .
Z. The School agrees to obtain and mainta~~ certification/accreditation for its
educational program in order to e~e ~rability of courses completed by the
students at the School. ("; "",
AA. The School agrees to utilizee~rter School Compliance Management System
(CSCMS) or any other ~ed software or reporting procedure implemented by
the Sponsor in or~cG'ntain accountability with the Charter School Benchmarks
and document co~ce with contractual requirements (Appendix H).
IV. STUDENTS ,,~
A; D~~ STUDENTS. - The School shall be open to any student residing
in.'f!!1~de County. The School will provide a unique academic environment for
~ximatelY 972 culturally diverse students, ages 5-14 in kindergarten through
"'" ekrade eight. As a charter school-in-the-municipality, the School will limit the
~ enrollment process to target the children of residents of The City of A ventura, as
permitted by Fla. Stat. S 1 002.33(1 0) and (15)(2007). However, ACES will not
discriminate on the basis or race, religion, national or ethnic origin, or exceptionality
in the admission of students, in accordance with federal and state anti-discrimination
laws.
A ventura City of Excellence School- Second Amendment to Contractual Agreement June 18, 2008
Page 23 of 60
B. ENROLLMENT.--
(1) Following is the student enrollment breakdown by year:
(a) Year 1-2: 2003 - 2005 - Grades K to 5 - up to 600 students
(b) Year 3-6: 2005 - 2009 - Grades K to 8 - up to 900 students
(c) Year 7-15: 2009 - 2018 - Grades K to 8 - up to 972 students
(2) The aforementioned enrollment capacity will be contingent on ~dent
capacity as stated on the valid Certificate of Occupancy (CO), C~~ of Use
(CU), and Fire Permit for the school facility issued by the e governmental
agency in whose jurisdiction the facility is located. Mon.t~ments shall not be
paid for students in excess of the School's enrollm~~ty, as defined by the
valid CO, CU, or Fire Permit, nor in excess ~~ected enrollment for the
school year as defined in Subsection IV.~fthlJ..,contract.
BALANCE.-- Pursuant to Fla. Stat. S~O .3_~)8 & (15)(b), the parties agree that
the School shall strive to achieve a raCl c balance reflective of the community it
serves or within the racial/ethnic ra~ 0 er public schools in the school district. The
School shall ensure that its admis~ policies shall be nonsectarian.
ENROLLMENTPRO~~
(1) The School will o"'\,.-~udents of any race, color national and ethnic origin,
religion or~r. The School agrees that it will implement the strategies
contain in- ~endix A to achieve a diverse student population reflective of
ty it serves. The School shall enroll any eligible student who
.
x.~' s a timely application. As permitted by Fla. Stat. 91002.33(15),
veferences will be given to children of A ventura residents. If the number of
~ ~ applications of Aventura residents' children exceed the capacity of a program,
"'" V class, grade level, or building, those applicants shall be given an equal chance
~ of being admitted through a random selection process. The random selection
c.
D.
process will reflect the diversity of the targeted community. After all A ventura
applicants have been offered seats, non-A ventura applicants will be enrolled,
as permitted by Fla. Stat., S 1002.33(1 O)(b). Pursuant to Fla. Stat. S
1002.33(10)(b), if the number of non-Aventura applications exceeds the
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 24 of 60
capacity of a program, class, grade level, or building, those applicants shall be
given an equal chance of being admitted through a random selection process. If
the number of applicants is below the desired number of students, the School
reserves the right to extend the application deadline, provided sufficient notice
IS gIven.
(2) Pursuant to Fla. Stat. 9 1002.33(10)( d), the School shall give enr~nt
preference the children of the residents of A ventura w~o a ing
enrollment, to a sibling of a student enrolled in the School or to ild of an
employee of the School. If{ ,
(3) Informational meetings will be held to inform interesan.~ts/guardians of
the mission of the School, the registration procesG:i~quired contractual
obligations. The School will provide this info~~ parents/guardians in
English as well as in other languages (e.~an~h and Haitian Creole).
(4) Students residing in neighborin~~ould be eligible to attend the
School under the inter-distric~re~ provisions provided for in Fla. Stat. 9
1002.33(10)(a) or as curreno1\wed between Miami-Dade and neighboring
counties' School BoardC
(5) To enroll a studen~hool must obtain proof of consent from the student's
parent or g~l;.)r from the student if the student is eighteen (18) years of
age or olde~ ~
(6) The S~],must maintain a record of all the students who apply to the School,
'\.. ~ Vnot they are eventually enrolled. The information shall be made
.~able to the Sponsor upon request.
~ The School's capacity shall be determined annually by the governing board, in
...0 ~ conjunction with the Sponsor, in consideration of the factors contained in Fla.
"'" Stat. 9 1 002.33(1 0). At no time shall the School's enrollment exceed the
maximum capacity established by the School site's Certificate of Occupancy,
Certificate of Use, or Fire Permit.
E. WITHDRAWAL OR TRANSFER OF STVDENTS.-- The School may not
withdraw or transfer a student involuntarily, unless the withdrawal or transfer is
accomplished through established administrative procedures mutually agreed upon in
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June l8, 1008
Page 25 of 60
this Contract, or through existing administrative procedures in the Sponsor's Board
Rules. Only the Sponsor School Board may expel a student. A student may
voluntarily withdraw from the School at any time and enroll in another public
school.
F. DISCIPLINE
(1) The School agrees to maintain a safe learning environment at all ti~n
order to provide criteria for addressing discipline issues that Wi!l.~~ the
health, safety and welfare of all students attending the School~~ool will
adopt and follow the Sponsor's Code of Student Conduct, ~i~ attached as
Appendix I. Students who attend Aventura City ofExc~~chool and their
parents/guardians will enter into contracts with the~iSsuch contracts will
detail the responsibilities that staff members, ~~and parents/guardians
are expected to fulfill. If parents/guar~s or students do not meet these
obligations, it will be recommen~\tl'student attend another school. If
necessary, the School will~urs~e withdrawal or transfer through
administrative procedures e~~ed under the Sponsor's Board Policy, but
administered by Scho~~nnel. For compliance with SPED student
discipline proced~~hool must refer to Procedures for Promoting and
Maintainin~a&")"~ing Environment, which is attached as Appendix G.
(2) Notwithsta~~the above acceptance of the Sponsor's Code of Student
Condu~~ School and the Sponsor may agree in writing for the School to
.ha~~ble amendments to the Code. All proposed amendments to the
~~ shall be submitted in advance to the Sponsor for approval.
~ ~e School agrees that it shall not engage in the corporal punishment of its
"" _ ~ students.
~. EXTRACURRICULAR ACTIVITIES.-- The School's students may participate in
extracurricular activities in accordance with the provisions of Fla. Stat. 9
1002.33(11 ).
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June lB, 2008
Page 26 of 60
V. FINANCIAL ACCOUNT ABILITY
A. ADMINISTRATIVE MANAGEMENT
(1) The School's financial activities and reporting of same will be subject to the
Florida Department of Education (DOE) Technical Assistance Notes (TAN)
99-09,2000-05, and 2001-05, incorporated into this Contract as Appendix J, as
well as any subsequently issued directives by the State and other a~le
Governmental Accounting Standards. -L '\. 0-
(2) The School agrees to provide reasonable proof of the ability tO~he initial
startup and the on-going operation of the School. ~
(3) The governing board of the School shall provide to~~sor, by August 20
of each year, an updated annual budget for r~ ~ Dudget shall include
projected sources of revenue, both ~bli')..and private, and planned
expenditures covering the entire school ~O"
(4) Florida Education Finance P~(FEFP) Payments. -- The Sponsor
shall calculate and submit t~ ~onthlY payments to the School. The
first payment will be made ~, 31. Subsequent payments will be made by
the 15th of each month Gning with August 15.
(a) Iu o~~e educational materials for students when classes
begi t payment shall include 75% of the full annual allocation of
i~~~tI al materials based on prior year membership, or based on
e~ent as of June 30, in the case of a new school.
'- ~yrnents shall be adjusted for any amounts due the Sponsor for services
.U' provided and/or expenditures incurred on behalf of the School during the
~~ ~ (c) current or previous year, as well as for administrative oversight.
V Late payments are subject to interest at the rate of 1 % per month
calculated on a daily basis until paid.
(d) Monthly payments shall not be paid for students in excess of the
School's enrollment capacity as indicated in Subsection IV.B. of this
Contract, and by the School facility's valid capacity as determined by the
School's Certificate of Occupancy, Certificate of Use, or Fire Permit
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 27 of 60
(whichever is less). In the event that the required county and/or
municipality facility permits do not indicate a facility capacity, the
School must submit a letter from the architect of record certifying the
capacity of the facility.
(e) The Sponsor shall withhold monthly payments if the School's Certificate
of Occupancy, Certificate of Use or Fire Permit has eXPired~as
otherwise become invalid. i' "\ ~
(5) Capital Outlay Payments. -- The Sponsor shall make tim~~ efficient
payment to the school upon receipt of all required SUPporti~J8.Jmentation.
(6) Any administrative fee withheld by the Sponsor shall gQ,ted to two percent
(2%) of available funds for the first 500 stu~s<\~ed in Fla. Stat. S
1002.33(20)(a) not including capital outlay fu ,'Pe~al and state grants, or
any other funds, unless explicitly pro~d oy law. If the school has a
population of 501 or more s~ 'J: difference between the total
administrative fee calculati,an~ amount of the administrative fee
withheld may be used ~:\:!j1!lt outlay purposes specified on Fla. Stat. S
1013.62(2). Access by Ozm:ool to services not required by legislation, but
available thrOUgh~nSOr, may be negotiated separately by the parties.
The 2% ad~~e fee will apply to the total number of enrolled students.
Notwithsta~his reduction, the Sponsor shall provide the administrative
serviceti;swired by Fla. Stat. S l002.33(20)(a), at no additional cost to the
.sc~ ~s 2% administrative fee is contingent upon the School satisfying
~~e following conditions:
~ '-(a) The location ofthe School has been approved by the Spoosor.
"" eJ (b) The facilities will be newly constructed or renovated, and not third party
"'" leases, and shall comply with all requirements identified in P ART V.
FINANCIAL ACCOUNTABILITY, Section C. FACILITIES, of this
contract.
(c) The credit rating of the Sponsor or its tax-exempt status will not be used
to finance the new school.
(d) The charter school site and facilities shall be owned by the City of
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 28 of 60
A ventura and shall be financed by separate bonds with a documented
repayment schedule, the proceeds of which were used only to finance
site acquisition and construction of the charter school facility, subject to
provision of subsection (e) below. The middle school addition of the
School was financed from the City's General Fund reserves. Future
expansions may be financed from the School funds or the City's ~al
Fund, at the City's discretion. ~
<ol In the event that the School is terminated or the cf::j~ventura
defaults on debt issued to finance the site or facility~A ponsor shall
have first right of refusal to assume possession ~ }'operty in return
for assuming the outstanding liability. The r~~ Sponsor must be
written into any bond indenture coveri~ '1i1ancing of the site or
facility. rfthe Sponsor exercises t . ht \; assume ownership, it agrees
to reimburse the City of A v
ally for its required principal and
interest payment, until ~h ti s the related debt may be fully paid or
refinanced by thd:eP. ~~with no prepayment penalty. Upon full
payment of the re bt, the City of A ventura shall transfer title of
both the si~ cility to the Sponsor along with any easements
neces?'!!-. &........: access and use of the School, free and clear of all
encu~es except those acceptable to the Sponsor.
(1) ~~ by the School to services not required in, but available through
. ~~nsor, may be negotiated separately by the parties.
(7~'\v1'~hool will contract separately with a private agency or the Sponsor to
~ "Irovide food service. Responsibilities for providing food and related services
""" ~ and meeting reporting requirements will be assumed by the School, with the
""" exception of the services related to eligibility and reporting duties required
under the federal lunch program, if requested by the School.
(8) The School shall utilize the standard state codification of accounts as contained
in the DOE's Financial and Program Cost Accounting and Reporting for
Florida Schools (Red Book), as a means of codifying all transactions
pertaining to its operations. The accounting for federal, state and local funds
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 29 of 60
shall be maintained according to existing guidelines, mandates, and practices,
i.e., separate funds and bank accounts for federal, state, and local funds as
required under applicable statutes.
(9) The School shall provide quarterly financial statements to the Sponsor, which
shall include a balance sheet and a statement of revenues and expenditures and
changes in fund balances prepared in accordance with Generally A~d
Accounting Principles in a format, as specified in paragraph (8) he~ove,
to include a detail of all revenue and expenditure activitie~~: to its
operations, and file the appropriate reports with the respect~ ~ and federal
agencies. In the event the School elects to foll~~erally accepted
accounting standards for not-for-profit organizatio~ ~ancial information
shall be reformatted for reporting purposes as ~~n paragraph (8) herein
above. Submission of the quarterly fina~~l s~}rements shall be within thirty
(30) days of the end of each quart~ \.)"
(10) If the School's quarterly fi~ia~ments reveal a deficit position, the
Sponsor shall require the SCM~submit a detailed financial recovery plan to
address the deficit, inc '~ank Reconciliation Statements and Monthly
Detailed General eports. Failure to timely submit quarterly financial
minimum, 1 e ponsor's withholding of subsequent payments to the School
withou~~1ty of interest as described in Section V(A) of this Contract, until
.t~~-ra cured.
(1 ~~hool shall provide the Sponsor with annual financial reports including a
~ \.J:.nagement letter, as of June 30 of each year for inclusion in the Sponsor's
"" ~ financial statements. These reports shall include a complete set of annual
""'" financial statements and notes thereto, prepared in accordance with Generally
Accepted Accounting principles and reflecting the detail of revenue sources
and expenditures by function and object at a level of detail that allows for
analysis of the ability to meet financial obligations and timely repayment of
debt. In addition, if a non-profit entity was created for the purpose of operating
the School and the School is not part of a pre-existing non-profit organization
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 30 of 60
or municipality, generally accepted accounting principles reqUIre that the
financial activities be accounted for using the governmental accounting model
applicable for state and local governments and their component units, as per
Government Accounting Standards Board (GASB) statement 34. The
following timeline must be adhered to for submitting the School's financial
reports: ,
(a) UNAUDITED STATEMENTS: NO LATER THAN AUGUS~~ l'ACH
YEAR. ,,~
(b) AUDITED STATEMENTS: NO LATER THAN~~MBER I OF
EACH YEAR. As defined in School Board Rule~1:'6A-1.471, No later
than May 1 of each year, the Charter Sc~~ formally notify the
Sponsor of the name, address and Phon~).;,f the auditor engaged to
perform the year end audit. ~
(12) An annual financial audit, requir b . tat. S 218.39, requested and paid
for by the School, shall ,-per ed by a licensed Certified Public
Accountant. The audit shc),,-performed in accordance with Generally
Accepted Auditin: S~~s, Government Auditing Standards, issued by the
Comptroller Gen~~: United States; and Chapter 10.850, Rules of the
Auditor Ge~~e of Florida, incorporated into this Contract as Appendix
L and in acw~ce with the requirements specified in the Audit Completion
Check~~ached as Appendix M.
~~~hOOI further agrees to provide the Sponsor with eight (8) copies of
~ such audit and the corresponding responses to the findings, which shall
~ be bound together in one complete report. In addition, two copies of the
"'" ~ audit report must be submitted to the Auditor General within forty-five
~ (45) days after delivery of the audit report to the School's governing
body.
(b) Financial audits that reveal a state of financial emergency as defined in
Fla. Stat. S 218.503 and are conducted by certified public accountant or
auditor in accordance with Fla. Stat. S 219.39 shall be provided to the
governing body and the City Manager of the charter school within 7
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June 18, 2008
Page 31 of 60
working days after finding that a state of financial emergency exists.
When a charter school is found to be in a state of financial emergency by
a certified public accountant or auditor, the charter school must file a
detailed Financial Recovery Plan with the sponsor within 30 days after
receipt of the audit. Failure to timely submit a Financial Recovery Plan
following a finding of financial emergency constitutes good ~to
terminate this contract. ~
(c) The Financial Recovery Plan submitted by the chart't;j,~l to the
Sponsor in response to a finding of financial emerge~~ suant to Fla.
Stat. 9 218.503 must address the specific audit AlS and must also
show how the charter school will meet its c~~future obligations
and be a financially viable entity within ~l~eriod specified in the
approved Financial Recovery Pla~he ~nancial Recovery Plan must
specify dollar amounts or&~cost avoidance, and/or realistic
revenue projections th\.. wi~w the charter school to correct the
condition(s) that ~~SChOOI to be found in a state of financial
emergency. The . 'al Recovery Plan must include appropriate
supporting ~ tion. The financial recovery plan will be reviewed
by th~~ )'~rsuant to School Board Rule 6Gx13-6A-1.471. If the
finan~covery plan submitted by the charter school is deemed
~~ptable by the Sponsor, this contract may be terminated.
.(d~~event of a finding of financial emergency and submission of an
"" '~~cePtable Financial Recovery Plan pursuant to Fla. Stat. 9218.503, the
~U' City Manager shall provide periodic financial reports to the school's
~ "rT governing board and the Sponsor in a format sufficient to monitor
~ progress toward achieving the Financial Recovery Plan. Failure to
provide such periodic progress reports could result in termination of this
contract.
(13) Failure of the School to comply with the timely submission of all financial
statements in the required format specified by the Sponsor, shall constitute a
material breach of this Contract and will result in the Sponsor's withholding of
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 32 of 60
subsequent payments to the School without penalty of interest as described in
Section V.(A) of this Contract.
(14) The Sponsor reserves the right to perform additional audits at its expense as
part of the Sponsor's financial monitoring responsibilities as it deems
necessary .
(15) A cumulative listing of all property purchased with public funds, i.e.~p,
grant, and any other public-generated funds, excluding City of AS~dS'
and a cumulative listing of all property purchased with privat~ and City
funds will be submitted yearly along with the annuaJ(a~ed financial
statements. These lists will include: (1) date of purchaaJitem purchased;
(3) cost of item; and (4) item locati on. ~ -...;.
(16) The School shall operate as a department ~the City of Aventura, a
governmental entity, and is su~iect to ~on-profit status and tax exempt
status of a municipality. ~
(17) Funding for student enroll~ i~ School shall be the sum of district
operating funds from tht('T\>)raa Education Finance Program (FEFP),
including gross state e ~cal funds, discretionary lottery funds, and
discretionary oper~llage funds divided by total district funded weighted
full-time e~~~TE) students times the weighted full-time equivalent
students of~ School. If eligible, the School shall also receive its
propo~~ share of categorical program funds included in the FEFP. The
.S~~ provide the Sponsor with documentation that categorical funds
~ved by the School were expended for purposes for which the categoricals
N were established by the Legislature.
"'" ~r8) The Sponsor may initially calculate monthly distributions to the School for up
~ to four (4) months based on the School's actual enrollment as of June 30, or
until the results of the October Full-Time Equivalent (FTE) become available.
The projected full-time equivalent student membership will be determined by
the actual student enrollment at the School at the conclusion of the second
week of student attendance. If enrollment at the end of the second week of
student attendance is less than 90% of projected enrollment, future monthly
A ventura City of Excellence School- Second Amendment to ContractualAgreement
June 18, 2008
Page 33 of 60
distributions shall be proportionally reduced. Thereafter, the results of the
FTE student surveys will be used in adjusting the amount of funds distributed
monthly to the School.
(19) Any eligible student enrolled in the School shall be provided federal funds for
the same level of service provided other eligible students in the schools
operated by the Sponsor, including Title I funding. ~
(20) Total funding shall be recalculated during the school year ~~tual
WFTE students reported by the School during the FTE student periods.
Additionally, funding for the School shall be adjusted ~ the year as
follows: ~ ~
(a) In the event ofa state holdback or a PTO~~~anges District
funding, the School's funding will be a ' s~ }oportionately. The
Sponsor will not be responsible ~ny liabilities incurred by the
School in the event of a Sta~~
(b) In the event that the ~ic~eds the State cap for WFTE for
Group 2 programs o)l~hed by the Legislature, resulting in
unfunded WFTE ~e district, then the School's funding shall be
reduced to r~ proportional share of any unfunded WFTE.
(21) Pursuant to~r;.; * lO02.33(9)(m), the School shall not levy taxes or issue
bonds secu~~ tax revenue except as within the specific authority of the
City o~UTa.
(2~'--.~hOOl is not renewed or is terminated, any public unencumbered funds,
. ~uding City of A ventura funds, from the School shall be forwarded to the
~ Sponsor within thirty (30) calendar days. In that event, all School property,
~ ~ improvements, furnishings, and equipment purchased with public funds,
~ excluding City of Aventura funds, as defined in Subsections I.(F) and
Y.(A)(14) shall revert automatically to full ownership by the Sponsor (subject
to any lawful liens and encumbrances). If the School's accounting records fail
to establish clearly whether a particular asset was purchased with public funds,
excluding City of A ventura funds, or non-public funds, it will be considered to
have been purchased with public funds and ownership of the asset will revert
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 34 of 60
to the Sponsor.
(23) If the School is not renewed or is terminated, the School is responsible for its
debts.
(24) Except for the first payment, which shall be made by July 31, payments shall
be made to the School no later than the 15th of each month from August
through June. See the Revenue Estimate Worksheet, Appendix N, for a~le
worksheet for calculating the School's revenues. The Sponsor s~ill\ ~lete
this worksheet the second month following the actual FTE ~~ periods.
The following invoice will be prepared by the Sponsor bass( ~ the original
revenue worksheet divided by the number of months i~~ool year until a
revised worksheet schedule is completed. ~ ~
(25) To determine invoice amounts after a revise~~ is complete, the
following steps should be performed: 0-
(A) Total Estimated Revenue as ~
(B) Less 2% Administrative ~rhY
(for first 500 students) 0 .....".,.
(C) Less 2% AdministrGOverhead
(for over 500 stud~
(D) Less p~ Date to Charter School
.(E~er (describe):
~
rz.;-<::i' (F) Equals Net Amount Due
~ (G) Divided by Number of Months Remaining
(
)
(
)
(
)
(
)
(H) Equals Amount this Payment
(26) The administrative fee retained by the Sponsor pursuant to this Contract
includes, among other things, a fee for academic and financial monitoring
I Funds deducted from Operating Budget and transferred to CapitaI Outlay Budget must meet criteria for CapitaI Outlay use.
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June 18, 2008
Page 35 of 60
required of the Sponsor by law.
(27) The parties agree that the Sponsor, with reasonable notice, may request at any
time and up to four (4) times a year reports on school operations and student
performances and the School shall provide the same in a timely manner, at
least within thirty days of receipt of said requests.
(28) The Sponsor reserves the right to require the School, and the School a~o,
adhere to any additional financial requirements mandated by. ~~rida
Department of Education. ,,~
(29) Any Title I funds allocated to the School must be used to s~~ent students'
greatest instructional needs that have been identifie&' a comprehensive
needs assessment of the entire School and s~i\n accordance with
federal regulations. The academic program fun~~h Title I shall include
Reading, Language Arts, Mathematics a~jence. The School's eligibility to
receive Title I funds will be base~~centage of students participating
in the Free and/or Reduce~ric~nch Program as determined by the
Economic Survey using ao~ermined cut-off level established by the
Sponsor. 0
(30) The per pupil all~ of Title I funds will correlate with the per- pupil
allocation ~~ents' home school. The allocation of Title I Funds shall
be made in ~dance with the Public Charter Extension Act of 1998 and all
correst0~ guidance and regulations.
(31t-\.~~ent item purchased with Title I funds costing $1000 or more,
.cP~h is classified as Capitalized Audio Visual or Equipment, remains the
~ property of Title I. This property must be identified, labeled and made readily
"" ~ available for Title I property audits.
~ (32) If the School accepts Title I funds, at least one percent of the Title I funds
budget must be spent in support of parental involvement activities.
(33) The Sponsor's Title I staff will provide technical assistance and support in
order to ensure that Title I guidelines are being followed at the School and that
students are meeting high content and performance standards.
(34) When the funding source requires that the Sponsor serve as the fiscal agent for
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 36 of 60
a grant, the School shall comply with the following procedures:
(a) prior to generating any paperwork to the funding agency, the School
shall notify Specialized Programs--Charter School Operations in writing
of its intent to submit a grant application;
(b) Specialized Programs -- Charter School Operations will forward the
written request, along with the grant application gUideli~to
Intergovernmental Affairs and Grants Administration (IAG~)\ ~
(c) upon receipt of the written request, IAGA will pr~~he grant
application procedures packet and time line for the sc~
(d) lAGA will process all application dO~ requiring the
Superintendent's signature; and ~ .,....
(e) in accordance with the establishe~e~e School will submit the
final application and the ap32ro r~Opies to IAGA for transmittal to
the funding agency.
(35) In the event that the Sponsor~t se e as fiscal agent, and indirect costs are
an allowable expense of th0nl' the School agrees that the Sponsor will be
permitted to retain gran@dS in an amount equal to the annually negotiated
indirect cost rat~ermined by the Florida Department of Education.
Indirect co~~ reflected in the budget of the grant application submitted
by the Scho~~
(36) If ~~r develops a District-wide grant, the School may be included in
~~ict proposal, if mutually agreed to in writing by the School and the
. \.3'onsor.
~ When grant proposals are developed by the Sponsor's staff using student or
....0 eJ school counts that include the School's students, and the grant is awarded to
~ the Sponsor, the pro-rata share of the dollars or services received from that
grant shall be distributed to the School, if eligible, as defined in the budget
developed for the grant.
(38) The School shall not suggest or represent to third parties, including, but not
limited to, vendors, creditors, other business entities or their representatives,
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 37 of 60
governmental entities, or other individuals, that the Sponsor wi11 guarantee
payment for any purchases made or debts incurred by the School, nor shall the
School represent that the Sponsor wi11 guarantee payment for any loans
secured by the School, or that the Sponsor will lend its good faith and credit in
order for the School to obtain a loan or other forms of credit. Pursuant to Fla.
Stat. S 1002.33(8)(f), "If a charter is not renewed or is terminated, th~er
school is responsible for all debts of the charter school. The Di~~ not
assume the debt from any contract for services made between overning
body of the school and a third party." At.. 0
(39) The Sponsor will cooperate and assist the School, ~~red by Florida
Statutes, to obtain capital outlay funding for whi~ ~ool is eligible, if
any. Procedures for submitting and approving ~~or funding under Fla.
Stat. S 1013.62, Charter SChO~IS a' al }r~tlay Funding, are hereby
incorporated into this Contract as p .
B. REPORTING OF STUDENTS "
(1) In order to facilitate the S~~ reporting requirements as reflected in the
legislation and in order e~e continuous data for students participating in
the School, the ~agree that the School will utilize the Sponsor's
electronic ~~1r~g facility and procedures for the processing of student
enrollment,~~dance, FTE collection, and assessment information. The
Sponsc('\riU analyze the School's facility and develop a hardware/software
oSo~ ~ch provides the School with limited access to the Sponsor's data
~~ssing facility. The School will provide hardware and related
~ \:[,frastructure. There will be no cost to the School for the related installation of
"'" ~ software programs.
~ (2) The Sponsor will also provide training for the School's personnel in the use of
designated District applications necessary to respond to the statutory
requirements of Fla. Stat. S 1008.345, including the annual report and the
State/District required assessment program. The Sponsor's support for this
function will be provided at cost and wi11 not exceed the 2% administrative fee
provided in the law. Access by the School to additional data processmg
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 38 of 60
applications, materials, or forms not required in the statute, but available
through the Sponsor, may be negotiated separately by the parties.
(3) If the School submits data relevant to FTE funding that is later determined
through the audit procedure to be inaccurate, the School shall be responsible
for any reimbursement to the State for any errors or omissions for which the
School is responsible. ~
C. FACILITIES ~ '\ ~
(1) The School agrees to use facilities that comply with the Florid~irMng Code,
pursuant to Chapter 553, including State Requiremeo(, \,rl Educational
Facilities, and the Florida Fire Prevention cod(~"i)J:;ding reference
documents, applicable state laws and rules, an~~~nd rules.
(a) The School shall provide for full cost 0 u chase and development of
tbe facility and site, including ~t limited to, the design, plan
reviews, inspections, and ~tIon. It is the responsibility of the
School to provide the ~on~ith certification of compliance with
these requirements b0)rding a signed and sealed statement to the
Sponsor from the etect of record stating that:
"I hav~ed and inspected the subject facility, and to the best
~Gowledge and ability have determined that: the project is
~pliance with applicable federal laws and rules, applicable
~ate statutes and rules, the Florida Building Code, including
. ~ Chapter 423, and the Florida Fire Prevention Code, including
~
~ e;~ (b)
reference documents, and that no asbestos containing materials
were specified for use in this building, nor were asbestos
containing materials used in the construction of this project."
The School shall be responsible for maintaining the facility pursuant to
the requirements of Chapter 5 of the State Requirements for Educational
Facilities (SREF) as may be amended, revised, or replaced, the
certification of occupancy, and provisions of applicable state and federal
laws and rules concerning public schools, and with the Florida Building
Code, including Chapter 423, and the Florida Fire Prevention Code,
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 39 of 60
including reference documents, to protect the health and safety of
building occupants.
The School is owned by the City of Aventura. The City's General Fund leases
the school facilities to the City's Charter School Fund. A copy of the lease
shall be available to the Sponsor at least thirty (30) calendar days before the
initial opening day of classes. ~
The School will be located at 3333 NE 188 Street, A ventura, Flori~,\ ~.
The School shall comply with all applicable laws, ordinancM~codes of
federal, state, and local governance, including the IDEA, t~~ and section
504 of the Rehabilitation Act. It is expressly agree~' the School shall
obtain all necessary licenses, permits, ~~~approval' facility
certification, and other approvals required for ilra ');ntinued occupancy of
the facility as required by the local ernment or other governmental
agencies, and copies shall be provo e
(a) Since charter schools a~ul1y cognized as public schools pursuant to
Fla. Stat. S 1002.33e)re School's operation shall be subject to
necessary local ~ment approvals including site plan approval
pursuant to ~t. S 1013.33. Zoning or other land use development
ordera,Gg the School use, if issued by the local government entity
having~diction over the area where the School property is located,
S@~tisfy the review requirements of Fla. Stat. S 1013.33.
.(~~hool further agrees that it shall be responsible for all cost for, or
~~ssociatcd with, complying with local ordinances, securing licenses,
~ permits, zoning, use approval, facility certification, and other approvals,
"'" ~ including, but not limited to, application fees, advertising costs, surveyor
~ costs, plan review fees, permit costs and licensing costs, and any other
additional charges or surcharges by the local government or other
(2)
(3)
(4)
governmental agencies.
(c) The School will show a valid and current Certificate of Occupancy, and
other certificates that are required by the applicable building and fire
enforcement authorities, as well as health and sanitation enforcement
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 40 of 60
authorities and including all other enforcement agencIes having
jurisdiction, at all times during the term of this Contract.
(d) The School agrees that at no time during the length of this Contract will
the enrollment capacity exceed the number of students permitted by
zoning capacity, applicable laws and regulations.
(e) If the School fails to obtain all permanent and temporary I~S'
permits, use approval, facility certification, and any other a~s as
required by the local government or any other gove~~;.~)OdieS
having jurisdiction or present evidence of the a~~ obtain the
approvals defined above prior to the opening da~trsses that can be
certified or confirmed by the local g~~t or any other
governmental bodies having jurisdiction~~st thirty (30) calendar
days prior to the initial opening d~ clr.se" this Contract may, at the
sole option of the sponsor~~ith no compensation due to the
School; however, the a~ca~all remain effective for the following
school year. ~ ....,.,
(I) If the School faiO'rri'aintain valid licenses, permits, use approval,
facility cert~, and any other approvals as required by the local
gove~rGany other governmental bodies having jurisdiction at any
time ~~ the term of this Contract, the Sponsor may withhold all
s~l}luent payments to the School until said permits, use approval, or
. ~~ certification are obtained.
(5O-~der to clearly maintain the appearance of neutrality toward religion and
~ politics, the School agrees not to affix any religious or partisan political
"'" e; symbols, statues, artifacts, etc., on or about the property and facilities where
'" the School will operate.
(6) If the School operates in leased facilities, the lease shall be for the term of this
Contract, or in lieu thereof, the School shall present a lease with a plan to
ensure a facility consistent with Subsection V.(C) subsections (1)-(6) above,
for the duration of the Contract.
A ventura City 0/ Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 41 of 60
D. TRANSPORT A TION
(1) The School agrees to provide transportation to the School's students consistent
with the requirements of Part 1. E. of Chapter 1006, Florida Statutes. The
governing body of the charter school may provide transportation through an
agreement or contract with a private provider or parents.
(2) At the discretion of the School's governing body, transportation ~be
provided through private providers who meet all applicable ~ and
Sponsor's safety and transportation standards with funds allo~~ ~igible
students. The School may choose to provide transportat~ \,.{tudents who
live beyond four (4) miles from the School, at its disc~. The School will
provide the Sponsor the name of the private tfl~;::~:;)~ovider and a copy
of the si goed transpmtation contract at least te~ llr ~king days prior to the
opening day of classes. :0
(3) Transportation shall not be a ba~qual access for all students residing
within a reasonable distance,~ g~ than four (4) miles, from the School
as determined in the SChOOlc.,~ortation plan in the approved application.
(4) The rate of reimbursee will be equivalent to the reimbursement rate
provided by the ~r all eligible transported students within the school
district. c:... C;
E. INDEMNIFICA~
(1) T~e Sc,to the exlent immunity may be waived pursuant to Fla. Stat. S
· . , agrees to indemnify, defend with competent counsel, and hold the
"0 nsor, its members, officers, and agents, harmless from any and all claims,
~ actions, costs, expenses, damages, and liabilities, including reasonable
"" ~ attorney's fees, arising out of, connected with or resulting from: (a) the
"'" negligence of the School's employees, contractors, subcontractors, or other
agents in connection with and arising out of their services within the scope of
this Contract; (b) disciplinary action or the termination of a School employee;
(c) the debts accrued by the School and/or non-payment of same; (d) the
School's material breach of this Contract or violation of law; (e) any failure by
the School to pay its suppliers or any subcontractors; or (f) personal injury,
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 42 of 60
property damage, or violations of civil rights that may arise out of, or by
reason of actions of the School and/or its employees, agents, and
representatives. However, the School shall not be obligated to indemnify the
Sponsor against claims, damages, expenses or liabilities to the extent these
may result from the negligence of the Sponsor, its directors, officers,
employees, and subcontractors. The duty to indemnify for prof~onal
liability as insured by the School Leaders Errors and Omissc~~)jty
Policy described in this Contract will continue in full for d effect
notwithstanding the expiration or early termination of Jiri~ntract with
respect to any claims based on facts or conditions ~ ')ccurred prior to
termination. In no way shall the School Lead~~s and Omissions
Liability Policy's three (3) year limitation ~'lrermination claims of
professional liability impair the Spon~ cl~m~ to indemnification with
respect to a claim for which th~~nsured or for which the School
should have been insured un~ C~rcial General Liability Insurance. In
addition, the School shall in~~, defend, and protect and hold the Sponsor
harmless against a~l clai ~actions brought against the Sponsor by reason
of any actual or e ringement of patent or other proprietary rights in
any materi;e achine or appliance used by the School.
(2) The Schoo notify the Sponsor of the existence of any third party claim,
deman~ ~ther action giving rise to a claim for indemnification under this
JJr~~ "third-party claim") and shall give each other a reasonable
~~')f~nity to defend the same at its own expense and with its own counsel,
..r\.... ~ovided that the Sponsor shall at all times have the right to participate in such
<l!:J ~T defense at its own expense. If, within a reasonable amount of time after receipt
"'" of notice of a third-party claim, the School shall fail to undertake to defend, the
~ other party 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 School, which the
School agrees to assume. The School or the Sponsor shall make available to
each other, at their expense, such information and assistance as each shall
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June 18, 2008
Page 43 of 60
request in connection with the defense of a third-party claim.
(3) The School's indemnity obligations under this provision and elsewhere in the
Contract shall survive the expiration or termination of this Contract.
F. INSURANCE
(1) Evidence of Insurance.-- The School shall provide evidence of liability
insurance in the following manner: ~
(a) As evidence of compliance with the insorance required by ~ fb:!xact,
the School shall furnish the Sponsor with fully comple~e ificate(s)
of Insurance signed by an authorized representati~~e insurer(s)
providing the coverage, before the initial openi~f classes.
(b) The Sponsor shall be notified, in writin~~chrol, of cancellation
of insurance within ten (10) days o~e ca~enation.
(c) Until such time as the insurance i_~onger required to be maintained
by the School, the School ~ide the Sponsor with evidence of the
renewal or replacemen~ the msurance no less than thirty (30) days
before the expiration e~ination of the required insurance for which
evidence wJ\.},~..d: Failure to comply with this section or to
t ~ ~i1fslte Insurance coverage shall constitute a material
brea ontract.
(2) Requir~e~. f Insurance.-- Insurers providing insurance required by the
~c~~s Contract must meet the following minimum requirements:
~ ~'Y~) authorized by subsisting certificates of authority by the Department of
.'-" Financial Services of the State of Florida, or (II) an eligible surplus lines
t?' ~ insurer under Florida Statutes. In addition, the insurer must have a
,..0 V Best's Rating of "A" or better and a Financial Size Category of "VI" or
~ better, according to the latest edition of Best's Key Rating Guide,
published by A.M. Best Company.
(b) If, during this period when an insurer is providing the insurance as
required by this Contract, an insurer fails to comply with the foregoing
minimum requirements, as soon as the School has knowledge of any
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 44 of 60
such failure the School shall immediately notify the Sponsor and
promptly replace the insurance with insurance provided by another
insurer meeting the requirements. Such replacement insurance coverage
must be obtained within twenty (20) days of cancellation or lapse of
coverage.
(c) Without limiting any of the other obligations or liabilities of the ~l,
the School shall, at the School's sole expense, procure, ;:j.,~ and
keep in force the amounts and types of insurance co~ . g to the
minimum requirements set forth in this Contract. ~~s otherwise
specified in this Contract, the insurance shall ~'l;:ce prior to the
commencement of the opening of the Schoo~~ be maintained in
force, without interruption, until this Con~ ~inated.
(3) Commercial General Liability Insura~- EtePt as otherwise provided in
this Contract, the Commercial ~~ility Insurance provided by the
School shall conform to the r~re~1s" hereinafter set forth:
( a) The School' s insura~~l cover the School for those sources of
liability (i:h:.e ~hout limitation, coverage for operations,
products/Co~~ ~perations, independent contractors, and liability
contr~VsUmed) which would be covered by the latest occurrence
form ~ of the standard Commercial General Liability Coverage
~.JJSO Form CG 00 01), as filed for use in the State of Florida by the
. ~~ce Services Office.
~ The mioimum limits to be maintained by the School (inclusive of any
~ amounts provided by an umbrella or excess policy) shall be $1 million
~ ~ per occurrence/$3 million annual aggregate.
~ (c) Except with respect to coverage for Property Damage Liability, the
Commercial General Liability coverage shall apply on a first-dollar basis
without application of any deductible or self-insured retention. The
coverage for Property Damage Liability may be subject to a maximum
deductible of$I,OOO per occurrence.
(d) The School shall include the Sponsor and its members, officers, and
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June l8, 2008
Page 4S of 60
employees as Additional Insured on the required Commercial General
Liability Insurance. The coverage afforded such Additional Insured
shall be no more restrictive than that which would be afforded by adding
the Sponsor as Additional Insured using the latest Additional Insured -
Owners, Lessees or Contractors (Form B) Endorsement (ISO Form CG
20 10). The certificate of insurance shall be clearly marked t~ct
"The Sponsor (The School Board of Miami-Dade count~"'t!J, its
members, officers, employees, and agents as Additional In "
(4) Automobile Liability Insurance.-- The Automobile ].laQ Insurance
provided by the School shall conform to the following ~~ents:
(a) The School's insurance shall cover the soQ ~ those sources of
liability which would be covered by Se~ ')r the latest occurrence
edition of the standard Business ~o P\1icy (ISO Form CA 00 01),
including coverage for liab~~UallY assumed, as filed for use in
the State of Florida by t""Ins~e Services Office.
(b) Coverage shall be.:~~on all owned, non-owned, and hired autos
used in connectio~is Contract.
(c) The minim~s to be maintained by the School (inclusive of any
amoua~ed by an umbrella or excess policy) shall be $1 million
per o~~ce, and if subject to an annual aggregate, $3 million annual
.e~te.
(5) .w~:qompensatiOn/EmPIOyerS' Liability Insurance.-- The Workers'
~pensatiOn/EmPIOyers' Liability Insurance provided by the School shall
~ conform to the following requirements:
"'" e., (a) The School's insurance shall cover the School (and to the extent its
~ subcontractors and its sub-subcontractors are not otherwise insured) for
those sources of liability which would be covered by the latest edition of
the standard Workers' Compensation Policy, as filed for use in Florida
by the National Council on Compensation Insurance, without restrictive
endorsements. In addition to coverage for the Florida Workers'
Compensation Act, where appropriate, coverage is to be included for the
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 46 of 60
Federal Employers' Liability Act and any other applicable federal or
state law.
(b) Subject to the restrictions found in the standard Workers' Compensation
Policy, there shall be no maximum limit on the amount of coverage for
liability imposed by the Florida Workers' Compensation Act or any
other coverage customarily insured under Part One of the ~rd
Workers' Compensation Policy. The minimum amount~ for
those coverage's customarily insured under Part Two standard
Workers' Compensation Policy shall be: EL Each ~Jl t: $500,000;
EL Disease-Policy Limit: $500,000; EL Di~'l"ach Employee:
$500,000. ~ ~
(6) School Leader's Errors And Omissions Lia . \9"'I~urance.-- The School
Leader's Errors and Omission Insurance conforming to the
following requirements: "-
(a) The School Leader's ~~and Omissions Liability Insurance shall be
on a form accePtaO~e Sponsor and shall cover the School for those
sources of ~ typically insured by School Leader's Errors and
OmiS~~l:hlity Insurance such as School Leader's Errors and
Omis~~iability Insurance policies offered by The National Union
~!1lsurance Company of Pennsylvania, arising out of the rendering or
. ~-y(;( to render professional services in the performance of this
~ Contract, including all provisions of indemnification, which are part of
~ this Contract.
"'" ~ (b) The insurance shall be subject to a maximum deductible not to exceed
~ $25,000 per claim.
(c) If the insurance is on a claims-made basis, the School shall maintain,
without interruption, the Professional Liability Insurance until three (3)
years after termination of this Contract.
(d) The minimum limits to be maintained by the School inclusive of any
amounts provided by an umbrella or excess policy, shall be $1 million
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 47 of 60
per claim/annual aggregate.
(7) Property Insurance
(a) If the School is the owner and/or has a mortgage on the school site
location, the School shall furnish on a form acceptable to the Sponsor,
Property Insurance for the "Building" which is to include the structure as
described in Section V.(e), Facilities, including permanently i~ed
fixtures, machinery and equipment, outdoor fixtures, a?-'\. ~onal
property to service the premises. If the building is un~~truction,
the School shall provide evidence of property insura~ ~he additions
under construction and alterations, repairs~~ing materials,
equipment, supplies, and temporary structu~~ 100 feet of the
premises. ~
In addition, e evidence of business personal
property coverage to in
iture, fixtures, equipment, and
(b)
machinery used in the ~ol.
(c) If the School leases tn~ocation, then the School shall provide on a
form acceptable t(!!J '(ponsor no later than thirty (30) calendar days
prior to the ~g of school, evidence of business personal property
insur~ Vclude furniture, fixtures, equipment and machinery used
in theS~1.
(8) APPIi~ All Coverages
e( ~~e Insurance provided by the School shall apply on a primary basis and
~~~~ other insurance or self-insurance maintained hy the Sponsor or its
~ members, officers, employees or agents, shall be in excess of the
"'" eJ insurance provided by or on behalf of the School. Except as otherwise
"'" specified, the insurance maintained by the School shall apply on a first-
dollar basis without application of deductible or self-insurance retention.
Compliance with the insurance requirements of this Contract shall not
limit the liability of the School, its subcontractors, its sub-subcontractors,
its employees or its agents to the Sponsor or others. Any remedy
provided to the Sponsor or its members, officers, employees or agents by
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 48 of 60
the insurance shall be in addition to and not in lieu of any other remedy
available under the Contract or otherwise.
(b) The School shall require its subcontractors and its sub-subcontractors to
maintain any and all insurance required by law. Except to the extent
required by law, this Contract does not establish minimum insurance
requirements for subcontractors or sub-subcontractors. ~
(c) Neither approval by the Sponsor nor failure to disapPro:o.,~ ~ce
furnished by the School shall relieve the School of t C ol's full
responsibility to provide the insurance as required bY~ ontract. The
School shall be in default of this Contract for rA" to maintain such
insurance as required by this Contract. s:<. ~
VI. GOVERNANCE STRUCTURE x..~
A. The seven members, duly elected ~~es of The City of Aventura
Commission, will serve as the SChO~B~f Directors (Board).
B. The primary responsibility of es"'ard is to lead in the identification and
development of broad gOalse specific objectives to be accomplished by the
School. The Board su)Q;hese goals and objectives by annually adopting an
operating budget~ U ..,...
C. The Board will o~~ the City Manager who will be responsible for the day-to-day
operations ~ school and exercise continuing oversight over the School's
oPif...i\..~e City's agreement with the education management company shall
en~1tt all the provisions herein and in the application attached hereto as
~ndix A shall be enforced.
~he School will be held accountable to its students, parents/guardians, and the
, ~ community at large, through a continuous cycle of planning, evaluation, and
reporting set forth in Fla. Stat. 9 1002.33.
E. The City Manager, pursuant to Resolution No. 2003-45 and the Municipal Charter of
the City of A ventura in consultations with School staff, will be responsible for the
over-all policy decision making of the School, to include creating/adjusting the
curriculum and developing and adopting an annual budget.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 49 of 60
F. Pursuant to Fla. Stat. S 1002.33(l2)(g), the School's governing board members shall
be fingerprinted by the Sponsor prior to the approval of the School's Contract. Board
members appointed to the governing board after the approval of the School's
Contract must be fingerprinted within thirty (30) days of their appointment. The cost
of fingerprinting shall be borne by the School or the governing board member. The
governing board agrees to dismiss governing board members whose fin~nt
check results reveal non-compliance with standards of good moral chara~,~
G. The Principal shall be an employee of the City and shall be direct~~vised by
the City Manager. The City may employ other key personnelS-\,JschOOI who
shall be directly supervised by the Principal. The teac~upport staff, and
contractual staff will be directly supervised by the ~;s. or the education
management company, as applicable, ~
H. An Educational Excellence School Advisory ~cil (EESAC) will be established
consistent with Fla. Stat. S 100 1.452 t~~hievement of the mission of the
School, and to ensure that the Scho~e~ needs of the children and community
it is developed to serve. To this e~~chool will detail and address the following
components, for its EESAC~~tablishment of by-laws; (b) composition of
membership; (c) elect~edures; (d) communication and posting of meeting
agendas and min~~nt to Fla. Stat. S 286.011 (Sunshine Law).
I. A School Advisory ~mittee (SAC) will be established to facilitate achievement of
the mission 0~ School, and to ensure that the School meets the needs of the
Childl'en~~unity it is developed to serve.
J. As~ed above, the School will be responsible for administrative school
~lons, such as bookkeeping, pursuant to the rules and policies that are developed
"" ~y the City Manager consistent with such standards for other public schools.
~. No employee of the school may be a member of the governing body.
L. No member of the School's governing board will receive compensation, directly or
indirectly, from the School's operations, including but not limited to grant funds.
Violation of this provision shall constitute a material breach of the Contract.
M. The School's parents/guardians will contractually agree to be responsible for their
children's attendance (per applicable rules and regulations), classroom participation,
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 50 of 60
and behavior. The School agrees to submit Parental Contracts to the Sponsor for
approval. Any amendments to the Parental Contracts shall be submitted to the
Sponsor in advance for approval. Attached, as Appendix P, is the School's Parental
Contract.
N. To insure that parents/guardians will have a strong voice in the governance of the
School, the following policies will be observed: ~
(l) board meetings will be open to the public in accordance with, .&{~t. S
286.011 (the Sunshine Law) pursuant to Fla. Stat. S 1002.~)1., and
parents/guardians shall be notified in a timely manner ~~couraged to
attend. Notification will also be available in languages ~~an English, e.g.,
Spanish, and Haitian-Creole; and ..0 ~
(2) periodic academic progress meetings will be ~}-parents/gUardianS as a
way to provide "open discussion" an~-way feedback on student and
program progress. ~
O. The School will comply with Flori~ta~ChaPter 119 (the Public Records Act)
pursuant to Fla. Stat. S 1002.33(1 eJt and any other applicable statutes pertaining
to public records. 0
P. The School's gOVerning~ its representatives pursuant to Resolution No. 2003-
45 and the Muni~cVer of the City of Aventura, will provide to the Sponsor on
an annual basis, ~tember 1 S\ a schedule of all governing body meetings for the
school year, Q.htding the date and time of the meeting and the locations. The
SChoe~ ~onsible for notifying the Sponsor of any changes to this schedule
at ~ (2) days prior to the meeting.
Q. ~ChOOI agrees to allow reasonable access to its facilities and records, including
"'" eiecords related to the governing board which meet the requirements of the Public
~ Records Act, to duly authorized representatives of the Sponsor. Failure to provide
such access will constitute a material breach of this Contract.
R. The School's governing board members shall be responsible for participating in
governance training approved by the department that include government in the
Sunshine, conflicts of interest, ethics, and financial responsibilities.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 51 of 60
VII. MANAGEMENT COMPANIES
A. If a management company will be managing the School, the contract between the
management company and the School shall be submitted to the Sponsor prior to the
approval of the School's Contract. All proposed amendments to the contract
between the management company and the School shall be submitted in advance to
the Sponsor for review. A copy of the amended management agreement ~be
provided to the Sponsor within five (5) days of execution. ~ "\ ~
If a management company is contracted subsequent to the execution ~~ontract,
the contract between the management company and the School s~~submitted to
the Sponsor for review prior to execution by the School. :-0 '
The contract between the School and the manageme~~ ~all require that the
management company operate the School in accorda e itli the terms stipulated in
this Contract and all applicable laws, ordi~, rules, and regulations. The
contract between the School and the ~ent company shall allow the School
the ability to terminate the cont~ ~he management company. Neither
employees of the management co~'}nor members of the management company's
employees' families, as define~ool Board Rule 6Gx13-4A-1.18, Assignment-
Members of the Same ~hall sit on the School's governing board or serve as
officers of the co~~
Any default or b;--~ of the terms of this Contract by the management company
shall constit~~efault or breach by the School under the terms of the Contract
be~~~l and Sponsor.
RESOURCES
B.
c.
D.
(1) The Governing Board of the charter school, through its City Manager pursuant
to Resolution No. 2003-45 and the Municipal Charter of The City of A ventura,
will employ qualified, professional staff, contract with qualified entities for
administrative, management and/or educational services; and/or utilize the
services of a professional education management company for all the daily
operations of the School. The principal and other key personnel shall be
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June l8, 2008
Page 52 of 60
employees of the City. An education management company or other qualified
entity will be the actual employer of the School staff. All employees of the
School will receive benefits including health, retirement and all other benefits
prescribed by Federal and State Labor Law. City employees shall be hired
pursuant to the personnel policies and procedures of the City. City employees
shall be hired pursuant to the personnel policies and procedures of tli~fity.
The School shall contract with the education management com::l~);er
qualified entity to hire all other School employees, and shall su . annually
to the Sponsor its written strategies used to recruit, hir~ Q, and retain
qualified staff. The School agrees that its employ~~ctices shall be
nonsectarian pursuant to Fla. Stat. S 1002.33(9)(a). ~ ~
The governing hoard shall strive affirmatiVely~"lre equal opportunity in
employment. "-
All instructional staff employed ~~ contract to, the School shall be
certified as required by Cha~r ~ Florida Statutes, and shall meet all
requirements for highly qua *'.~structional personnel as defined by the No
). The School may employ or contract with
skilled selected n led personnel to provide instructional services or to
assist instr~~ f members as education paraprofessionals in the same
manner as~ed in Chapter 1012. Their resumes/biographies shall be
availa~ ~ parents/guardians and community members upon request.
J>a~~ians will be advised of the School's commitment to providing
~~)"~ing professional development programs for its teachers to enhance their
_ ~ ~ility to maximize student learning.
~ The School agrees to provide the Sponsor with the names and social security
~ numhers of all applicants the School is interested in employing. In order to
ensure that all School employees are processed properly through the Sponsor,
(2)
(3)
the School will provide the Sponsor copies of monthly payroll rosters as
directed. The payroll rosters should, at a minimum, indicate the payroll period,
the number of days that each individual was paid for, and the daily rate of each
salary or the total amount paid to each individual during that period. Failure to
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 53 of 60
provide this information in a timely manner may result in withholding of FTE
payments until the information is provided and shall constitute a breach of this
Contract. A repeated failure to provide this information shall be deemed a
default of this Contract. The parties agree that the School will utilize the
Sponsor's specifically-designed Automated Charter School Employee System
(ACES) and procedures for processing staff information. The Sponso~es
to provide appropriate training to School personnel on the use Of~~jC
reporting facility.
(5) The School agrees not to employ an individual for instructjtOrvices if the
individual's certification or licensure as an educator iA)hded or revoked
by this or any other state. The School shall moni~~r certification and
ensure that teachers maintain their certification~~ all times. Temporary
instructors employed by the School m~av}a current substitute teaching
certificate issued by the Sponsor. ~ U"
(6) The School agrees not to e~y ~dividual who has resigned in lieu of
disciplinary action or who h~~dismissed by any school district.
(7) The School agrees to e'tito the parents/guardians and the Sponsor the
qualifications of i~rs upon request.
(8) Pursuant t~~. SS 1012.32(2)(a), 1012.465, and 435.04, and School
Board Rule6~3- 4C 1.021, as well as 2005 HB 1877, the Jessica Lunsford
Act, thti:jwol agrees to fingerprint for level 2 screening of all applicants, for
ein~~ and non-instructional positions, that the School is interested in
~oyjng. Additionally, the School agrees that each of its employees,
~ representatives, agents, subcontractors, or suppliers who are permitted access
~ ~ on school grounds when students are present, who have direct contact with
~ students or who have access to or control of school funds must meet level 2
screening requirements as described in Fla. Stat. SS 1012.32 and 435.04 and,
upon obtaining level 2 clearance, must obtain the required Sponsor-issued
p~oto identification badge which shall be worn by the individual at all times
while on School property when students are present.
(9) The Sponsor shall perform the processing of each applicant's fingerprints and
Aventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 54 of 60
the issuance of the photo identification badges. The School or the applicant
shall bear any and all costs associated with the required fingerprinting, Level 2
background screening, and photo identification badge.
(10) The School agrees that School employees shall not be hired pnor to the
Sponsor's receipt and review of the fingerprinting and Level 2 background
screening results of the charter school applicants from the Florida De~~nt
of Law Enforcement and the Federal Bureau of Investigation. PO~~OOI
employees shall submit official court dispositions for~ cimi enses of
moral turpitude listed as part of their fingerprint results. T I agrees not
to hire applicants whose fingerprint check and Level 2~; ng results reveal
non-compliance with standards of good moral char~ ~ncompliance may
result in withholding of FTE payments and ~~itute a breach of this
Contract. X. }.-.
(11) The School agrees to conduct ~~ screening on all applicants for
instructional and non-ins:s::~sitions with the School, including
contracted personnel, in th~ r set forth in the Sponsor's School Board
Rule 6Gx13- 4-1.05 an ~iami-Dade County Public Schools' Drug-Free
Workplace Gene y Statement, attached hereto as Appendix Q. A
employmen . cost of drug screening will be borne by the School or the
applic~ .-
(12).~~~grees to require all instructional employees who hold Department
~~cation teaching certificates to self-report within 48 hours to appropriate
~ '-l'thorities any arrest and final dispositions of such arrest other than minor
'" rtJ "'ty' traffic violations. (DUI is not considered a minor traffic violation.) The
~ School further agrees to require employees to adhere to School Board Rule
6Gx13- 4A-1.21, Responsibilities and Duties, 6Gx13-4-1.08, Violence in the
Workplace, and 6Gx13-4A-1.302, prohibiting employees from bringing
firearms onto School property. The School shall be responsible for the
investigation and discipline of any School employee who may be in violation
of these Rules.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 55 of 60
( 13) The School agrees to require that its employees abide by the guidelines set
forth in Chapter 6B-1.00 I, Code of Ethics of the Education Profession in
Florida, and Chapter 6B-1.006, Principles of Professional Conduct for the
Education Profession in Florida, hereby attached as Appendix R (Code of
Ethics - Education Profession). The School shall be responsible for the
investigation and discipline of any School employee who may be in V~~)ll
of these regulations. '" "\ ~
(14) Attached, as Appendix S (Personnel Policy), is the Sch~licy for
selecting and employing personnel. ~ V
(15) The School shall employ only individuals legally au~~d to work in the
United States pursuant to federal immigration ~ ~~S regulations.
(16) Pursuant to Fla. Stat. ~ 1002.33(12)(b~SCh I employees shall have the
option to bargain collectively and may tively bargain as a separate unit
or as part of the existing Sc~ nct collective bargaining unit as
determined by the structure o~~.
(17) The School expressly ree the right to discipline its employees in
accordance with the la~the State of Florida (and consistent with the Rules
of the State Board~catiOn) and any applicable federal laws. The School
will apply ~r:;; consistent, and even-handed procedures in disciplinary
actions. Te;.;;Jed employees are entitled to receive compensation for the
B. PRJt~~:~:: ::;:~~ES
IIIl.. ~ School will be a private employer. (If the School herein elects to be a
~PUbliC employer, the School may participate in the Florida Retirement System
~ ~ upon application and approval as a "covered group" under Fla. Stat.~
~ 121.021 (34). If a charter school participates in the Florida Retirement System,
the charter school employees shall be compulsory members of the Florida
Retirement System.) Teachers and other staff on approved charter school leave
from the Sponsor will be considered employees of the School and as such will
not be covered by the contract between the United Teachers of Dade (UTD)
and M-DCPS.
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 56 of 60
IX. MISCELLANEOUS PROVISIONS
A. Neither party shall be considered in default of this Contract if the performance of any
section or all of this Contract is prevented, delayed, hindered or otherwise made
impracticable or impossible by reason of any strike, flood, hurricane, riot, fire,
explosion, war, act of God, sabotage, accident or any other casualty or cause ~d
either party's control, and which cannot be overcome by reasonable di~ and
without extraordinary expense. r-'\ ~ v
B. This Contract shall constitute the full, entire, and complete agr~~between the
parties hereto. All prior representations, understandings, a~reements whether
written or oral are superseded and replaced by this ~~~s Contract may be
altered, changed, added to, deleted from, or modifi y through the voluntary,
mulual consent of the parties in writing. Any ~nllal amendment to this Contract
shall require approval of the School Bo~
C. This Contract shall not be assigne~ ~party. The School may, without the
consent of the Sponsor, enter int~~cts for services with an individual or group
of individuals organized as ~~rshiP or cooperative so long as the School
remains ultimately resp~or said services as set forth in this Contract.
D. No waiver of an~~n of this Contract shall be deemed or shall constitute a
waiver of any oth~~vision unless expressly stated. The failure of either party to
insist in any Q.JjMi more instances upon the strict performance of anyone or more of
the{~ ~his Contract shall not be construed as a waiver or relinquishment
of.~ or provision, and the same shall continue in full force and effect. No
~r or relinquishment to any provision of this Contract shall be deemed to have
"'" ~een made by either party unless in writing and signed by the parties.
~. Non-compliance with any of the terms and conditions of this Contract shall
constitute a material breach of contract.
F. All representations and warranties made herein shall survive termination of this
Contract.
G. If any provision or any section of this Contract is determined to be unlawful, void or
invalid, that determination shall not affect any other provision or any section of any
A ventura City of Excellence School - Second Amendment to Contractual Agreement
June 18, 2008
Page 57 of 60
other provision of this Contract and all such remaining provisions shall continue in
full force and effect, notwithstanding.
H. This Contract is not intended to create any rights of a third party beneficiary. This
clause shall not be construed, however, as contrary to any statutory or constitutional
right possessed by a member of the community, a student, or parent/guardian of a
student of the School. ~
This Contract is made and entered into in the State of Florida and shall ~~eted
according to the laws of Florida, with venue in Miami-Dade Cou~ e parties
mutually agree that the language and all parts of this Contract ~~ all cases be
construed as a whole according to its fair meaning, and not s~ 1;r or against any
of the parties. ~ ~
Every notice, approval, consent or other communi~~nr.~orized or required by
this Contract. shall not be effective unless sam~.all e in writing and sent postage
prepaid by United States mail, directe~ ~r party at its address hereinafter
provided or such other address as ~r ~ may designate by notice from time to
time in accordance herewith: 0 ~
Aventura City of Ex 11 ce School
Eric M. Sorok, 1 anager
City of Aven~a\'
19200 ~s ~try Club Drive
Aventur, 1 ida 33180
Av~ra ty of Excellence School
Jul , Principal
. ~ 188 Street
~ '~~ntura, Florida 33180
~U" The School Board of Miami-Dade County, Florida
rj ~' Attn.: Superintendent of Schools
,..0 V 1450 N.E. Second Avenue, Suite 931
~ Miami, FL 33132-1308
I.
J.
And copies of all Notices to:
Clerk of the School Board
1450 N.E. Second Avenue, Suite 268B
Miami, FL 33132-1308
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18, 2008
Page 58 of 60
K. The School and the Sponsor both represent that they have been represented in
connection with the negotiation and execution of this Contract and they are satisfied
with the representation.
L. The headings in the Contract are for convenience and reference only and in no way
define, limit, or describe the scope of the Contract and shall not be considered in the
interpretation of the Contract or any provision hereof. ~
M. This Contract may be execnled in any number of counterparts, each O~~hall
be an original, but all of which together shall constitute one Contract,"",
N. Each of the persons executing this Contract represent and warra~~hey have the
full power and authority to execute the Contract on behal.f~arty for whom he
or she signs and that he or she enters into this Con~ ~ or her own free will
and accord and in accordance with his or her own -rgfnent, and after consulting
with anyone of his or her own choosing, in~g hut not limited to his or her
attorney. ~
O. In the event of any conflict he~ ~rovisions of this Contract and any
Appendix, this Contract shall pre:C
o
C;J~
. ~6.0
~
~e;~
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 59 of 60
IN WITNESS WHEREOF, the parties hereto have executed this Contract as of the day and year
THE CITY OF A VENTURA, FLORIDA, on ~lf of
A VENTURA CITY OF EXCELLENCE ~~L
By 1\..04
Signature of Cit~"kger
~
Name 0 ~
CIty Manager
~
THE SCHOOL B~OF MIAMI - DADE COUNTY, FLORIDA
o
By: ~
Rudolph F. Crew, Ed.D.~ ~
Secretary 7
APPROVED~~~
~
first above written.
ATTEST:
By:
Signature of City Clerk
Date
Name:
City Clerk
ATTEST:
Date
Date
By:
Mr. Agustin 1. Barrera
Chair
Date
A ventura City of Excellence School- Second Amendment to Contractual Agreement
June 18,2008
Page 60 of 60
CITY O;F AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM:
Eric M. Soroka, ICMA-CM, Cit
Delvista Towers
TO:
City Commission
DATE:
June 25, 2008
SUBJECT: Traffic Control Jurisdiction
Condominium Association, Inc.
July 1, 2008 City Commission Meeting Agenda Item .5 ~
RECOMMENDATION
It is recommended that the City Commission authorize the execution of the attached
Traffic Control Jurisdiction Agreement with Delvista Towers Condominium Association,
Inc. to provide traffic control jurisdiction by our Police Department over the private roads
within the condominium
BACKGROUND
In our continued efforts to provide improved police services to the community, we have
initiated a program that allows a condominium or homeowners associations to enter into
an Agreement with the City to provide traffic control jurisdiction over a private roadway
within the development. This permits the Police Department to conduct traffic
enforcement activities on private property at the request of the owner.
Florida State Statute 316.006 allows municipalities to enter into such agreements
provided they are reimbursed for the actual costs of traffic control and enforcement, the
owner agrees to indemnify the City and provide liability insurance.
The City will bill the owner $25.00 per hour for each officer required to perform the
traffic enforcement detail when requested by the owner. Whenever possible, traffic
complaints made by the occupants of the property will be responded to and handled as
a call for service, without charge to the owner.
The program has been received well by the community.
If you have any questions, please feel free to contact me.
Memo to City Commission
Page 2
EMS/aca
Attachment
CC01233-03
RESOLUTION NO. 2008-_
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA AUTHORIZING THE CITY
MANAGER TO EXECUTE THE ATTACHED TRAFFIC
CONTROL JURISDICTION AGREEMENT BETWEEN
DELVISTA TOWERS CONDOMINIUM ASSOCIATION, INC.
AND THE CITY OF AVENTURA; AUTHORIZING THE CITY
MANAGER TO DO ALL THINGS NECESSARY TO CARRY
OUT THE AIMS OF THIS RESOLUTION; AND PROVIDING
AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, THAT:
Section 1. The City Manager is hereby authorized to execute the attached
Traffic Control Jurisdiction Agreement between Delvista Towers Condominium
Association, Inc. and the City of Aventura.
Section 2. The City Manager is hereby authorized to do all things necessary to
carry out the aims of this Resolution.
Section 3. This Resolution shall become effective immediately upon its
adoption.
The foregoing Resolution was offered by Commissioner _, who moved its
adoption. This motion was seconded by Commissioner _' and upon being put to a
vote, the vote was as follows:
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
Resolution No. 2008-
Page 2
PASSED AND ADOPTED this 1st day of July, 2008.
SUSAN GOTTLIEB, MAYOR
ATTEST:
TERESA M. SOROKA, MMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
TRAFFIC CONTROL JURISDICTION AGREEMENT
THIS AGREEMENT is made and entered into thiS~"~; of dv"ve . 200~
by and between 1)eL V i eS-rf1 If'Cl./ ef2.!J.' COJf)o tvh/1,)d/41 / >0 C Ul'-r/"crA /.J-)\/ c. .
(the "Owner") and the City of Aventura, Florida, a Florida municipal corporation (the
"City").
RECITALS
A. Owner owns fee simple title to all the private roadways within the area
described as follows:
^1~3 Cf'~ c+.
J)R IVeLtP9-)<5 . f~'k-i~ Me\It-.ss
,
of Dade County, Florida, and commonly known as 'DEL 'V1-s-r:4 7OUJe7<-s.
(the "Private Roads").
B. Owner desires the City to exercise traffic control jurisdiction over the Private
Roads, and City desires to exercise such traffic control jurisdiction, pursuant to Florida
State Statutes 316.006.
NOW, THEREFORE, for Ten and No/lOb Dollars ($10.00) and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, .
Owner and City agree as follows:
1. Recitals. The foregoing Recitals are true and correct and are incorporated
herein by this reference.
2. Traffic Control Jurisdiction Services. The City agrees to exercise traffic
control jurisdiction over the Private Roads in accordance with the following terms and
conditions.
(a) City shall provide for Police Officers of its Police Department to patrol, by
motor vehicle, the Private Roads, in accordance with the schedule and manpower
indicated on Exhibit "A" attached hereto, subject to availability.
(b) In exercising such traffic control jurisdiction, the City shall enforce the
traffic laws generally applicable to streets and highways under the City's original
jurisdiction which are similar in nature to the Private Roads, except only that the City
shall enforce the speed limit established by Owner, in Owner's sole discretion, for the
Private Roads, which speed limit Owner shall post along the Private Roads by
appropriate signage.
(c)' The City's exercise of traffic control jurisdiction pursuant to this Agreement
shall be in addition to the jurisdictional authority presently exercised by the City over the
Private Roads under law, and nothing herein shall be construed to limit or remove any
such jurisdictional authority, the City agreeing to continue to provide such other police
services as are otherwise provided under law.
(d) In addition to exercising traffic control jurisdiction over the Private Roads
as indicated on Exhibit "A", the City shall be entitled to exercise traffic control
jurisdiction, even when not requested by Owner; provided, however, the City shall not
be entitled to any compensation from Owner pursuant to Paragraph 3 below for
exercising such discretionary additional traffic control jurisdiction, although the City shall
2
be entitled to retain all revenues from traffic citations issued by the City for violations of
traffic laws along the Private Roads, in accordance with law.
(e) Nothing in this Agreement shall require, authorize or permit the City to
exercise any control or responsibility concerning the installation or maintenance of traffic
control devices.
3. Compensation. Owner shall compensate City for the services performed
by the City under this Agreement at the rate indicated on Exhibit "B" attached hereto, so
as to assure full reimbursement for costs incurred by City, as determined by City, on the
15th day of each month for service provided in the prior month, upon invoice from City.
In addition, the City shall be entitled to retain all revenues from traffic citations issued by
the City for violation of traffic laws along the Private Roads as provided by law. Except
as provided in the first sentence of this Paragraph 3, Owner shall not be responsible to
pay the City any compensation for performing police services pursuant to this
Agreement. This shall not preclude the assessment of impact fees or other fees
provided by law.
4. Liabilitv Not Increased. Neither the existence of this Agreement nor
anything contained herein shall give rise to any greater liability on the part of the City
than the City would ordinarily be subjected to when providing its normal police services
as routinely provided throughout the City.
5. Term. The term of this Agreement shall be one (1) year commencing on
the date hereof and ending one (1) year following the date hereof, and shall thereafter
automatically continue for successive one (1) year terms, unless terminated by either
3
party upon written notice to the other party given at least thirty (30) days prior to the
expiration of the then-applicable one (1) year term.
6. Entire Agreement. This Agreement constitutes the entire understanding
and agreement of the parties with respect to the subject matter hereof and may not be
changed, altered or modified except by an instrument in writing signed by the party
against whom enforcement of such change would be sought.
7. Governinq Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Florida. Venue for any litigation between the
parties for any controversy arising from or related to this Agreement shall be in the 11th
Judicial Circuit in and for Dade County, Florida.
8. Indemnification and Insurance. Owner agrees to defend, indemnify and
hold the City harmless from any claim, demand, suit, loss, cost, expense or damage
which may be asserted, daimed or recovered against or from the City by reason of any
property damage or bodily injury, including death, sustained by any person
whomsoever, which said claim, demand, suit, loss, cost, expense or damage arises out
of or is incidental to or in any way connected with this Agreement, and regardless of
whether such claim, demand, suit, loss, damage, cost or expense is caused in whole or
in part by City's negligence, or by the negligence of City's agents, seNants or
employees. In support, but not in limitation of this indemnification provision, Owner
hereby agrees to maintain and pay all premiums for a policy of comprehensive general
liability insurance in an amount of not less then $300,000 combined single limit
insurance covering any occurrence on or adjacent to the Private Roads described
above, resulting in property damage or bodily injury or death to person or persons.
4
Such insurance policy shall name the City and City's officers, agents and employees as
additional insured with respect to traffic control or enforcement of the Private Roads and
shall provide for 30 days prior written notice of any cancellation or change in scope or
amount of coverage of such policy. Owner shall furnish City with a Certificate of
Insurance evidencing compliance with the provisions of this section.
EXECUTED as of the date first above written in several counterparts, each of
which shall be deemed an original, but all constituting one Agreement.
Signed. sealed and delivered
In the presence of:
:,. I' . '., (\1 r'~ \. r. . '
-7:"{C,~,,\t\ 1.J:tt~~y~
__ N C;-f1'Y::':' rY \\?\ I (. ~ r. . I y\tj
". ",...(1"". "\ ,. -:T', V" r;\,J::'1 ('0 VV\ (~" !O ,j.
......:t^-y '\.., \I,\..I \/"... .....\<. ~ \ '\'X \..Y vv
ct'L~~V) it', ~\.~~ r\..~ v ~C c. <t.. '
1f;RegNGoIlIIIft
. . My CommluIon 003I7tt1
~ Of t;I ExplreI Oclober 01. 2IIllI
OWN ER:
7'){.:L'v' ( S.t.'1 ;'""Z' C'V(":I.!-~ C~;'/" ;:){'i//v/ l-~J
A'S~C,'( Ift7/0M . Xr"vc-
,
/~ r~ ..~ (.'.
,.---t ~/: ;..-/,
e?; '/.'[..clp"'(./ ,L~C7-:"'-'
CITY OF A VENTURA, a Florida
Municipal corporation
ATTEST:
By
Teresa M. Soroka, CMC/AAE
City Clerk
Eric M. Soroka
City Manager
Approved as to Legal Sufficiency:
City Attorney
5
Exhibit A
Patrol
Aventura Police Officers in marked police vehicles or motorcycles will patrol the
private roads of thev€ L\J l.S't/t 7Oc"1,) C::"M C{.:JlvV()A4/A~'/'{'//Vl ,..4S:S'D C. on
a random basis 24 hours per day. Whenever possible, Traffic complaints made
by occupants of the property, will be responded to and handled as a call for
service, without charge to the Owner. Traffic complaints that require extended
patrol, where the cost of service will be billed to the Owner, will only be
conducted with prior approval of the Owner. When requested by the Owner to
perform specific traffic enforcement duties, the Owner will be billed in accordance
with Exhibit 8.
6
Exhibit B
Compensation
The City will bill the Owner $25.00 per hour for each officer required to perform
the requested traffic enforcement detail.
7
CITY OF AVENTURA
OFFICE OF THE CITY MANAGER
MEMORANDUM
FROM: Eric M. Soroka, ICMA-CM, City
TO: City Commission
DATE: May 15, 2008
SUBJECT: Police Cost Recovery Ordinance
1st Reading June 3, 2008 City Commission Meeting Agenda Item ~
2nd Reading July 1, 2008 City Commission Meeting Agenda Item g
RECOMMENDATION
._,
Based upon information provided by the Police Department, it is recommended that the
City Commission adopt an Ordinance to create a mechanism which permits the City to
recover the costs incurred by the Police Department, including costs incurred in
responding to a suspected crime scene, investigating and reporting suspected crime,
apprehending and/or transporting persons accused of committing crimes, and assisting
the prosecuting authorities in connection with the prosecution of crime, in those
circumstances in which criminal prosecutions are abandoned, dismissed or fail as a
direct result of the failure of the responsible person of a business establishment to
appear as required by law.
This Ordinance, by the creation of a cost recovery mechanism, will serve to mitigate the
financial harm which is caused to City law enforcement resources by the failure of
responsible persons to appear as required by law.
This matter was discussed at the May Commission Workshop meeting. If you have any
questions, please feel free to contact me.
EMS/act
Attachment
CC01619-08
ORDINANCE NO. 2008 -_
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA;
AMENDING THE CITY CODE BY AMENDING CHAPTER 18
"BUSINESS REGULATIONS,TAXES AND PERMITS", BY
CREATING ARTICLE IV" POLICE COST RECOVERY";
CONSISTING OF SECTION 18-80 "RECOVERY OF COSTS
FOR FAILURE OF RESPONSIBLE PERSON TO APPEAR ON
BEHALF OF BUSINESS"; PROVIDING A MECHANISM FOR
THE RECOVERY OF COSTS INCURRED BY THE CITY
POLICE DEPARTMENT UNDER CIRCUMSTANCES IN
WHICH A CRIMINAL PROSECUTION IS ABANDONED,
DISMISSED OR FAILS AS A DIRECT RESUL T OF THE
FAILURE OF A RESPONSIBLE PERSON TO APPEAR IN LAW
ENFORCEMENT OR COURT PROCEEDINGS, ON BEHALF
OF THE OWNER OR OPERA TOR OF A BUSINESS
ESTABLISHMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR
PENALTY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, based upon information provided by the police department of the City of
,A ventura ("City"), the City Commission finds that it is necessary to create a mechanism which
,."~.
permits the City to recover the costs incurred by the City's police department, including costs
incurred in responding to a suspected crime scene, investigating and reporting suspected crime,
apprehending and/or transporting persons accused of committing crimes, and assisting the
prosecuting authorities in connection with the prosecution of crime, in those circumstances in which
criminal prosecutions are abandoned, dismissed or fail as a direct result of the failure of the
responsible person of a business establishment to appear as required by law; and
WHEREAS, this Ordinance, by the creation of a cost recovery mechanism, shall serve to
mitigate the financial harm which is caused to City law enforcement resources by the failure of
responsible persons to appear as required by law; and
WHEREAS, the City Commission has held the required public hearing, duly noticed in
accordance with law; and
Ordinance No. 2008-
Page 2
~~,
WHEREAS. the City Commission finds that this proposed Ordinance serves to further
enhance the protection of the public health, safety and welfare and to protect and preserve limited
public resources.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2.
City Code Amended. That Chapter 18 "Business Regulations, Taxes, and
Permits" of the City Code, is hereby amended by creating Article IV "Police Cost Recovery",
consisting of Section 18-80 "Recovery of Costs for Failure of Responsible Person to Appear on
behalf of Business," to read as follows:
<"~
ARTICLE IV. POLICE COST RECOVERY
Section 18-80. Recovery of Costs for Failure of Responsible Person to Appear on bebalf of
Business.
a) Definitions. The following terms used in this section shall have the meaning ascribed to
them in this paragraph unless the context requires otherwise.
(i)
Business Owner or Operator: the owner or operator of a business
establishment which is operating within the City or which holds a Local Business Tax Receipt
issued by the City, which business is the victim, subject, complainant, reporter or is the site of
the suspected commission of criminal activity or transactions, and which activity or transaction is
within the jurisdiction of the City police department, and who, as a business owner or operator,
may be liable for Costs Incurred upon a Responsible Person's Failure to Appear as provided by this
.,^~"-"
section.
2
Ordinance No. 2008-
Page 3
(ii) City: the Florida municipal corporation situated within Miami-Dade County,
Florida, and known as the City of A ventura, Florida;
(iii) Costs Incurred: any and all monetary costs directly incurred by the City in
relation to the investigation, enforcement or prosecution of suspected criminal activities or
transactions which has been complained of, witnessed or reported by a Responsible Person or
concerning which a Responsible Person is required to appear at Court Proceedings.
(iv) Court Proceedings: any law enforcement, prosecutorial or judicial
proceedings related to the reporting, filing, initiation or maintenance of a complaint or charge
concerning a criminal prosecution, including but not limited to State Attorney intake and pre- filing
proceedings, filing of criminal proceedings, depositions, or court appearances;
(v) Criminal Charge is Abandoned, Dismissed or Fails: when a criminal
."~
complaint or charge is abandoned, declined to be filed or further prosecuted by the State Attorney or
is dismissed by the State Attorney or by the court or a verdict of "not guilty" is made or directed by
the court, directly upon the basis of the Failure to Appear of a Responsible Person.
(vi) Failure to Appear: the failure of a Responsible Person to appear in Court
Proceedings or to comply with the requirements of this section, under circumstances in which the
Criminal Charge is Abandoned, Dismissed or Fails.
(vii) Person: any natural person, individual, firm, partnership, association, or
corporation;
(viii) Responsible Person: the person who, as a Business Owner or Operator, or
who, as an employee, officer or agent of a Business Owner or Operator, furnishes information to
police, initiates a report or files a complaint upon or concerning suspected criminal activities or
transactions upon behalf of any Business Owner or Operator or concerning an incident in which it is
3
Ordinance No. 2008-
Page 4
reported by such person that criminal activities or transactions within the police jurisdiction of the
City may have occurred at or concerning the place of business or in connection with the activities or
transactions of the business establishment. The term "Responsible Person" includes, but is not
limited to, victims and witnesses;
(ix) State Attorney: the regular or specially assigned prosecuting attorney for the
Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
b) Service Cbarge Imposed. Pursuant to the City's authority under its constitutional
home rule powers, as codified in Section 166.021, Florida Statutes, and as also authorized by
Section 166.201, Florida Statutes, a service charge in the full amount of the City" s Costs Incurred is
hereby imposed upon the Business Owner or Operator, in the event that a Criminal Charge is
Abandoned, Dismissed or Fails as a direct result of a Responsible Person's Failure to Appear in
Court Proceedings. The identity of each Responsible Person may be noted in the applicable offense
report or in a supplemental report. A written certification by the State Attorney, court administrator
or the City's Police Chief that a Criminal Charge is Abandoned, Dismissed or Fails as a direct
result of the Failure to Appear of a Responsible Person shall be prima facie evidence that the Costs
Incurred are the obligation of the Business Owner or Operator pursuant to this section.
c) Computation of Costs. The City's finance director shall calculate the Costs Incurred
by the City's police department, based upon pertinent information provided in writing by the Police
Chief or his designee.
d) Appeal of Finance Director's Determination. Any person aggrieved by a decision
of the finance director concerning the calculation of Costs Incurred as required by this section, may
appeal the matter to the City Manager. The aggrieved person shall have ten (10) days from
receiving the written decision of the City's finance director to file a written appeal to the City
4
Ordinance No. 2008-
Page 5
".~
Manager. The written appeal shall specify as to whether review is sought as to the liability of the
Business Owner or Operator and/or as to the calculation of the Costs Incurred. The City Manager
may accept, reject, or modify the decision of the City's finance director, based upon the scope of
review requested and upon a review of the information provided to the City Manager and his or her
findings as to whether or not the Business Owner or Operator is, pursuant to the intent, purposes
and requirements of this section, liable for the Costs Incurred and as to whether the amount of the
Costs Incurred has been correctly calculated. The City Manager shall find that the Business Owner
or Operator is not liable for the Costs Incurred in the event that the Business Owner or Operator
demonstrates that: (1) the Responsible Person no longer served as an employee, agent or servant of
the Business Owner or Operator at the time of the Failure to Appear; or (2) the Responsible
Person's Failure to Appear occurred solely because the Responsible Person did not receive a
notice or subpoena to appear at Court Proceedings, if such notice or subpoena was required by law;
or (3) the Responsible Person's Failure to Appear was not caused by the negligent, reckless or
intentionally wrongful conduct of the Responsible Person and was unavoidable . Any person
aggrieved by a decision of the City Manager may timely seek judicial review of the matter in a
court of competent jurisdiction to the extent and manner authorized by applicable law.
e) Liability; Collections. Each Business Owner and Operator on whose behalf a
Responsible Person has Failed to Appear as required by this section, shall be jointly and severally
liable to the City for the Costs Incurred as a result of such Failure to Appear. Costs Incurred
pursuant to this section may be collected by the City pursuant to the following procedure:
(i) The service charge imposed by the City for the Costs Incurred shall be due
and payable not later than thirty (30) days after the date of the mailing or hand delivery of the City's
<,-
5
Ordinance No. 2008-
Page 6
invoice to the Business Owner or Operator for cost recovery, and said due date shall be indicated
upon the invoice of the City.
(ii) If such service charges are not fully paid by the Business Owner or Operator
on or before the past due date, a late fee of five (5) percent shall be imposed by City and shall be
added to the outstanding invoice. Unpaid balances of Business Owners or Operators for such
service charges and late fees shall be subject to an interest charge at the rate of one (1 %) percent per
month in accordance with the provisions of paragraph (iii) below. Imposition of said interest charge
shall commence for any delinquency existing thirty (30) days after the past due date of the invoice
and shall continue to accrue until all service charges, late fees and interest charges are paid.
(iii) Service charges and late fees, together with any interest charges, shall be
debts due and owing to the City and such debts shall be recoverable by the City or its assignee, in
"'-,
any court of competent jurisdiction.
f) Implementation. The City Manager and Police Chief, with any necessary assistance from
the City Attorney, are authorized to develop and implement forms for the efficient administration
and implementation of this section.
Section 3.
Severability. That the proVIsIOns of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being
the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 4.
Inclusion in the Code. That 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
6
Ordinance No. 2008-
Page 7
-~
accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other
appropriate word.
Section 5.
Penalty. That any person who violates any provIsIOns of this 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 or as authorized by Section 162.22, F. S.
Section 6.
Effective Date. That this Ordinance shall be effective immediately upon
adoption on second reading.
, who moved its
, and
The foregoing Ordinance was offered by Commissioner
adoption on first reading. This motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
-~~
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
who moved
and
The foregoing Ordinance was offered by Commissioner
its adoption on second reading. This motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
,,^",,"~
Commissioner Bob Diamond
Commissioner Teri Holzberg
Commissioner Billy Joel
Commissioner Michael Stern
Commissioner Luz Urbaez Weinberg
Vice Mayor Zev Auerbach
Mayor Susan Gottlieb
7
Ordinance No. 2008-
Page 8
PASSED AND ADOPTED on first reading this 3rd day of June, 2008.
PASSED AND ADOPTED on second reading this ~day of July, 2008.
ATTEST:
Teresa M. Soroka, MMC
City Clerk
Susan Gottlieb, Mayor
Approved as to Form and Legal Sufficiency:
rv<~
,..-....,
City Attorney
"...........
8
/
MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
VICE PRESIDENT, Legal Notices of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
Countv, Florida: that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF A VENTURA - PUBLIC HEARING ' JULY 1, 2008
AMENDMENT OF COMPREHENSIVE PLAN
in the XXXX Court,
was published in said newspaper in the issues of
06/05/2008
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing th' adverti e for publication in the said
newspaper
Sworn to and subscribed before rne this
05 day of JUNE
, A.D. 2008
~ ~# 7>>~~-_
(SEAL)
O.V. FERBEYRE personally known to me
l"" it\. Cheryl H Marmer
. ~; My Commission D0336559
\. o,."d" Expires July 18, 2008
.,..,..,'~j
~q(~-',
CITY O' AYE......,...
NOTIC. O' ',,""""'" OF
....P..........."'PU"," ,
- -.'0 " _ .... .. -'-.~: ".' .... ...'.. '." ..: ;
Public Notice is henlbygiv8n tf1atNCitYOfA~'t\lY CQmm~
will meet in a public hearing on Tuesday, July1,~ at 6:00 p.m. to
consi(fer ,th8 fQllowlng, Ordinance for adoption on second and final
reading: ,. . , < . <
AN 'ORI)IH~' (if. THE
AIIBIDING.' .THE ,,'~ ~
MIilUSINESS AEQyLA1'I()NS,T;
ARTICI.Err~'cost
SECTION 18-10 "RECQYI;R)' ,
:= :e=*~slr=_,. ,;,qJ:. ..~~
INCURRED BY THE CITY POLICE DE ' ., , ' 'UNDER
CIRCU~ANCES IN WHICH A CRIMINALPROSECU11ON IS
ABANDONED, DISMISSED"PAILS AS A DIRECT RESULT OF
THE FAILURE OF A ' " N TO APPEAR IN LAW,
ENFORCEMENT OR , ON BEHALF OF THE 1
OWNER OR OPERA ESTABLISHMENT; ,
PROVIDING FOR SEVE , <FOR INCLUSION IN~
CODE; PROVIDING FOR D PROVIDING FOR AN!
EFFECTIVE DATE. '
The Public Hearing will be held in the City Commission Chamber at City,
of Aventunf~ CIlQIIjfilltelOQW$$t,,~ Club Drive"
Aventura, Florida, 33180. The proposed Ordinance may be inspected by'
the public atthe ~ of the CiJ:Y ~ atthe~ a~rees. lnterested
partlesmay~atthePl,lblib ~ng aI'Id be hell(d wi~ 'te8pe,ct to,
the ~ ~r'dinance. <,' ';;,'y., ',' , ,
In accordance ' with the Americao'$'~ DiSabUities Act of 1990, all
persons who are ~ aI'Id whO need ~f1CCOIMlOdation to
participate in tl:iis p~ipg~ ~ thar<ttfabIIitYshj)lI/d Contact
,the Office Of1hEi Ci!.y CI&rk;(3O$) 4$$-8801. not~r ~ two~ness
daYSpriQrfO;~~~:: ',," ,>"',;, , ., <
Ifa perSon ~dest6 appeaI'~rty~sibh rnade'PYtheC",f.i~
with respect to eny matter considered at a meetlrig or hearing, that
person Will n~arecordof thaproceec:lit'lgs and.Jor SUCh, eu.I'pOM, may
need to ~-tltat a veiblWm.record of the P~ngslS~.which
,record i~d8s tlta t8$1lrnOny and evider1ce upl)l1. which thea&:lP8a1 is to
be based. . .. ..
Teresa M. Soroka, MMe, City Clerk
oe-3-51 11 029854M
6/5