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Home My Public Portal About2021-31 Approving a second amendment to the agreement for address verification services between the VKB and the School Board of MDC, FloridaRESOLUTION NO. 2021- 31 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT FOR ADDRESS VERIFICATION SERVICES BETWEEN THE VILLAGE OF KEY BISCAYNE AND THE SCHOOL BOARD OF NIIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR AUTHORIZATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 24, 2018, the Village Council of the Village of Key Biscayne (the "Village") adopted Resolution 2018-20, approving an Agreement for Address Verification Services (the "Agreement") between the Village and the School Board of Miami -Dade County, Florida (the "School Board"); and WHEREAS, on May 21, 2019, the Village Council adopted Resolution No. 2019-33, approving the First Amendment to the Agreement, which extended the term of the Agreement for a one-year period effective through June 30, 2020, with an additional one-year option to renew; and WHEREAS, as evidenced by the payments to the School Board and the conduct of the respective parties, the Village and the School Board agreed to exercise the option year of the First Amendment, extending the term of the Agreement through June 30, 2021; and WHEREAS, the Village Council and the School Board desire to further extend the term of the Agreement through June 30, 2022, with an additional one-year option to renew, as set forth in the Second Amendment to the Agreement attached hereto as Exhibit "A" (the "Second Amendment"); and WHEREAS, the Village Council finds that this Resolution is in the best interest and welfare of the citizens of the Village. NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AS FOLLOWS: Section 1. Recitals. That each of the above -stated recitals are hereby adopted, confirmed, and incorporated herein. Section 2. Amendment Approved. That the Second Amendment between the Village and the School Board, in substantially the form attached hereto as Exhibit "A," is hereby approved. Section 3. Authorization. That the Village Manager is authorized to execute the Second Amendment in substantially the form attached hereto as Exhibit "A" on behalf of the Village, subject to approval by the Village Attorney as to form, content, and legal sufficiency. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption. PASSED and ADOPTED this 15th day of June , 2021. W. DAVEY, MAYOR ATTEST: JOCELYN BJKOCH VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY EXHIBIT "A" SECOND AMENDMENT TO AGREEMENT FOR ADDRESS VERIFICATION SERVICES THIS SECOND AMENDMENT TO AGREEMENT FOR ADDRESS VERIFICATION SERVICES (this "Second Amendment") is entered into as of this day of , 2021 by and between the VILLAGE OF KEY BISCAYNE, a Florida municipal corporation (hereinafter the "Village") and THE SCHOOL BOARD OF MIAMI- DADE COUNTY, FLORIDA, a political subdivision of the State of Florida, whose address is 1450 N.E. 2nd Avenue, Miami, Florida 33132 (hereinafter the "School Board"), collectively referred to as the "Parties." WITNESSETH: WHEREAS, the Village and School Board entered into an Agreement dated June 6, 2018 (the "Agreement") regarding the Village's provision of funding in exchange for the School Board to verify the residency of all current and applicable Cambridge Program Students at Maritime and Science Technology (MAST) Academy attending as Key Biscayne Residents in accordance with Section 1002.31, Florida Statutes, and School Board Policy 5120; and WHEREAS, on June 28, 2020, the Village and School Board entered into a First Amendment to Agreement for Address Verification Services extending the Agreement for one additional year, with a one-year option to renew; and WHEREAS, the Village and School Board confirm that the Agreement has been extended retroactive to July 1, 2020, through June 30, 2021, on the same terms and conditions provided in the Agreement, as evidenced by the payments made to the School Board and the conduct of the respective parties; and WHEREAS, the Village and School Board wish to modify the Agreement in accordance with the terms and conditions set forth herein in this Second Amendment; and NOW, THEREFORE, for and in consideration of the mutual promises set forth herein, the Parties do hereby agree as follows: 1. The above recitals are true and correct and are incorporated herein by this reference. All initially capitalized terms used but not otherwise defined herein shall have the meaning ascribed thereto in the Agreement. 2. Section 2 of the Agreement is hereby deleted and replaced as follows: 2. Term/ Commencement Date. 2.1 This Agreement shall be extended from the July 1, 2021, through June 30, 2022, unless earlier terminated in accordance with Paragraph 5. 2.2 This Agreement may be extended upon the mutual consent of the Parties for one additional year, commencing July 1, 2022, through June 30, 2023, on the same terms and conditions as provided herein, provided that the party seeking an extension gives written notice to the other party of such intent to extend no later than ninety (90) days prior to the expiration of the term expiring June 30, 2022, and the other party agrees in writing to such extension. 2.3 The School Board agrees that time is of the essence and School Board shall complete the Services within the term of this Agreement, unless extended by the Village Manager. 3. In the event of any conflict or ambiguity between the terms and provisions of this Second Amendment and the terms and provisions of the Agreement, the terms and provisions of this Second Amendment shall control. 4. Except as otherwise specifically set forth herein, the Agreement is hereby ratified and affirmed and shall remain unmodified and in full force and effect in accordance with its terms. 5. This Second Amendment may be executed in several counterparts, each of which shall be deemed an original, but all of which, when taken together, shall constitute one and the same instrument. An executed facsimile or electronic copy of this Second Amendment shall have the same force and effect as an original hereof. [Remainder of Page Left Intentionally Blank. Signature Page Follows.] IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to be executed the day and year as first stated above. VILLAGE OF KEY BISCAYNE SCHOOL BOARD OF \I I,1MI-DADE COUNTY, FLORIDA By: Steven C. Williamson By: Village Manager Name: Attest: Title: By: Entity: Jocelyn B. Koch Village Clerk Approved as to form and legal sufficiency: By: Weiss Serota Helfman Cole & Bierman, P.L. Village Attorney SUBMITTED BY: Charge Location Administrator Signature Date Regional Superintendent/Division Head Signature Date Office of Grants Administration Signature Date NOTE: Signature of Assistant Superintendent for the Office of Intergovernmental Affairs and Grants Administration required ONLY for contracts financed from Contracted Programs Funds (Part IV). APPROVED AS TO RISK AND BENEFITS (as to the School Board): Risk Management Signature Date APPROVED AS TO PROCUREMENT AUTHORITY (as to the School Board): Procurement Management Signature Date APPROVED AS TO FORM AND LEGAL SUFFICIENCY (as to the School Board): School Board Attorney - Signature Date Addresses for Notice: Village of Key Biscayne Attn: Village Manager 88 West McIntyre Street Key Biscayne, FL 33149 305-365-5514 (telephone) 305-365-8936 (facsimile) swilliamson@keybiscayne.fl.gov (email) With a copy to: Weiss Serota Helfman Cole & Bierman, P.L. Attn: Chad Friedman, Esq. Village of Key Biscayne Attorney 2525 Ponce de Leon Boulevard, Suite 700 Coral Gables, FL 33134 cfriedman@wsh-law.com (email) Addresses for Notice: The School Board of Miami -Dade County, Florida 1450 N.E. Second Avenue, Suite 430 Miami. Florida 33132 (telephone) (facsimile) (email) With a copy to: The School Board of Miami -Dade County, Florida Attn: Alberto M. Carvalho, Superintendent1450 N.E. Second Avenue, Suite 912Miami, Florida 33132 (telephone) (facsimile) (email)