HomeMy Public PortalAbout2019-33 Approving a first amendment to the agreement for address verification services with the school boardRESOLUTION NO. 2OI9-33
A RESOLUTION OF THE VILLAGE COLINCIL OF THB
VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A
FIRST AMENDMENT TO THE AGREEMENT FOR
ADDRESS VERIFICATION SERVICES BETWEEN THE
VILLAGE OF KEY BISCAYNE AND THE SCHOOL BOARI)
OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR
IMPLEMENTATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Resolution No. 2018-20, the Village Council of the Village of
Key Biscayne (the "Village") approved and authorized 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, the Village Council and the School Board desire to, among other things,
extend the term of the Agreement and provide for an option to renew the Agreement as set forth in
the First Amendment to Agreement for Address Verification Services attached hereto as Exhibit
"4" (the "First Amendment"); and
\ryHEREAS, the Village Council finds that this Resolution is in the best interest and
welfare of the citizens of the Village.
NOW, THEREFORB, 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 First Amendment between the Village
and the School Board, in substantially the form attached hereto, is hereby approved, and the Village
Manager is authorized to execute the First Amendment on behalf of the Village, once approved by
the Village Attorney as to form, content, and legal sufftciency.
Section 3. Implementation. That the Vill age Manager is authorized to take any and
all action necessary to implement the intent and purpose of this Resolution.
Section 4. Effective Date. That this Resolution shall be effective immediately upon
adoption.
PASSED and ADOPTED this 2l'r day of May, 2019.
W. DAVEY, MAYOR
ATTEST
INA,
CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
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VILLAGE ATTORNEY
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FIRST AMENDMENT TO
AGRF],EMENT FOR ADDRES VERIF'IC,ATION SERVICES
THIS FIRST AMENDMENT TO AGRE,EMENT FOR ADDRESS
VERIFICATION SERVICES (this "First Amendment") is entered into as of this -?C day of
fr)ng- ,2019 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 cunent 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, the Village and School Board wish to modify the Agreement in accordance
with the terms and conditions set forth herein in this First Amendment.
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 become effective upon the Effective Date and shall
remain in effect until June 30,2020 through the 2019-2020 school year,
unless earlier terminated in accordance with Paragraph 5.
This Agreement may be extended upon the mutual consent of the Parties
for an additional school year (July 1,2020 - June 30,2021), 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 then current
term, and the other party agrees in writing to such extension.
2.2
The School Board agfees 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.
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2.3
5. Section 7.1 is hereby deleted and replaced as follows
7.1 Any notices required by this Agreement shall be in writing and shall be
deemed to have been properly given if transmitted by hand-delivery, by
registered or certified mail with postage prepaid return receipt requested,
or by a private postal service, addressed to the Parties (or their successors)
at the following addresses:
For the Village Andrea Agha
Village Manager
Village of Key Biscayne
88 West Mclntyre Street
Key Biscayne, FL 33149
With a copy to:Chad Friedman, Esq.
Village Attorney
W'eiss Serota Helfman Cole & Bierman, P.L.
2525Ponce de Leon Blvd., Suite 700
Coral Gables, FL 33134
For the School Board:Alberto M. Carvalho
Superintendent
The School Board of Miami-Dade County, Florida
1450 N.E. 2nd Avenue, Room 912
Miami, FL33126
With copies to:Walter J. Harvey, Esq.
School Board Attomey
The School Board of Miami-Dade County, Florida
1450 N.E. 2nd Avenue, Room 430
Miami, FL 33126
Meyme Falcone
Administrative Director
Offrce of Intergovemmental Affairs and Grants
Administration
The School Board of Miami-Dade County, Florida
1450 N.E. 2nd Avenue, Room 931
Miami, FL33126
6. In the event of any conflict or ambiguity between the terms and provisions of this
First Amendment and the terms and provisions of the Agreement, the terms and provisions of
this First Amendment shall control.
7. Except as otherwise specifically set forth herein, the Agreement is hereby ratified
and affirmed and shall remain unmodif,red and in full force and effect in accordance with its
terms.
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8. This First 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 First Amendment shall have
the same force and effect as an original hereof.
[Signatures of parties follow on next pageì
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IN V/ITNESS WHEREOF the parties have executed this First Amendment as of the date
first set forth above.
WITNESSES THE SCHOOL BOARD OF MIAMI-DADE
COUNTY, FLORIDA\,# ruc
Charse Location Administrator Date
%ø u\rrls.
Print Name; Dr. Derick
Print N Johu D. Pace
RegionalSuperintendenVDivisionHead Date
Name: Ms.
¡tr
l.fr. l{íchael Fox
Management Date
Attest:
V Clerk
Approved as to legal form and
sufficiency:
By:
Village Attorney
I SenvtcÆ
of Schools or.Pesig*ce
VILLAGE:
VILLAGE OF KEY BISCA\î{E,
a Florida municipal corporation
F
By ,A
Andrea Village Manager
APPROVED AS TO FORM AND LEGAL
SUFFICIENCY
(as to the school board):
Date
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STATE OF FLORIDA
COLINTY OF MIAMI-DADE
2019 AP I
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The foregoing Agreement was before me this É day of AuEl ,
who (check onÓ t&,]-AC {
is personally known to me or [ ] has produced a Florida driver's license as identification.
of person taking
M.ap"rr, ?*to"ço
¡Nutn.ã-f u"mowledger typed, printed or stamped)
?., b(i-
(Title or rank)
<GtrnØq
(Serial number, if any)
STATE OF FLOzuDA
COUNTY OF MIAMI-DADE
The foregoing Agreement was acknowledged before me this UJ O*of f.J h ,
2019 by eNOnBA nCH¿., as Village Manager of the Village of f.y dircuyrl",-;T-totidu
municipal corporation, who (check one) [72] is personally known to me or [ ] has produced a
Florida driver's license as identification.
State
My Commission Expires:
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MYRIAM RESTREPO
MY COMMISSION # GGI3I789
EXPIRES: October 18, 2021