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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 I ) VILLAGE ATTORNEY 2 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. 1 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. 2 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 J 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 B 4 / 6 STATE OF FLORIDA COLINTY OF MIAMI-DADE 2019 AP I ) SS ) 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: SS ) ) ) 5 ;Hffi: MYRIAM RESTREPO MY COMMISSION # GGI3I789 EXPIRES: October 18, 2021