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HomeMy Public PortalAbout1996-42 Authorizing an agreement with Key Biscayne Technology Trust FoundationRESOLUTION NO. 96-42 A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED GRANT AGREEMENT ON BEHALF OF THE VILLAGE, WITH KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION, A NON-PROFIT FLORIDA CORPORATION, PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY BISCAYNE AS FOLLOWS: Section J . That the Village Manager is hereby authorized to execute the attached Grant Agreement, on behalf of the Village, with Key Biscayne Technology Trust, a non-profit Florida Corporation. Section 2. This resolution shall take effect immediately upon adoption. 1 PASSED AND ADOPTED this •1-1h day of December , 1996. ATTEST: CONCHIT ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARDDJ. WEIS ILLAE ATTORNEY VILLAGE OF KEY BISCAYNE Village Council John F. Festa, Mayor Michele Padovan, Vice Mayor Mortimer Fried Gregory C. Han Hugh T. O'Reilly Christina Dearing Reed Betty Sime Village Manager C. Samuel Kissinger Ms. Cynthia Cutler 251 Crandon Blvd. #437 Key Biscayne, FL 33149 Dear Ms. Cutler: Office of the Village Manager March 26, 1997 Enclosed pleased find executed Grant Agreement between the Village of Key Biscayne and the Key Biscayne Technology Trust Foundation. Please replace the first page of the agreement. Thank you. Very truly yours, Ana de Varona Administrative Assistant Enclosure 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 MISSION STATEMENT "TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." VILLAGE OF KEY BISCAYNE Village Council John F. Festa. Mayor Michele Padovan, Vice Mayor Mortimer Fried Gregory C. Han Hugh T. O'Reilly Christina Dearing Reed Betty Sime Village Manager C. Samuel Kissinger Ms. Cynthia Cutler 251 Crandon Blvd. #437 Key Biscayne, FL 33149 Dear Ms. Cutler: Office of the Village Manager January 22, 1997 Enclosed pleased find executed Grant Agreement between the Village of Key Biscayne and the Key Biscayne Technology Trust Foundation. Thank you. Very truly yours, C. Samuel Kissinger Village Manager CSK/adv Enclosure 85 West McIntyre Street • Key Biscayne, Florida 33149 • (305) 365-5514 • Fax: (305) 365-8936 VILLAGE OF KEY BISCAYNE GRANT AGREEMENT THIS AGREEMENT, made and entered into this 23 day of December, 1996 by and between the VILLAGE OF KEY BISCAYNE, FLORIDA (the "VILLAGE") and KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION, a non-profit Florida Corporation, hereinafter called the "Grantee", for a period beginning December 1, 1996 and terminating September 30, 1998. RECITALS Whereas, the Council of the Village of Key Biscayne wants to assist the Grantee to enhance the technology and the level of education at the Village of Key Biscayne Elementary School(the "School") for the benefit of the members of the community of the Village of Key Biscayne, and Whereas, the Village Council finds that the expenditures hereunder constitute a valid public purpose. In consideration of the mutual consent set forth in this agreement, the parties agree as follows: 1. It is the intent of the Village Council to award the Grantee up to $25,000 per year for the Village's fiscal years 1996, 1997 and 1998. 2. Each $25,000 grant is subject to the approval of the Village Council, at its sole discretion, for each fiscal year and in accordance with the budget procedures of the Village. 3. The Grantee must provide a quarterly report to the Village Manager on the status of the work of the Foundation and of the $25,000 annual grant, for the duration of this agreement. 4. The grant is for the specific purpose of the purchase of computers, printers, cables and related accessories for the school. This is not to include retrofitting of existing building. No salary and wage cost are eligible grant expenditures. 5. The Grantee has estimated the project cost to be $375,000 as shown on the attached budget sheet, Exhibit one. The Village agrees to reimburse to the Grantee the total sum of $75,000 of the project costs over a three (3) year period based on performance of the project and subject to the conditions of this agreement. The grant amount is limited to the purchase of computers and equipment as described in the grantees application and as approved by the Village Council on October 15. 1996. A copy is attached marked as Exhibit two. Project costs incurred prior to the effective date of this agreement are ineligible for reimbursement. Payment shall be made following submittal of invoices for purchase of the computers and equipment. The payment shall not be made until a report is received from the Grantee. Upon submittal of the report, the Grantee may submit to the Village an invoice for payment. All invoices must be submitted to the Village within the term of this agreement which is until September 30, 1999. Page 1 of 3 6. Records of costs incurred under the terms of this Agreement shall be maintained and made available upon request to the Village at all times during the period of this Agreement and for three years after final payment is made. Copies of theses documents and records shall be furnished to the Village upon request. Records of costs incurred include all records of costs of the Grantee considered necessary by the Village for a proper audit of the project. 7 The Grantee agrees to submit to the Village an annual report summarizing project accomplishments as a prerequisite to final acceptance by the Village. Failure to submit a report or submittal of an unsatisfactory report may constitute grounds to terminate this agreement under the provisions of Section 8(b). 8. This agreement may be terminated under any one of the following conditions: (a) By the Village, unilaterally, for refusal by the Grantee to allow public access to all financial records made or received in conjunction with this agreement. (b) By the Village, if the Grantee fails to perform its duties under this Agreement. (c) By either party following sixty (60) days written notice to the other party. (d) By both parties following the complete execution by both parties of an agreement to terminate this Agreement. (e) Failure by Village Council to appropriate funds. 9. The Grantee covenants and agrees that it will defend, indemnify and hold harmless the Village and all of the Village's officers, agents and employees from any damage, injury or claim arising out of any claim, action, neglect or omission by the Grantee or Grantee's project participants in the performance of the Agreement, except that neither the Grantee nor any of its sub -contractors will be liable under this paragraph for damages arising out of injury or damage to persons or property directly resulting from the sole negligence of the Village or any of its officers, agents or employees. 10. This Agreement, if executed, embodies the entire agreement and understanding between the parties hereto and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not superseded hereby. 11. This Agreement may not be assigned or transferred by the Grantee, in whole or in part without the expressed written consent of the Village Council. 12. This Agreement, regardless of where executed, shall be governed by and construed in accordance with the laws of the State of Florida. 13. This agreement will be executed within 60 days of the Village Council's approval. In the event that this agreement is not executed within such time period, the award shall be null and void. 14. All notices, demands, requests or other instruments shall be directed to: a) If to the Village addressed to: Village of Key Biscayne Office of the Village Manager 85 West McIntyre Street Key Biscayne, Florida 33149 Tel: (305) 365-5514 Fax: (305) 365-8936 b) If to the Grantee addressed to: Key Biscayne Technology Trust Foundation 251 Crandon Boulevard, # 437 Key Biscayne, FL 33149 Tel: (305) 361-8906 E -Mail: kbttf@hotmail.com IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day and year first above written. Key Biscayne Technology Trust Foundation a ca,._ (:,6,zz_.,_ Re resentative 7 C. Samue 'ssinger Title:; %----(Au:.e-Zc-Z age ATTES g a r iajew BY: Village of Key Biscayne Attest. nchita H. Alvarez Village Clerk Resolution 96- 42 , neeemher 1 1 1996 Authorized Agreement Execution Page 3 of 3 EXHIBIT 1 VILLAGE OF KEY BISCAYNE MULTI -YEAR SPECIAL GRANT APPLICATION October 15, 1996 APPLICANT INFORMATION Name of Organization: Key Biscayne Elementary School Parent Teacher Association (PTA) presenting the: KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION - A Florida Not -For -Profit Corporation 1. FEI Number: applied for (by Allen & Gallego law firm) 2. Tax Exempt Number. applied for (by Allen & Gallego law firm) 3. Current Operating Budget: $500.00 (undeposited funds donation) 4. Contact Person: Cynthia Cutler, 251 Crandon Blvd. #437, Key Biscayne, FL Phone: 305-3614906 Fax: 305-5764300 6. Organization History: (please see attached history of PTA) The PTA is the catalyst for the creation of the Key Biscayne Technology Trust Foundation (KBTTF). The KBTTF is being founded to support the installation of new technology at Key Biscayne Elementary SchooL The KBTTF has been created by Key Biscayne citizens who seek to improve the quality of education in the schools of Key Biscayne. The KBTTF will be a vehicle for Key Biscayne residents and businesses to make donations to support the education of the children of Key Biscayne. The KBTTF is a totally volunteer run organization, all accounting and legal work is being done Pro Bono. The Foundation's sole purpose is for the benefit of the Key Biscayne Community and its children. 7. Intent of Applicant: We are asking the Village Council to endorse the establishment of the KBTTF and to assist in its goals for its first three years of operation with a Multi -Year Special Grant amounting to $25,000 per year, for the next three years. With the Council's support the KBTTF will be able to apply for matching state grants as well as grants available through the public & private sectors. This will also enable the KBTTF to apply technological upgrades to the school in conjunction with the construction project at Key Biscayne Elementary School for the next three years. Page 4 KBTTF 8. Attached hereto & incorporated by reference herein are the following Exhibits: L Exhibit One: History of the PTA IL Exhibit Two: Minutes from PTA Board Meeting of September 10,1996 III. Exhibit Three: Project Information IV. Exhibit Four: Budget for Purchase of Ten Computers V. Exhibit Five: Presentation at PTA General Meeting by Cindy Cutler (photo) VL Exhibit Six: Notice of Presentation by PTA to Village Council posted in Community VILEYhibit Seven: Letter to KBES Parents and attached flyer VHLExhibit Eight: Financial Information • prepared by Coopers & Lybrand Accountants, Gerry Broucek, retired partner (Pro Bono) I hereby certify that the information provided in this grant is true and accurate. I further certify that I possess the authority to apply for this grant on behalf of the applicant. - de -t -el,, ) o- /d -9G Signature of Authorized Representative Date 2 Page 5 EXHIBIT 2 KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION PRESENTATION TO THE KEY BISCAYNE VILLAGE COUNCIL PROJECT GOAL - PROVIDE I COMPUTER PER EACH 4 STUDENTS AT THE KEY BISCAYNE ELEMENTARY SCHOOL OVER THE NEXT 3 YEARS. REQUIREMENT TO REACH GOAL - 150 COMPUTERS ESTIMATED COST OF PROJECT; 150 SYSTEMS @ $ 2,500 ca. $ 375,000 NOTE: THIS INCLUDES WIRING, INSTALLATION, SOFTWARE, MAINTENANCE AND TRAINING COSTS. °E)URCES OF FINDS: DADE CO SCHOOL BOARD - ALREADY ALLOCATED $ 50,000 VILLAGE OF K.B. - 3YRS @ $ 25,000 PER YR $ 75,000 ANY MONIES RECEIVED FROM THE VILLAGE WILL GO DIRECTLY INTO A FUND EARMARKED SOLELY FOR THE PURCHASE OF COMPUTER EQUIPMENT AND SOFTWARE. THE REMAINDER OF THE FUNDS REQUIRED WILL BE RAISED BY THE KBTTF AS FOLLOWS: MATCHING GRANTS • LOCAL AND STATE PROGRAMS DADE COUNTY SCHOOL BOARD DADE PARTNERS NATIONAL FOUNDATIONS CORPORATIONS AND LOCAL BUSINESSES PRIVATE INDIVIDUALS THE KBTTF WILL HOLD FUNDRAISING EVENTS THROUGHOUT THE YEAR. ONE EVENT PLANNED AT THIS TIME IS A VALENTINE'S CONCERT AND DINNER 'VENING ON THE VILLAGE GREEN. Page 6 Power Macintosh 5260/100 w/PowerPC 16 MB RAM soa Hard Disk CD-ROM 146 Monitor Internet Connection Software (Apple) 10 $1, 775.00I $17, 750.00 HP DeskWriter Color Printers (MacWarehouse) 10 $300.00 $3,000.00 OneWorld Combo Communications Server (if we have network access or 10 modems) (MacWarehouse) 1 $2, 000.00 Cables and accessories/ 4(3ss)biy -fratir,,'.-)Jc So f-Furt..rc. $2,250.00 TOTAL i $25,000.00 t I i_ .,-,6- 71. jai--z-i-k-L41-0 r:e.si C p7 K46-1. . r4z4.4 Page 7