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HomeMy Public PortalAbout1997-29 Key Biscayne Elementary School, Instructional Technology Program Grant agreementRESOLUTION NO. 97-29 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING GRANT AGREEMENT BETWEEN THE VILLAGE, THE KEY BISCAYNE TECHNOLOGY TRUST FOUNDATION AND THE DADE COUNTY SCHOOL BOARD CONCERNING THE ENHANCED INSTRUCTIONAL TECHNOLOGY PROGRAM AT THE KEY BISCAYNE ELEMENTARY SCHOOL. WHEREAS, the Village Council finds that providing financial assistance towards the Dade County School Board's cost for enhanced the Biscayne Elementary School instructional technology at Key y serves a municipal public purpose in promoting and advancing education in the Village; and WHEREAS, the Village Council finds that the approval of the attached Village of Key Biscayne Grant Agreement between the Village, the Dade County School Board and the Key Biscayne Technology Trust Foundation, is in the best interest of the Village of Key Biscayne. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Village of Key Biscayne Grant Agreement, in substantially the form attached hereto, is hereby approved and the Mayor and Village Clerk are hereby authorized, in their respective capacities, to execute such Agreement on behalf of the Village of Key Biscayne. Section 2. The form of the Village of Key Biscayne Grant Agreement shall be revised by the Village Attorney to be solely between the Village and the Dade County School Board, in the event that the Key Biscayne Technology Trust Foundation does not execute and deliver to the Village Attorney the Grant Agreement and irrevocable instruction for wire transfer of Grant Funds, pursuant to the Agreement, within five (5) business days of delivery of the Grant Agreement to the Key Biscayne Technology Trust Foundation. Section 3. The Village Manager is authorized to take all action necessary to implement the provisions of this Resolution and the Agreement approved herein. Section 4. This Resolution shall be effective immediately from and after adoption hereof. PASSED AND ADOPTED this 29th day of April, 1997. 4,i,/ ,6/ Coffin Nita Alvarez, CMC Village Clerk APPROVED TO FORM AND LEGAL SUFFICIENCY: Village Attorney \103001\resoluti\grantagr.a23 L-- - ‘e, FESTA, MAYOR VILLAGE OF KEY BISCAYNE GRANT AGREEMENT This tripartite Agreement (the "Agreement") is made and entered into this 1 day of June, 1997, by and between the School Board of Dade County, Florida (the "Board"), the Key Biscayne Technology Trust. Foundation, a non-profit Florida corporation, (the "Foundation") and the Village of Key Biscayne, a Florida municipal corporation (the "Village"). In consideration of the mutual benefits derived herefrom, the parties covenant and agree as follows: I. BACKGROUND. A. The Board has agreed to accept financial assistance towards the Board's costs of providing enhanced instructional technology tit the Key Biscayne Elementary School (the "School") located in the Village. B. The Foundation desires to encourage and promote the enhancement of educational opportunities in the Village community by the utilization of computer technology at the School. C. The Village Council finds that providing financial assistance towards the Board's costs for enhanced instructional technology at the School serves a public purpose in promoting and advancing education in the Village. D. The Village desires to enter into an Agreement with the Board and the Foundation to provide funds to assist the Board in its instructional technology program. Page 1 of 10 Pages II. PURPOSE. The purpose of this Agreement is to establish a framework for the Village to provide a grant of Seventy -Five Thousand ($75,000.00) Dollars to the Foundation to be transferred to and utilized by the Board for the implementation of the Board's enhanced instructional technology program (the "Program") at the School, as described in the Technology Plan attached hereto as Exhibit "A"; and in Section V(C) below, pursuant to the conditions of this Agreement. A detailed description of the Program shall be provided by Board to Foundation and Village by June 30, 1997. III. OBLIGATIONS OF THE VILLAGE A. Village shall provide to Board, through the Foundation, acting as benefactor and lawful conduit, within five (5) days after the date of the full execution of this Agreement, Village funds of Seventy -Five Thousand ($75,000.00) Dollars (the "Grant Funds") , for use by the Board for the purposes set forth in Section II of this Agreement. B. The Grant Funds provided by the Village pursuant to this Agreement shall be derived solely from funds available to the Village for such purpose. IV. OBLIGATIONS OF THE FOUNDATION A. The Foundation, by instrument executed simultaneously with Foundation's execution of this Agreement, shall provide irrevocable instructions to Northern Trust Bank the financial institution at which Foundation maintains its account, number 1610003758, that upon receipt of the Grant Funds from Village pursuant to this Page 2 of 10 Pages Agreement, such Grant Funds shall be immediately wire transferred to the Board's account, number 0360-00-002-1113 as maintained in SunTrust Bank Miami, (ABA #066000604), the financial institution utilized by the Board. B. Foundation shall maintain accurate and complete books, records and documents, sufficient to reflect properly all receipt of Grant Funds and the transfer of such Grant Funds from the Foundation to Board hereunder, for a period of 3 years following payment under this Agreement. Each of the records shall be retained by the Foundation at the office of the Foundation in Key Biscayne, Florida in a secure place and in an orderly fashion. Foundation shall provide to Village a copy of such records upon request. 1 C. Foundation shall permit authorized representatives of the Village to inspect and audit all books, records, documents, and other supporting data and documentation relating to the Foundation's performance hereunder. These rights of audit shall extend for a period of 3 years following payment under this Agreement. V. OBLIGATIONS OF THE BOARD A. Board shall utilize the Grant Funds provided hereunder, and any interest accrued thereon, solely for the purpose of paying a portion of the cost incurred by the Board in implementing the Program at the School. B. Board shall use its best efforts to implement the Program at the School on or before November 30, 1997, and to expend the Page 3 of 10 Pages Grant Funds by such date. This shall not authorize any expenditure which is contrary to the condition imposed by subsection (E) below. C. Grant Funds provided to Board pursuant to this Agreement shall be used solely for the cost of the purchase of instructional technology, consisting of computerized hardware and software, including computers, peripherals (CD-ROM, laser disc players, modems, printers, speakers and like equipment) to be used by students at the School. Instructional technology items purchased for use by the School with Grant Funds shall be dedicated by Board to use for students of the School for the life of such items unless replaced by equal or better technological items. Grant Funds shall not be used for the cost of retrofitting the School to accommodate the Program. D. The Board shall obtain and expend all other funds necessary, estimated to be approximately $27,475.00, from sources of the Board exclusive of those provided by this Agreement, for the purpose of retrofitting the School to accommodate the Program. E. Board shall utilize its best efforts to obtain additional matching funds from the State of Florida for the 1996-1997 Board fiscal year, at a rate of $0.57 for each $1.00 provided by this Agreement, as matching funds to apply towards the Program. If such matching funds are not received, the Grant Funds shall not be spent. F. Board shall utilize its Educational Excellence Council of the School to assist in further developing the Program and to regularly evaluate the performance of the Program at the School and Page 4 of 10 Pages to monitor the implementation and functioning of the Program at the School. Board shall assure that the Village and Foundation are provided notice of all meetings of such Educational Excellence Council and are invited to participate at any such meetings concerning the Program at the School. G. Board shall provide a quarterly expenditure report to Village and to the Foundation reporting progress in implementing the Program, including receipts for expenditures of Grant Funds. H. Board shall maintain accurate and complete books, records and documents, such as vouchers, bills, invoices, receipts and canceled checks, sufficient to reflect properly all receipts and expenditures of Grant Funds for a period of 3 year following receipt and' expenditure of Grant Funds under this Agreement. Each of the records shall be retained by the Board at the office of the School, in a secure place and in an orderly fashion. Board shall provide to Village a copy of such records upon request. The system of accounting utilized by Board shall be in accordance with generally accepted accounting principles and practices, consistently applied. I. Board shall permit authorized representatives of the Village to inspect, at the School, and audit all books, records, documents and other supporting data and documentation relating to the Board's expenditure of Grant Funds. These rights of audit shall extend for a period of 3 years following receipt and expenditure of Grant Funds under this Agreement. Page 5 of 10 Pages J. Board shall reimburse the Village for any unauthorized expenditure of Grant Funds not expressly defined in this contract, upon demand, after Village's presentation to and discussion of such matter with the Region IV Office, accompanied by proper documentation. K. Board shall return any unexpended portion of the Grant Funds to Village, if not expended by November 30, 1997. The Grant Funds shall be promptly returned to Village, if matching funds are not received pursuant to subsection (E) above. VI. TERM OF AGREEMENT This Agreement shall be in full force and effect for a period commencing on the date of execution hereof and expiring one (1) year thereafter, and shall be subject to renewal upon agreement of the parties. The provisions of Section IV(B)(C), V, VII, VIII, XV of this Agreement shall survive such expiration. VII. INDEPENDENT CONTRACTING PARTIES It is expressly understood and intended that Foundation' is a recipient of Grant Funds for the limited purpose of transfer to Board and that Board is an indirect recipient of such Grant Funds and that both Board and Foundation are independent contracting parties hereunder, and are not agents, servants, employees or joint venturers of the Village. It is further understood that the Village shall not be liable for any of the conduct or activities of either the Board or Foundation or the agents, servants, contractors, employees or Program participants of Board or the Foundation. Page 6 of 10 Pages VIII. GOVERNING 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. IX. ENTIRETY OF AGREEMENT This Agreement incorporates and includes all prior negotiations, correspondence, conversations, agreements and understandings applicable to the matters contained herein and contains the entire agreement between the parties. Accordingly, it is agreed that no deviation from the terms hereof shall be predicated 'upon any prior representations or agreements, whether oral or written, and that this Agreement may be modified, altered or amended only by written agreement duly executed by all parties hereto or their authorized representatives. This Agreement supersedes, replaces and cancels that certain previous 'Grant Agreement of December 23, 1996 between Village and Foundation. X. HEADINGS Captions and headings in this Agreement are for ease of reference only and do not constitute a part of this Agreement and shall not affect the meaning or interpretation of any provisions herein. Page 7 of 10 Pages XI. RIGHTS OF OTHERS Nothing in this Agreement, expressed or implied, is intended to confer upon any person, other than the parties hereto, any rights or remedies under or by reason of this Agreement. XII. REPRESENTATION BY FOUNDATION AND BOARD The Foundation and Board each respectively represent that 1) this Agreement has been duly authorized, executed and delivered by it; and 2) it has the required capacity and authority to perform this Agreement. XIII. REPRESENTATION BY VILLAGE The Village represents that 1) this Agreement has been duly authorized, executed and delivered by the Village Council of the Village, as' the governing body of the Village; and 2) it has the required power and authority to perform this Agreement. XIV. INVALIDATION OF PROVISIONS, SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement shall be prohibited or invalid under applicable law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement, provided that the material purposes of this Agreement can be determined and effectuated. Page 8 of 10 Pages XV. NOTICE Notices to the parties as provided for herein shall be sufficient if sent by federal express or certified mail, return receipt requested, postage prepaid, addressed as follows: To the Village: Village Manager, 85 West McIntyre Street, Key Biscayne, Florida 33149; To the Foundation: Key Biscayne Technology Trust Foundation, Inc., Attention Cynthia Cutler, President, 251 Crandon Boulevard, Suite 437, Key Biscayne, Florida 33149; To the School Board of Dade County, Florida: 1401 N.E. 2nd Avenue, Miami, Florida 33135; or such other respective address as the parties may designate to each otherlin writing, from time to time. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. VILLAGE: AT C•"CHITA ALVAREZ, Village Clerk ATTEST: Tr-ec j Izeit Village of Key Biscayne, Florida Pursuant to Village Council authorization of April 29, 1997. By: C. SAMUEL KISS GER, Village Manag FOUNDATION: Key Biscayne Technology Trust Foundation, Inc. By: Page 9 of 10 Pages BOARD: The School Board of Dade County, Florida il ,,, z"-----0 or Sup r;intendent 6f Schools % APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Foundation £ttorney 03001\techagmt.alS Page 10 of 10 Pages Key Biscayne Elementary School Technology Plan L4. 5th Grade 3rd Grade 2nd Grade 5th Grade 3rd Grade 2nd Grade 2 3 2 3 3 10 Computers 15 Computers 9 Computers 2 Printers 3 Printers 3 Printers Software $2,000 $2,000_ $2,000 $200 $20,000 $30,000 $181000 $400 $600 $600 $5,400 $75,000 *Note: Ratio of students to computers at present is 12 to 1. Ratio of students to computers with $75,000 purchase w :Ibe7to 1.