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
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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.