C-FB 2009-T03 2009-03-09 Grants Require AttestMarch 9, 2009
Dr. Bobby Burns
Acting Superintendent of Schools
Carrollton- Farmers Branch ISD
1445 North Perry Road
Carrollton, Texas 75006
Dear Dr. Burns:
T H E • C 1 T Y •O F
COPPELL
A S
RE: Coppell Education Development Corporation
Enclosed are two original grant agreements between the Coppell Education Development
Corporation (CEDC), the city of Coppell, and the Carrollton - Farmers Independent School
District. Please have the person who notarized them ATTEST both originals and return one
fully executed original to me for my files.
Thank you for your assistance. Please feel free to give me a call if you have any questions.
Respectfully,
Clay Phillips
City Manager
CP:kb
Enclosure
255 PARKWAY * P.O.BOX 9478 * COPPELL TX 75019 * TEL 972/462 0022 * FAX 972/304 3673
STATE OF TEXAS § COPPELL EDUCATION DEVELOPMENT CORPORATION
COUNTY OF DALLAS § GRANT AGREEMENT
This Educational Development Grant Agreement ( "AGREEMENT ") is made by and
between the city of Coppell, Texas ( "CITY "), the Coppell Education Development Corporation
( "CEDC ") and the Carrollton/Farmers Branch Independent School District (the "CFBISD "),
acting by and through their respective authorized officers.
WITNESSETH:
WHEREAS, the CITY is authorized by TEX. Loc. Gov'T CODE § 379A to provide
educational development grants to publicly funded institutions through the CEDC for the
promotion of literacy, foreign language and career technology for a skilled workforce; and
WHEREAS, the CITY seeks to support programs for promoting literacy, foreign
language and career technology for a skilled workforce; and
WHEREAS, the CFBISD has submitted a grant application No. 2009 -T03 to provide
funding for network and electrical installation, server upgrades /additions, computer hardware
and telecommunications devices, software components, student and teacher workstation
furniture, and a part-time technology specialist position at Ranchview High School and Barbara
Bush Middle School (the PROJECT); and
WHEREAS, the CFBISD serves 515 students from the CITY, and has developed the
PROJEC'f in order to refine the commuDicatio skills of all the students, as well as teach them a
second language; and
WHEREAS, CFBISD is in need of funding this technology for the language labs at both
campuses and seeks the assistance of the CEDC; and
WHEREAS, the CITY has determined that making an education development grant to
the CFBISD in accordance with this AGREEMENT will further the objectives of the CITY,
will benefit the CITY and the CITY's inhabitants, by providing technology that will assist in
teaching languages.
NOW THEREFORE, in consideration of the foregoing, and other valuable
consideration the receipt and sufficiency of which are hereby acknowledged on the terms and
conditions hereinafter set forth, the parties agree as follows:
COPPELL EDUCATION DEVELOPMENT GRANT
Page I
GENERAL PROVISIONS
1. Subject to availability of funds collected from the 379A sales tax, the CITY agrees to
provide the CFBISD an education development grant (the "GRANT ") in an amount not to
exceed Five Hundred Forty Thousand Five Hundred Twenty -four Dollars and no cents
($540,524.00).
2. CFBISD agrees to utilize the GRANT to fund network and electrical installation, server
upgrades /additions, computer hardware and telecommunications devices, software components,
student and teacher workstation furniture, and a part-time technology specialist position at
Ranchview High School and Barbara Bush Middle School.
3. CITY agrees to provide the GRANT of Five Hundred Forty Thousand Five Hundred
Twenty -four Dollars and no cents ($540,524.00) funds payable on a quarterly basis with the first
payment to be made in February 2009. Funds to be expended in accordance with the budget
categories set forth in the GRANT application.
4. On a quarterly basis beginning no later than May 31, 2009 the CFBISD shall submit
invoices and personnel costs for this GRANT to the CEDC. The detailed expenditures shall
include, but not be limited to, salaries, invoices, number of students from Coppell served, grade
levels actually served, and any changes in personnel during the period covered by this GRANT.
5. In the event the CFBISD breaches any of the terms of this AGREEMENT or fails to use
the GRANT for the purposes set forth herein, then the CFBISD, after expiration of the notice
and cure period described herein, shall be in default of this AGREEMENT. As liquidated
damages in the event of such default, the CFBISD shall, within thirty (30) days after demand,
repay to the CITY, the GRANT with interest at the rate of eight percent (8 %) per annum from
the date of receipt of the GRANT until paid. The parties acknowledge that actual damages in
the event of default would be speculative and difficult to determine. Upon breach by CFBISD
of any obligations under this AGREEMENT, the CITY shall notify the CFBISD in writing,
who shall have thirty (30) days from receipt of the notice in which to cure such default. If
CFBISD fails to cure the default within the time provided herein, or, as such time period may be
extended, then the CITY at its sole option, shall have the right to terminate this AGREEMENT
without further notice to the CFBISD.
6. The terms and conditions of this AGREEMENT are binding upon the successors and
assigns of all parties hereto. This AGREEMENT may not be assigned without the express
written consent of CITY and CEDC.
7. It is understood and agreed between the parties that CFBISD, in the use of the GRANT
and in satisfying the conditions of this AGREEMENT, is acting independently, and that the
CITY and/or the CEDC assumes no responsibilities or liabilities to third parties in connection
with these actions. CFBISD agrees to indemnify and hold harmless the CITY and the CEDC
from all such claims, suits, and causes of action, liabilities and expenses, including reasonable
attorney's fees, of any nature whatsoever arising out of the CFBISD'S performance of the
conditions under this AGREEMENT.
8. Any notice required or permitted to be delivered hereunder shall be deemed received
when sent by United States mail, postage pre -paid, certified mail, return receipt requested,
addressed to the party at the address set forth opposite the signature of the party.
COPPELL EDUCATION DEVELOPMENT GRANT
Page 2
9. This AGREEMENT shall be governed by the laws of the State of Texas; and venue for
any action concerning this AGREEMENT shall be in the State District Court of Dallas County,
Texas.
10. In the event any one or more of the provisions contained in this AGREEMENT shall for
any reason be held to be invalid, illegal, or unenforceable in any respect; such invalidity,
illegality, or unenforceability shall not effect the other provisions, and the AGREEMENT shall
be construed as if such invalid, illegal, or unenforceable provision had never been contained in it.
EXECUTED this 9 day of )// a,Lc _
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COPPELL EDUCATION DEVELOPMENT GRANT
Page 3
CITY OF COPPELL, TEXAS
By:
ATTEST:
By:
, 2009.
CLAY ' HILLIPS, C Y MANAGER
255 ' arkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
, 2009.
COPPELL EDUCATION DEVELOPMENT CORPORATION
ANTONIO ALTEMUS, PRESIDENT
255 Parkway Boulevard
P.O. Box 9478
Coppell, Texas 75019
y/Voy
SIGNED this day of Mu,,ce , 2009.
STATE OF TEXAS
COUNTY OF DALLAS §
My Commission E ctIN +G Is
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COPPELL EDUCATION DEVELOPMENT GRANT
Page 4
CARROLLTON - FARMERS BRANCH INDEPENDENT
SCHOOL DISTRICT
By:
DR. BOBBY : '/ S, ACTING SUPERINTENDENT
Carrollton -Fa ers Branch Independent School District
1445 North Perry Road
Carrollton, Texas 75006
ATTEST:
By:
CITY'S ACKNOWLEDGMENT
.r I A K / G 2.
Notary Public, State of Texas
This instrument was acknowledged before me on the day of LT/ ,
2009, by Clay Phillips, City Manager of the City of Coppell, Texas, a Texas municipality, on behalf
of said municipality.
STATE OF TEXAS
STATE OF TEXAS
COUNTY OF DALLAS
My Commission expires:
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COPPELL EDUCATION DEVELOPMENT CORPORATION
COUNTY OF DALLAS §
This instrument was acknowledged before me on the I day of M
2009, by Antonio Altemus, President of the Coppell Education Development Corporation, on
behalf of said corporation.
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My Commission e,V4e .A c :fie
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COPPELL EDUCATION DEVELOPMENT GRANT
Page 5
Notary Public, State of Texas
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CARROLLTON/F MERS BRANCH INDEPENDENT SCHOOL DISTRICT
This instrument was acknowledged before me on the 62 day of / ,
2009, by Dr. Bobby Burns, Acting Superintendent of Carrollton/Farmers Branch Independent
School District, on behalf of said district.
No NNo vry PUblic. ie afl
ary Public, S ate of Texas
GAYLE
SYnT� oF: TFX�,F
CommIssori E Hres 1026/09