R11-066
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2 RESOLUTION NO. R11- D~"
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4 A RESOLUTION OF THE CITY OF BOYNTON
5 BEACH, FLORIDA, APPROVING AND
6 AUTHORIZING THE EXECUTION BY THE CITY
7 MANAGER OF A CONSULTANT AGREEMENT
8 WITH FLORIDA ATLANTIC UNIVERSITY'S
9 DEPARTMENT OF GEOSCIENCES FOR 2011
10 REDISTRICTING OF GEOGRAPHIC VOTING
11 BOUNDARIES IN THE AMOUNT OF $27,000.00;
12 AND PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, pursuant to Article II, Section 17(g) of the City Charter, geographic
15 boundaries for each voting district shall be designated, prepared and identified every four
16 (4) years; and
17 WHEREAS, on May 31, 2011, Procurement Services received and opened two (2)
18 proposals to the RFP #052-2410-111CJD for 2011 Redistricting of Geographic Voting
19 Boundaries; and
20 WHEREAS, the proposals were reviewed by staff and it was determined that the
21 Department of Geosciences at Florida Atlantic University was the most responsive
22 responsible proposer that met all the criteria.
23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
24 OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
26 being true and correct.
27 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
28 i approves and authorizes the execution by the City Manager of a Consultant Agreement with
29 Florida Atlantic University Department of Geosciences for the 2011 Redistricting of
S:\CA\RESO\Agreements\Reso - Approve FAU (redistricting).doc
II I
1 Geographic Voting Boundaries in the amount of $27,000.00, a copy of which is attached
2 hereto as Exhibit "A".
3 Section 3. That this Resolution shall become effective immediately.
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4 PASSED AND ADOPTED this ~ I day of June, 2011.
5 F BOYNTON BEACH
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17 c... ommissio r - t.even He::l
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20 Commissioner - Marlene Ross
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22 ATTEST: .
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25 t M. Prainito, MMC
26 ty Clerk
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S:\CA\RESO\Agree~ents\Reso - Approve FAU (redistricting).doc
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CONSULTANT AGREEMENT FOR
2011 REDISTRICTING OF GEOGRAPHIC VOTING BOUNDARIES
THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the
City", and Florida Atlantic University's Department of Geosciences , hereinafter referred
to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. PROJECT DESIGNATION. The Consultant is retained by the City to perform CONSULTANT
services in connection with the project designated.
2. SCOPE OF SERVICES. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto and incorporated herein by reference, including the provision of all labor, materials,
equipment and supplies. No modifications will be made to the original scope of work without the
written approval of the City Manager or his designee.
3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon the giving of
written notice by the City to the Consultant to proceed. Consultant shall perform all services and
provide all work product required pursuant to this agreement no longer than 5 months from the date
written notice is given to proceed, unless an extension of such time is granted in writing by the City.
4. TERM: This Agreement shall be for a period of Five months commencing on the date the Agreement
is executed by the City.
5. PAYMENT. The Consultant shall be paid by the Provider/City for completed work and for services
rendered under this agreement as follows:
a. The total contract price, as referred to herein, shall be the total amount of payment to consultant for
services provided under this agreement for the entire term of the Agreement
b. Payment for the work provided by Consultant shall be made promptly on all invoices submitted to
the City properly, provided that the total amount of payment to Consultant shall not exceed the total
contract price without express written modification of the Agreement signed by the City Manager or
his designee.
c. The Consultant may submit invoices to the City once per month during the progress of the work for
partial payment for project completed to date. Such invoices will be reviewed by the City, and upon
approval thereof, payment will be made to the Consultant in the amount approved.
d. Final payment of any balance due the Consultant of the total contract price earned will be made
promptly upon its ascertainment and verification by the City after the completion of the work under
this Agreement and its acceptance by the City.
e. Payment as provided in this section by the City shall be full compensation for work performed,
services rendered and for all materials, supplies, equipment and incidentals necessary to complete the
work.
f. The Consultant's records and accounts pertaining to this agreement are to be kept available for
inspection by representatives of the City and State for a period of three (3) years after the termination
of the Agreement. Copies shall be made available upon request.
6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other
materials produced by the Consultant in connection with the services rendered under this Agreement
shall be the property of the City whether the project for which they are made is executed or not. The
Consultant shall be permitted to retain copies, including reproducible copies, of drawings and
specifications for information, reference and use in connection with Consultant's endeavors.
7. COMPLIANCE WITH LAWS. Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and
regulations that are applicable to the services to be rendered under this agreement.
8. INDEMNIFICA TION. Consultant shall indemnify, defend and hold harmless the City, its offices,
agents and employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness,
disease or death to Consultant's own employees, or damage to property occasioned by a negligent act,
omission or failure of the Consultant.
9. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this
contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per
occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate
for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence
to 2 million aggregate with defense costs in addition to limits.
Said general liability policy shall name the City of Boynton Beach as an additional named insured and
shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior
written notice to the City. Certificates of coverage as required by this section shall be delivered to the
City within fifteen (15) days of execution of this agreement.
10. INDEPENDENT CONTRACTOR. The Consultant and the City agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this agreement. Nothing in
this agreement shall be considered to create the relationship of employer and employee between the
parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits
accorded City employees by virtue of the services provided under this agreement. The City shall not
be responsible for withholding or otherwise deducting federal income tax or social security or for
contributing to the state industrial insurance program, otherwise assuming the duties of an employer
with respect to Consultant, or any employee of Consultant.
11. COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed
or retained any company or person, other than a bonafide employee working solely for the Consultant,
to solicit or secure this contract, and that he has not paid or agreed to pay any company or person,
other than a bonafide employee working solely for the Consultant, any fee, commission, percentage,
brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making
of this contract.
For breach or violation of this warranty, the City shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover,
the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
DISCRIMINA TION PROHIBITED. The Consultant, with regard to the work performed by it under
this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed,
age, sex or the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the City.
NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation
provided for in this Agreement shall not constitute a waiver of any other provision.
TERMINA nON.
a. The City reserves the right to terminate this Agreement at any time by giving ten
(10) days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any of its
supervisory personnel assigned to the project, the surviving members of the Consultant hereby
agree to complete the work under the terms of this Agreement, if requested to do so by the City.
This section shall not be a bar to renegotiations of this Agreement between surviving members of
the Consultant and the City, if the City so chooses.
16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this
Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent
jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law.
17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address:
City of Boynton Beach
P.O. Box 310
Boynton Beach, FL 33425-0310
Notices to Consultant shall be sent to the following address:
F AU Department of Geosciences
777 Glades Road
Boca Raton, FL 33431-0991
ATTN: James Gammack-Clark
18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda,
represents the entire and integrated agreement between the City and the Consultant and supersedes all
prior negotiations, representations, or agreements written or oral. This agreement may be amended
only by written instrument signed by both City and Consultant.
DA TED this \ L day of ~'--~ ,20-1L.
CITY OF BOYNTON BEACH
d~ Ud-L. .,~- ~~
ity Manager - Consu tant
Attest! Authenticated: ~~ ~c:~.
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TItle
Ci~ YJl. ~ (Corporate Seal)
Attest! Authenticated:
Secretary
Exhibit" A"
REQUEST FOR PROPOSAL
SCOPE OF WORK
Purpose
Article II of the City Charter, Section 17(f), sets out the time frame for designating geographic
boundaries, i.e. "... Geographic boundaries for each voting district shall be designated, prepared and
identified not later than the first day of January, 2002, and every four (4) year thereafter by contract to the
City of Boynton Beach with a four (4) year college or university or educational research institution
located within the State of Florida to be selected by the City Commission of the City of Boynton Beach,
Florida. . .."
The successful university contractor will assist the City of Boynton Beach Department of Development in
preparing redistricting options for the City of Boynton Beach City Commission.
Narrative Description of Tasks
The scope of work involves a series of tasks set to begin in July 2011 and end in December 2011. Each
task is described below.
1. Establishing the Redistricting Criteria
It is understood that the City of Boynton Beach Commission has agreed to use the following criteria to
guide the redistricting process:
'y To the extent practical with existing precinct boundaries, achieve population equality
among the districts.
~ Adhere to Section 2 of the Voting Rights Act of 1965, as amended and interpreted through
case law.
'y Follow major natural and manmade boundaries.
'y Maintain integrity of communities of interest, including municipal boundaries.
,. Ensure compactness and contiguous districts.
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~ Preserve the core of the existing voter districts.
)..- Evaluate possible shift to Palm Beach County Election Precincts to achieve contiguity and
coherence of City Commission Districts.
2. Data Collection
Will acquire both the geographic and attribute information to support the redistricting analysis.
The required redistricting data have three (3) main elements: geographic, demographic, and
voting registration/election data.
(1) Demographic Profiling information
,.. 2010 U.S. Census Population Data (Public Law 94-171 Redistricting Data, Universe: Total
Population). Source: U.S. Census Bureau
'y 2010 U.S. Census Population Data for Racial/Ethnic Background (Public Law 94-171
Redistricting Data, Universe: Population of two or more races). Source: U.S. Census
Bureau
(2) Voter Registration and Election information - In cooperation with the Palm Beach County
Supervisor of Elections, the City of Boynton Beach Department of Development and the selected
university contractor will obtain the most current Voter Registration information (gender, party
affiliation, and racial composition) as well as election information from two previous elections as
provided by the Palm Beach County Board of Elections Commission for the purpose of analyzing
voter turnout. It is imperative that the voter registration and election information be provided at
the precinct level (requiring that the dataset include the individual precinct number as well as the
demographic information).
;- Current voter Registration Data at the Precinct-Level: Information would include total
registered voters, gender, racial and/or ethnic composition, and party affiliation. Source:
Florida Legislature, Florida Redistricting Election Data Set (FREDS) or Palm Beach
County Board of Elections. Format: dBase.
, Previous election information would include total number of registered voters by precinct
,..
who turned out for two elections as well as demographic information about the voter such
as gender, racial composition, and party affiliation. Source: FREDS or Palm Beach
County Board of Elections. Format: dBase.
Estimated Timeframe: July - September 2011
3. Data Integration to Generate Existing District Map and Support Maps
The university contractor will integrate both the demographic and voting information with
GIS maps of the City of Boynton Beach. The map layers will include precinct boundaries,
census block query boundaries, roads and streets, and other geographic information. At a
minimum, the following maps will be developed using this information:
,.. Map depicting Total Population Totals and Percentages by Existing Districts.
'r Map depicting Racial Ethnic Composition Totals and Percentages by Existing Districts.
,', Map depicting Racial/Ethnic Composition Totals and Percentages at Census Block Group
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Level.
, Map depicting Number of Registered Voters in each Existing District
., Map depicting Party Affiliation by Voting Precinct
jii- Map depicting Voting Turnout for past elections.
The above referenced maps will be provided in digital format to the City in both PDF format and ArcGIS
or MapInfo format for dissemination. The maps will be produced in both 11" X 17" and 36" X 44" media
format for presentation purposes.
Estimated Timeframe: July - September 2011
4. Meet With City Commissioners
The university contractor will meet with each Commissioner to identify and discuss concerns
regarding the redistricting process. The format and schedule of the meetings will be based upon
the following:
. Pre-Planning Meeting:
. Draft Review of Options Meeting:
. Final Review of Options Meeting:
5. Prepare and Present the Redistricting Option Maps to the City Commission
The university contractor will prepare and present several redistricting options to the Boynton Beach
City Commission for review and comments. Each Commissioner will be provided with a redistricting
packet containing the following items:
y Map overlay of Proposed District Boundaries, Major Roadways, and voting Precincts
within the Districts.
ji- Racial/Ethnic Composition totals and Percentages by Proposed Districts.
" Table depicting voter-related information, such as number of registered voters per district,
racial/ethnic composition of registered voters, total registered voters, and party affiliation
assigned to in each proposed option will be provided only for redistricting options.
" In addition the university contractor will contact the Palm Beach County Elections
Supervisor's Office to ascertain if that agency is receptive to shifting or realigning election
precincts to better balance City Commission Districts.
Estimated Timeframe: September - October 2011
6. Review Process of Maps Submitted by Outside Parties
, Redistricting proposals will be provided in either PDF, ArcGIS, or MapInfo format that
includes the following fields:
1) Census Block Number
2) Proposed District Number Assigned to that Census Block
3) Population Total for that Census Block
7. Review Recommendations for Revisions and Modify Approved Changes to the Redistricting
Option Maps
The university contractor will revise the redistricting options following input from City of Boynton
Beach officials.
Estimated Timeframe: November - December 2011
8. Presentation of the Final Version of the Redistricting Option Map(s)
Based upon the comments and recommendations received from the Boynton Beach City
Commissioners, the university contractor will present the final version of the Redistricting Options for
final approval by the Commission.
PDF format for dissemination to public and other interested parties. The university contractor will
provide the ArcView GIS files to Boynton Beach GIS for its use in disseminating information to
the public
Estimated Timeframe: November 2011
9. Submittal of Redistricting Map Approved by the City and Narrative Information Regarding
District Boundaries
, The university contractor will provide approved redistricting option to the City of Boynton
Beach Engineering Department and the City will develop the legal narratives of each
district boundaries.
" In the event that an outside party's map is approved, the university contractor will develop
the map in Arc View GIS format.
'y It is the responsibility ofthe outside party to provide the boundary narratives to the City of
Boynton Beach Department of Engineering.
Estimated Timeframe: December 2011
Invoicing
All materials and data files developed for the City under this agreement shall become the sole property
of the City and shall be available to the City. Invoice for initial payment shall be sent to the Finance
Director at City Hall for service rendered through the point of submission of boundary configurations
to the appropriate city office or staff. Invoice for final payment shall be sent to the Finance Director at
City Hall upon completion of the project. Completion shall be defined to mean the time when a Final
Report has been made to the City Commission.
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Tim Howard
Deputy Director of Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: June 22, 2011
SUBJECT: RII-066 Consultant Agreement for 2011 Redistricting of
Geographic Voting Boundaries
Attached for your handling is the original agreement mentioned above and a copy of
the Resolution. Once the document has been executed, please return the original to
the City Clerk's Office for further processing.
Please contact me if there are any questions. Thank you.
~'1JJ.~
Attachments (2)
(1 Agreement & Resolution)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental TransmiUals\201 ]\Tim Howard RI ]-066 Consultant Agreement for 201]
Redistricting of Geographic V otin Boundaries.doc
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MEMORANDUM
FINANCE/PROCUREMENT
TO: Janet Prainito, City Clerk
FROM: Julie Alibrandi, Buyer \,\ Wi~
SUBJECT: CONSULTANT AGREEMENT FOR "2011 REDISTRICTING OF
GEOGRAPHIC VOTING BOUNDARIES"
RFP No.: 052-2410-11/CJD
DATE: July 19, 2011
Attached is the original contract between Florida Atlantic University's Department of
Geoscience and the City of Boynton Beach. The original contract has been signed by
the Contractor, F AU.
Please return a copy of the contract to me after execution by City Manager, City Clerk
and Legal.
Thank you so much.
Attachment
cc: File
CITY CLERK'S OFFICE
MEMORANDUM
TO:
James Cherof
City Attorney
FROM:
Janet M. Prainito
City Clerk
DATE:
July 19, 2011
RE:
Approval of Agreement by City Commission on June 21, 2011.
Attached is the agreement that was approved by the City Commission at their regular
meeting held on June 21, 2011. Please review, sign and return to me for further
processing. Thank you.
RESOLUTION NO. OF DESCRIPTION
# DOCUMENTS
11-066 2 Contract between Florida Atlantic University's
Department of Geoscience and the City of Boynton
Beach.
R~' './-
~ '11). ~
Attachments
S:\CC\WP\AFTER COMMISSION\City Attorney TransmittalsWear 2011 \06-21-11 R11-066.doc
The City of Boynton Beach
City Clerk's Office
100 E BOYNTON BEACH BLVD
BOYNTON BEACH FL 33435
(561) 742-6060
FAX: (561) 742-6090
e-mail: prainitoj@bbfl.us
www.boynton-beach.org
MEMORANDUM
TO: Tim Howard
Deputy Director of Finance
FROM: Janet M. Prainito, MMC
City Clerk
DATE: July 27, 2011
SUBJECT: R11-066 Consultant Agreement for 2011 Redistricting of
Geographic Voting Boundaries
Attached for your information and file is the agreement mentioned above. Since the
document has been fully executed, I have retained the original for Central File.
Please contact me if there are any questions. Thank you.
________________________________
Attachment
(Copy of executed agreement)
C: Central File
S:\CC\WP\AFTER COMMISSION\Departmental Transmittals\2011\Tim Howard R11-066 Consultant Agreement for 2011
Redistricting of Geographic Votin Boundaries EXECUTED COPY.doc
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