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R11-119 1 2 RESOLUTION NO. R11 -119 3 4 A RESOLUTION OF THE CITY OF BOYNTON 5 BEACH, FLORIDA, APPROVING AND 6 AUTHORIZING THE EXECUTION BY THE 7 INTERIM CITY MANAGER OF A CONSULTANT 8 AGREEMENT WITH FLORIDA ATLANTIC 9 UNIVERSITY BOARD OF TRUSTEES 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- 11 /CJD 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; and 23 WHEREAS, the City Commission approved a contract via Resolution R11 -066 24 however City staff was informed that the contract needed to be revised to be under the 25 i name of Florida Atlantic University Board of Trustees and executed by the Director of ' 26 ; Sponsored Programs, along with a revision being made to the indemnification and hold 27 harmless paragraph of the Agreement. 28 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION 29 ; OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: , I' c � ' Document in Windows Internet Explorer ;7 1 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2jbeing true and correct. 3 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 4 approves and authorizes the execution by the Interim City Manager of a revised Consultant 5 Agreement with Florida Atlantic University Board of Trustees for the 2011 Redistricting of 6 , Geographic Voting Boundaries in the amount of $27,000.00, a copy of which is attached 7 hereto as Exhibit "A ". 8 ` ` Section 3. That this Resolution shall become effective immediately. 9 PASSED AND ADOPTED this 1 day of November, 2011. 10 ; ` CITY OF BOYNTON BEACH 11 12 H 13 Mayon — Jo:e see ' •z 14 ; 15 16 Vice Mayo — William Orlove 17 18 19 , Commi' ' oner — Woodrow L. Hay 20 21 22 9 ' Commission r — Ste ° n Holz 23 24 / 25 " Commissioner — Marlene Ross 26 27 ATTEST: 28 i 29 WI • i 30 Jan. t M. Prainito, MMC 31 '; " tyClerk 32 Y =; 33 34 35 (C■ •r.. a eal) '. 36 t /5, 37 0I fy 5 T Document in Windows Internet Explorer I I R -119 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 Board of Trustees , 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 of $27,000, 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. INSURANCE. The Consultant shall secure and maintain in force throughout the duration of this contract general liability self insurance in accordance with the State of Florida Universities and the State Risk Management Trust Fund, limits for Coverage B: $100,000 /each person and $200,000 /eacah occurrence. 9. 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. 10. 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. 12. DISCRIMINATION 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. 13. ASSIGNMENT. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. 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. 15. TERMINATION. a. Either Party has the right to terminate this Agreement at any time by giving ten (10) days written notice to the other party. 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: JoAnn Moretti, Director Sponsored Programs Florida Atlantic University 777 Glades Road, SU -80, Room 101 Boca Raton, FL 33431 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. DATED this /5 day of ND v cm ber , 201/ . CITY OF BOYNTON BEACH FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES A Ali --Ar 1)1A:6,i 0terim City Manager Direc or of Sponsored Programs /1. 49, /f GST Y pc Attest/Authenticated: 1:0 I 0 0 A 65- • (Corporate Seal) C. yC1 k Approved as to Form: Attest/Authenticated: Office of the Cit Atto - , Secretary Exhibit "A" REQUEST FOR PROPOSAL SCOPE OF WORK Purpose Article II of the City Charter, Section 17(0, 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: ➢ 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. ➢ Follow major natural and manmade boundaries. ➢ Maintain integrity of communities of interest, including municipal boundaries. ➢ Ensure compactness and contiguous districts. ➢ 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 ➢ 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. ➢ Map depicting Racial Ethnic Composition Totals and Percentages by Existing Districts. ➢ Map depicting Racial /Ethnic Composition Totals and Percentages at Census Block Group Level. • Map depicting Number of Registered Voters in each Existing District > Map depicting Party Affiliation by Voting Precinct > 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: ➢ Map overlay of Proposed District Boundaries, Major Roadways, and voting Precincts within the Districts. > 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 ArcView GIS format. ➢ It is the responsibility of the 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.