R20-105 1 RESOLUTION NO. R20-105
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,FLORIDA,
3 APPROVING AND AUTHORIZING THE CITY MANAGER TO
4 SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
5 BOYNTON BEACH AND FLORIDA INTERNATIONAL
6 UNIVERSITY TO PREPARE A RACIAL AND SOCIAL EQUITY
7 COMPREHENSIVE COMMUNITY NEEDS ASSESSMENT AND
8 PROVIDE DETAILED POLICY RECOMMENDATIONS TO
9 ADDRESS THE NEEDS, CHALLENGES AND OPPORTUNITIES;
10 AND PROVIDING AN EFFECTIVE DATE.
11
12 WHEREAS, in July 2020,the Boynton Beach City Commission approved the creation of
13 a Task Force to address racial and social equity in the City focused on healthcare, education,
14 housing,public safety, economic opportunity,and internal operations;and
15 WHEREAS, staff has researched best practices in addressing racial and social equity
16 with the goal of developing an approach that cultivates consciousness and creates a framework to
17 address racial and social equity in the delivery of City services for the benefit of all communities
18 within the City; and
19 WHEREAS, the Interlocal Agreement provides that the Racial and Social Equity
20 Comprehensive Community Needs Assessment will include three (3) phases: an analytical
21 analysis of the City's demographics and established Focus Areas, local community engagement,
22 and a final report summarizing the key findings under each policy area; and
23 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
24 recommendation of staff, deems it to be in the best interests of the City residents to approve and
25 authorize the City Manager to sign an Interlocal Agreement with Florida International University
26 to prepare a Racial and Social Equity Comprehensive Community Needs Assessment and provide
27 detailed policy recommendations to address the needs,challenges and opportunities.
28 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
29 CITY OF BOYNTON BEACH,FLORIDA,THAT:
30 Section 1. Each Whereas clause set forth above is true and correct and incorporated
31 herein by this reference.
S:\CA\RESO\Agreements\ILA With HU Racial And Social Equity Community Needs Assessment-Reso.Docx
32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
33 approve and authorize the City Manager to sign the Interlocal Agreement between the City of
34 Boynton Beach and Florida International University to prepare a Racial and Social Equity
35 Comprehensive Community Needs Assessment and provide detailed policy recommendations to
36 address the needs, challenges and opportunities. A copy of the Interlocal Agreement is attached
37 hereto as Exhibit"A".
38 Section 3. That this Resolution shall become effective immediately upon passage.
39 PASSED AND ADOPTED this 15th day of September,2020.
40 CITY OF BOYNTON BEACH, FLORIDA
41
42 YES NO
43 Mayor—Steven B. Grant
44
45 Vice Mayor—Ty Penserga
46
47 Commissioner—Justin Katz ✓
48
49 Commissioner—Woodrow L. Hay
50
51 Commissioner—Christina L. Romelus ✓
52
53 VOTE 51-0
54 ATTEST:
55
56
57 4 iJ,/40-1._
58 C tal Gibson, MMC
59 City Clerk
60
61
62 (Corporate Seal)
IT
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i �) V'
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INTERLOCAL AGREEMENT
THIS AGREEMENT, made and entered into this 21th day of September, 2020,
between the City of Boynton Beach, a Florida municipal corporation, hereinafter called
the City and the Florida International University Board of Trustees, a public body
corporate, hereinafter called the University or FIU.
WITNESSETH:
In July 2020, the Boynton Beach City Commission approved the creation of a Task Force
to address racial and social equity in the City focused on healthcare, education, housing,
public safety, economic opportunity, and internal operations. The initiative aims to create
a framework to address racial and social equity in the delivery of City services for the
benefit of all communities within the City. Through a partnership with Florida International
University, the City will render the analytical framework and community engagement to
develop study findings and present recommended action/policy items for each area of
focus. The initiative will develop a baseline evidence-based understanding of the
community characteristics and trajectory with indicators that can be used to develop a
social equity index that reflects current conditions and allows for monitoring of changes
and progress in the future.
In consideration of the foregoing, the City desires to retain the services of FIU to prepare
a Comprehensive Community Needs Assessment.
PROVISIONS:
ARTICLE 1.00: FIU will prepare a Comprehensive Community Needs Assessment. FIU
has identified the scope of services is described in Exhibit "A" attached hereto in the
amount of $125,000. The City will contribute $20,000 toward the Comprehensive
Community Needs Assessment. FIU and the City will pursue grant funding for the
remaining project fee as described in Exhibit "A".
ARTICLE 2.00: The City and FIU will furnish, each to the other, the respective services,
information and items covering such work and the compensation to be paid therefore.
Once the agreement is executed, the City Manager authorizes the work to be completed.
The City will furnish FIU and its duly designated representative information including, but
not limited to, existing data and projects related to the study area that is in its possession
or control. FIU will perform, in a timely and professional manner, the work elements set
forth in Exhibit "A.
ARTICLE 3.00: The term of this Agreement will terminate Six (6) months from the
effective date of this Agreement. The Comprehensive Community Needs Assessment
task will not commence until grant funding is secured in accordance with Article 1.00.
ARTICLE 4.00: FIU will provide Project Schedule progress reports in a format acceptable
to the City Manager or his designee. The City Manager or his designee shall be entitled
at all times to be advised, at his request, as to the status of work being done by FIU and
of the details thereof. Coordination shall be maintained by FIU with representatives of the
City. Either party to the agreement may request and be granted a conference.
ARTICLE 5.00: In the event there are delays on the part of the City as to the approval of
any of the materials submitted by FIU or if there are delays occasioned by circumstances
beyond the control of FIU which may delay the Project Schedule completion date, the City
Manager or his designee may grant FIU a written extension of the contract time, equal to
the aforementioned delays, provided there are no changes in compensation or scope of
work.
FIU will ensure that sufficient contract time remains within which to complete services on
the project and each major milestone in accordance with Exhibit "A". In the event there
have been delays which would affect the project completion date or the completion date
of any major milestone, FIU shall submit a written request to the City Manager or his
designee at least twenty (20) days prior to the schedule completion date which identifies
the reason(s) for the delay and the amount of time related to each reason. The City
Manager or his designee will review the request and make a determination as to whether
to grant all or part of the requested extension. There shall be no advance payments.
In the event contract time expires and FIU has not requested, or if the City Manager or
his designee has denied an extension of the completion date, no payment for the project
will be made until a time extension is granted or all work has been completed and
accepted by the City Manager or his designee.
ARTICLE 6.00: FIU shall maintain an adequate and competent professional staff for the
purpose of its services hereunder, without additional cost to the City, other than those
costs negotiated within the limits and terms of this Agreement and upon approval by the
City Manager, such specialists as FIU may consider necessary.
ARTICLE 7.00: FIU shall not be liable for use by the City of plans, documents, studies, or
other data for any purpose other than intended by the terms of this Agreement.
ARTICLE 8.00: All tracings, plans, specifications, maps, or reports obtained under this
Agreement from City shall be considered research and may be used by the University or
City without restriction or limitation on their use; and shall be made available, upon
request, to the City at any time. Copies of these documents and records shall be furnished
to the City upon request, verbal or written, allowing reasonable time for the production of
such copies.
SUB-ARTICLE 8.10: Records of costs incurred by FIU and all subconsultants
performing work on the project, and all other records of FIU and sub consultants
2
considered necessary by the City for proper audit of project costs, shall be made available
to the City upon reasonable request.
FIU shall allow public access to all documents, papers, letters, or other material
subject to the provisions of Chapter 119, and Section 1004.22 Florida Statutes,
and made or received by FIU in conjunction with this Agreement. Failure by FIU
to grant such public access shall be grounds for immediate unilateral
cancellation of this Agreement by the City Manager.
ARTICLE 9.00: FIU shall comply with all federal, state, and local laws and ordinances
applicable to the work or payment for work thereof, and shall not discriminate on the
grounds of race, color, religion, sex, or national origin in the performance of work under
this Agreement.
ARTICLE 10.00: Upon execution of this Agreement, the City will provide to FIU its project
contribution of twenty thousand and No/100 dollars ($20,000), the remainder of the
agreement will be funded through grant funding in accordance with Article 3.00.
ARTICLE 11.00: The City Manager may terminate this Agreement in whole or in part at
any time the interest of the City requires such termination.
SUB-ARTICLE 11.10: If the City Manager determines that the performance of
FIU is not satisfactory, the City Manager shall have the option of (a) immediately
terminating the Agreement or (b) notifying FIU of the deficiency with a
requirement that the deficiency be corrected within a specified time, otherwise the
Agreement will be terminated at the end of such time.
SUB-ARTICLE 11.20: If the City Manager requires termination of the Agreement
for reasons other than unsatisfactory performance of FIU, the City Manager shall
notify FIU of such termination, with instructions as to the effective date of
termination or specify the stage of work at which the Agreement is to be
terminated.
SUB-ARTICLE 11.30: The City Manager reserves the right, in its best interest
as determined by the City, to terminate this contract for unappropriated funds or
unavailability of funds in accordance with Article 3.00 by giving written notice to
FIU at least thirty (30) days prior to the effective date of such cancellation and
FIU shall return the City's $20,000 project contribution.
SUB-ARTICLE 11.40: If the Agreement is terminated following commencement
and before performance is completed, FIU shall be paid for the work satisfactorily
performed. FIU shall be paid costs for work in progress up to the time of
termination plus any non-cancelable commitments entered into by FIU in
furtherance of this Agreement prior to receipt of notice of termination. Payment is
3
not to exceed the prorated amount of the total agreement amount based on work
satisfactorily completed. Such determination by the City Manager or their
designee shall be based and calculated upon a percentage allocation of total
project cost.
ARTICLE 12.00: All words used herein in the singular form shall extend to and include
the plural. All words used in the plural form shall extend to and include the singular. All
words used in any gender shall extend to and include all genders.
ARTICLE 13.00: FIU warrants that it has not employed or retained any company or
person, other than a bona fide employee working solely for FIU, to solicit or secure this
Agreement, and that it has not paid or agreed to pay any person, company, corporation,
individual or firm any fee, commission, percentage, gift or any other consideration,
contingent upon or resulting from the award or making of this Agreement. It is understood
and agreed that the term "fee" shall also include brokerage fee, however denoted.
SUB-ARTICLE 13.10: For the breach or violation of Article 13.00, the City
Manager shall have the right to terminate this Agreement without liability, and,at
his discretion, to deduct from the contract price, or otherwise recover, the full
amount of such fee, commission, percentage, gift or consideration.
ARTICLE 14.00: FIU shall make no statements, press releases or publicity releases
concerning this Agreement or its subject matter or otherwise disclose or permit to be
disclosed any of the confidential data or other information obtained or furnished in
compliance with this Agreement, or any particulars thereof, during the period of this
Agreement, without first notifying the City Manager or his designee and securing its
consent, except that the City acknowledges under the provisions of Florida Statute
1004.22, the FIU is required to disclose the names of the projects, the principal
investigators and the sources and dollar amounts of funding. This Section shall not be
construed to limit or restrict public access to documents, papers, letters or other material
pursuant to Article 8.10 of this Agreement. Nothing contained herein or elsewhere in this
Agreement shall preclude FIU or its employees or students from publishing and
copywriting scholarly articles, abstracts or similar documents concerning the research
conducted under this Agreement.
ARTICLE 15.00: The City shall not expend money, incur any liability, or enter into any
contract which, by its terms, involves the expenditure of money in excess of the amounts
budgeted as available for expenditure. Any contract, verbal or written, made in violation
of this subsection shall be null and void, and no money shall be paid on such Contract.
ARTICLE 16.00: The following provision shall be applicable to this Agreement: FIU shall
invoice in a format acceptable to the City Manager or his designee and shall be paid
accordingly. The invoice shall include the Project Schedule progress reports as provided
4
in Article 4.00. FIU shall invoice the balance remaining on the contract pursuant to
conditions fulfilled in article.
SUB-ARTICLE 16.10: Compensation provided in Article hereof shall be adjusted
to exclude any significant sums where the City Manager shall determine that
reported costs by FIU reflect inaccurate, incomplete or noncurrent costs. All such
adjustments shall be made within 60 days following the end of the Agreement. For
purpose of this Agreement, the end of the Agreement shall be deemed to be the
date of final billing or acceptance of the work by the City Manager or his designee,
whichever is later.
ARTICLE 17.00: Standards of Conduct - Conflict of Interest - FIU and its employees shall
be bound by the standards of conduct provided in Florida Statutes, Section 112.313 as it
relates to work performed under this Agreement, which standards will by reference be
made a part of this Agreement as though set forth in full. FIU will incorporate the provisions
of this article in any subcontract into which it might enter with reference to the work
performed.
ARTICLE 18.00: The City Manager reserves the right to cancel and terminate this
Agreement in the event FIU or any employee, servant, or agent of FIU is indicted or has
direct information issued against him for any crime arising out of or in conjunction with
any work being performed by FIU for or on behalf of the City, without penalty. It is
understood and agreed that in the event of such termination, a copy of all reports,
tracings, plans, specifications, maps, and data prepared or obtained under this
Agreement shall immediately be turned over to the City Manager in conformity with the
provisions of Article 18.00 hereof. FIU shall be compensated for its services rendered up
to the time of any such termination in accordance with Article 11.00 hereof.
ARTICLE 19.00: To the extent permitted by law, and subject to the limitations included
within Florida Statutes Section 768.28, FIU shall indemnify and save harmless the City
from any and all claims, liability, losses and causes of action arising out of FIU's
negligence or other wrongful acts in the performance of this Agreement. However, nothing
herein shall be deemed to indemnify the City for any liability or claims arising out of the
negligence, performance, or lack of performance of the City.
To the extent permitted by law, and subject to the limitations included within Florida
Statutes Section 768.28, the City shall indemnify and save harmless FIU from any and all
claims, liability, losses and causes of action arising out of the City's negligence or other
wrongful acts in the performance of this agreement. However, nothing herein shall be
deemed to indemnify FIU for any liability or claims arising out to the negligence,
performance, or lack of performance of FIU.
ARTICLE 20.00: This Agreement shall be governed by and construed in accordance with
5
the laws of the State of Florida. No alteration, change or modification of the terms of this
Agreement shall be valid unless specified in writing, signed by both parties hereto, and
approved by the City Commissioners of the City. This Agreement, regardless of where
executed, shall be governed by and construed according to the laws of the State of Florida
and venue shall be in Broward County, Florida.
ARTICLE 21.00: Neither party may use the other party's trade names, trademarks,
service marks, logos or other designations except to the extent and in the manner,
which is expressly provided for in writing by the other party.
REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
6
IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day
and year first written above.
CITY OF BOYNTON BEACH, a Florida
municipal corporation
WITNESS:
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Ida n
am . Stanzio• - (,/J
By .CX.J c.:71--)04. ..
[Witness type/print name] Lori LaVerriere, City Manager
(CORPORATE SEAL) ATTEST:
•
ry-tal Gibson, ity Clerk v-
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Ap-
APPROVED AS TO FORM:
By -6.11 "APP 274._ 6 14.0-1/..01
Jim Cherof, City Attorney
PART)CIPANT
WITNESSESS The Florida International University
Boats of Trustees Digitally signed by
R:af%i4.0 .I J 5tAttr,dtardI Roberto M.Gutierrez
Pt) n 'X Date:2020.11.12
Romuald Blanchard (RB) 15:26:33-05'00'
(1 itooss Prim name) Assistant Vice President for Research
Jacqueline tabo y
Iacoueline Laboy
(Witnoss print name)
STATE OF FLORIDA
The foregoin instrument was eckno ged before me th J 3' day of LI,Q 2020
by nb � (V• Iju},theet L asff f 1Jgn 4- VP o k-el- _-c, ) of Florida
International Universdy,a public university Who is person known to me or have produced
idioms flu trio-WY! as identification
(SEAL) JJ
BETSY A.PEREZ Nola 1 of Florida(Signature of Notary
Commission A GG 947239
T .- , Pro et or Stamped
•e Expires January 14,2024
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8
EXHIBIT "A"
Scope of Work
2021 Boynton Beach Community Needs Assessment
Overview
In July 2020,the Boynton Beach City Council approved the creation of a Task Force to address racial
and social equity in the City.The initiative aims to create a framework to address racial and social
equity in the delivery of City services for the benefit of all communities within the City. To that end,
the City needs to develop a baseline evidence-based understanding of the community characteristics
and trajectory. The scope of work presented below outlines some of the indicators that can be used to
develop a social equity index that reflects current conditions and allows for monitoring of changes and
progress in the future.
Scope of Work
The Consultant will prepare a Comprehensive Community Needs Assessment which will include the
following Scope of Work. The Scope of Work details the various elements of the Study including the
analytical framework,community engagement and study findings and recommendations for each
policy area.
A. Analytics
The secondary data collection aims to describe the Boynton Beach community,over time and
across racial and ethnic groups.In addition to communities of color,the assessment will
provide analytics for LGBTQA community.senior residents,and religiously marginalized
communities.
The data collection is geared towards providing a comprehensive,holistic analysis that connects
the different indicators and speaks to the barriers and opportunities for community development.
The analytics will be developed for the city as well as by neighborhood.
The study includes,but is not limited to,the following data,analysis,and information:
1. Demographics
➢ Population by age,gender,race and ethnicity
➢ Population growth trends
➢ Population changes with an emphasis on recent shifts due to economic and housing
conditions
➢ Household types by race and ethnicity
➢ Household type by tenure
2. Economic Development
➢ Median family,household and per capita income by race
➢ Persons living in poverty
➢ Children living in poverty
➢ Labor force
➢ Employment and unemployment rates
➢ Employment by occupation
➢ Employment by industry
• Transportation and commuter patterns
➢ Employment inflow and outflow
3. Education
> Educational attainment
➢ Graduation rates
> Student retention
> Race/ethnic composition of the student population
➢ Student membership by race/ethnicity
> Full time administrative staff by race/ethnicity
➢ Full time instructional staff by race/ethnicity
➢ Attendance by race and ethnicity
➢ Student participation in advanced level courses by race
> Number of suspensions by race
➢ Student enrollment in local colleges and universities by race/ethnic composition by
area of study
➢ Student enrollment race/ethnicity by public university
4. Housing
r Housing units by structure type
➢ Age and condition of housing
> Housing tenure by race and ethnicity
➢ Housing vacancies by tenure
➢ Median gross rents
➢ Median home values by housing type
➢ Cost-burdened households by tenure
> Foreclosure activity
> Lending activity
➢ Affordable housing construction activity
> Housing and transportation costs
5. Criminal Justice and safety
> Crime rates by type
> Juvenile crime rates
➢ Number of arrests
> Inmates by race
> Executions by race for the State of Florida
➢ Inmates on death row by race,Miami-Dade County
6. Public Health
➢ Leading causes of death
> Infant mortality rates by race/ethnicity
> Maternal and infant health
> HIV and AIDS incident by race and ethnicity,gender,age and exposure
➢ HIV deaths.
Obesity
Health insurance coverage
> Health resources
Deliverables:Detailed report on the status of the Communities of Color in the City of Boynton Beach,
highlighting changes over time and in comparison to other groups across the topical areas
B. Community Engagement
The development of relationships with local communities stakeholders to partner in the research
process is critical for understanding areas of critical need and developing interventions that are
compatible with this community. To that end,in collaboration with the City of Boynton Beach,the
Consultant will develop a community-based participatory research plan with the following
elements:
• Identify census tracts and neighborhoods with a high concentration of People of Color
(Black/African American,Latinx, Native/Indigenous American,Asian American) who are
residents,using mapping technology,to enable targeted,place-based outreach.The targeted
engagement strategy will also include LGBTQA community,senior residents,and religiously
marginalized communities.
• Identify neighborhood associations or umbrella organizations that represent the largest
concentrations of People of Color(Black/African American,Latinx, Native/Indigenous
American,Asian American)who are residents.Some channels of communication include
Chambers of Commerce,faith-based organizations,and community resources that are
appropriate for outreach to target populations.
• Facilitate a focus group or organize interviews with community leaders.The focus group
and/or interviews will identify the participants'concerns for their community in a particular
area (e.g.health,education/learning,families,hosing etc.),as well as resources currently
available in their community to address the problems identified,and barriers to access.
• Develop a survey collecting,at minimum,self-reported socio-economic characteristics and
demographics; the most pressing needs and concerns; desired community services; and
barriers to accessing services.The survey will be administered citywide and will be distributed
using the appropriate probability sampling method via phone,mail, online on in person, in
partnership with community-based organizations.
• Develop a presentation with the main findings by topical focus area,e.g.economic conditions,
health disparities etc.Presentation will be used to inform and guide the discussion at
community meetings.
• Identify up to 4 locations for public meetings with the targeted communities.Once meeting
locations have been identified,the consultant will then work with established community
organizations to advertise and promote the meetings through various media outlets.Members
of the Boynton Beach staff will assist the consultant with these presentations.Sign-in sheets of
meeting attendance will be maintained.The consultant will create a data base of associations,
contacts,meeting schedules.
• Organize two rounds of public meetings,with the first round aimed at informing the
community of the research findings,and the second round focused on identifying strategies to
address concerns and/or soliciting community feedback on proposed strategies.
• Develop information boards,handouts and other printed materials for the public meeting
participants.Design electronic version of all materials for social media distribution.
Deliverables: Survey instrument,community organizations and partner list,outreach and
promotional materials,presentation,survey report,community discussions reports
C. Key Findings and Recommendations
Based on the aforementioned analytics and community engagement process,the Consultant will
provide a report summarizing the key findings under each policy area and provide detailed policy
recommendations to address the needs,challenges and opportunities.
Deliverables: Policy Recommendations and Implementation Plan.
Item Cost
Analytics(Baseline report on community dynamics and trends, $55,000
community feedback on analytics and reflections on needed services)
Enhanced Community Engagement(primary data collection- $45,000
interviews,survey,focus groups)
Recommendations and Action Plan $25,000
Budget $125,000
TOTAL AGREEMENT BUDGET: $125,000