R20-104 1 RESOLUTION NO. R20-104
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 DIVERSITY AND EQUITY
7 ASSESSMENT OF CITY SYSTEMS THAT WILL REVIEW
8 THE CITY'S INTERNAL SYSTEMS, POLICIES,AND PROCESSES
9 TO ESTABLISH THE CAPACITY TO ASSESS,IMPLEMENT,AND
10 MONITOR A SOCIAL AND RACIAL EQUITY STRATEGY AND
11 FOSTER A CULTURE OF DIVERSITY AND INCLUSION; AND
12 PROVIDING AN EFFECTIVE DATE.
13
14 WHEREAS, in July 2020,the Boynton Beach City Commission approved the creation of
15 a Task Force to address racial and social equity in the City focused on healthcare, education,
16 housing,public safety, economic opportunity, and internal operations; and
17 WHEREAS, staff has researched best practices in addressing racial and social equity
18 with the goal of developing an approach that cultivates consciousness and creates a framework to
19 address racial and social equity in the delivery of City services for the benefit of all communities
20 within the City; and
21 WHEREAS, the Interlocal Agreement provides that the assessment will produce a final
22 report summarizing the key findings and provide detailed policy recommendations to address the
23 needs,challenges and opportunities; and
24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
25 recommendation of staff, deems it to be in the best interests of the City residents to approve and
26 authorize the City Manager to sign an Interlocal Agreement with Florida International University
27 to prepare a Diversity and Equity Assessment of City Systems that .will review the City's internal
28 systems,policies,and processes to establish the capacity to assess,implement,and monitor a social
29 and racial equity strategy and foster a culture of diversity and inclusion.
30 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
31 CITY OF BOYNTON BEACH,FLORIDA,THAT:
S:\CA\RESO\Agreements\ILA With FN Diversity And Equity Assessment-Reso.Docx
32 Section 1. Each Whereas clause set forth above is true and correct and incorporated
33 herein by this reference.
34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby
35 approve and authorize the City Manager to sign an Interlocal Agreement with Florida International
36 University to prepare a Diversity and Equity Assessment of City Systems that .will review
37 the City's internal systems, policies, and processes to establish the capacity to assess, implement,
38 and monitor a social and racial equity strategy and foster a culture of diversity and inclusion. A
39 copy of the Interlocal Agreement is attached hereto as Exhibit"A".
40 Section 3. That this Resolution shall become effective immediately upon passage.
41 PASSED AND ADOPTED this 15th day of September,2020.
42 CITY OF BOYNTON BEACH, FLORIDA
43
44 YES NO
45 Mayor—Steven B. Grant
46
47 Vice Mayor—Ty Penserga ✓
48
49 Commissioner—Justin Katz
50
51 Commissioner—Woodrow L. Hay ✓
52
53 Commissioner—Christina L. Romelus
54
55 VOTE S=0
56 ATTEST:
57
58
59
60 Cry 1 Gibson, MMC
61 City Clerk
62
63
64 (Corporate Seal)
T-)
4 • ZF 2..jt •e
S:\CA\RESO\Agreements\ILA With FN Diversity And Equity Assessment-Reso.Docx
R ;?U- I b
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 review its City's internal systems, policies, and processes to
establish the capacity to assess, implement, and monitor a social and racial equity
strategy and foster a culture of diversity and inclusion.
This effort will render the analytical framework and engagement to develop study findings
and present recommended action/policy items. The initiative will develop baseline
evidence-based indicators that can be used to reflect 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 Diversity and Equity Assessment of City Systems.
PROVISIONS:
ARTICLE 1.00: FIU will prepare a Diversity and Equity Assessment of City Systems. FIU
has identified the scope of services is described in Exhibit "A" attached hereto in the
amount of$163,800.
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 two (2) years from the effective
date of this Agreement.
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.
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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
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 pay FIU twenty thousand
and No/100 dollars ($20,000). FIU will invoice the remainder of the project as tasks are
completed in accordance with the scope of services described in Exhibit "A".
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: 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
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.
3
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
in Article 4.00. FIU shall invoice the balance remain 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
4
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
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.
5
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:
•m 'y L. Stani•n-
By ,�- ?Ytex,[Witness type/print name] Lori aVerriere, y Manager
(CORPORATE SEAL) ATTEST:
By .Irk
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rys I Gibson, City Clerk
APPROVED AS TO FORM: olikom-
,/! „ // .tom C
By -
Jim Cherof, City Attorney
PARTIGIPANT
WtTNESSESS. The Florida International Universctyy
Board of Trustees Digitally signed by
Rofttuaid g( ,.- (L -Roberto M.Gutierrez
Date:2020.11.12
Romuald Blanchard (RB) 15:26:33-05'00'
(Witness print name) Assistant Vice President for Research
kugwetlne tabay
lacqueline Laboy
(Witness print name)
STATE OF FLORIDA: �}�
The foregoing instrument was ackno Sed before M I day of p 2020
by n b.ek 1•) IUl• (1 u f i'?,rrt t as Ail i r ill]4-VP &k4f-ea of Florida
In University,&public university Who is person known to me or have produced
P197Dna lIV ICM al44l as identification.
(SEAL) J III )
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EXHIBIT "A"
Scope of Work
2021 Boynton Beach Diversity and Equity Assessment of City Systems
Overview
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 review its City's internal systems,
policies,and processes to establish the capacity to assess,implement,and monitor a social and racial
equity strategy and foster a culture of diversity and inclusion.This effort will render the analytical
framework and engagement to develop study findings and present recommended action/policy items.
The initiative will develop baseline evidence-based indicators that can be used to reflect current
conditions and allows for monitoring of changes and progress in the future.
Scope of Work
The Consultant will prepare a Diversity and Equity Assessment of City Systems which will include the
following Scope of Work
A. Diversity,Equity,and Inclusion Assessment of the City and Departments
The proposed assessment focuses on internal policies,processes,organizational structures,and
safeguards that are conducive or obstructive to 1)fostering of a culture of diversity,equity and
inclusion within the City,2)development and implementation of socially and economically
equitable and sustainable policies.Evaluating the extent to which socially and economically
equitable and sustainable goals are accomplished is beyond the scope of the internal assessment,
but an integral component of the external assessment elaborated in the earlier sections.
The internal assessment will start with an overarching review of the City's policies,processes,and
safeguards that will ensure and enhance a culture of diversity,equity and inclusion within the City.
The City's current practices will be benchmarked against national best practices and then
recommendations and action plans will be developed.A Diversity,Equity,and Inclusion Plan will
be created for the City,capturing the actionable policy recommendations,articulating the City's
strategy in Diversity,Equity,and Inclusion,and providing key performance indicators.
Implementing the recommended policy actions and evaluating their effectiveness on
organizational environment are beyond the scope of the internal assessment due to time and data
constraints.It typically takes considerable time for policy proposals to be approved through a
political process,takes a few years for new policy initiatives to be fully implemented,and takes
another a few days to observe any positive and desirable policy outcomes.
With a clear understanding of the City's overall,current status and future directions in cultivating
and enhancing a culture of diversity,equity and inclusion,the internal assessment will then focus
on major functional units/departments regarding each department's status in development and
implementation of socially and economically equitable and sustainable policies.Five departments
will be selected,Human Resource,Purchasing and Procurement,Economic Development,Police,
and Park and Recreation.Similarly,benchmarking,identification of departmental unique
challenges and obstacles,recommendation and action plans,and departmental tailored Diversity,
Equity,and Inclusion Plans will be developed for each of the five functional areas and departments
of the City.
Two phases of training for the City's employees are also proposed.The Phase I training focuses on
fundamental principles,knowledge,tools,and best practices for developing diversity-focused,
equity-conscious,and culturally sensitive,competent and responsible public leaders.The Phase I
training will also emphasize cultivating and sustaining an organizational environment and climate
of diversity,equity and inclusion.The Phase II training will be based on the City-wide and
departmental specific assessments and recommended actionable plans and will familiarize City
employees with the proposed new policies and practices.Each proposed training will have hybrid
format consisting online,self-paced learning modules and one face-to-face meeting facilitating
interaction,discussion,and experiential learning.A face-to-face session will be planned and held
for no more than six business hours and for no more than 25 attendees to ensure effective
interactions.
Class evaluations regarding effectiveness of the instructors,training contents,and online and face-
to-face delivery formats will be carried out as a part of the proposed trainings. However,assessing
City employees'perceptual and behavioral changes and/or City's and departments'organizational
transformation is beyond the scope of the proposed internal assessment,due to the same time and
data constraints discussed earlier.
The research team will work closely with the FIU Office of Micro-Credentials and develop
corresponding digital badge(s).After successfully completing their trainings,all attendees will be
micro-credentialled in areas of diversity,equity,inclusion,or cultural competency and will each
receive a digital badge' as a representation of competencies gained through trainings.The digital
badge can be embedded in social media pages,e-mail signatures,and hardcopy resumes.The
specifics of the proposed digital badge(s)will be further discussed with the City and the Office of
Micro-Credentials,and are subject to relevant FIU policies and FIU review and approval timetables.
TOTAL AGREEMENT BUDGET:$163,800
1C
Proposed Budget
Phase I
Internal assessment I City-wide assessment, $30,000 plus 26% FIU
including national indirect cost
benchmarking,policy
recommendations and
action plans,and a City
Diversity, Equity,and
Inclusion Plan
Phase I training: Content development $15,000 plus 26% FIU
Fundamental,universal indirect cost
training for all City 20-25 face to face $15,000 plus 26% FIU
employees (800+ sessions expected in indirect cost
employees) addition to
asynchronous,self-
paced online learning
modules
Phase I Total $75,600
Phase II
Departmental assessment $30,000 ($6,000 each)
plus 26% FIU indirect
cost
Phase II training: Content development $25,000 ($5,000 each)
Departmental,tailored plus 26% FIU indirect
training cost
20-25 face to face $15,000 plus 26% FIU
sessions expected in indirect cost
addition to
asynchronous,self-
paced online learning
modules
Phase II Total $88,200
Proposed Total for $163,800
Internal Assessment
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