R21-049 1 RESOLUTION NO. R21-049
2 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
3 FLORIDA, APPROVING AND AUTHORIZING THE CITY
4 MANAGER TO SIGN A FIRST AMENDMENT TO THE
5 INTERLOCAL AGREEMENT BETWEEN THE CITY OF
6 BOYNTON BEACH AND FLORIDA INTERNATIONAL
7 UNIVERSITY FOR THE RACIAL AND SOCIAL EQUITY
8 COMPREHENSIVE COMMUNITY NEEDS ASSESSMENT AND
9 DETAILED POLICY RECOMMENDATIONS; AND PROVIDING
10 AN EFFECTIVE DATE.
11 WHEREAS, in July 2020,the Boynton Beach City Commission approved the creation
12 of a Task Force to address racial and social equity in the City focused on healthcare, education,
13 housing,public safety, economic opportunity, and internal operations; and
14 WHEREAS, on September 21, 2020, the City entered into an Interlocal Agreement with
15 Florida International University to provide for a Racial and Social Equity Comprehensive Community
16 Needs Assessment and detailed policy recommendations, which naturally expired on March 21, 2021;
17 and; and
18 WHEREAS, this amendment to the Agreement will add language that extends the
19 Agreement from six months to one year and specifies that the City may seek reimbursement,
20 up to an amount not to exceed $60,000, if either the City or FIU receives grant funding in
21 furtherance of the project; and
22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the
23 recommendation of staff,deems it to be in the best interests of the City residents to approve and
24 authorize the City Manager to sign a First Amendment to the Interlocal Agreement between the
25 City of Boynton Beach and Florida International University for the Racial and Social Equity
26 Comprehensive Community Needs Assessment and detailed Policy Recommendations.
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27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
28 THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
29 Section 1. Each Whereas clause set forth above is true and correct and incorporated
30 herein by this reference.
31 Section 2. The City Commission of the City of Boynton Beach,Florida does hereby
32 approve and authorize the City Manager to sign a First Amendment to the Interlocal Agreement
33 between the City of Boynton Beach and Florida International University for the Racial and
34 Social Equity Comprehensive Community Needs Assessment and detailed Policy
35 Recommendations, a copy of the First Amendment to the Interlocal Agreement is attached
36 hereto as Exhibit"A".
37 Section 3. That this Resolution shall become effective immediately upon passage.
38 PASSED AND ADOPTED this 18th day of May, 2021.
39 CITY OF BOYNTON BEACH, FLORIDA
40 YES NO
41
42 Mayor—Steven B. Grant c✓
43
44 Vice Mayor—Woodrow L. Hay ✓
45
46 Commissioner—Justin Katz ✓
47
48 Commissioner—Christina L. Romelus
49
50 Commissioner—Ty Penserga
51
52 VOTE
53 ATTEST:
54 /, I:a "!
55 4 . ; ..
56 C tal Gibson, MMC
57 City Clerk
58
59 (Corporate Seal)
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R21-049
FIRST AMENDMENT TO INTERLOCAL AGREEMENT
THIS FIRST AMENDMENT, made and entered into this QL-N4th day of
AN, , 2021 , by and between the City of Boynton Beach ("City"), a Florida
munici al corporation, hereinafter called the City and the Florida International University
Board of Trustees, a public body corporate (hereinafter called the University or FIU). City
and FIU may be collectively referred to herein as "Parties" or individually as a "Party".
WITNESSETH
WHEREAS, 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; and,
WHEREAS, 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; and,
WHEREAS, on September 21, 2020, the City entered into a Interlocal Agreement with
Florida International University to provide for a Racial and Social Equity Comprehensive
Community Needs Assessment and detailed policy recommendations, which naturally
expired on March 21, 2021 ; and,
WHEREAS, to date the Parties have been satisfied with the performance and
execution of the Interlocal Agreement and desire to revise the term of the Interlocal
Agreement and supplement the terms of their contractual relationship as set forth in this First
Amendment to Interlocal Agreement ("First Amendment") herein.
NOW, THEREFORE, for and in consideration of the sum of the mutual covenants and
other good and valuable consideration, the receipt of which are hereby acknowledged, the
Parties hereto agree to amend the Interlocal Agreement as follows:
1. RECITALS. Each "WHEREAS" clause set forth above is true and correct and
incorporated herein by this reference.
2. Language contained in this First Amendment that appears in shall be
deletions from the terms of the Interlocal Agreement and language in underlined type
shall be additions to the terms of the Interlocal Agreement.
3. ORIGINAL AGREEMENT. All of the terms and conditions of the Interlocal Agreement
shall be binding and remain in full force and effect except as expressly amended
hereinabove.
4. AMENDING ARTICLE 3.00. The Parties hereto agree Article 3.00 of the Interlocal
Agreement is amended as follows:
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"The term of this Agreement will terminate Six (6) months one (1) year from
the effective date of this Agreement. The Parties may amend the term in a
written amendment signed by the Parties hereto. The Comprehensive
Community Needs Assessment task shall not commence until grant funding is
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5. AMEDNING ARTICLE 10.00. The Parties hereto agree Article 10.00 of the Interlocal
Agreement is amended as follows:
"Upon execution of this Agreement, the City will provide to FIU its project
contribution of twenty thousand dollars and 00/100 dollars ($20,000), the
remainder of the agreement will be funded through grant funding in
accordance with Article 3.00. Grant funding pursued by the City will fund the
remaining balance associated with the project; upon execution of the First
Amendment to Interlocal Agreement, the City will provide the remaining
balance of one hundred five thousand dollars and 00/100 ($105,000) to FIU in
separate installment payments agreeable to FIU. Notwithstanding the forgoing,
should FIU subsequently receive grant funding in furtherance of the project
herein described then FIU agrees that FIU will reduce City's payment
obligation hereunder and/or reimburse City up to an amount not to exceed sixty
thousand dollars and 00/100 ($60,000), in accordance with the amounts
awarded by external sponsor(s) in said grants.
6. E-VERIFY. FIU certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statues, as may be amended from time to time and briefly described herein
below.
a. Definitions for this Section.
i. "Contractor" means a person or entity that has entered or is attempting to
enter into a contract with a public employer to provide labor, supplies, or
services to such employer in exchange for salary, wages, or other
remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
ii. "Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for
salary, wages, or other remuneration.
iii. "E-Verify system" means an Internet-based system operated by the
United States Department of Homeland Security that allows participating
employers to electronically verify the employment eligibility of newly hired
employees.
b. Registration Requirement; Termination.
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021,
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Contractors, shall register with and use the E-verify system in order to verify the
work authorization status of all newly hired employees. Contractor shall register
for and utilize the U.S. Department of Homeland Security's E-Verify System to
verify the employment eligibility of:
i. All persons employed by a Contractor to perform employment duties
within Florida during the term of the contract;
ii. All persons (including subvendors/subconsultants/subcontractors)
assigned by Contractor to perform work pursuant to the contract with the
City of Boynton Beach. The Contractor acknowledges and agrees that
registration and use of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a condition of the contract
with the City of Boynton Beach; and
iii. The Contractor shall comply with the provisions of Section 448.095, Fla.
Stat., "Employment Eligibility," as amended from time to time. This
includes, but is not limited to registration and utilization of the E-Verify
System to verify the work authorization status of all newly hired
employees. Contractor shall also require all subcontractors to provide an
affidavit attesting that the subcontractor does not employ, contract with,
or subcontract with, an unauthorized alien. The Contractor shall maintain
a copy of such affidavit for the duration of the contract. Failure to comply
will lead to termination of this Contract, or if a subcontractor knowingly
violates the statute, the subcontract must be terminated immediately. Any
challenge to termination under this provision must be filed in the Circuit
Court no later than twenty (20) calendar days after the date of termination.
Termination of this Contract under this Section is not a breach of contract
and may not be considered as such. If this contract is terminated for a
violation of the statute by the Contractor, the Contractor may not be
awarded a public contract for a period of one (1) year after the date of
termination.
7. SCRUTINIZED COMPANIES. By execution of this First Amendment, FIU certifies that it
is not participating in a boycott of Israel. FIU further certifies that it is not on the
Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with
Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, nor has FIU been engaged in business operations in Syria.
Subject to limited exceptions provided in state law, the City will not contract for the
provision of goods or services with any scrutinized company referred to above. Failure
to comply shall be deemed a material breach of contract. The City shall provide notice,
in writing, to FIU of the City's determination of failure to comply. FIU shall have five (5)
days from receipt of notice to refute such allegation. If such false certification is
discovered during the active contract term, FIU shall have ninety (90) days following
receipt of the notice to respond. If FIU does not demonstrate that the City's determination
of false certification was made in error then the City shall have the right to terminate the
contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as
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amended from time to time.
8. PUBILC RECORDS. The City is public agency subject to Chapter 119, Florida
Statutes. As a Florida public university, FIU is also subject to Chapter 119, Florida Statutes
and FIU shall comply with Florida's Public Records Law. Specifically, FIU shall:
a. Keep and maintain public records required by the City to perform the service;
b. Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied within
a reasonable time at a cost that does not exceed the cost provided in Chapter
119, Florida Statutes, or as otherwise provided by law;
c. Ensure that public records that are exempt or that are confidential and exempt
from public record disclosure requirements are not disclosed except as authorized
by law for the duration of the contract term and, following completion of the
Agreement, FIU shall maintain all public records as required by Florida law; and
d. Upon completion of the Agreement, FIU shall maintain or destroy all public records
as required by Florida law.
e. The failure of FIU to comply with the provisions set forth in the Agreement shall
constitute a Default and Breach of the Agreement, for which, the City may
terminate the Agreement.
IF FIU HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO FIU'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT:
CRYSTAL GIBSON, CITY CLERK
PO BOX 310, BOYNTON BEACH, FLORIDA, 33425
561-742-6061
GIBSONC@BBFL.US
9. CONFLICT. In the event of any conflict or ambiguity by and between the terms and
provisions of the Interlocal Agreement and this First Amendment, the terms and
provisions herein shall control to the extent of any such conflict or ambiguity.
7. EXHIBITS. Each Exhibit referred to in the Interlocal Agreement, and referred to herein,
forms an essential part of this Agreement. The exhibits, if not physically attached, should
be treated as part of this Agreement and are incorporated herein by reference.
8. ENTIRE AGREEMENT. The Interlocal Agreement and this First Amendment, and any
subsequent amendments signed by the Parties hereto shall constitute the entire
{004380552 306-9001821} 4
understanding of the Parties.
IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the
day and year first written above.
CITY:
City of Boynton Beach, FL
ATTEST:
'Y: 01799.A.A.
LORI LAVERRIERE
/Aerd . __ �, F.2 u CITY MANAGER
C' YSTAL GI: ON, 4,Q
CITY CLERK °.c.
E?o'y
APPRO DA,)kS TyOR
OFFICE OF THE CI '0'ATTORNEY
FLORIDA INTERNATIONAL UNIVERSITY
BOARD OF TRUSTEES:
J Digitally signed by Roberto M.Gutierrez,
(RB) <74 �� 4;;,
AssistantVicePresidentforResearch
BY: r'' . Date:2027.05.04102925-04'00'
NAME: Roberto M. Gutierrez
TITLE: Assistant Vice President for Research
DATE: 4-May-2021
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