R24-090 1 RESOLUTION NO. R24-090
2
3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON
4 BEACH, FLORIDA, APPROVING THE INTERLOCAL PARTICIPATION
5 AGREEMENT WITH THE NATIONAL PURCHASING COOPERATIVE AND
6 AUTHORIZING THE PURCHASE OF FIRE SAFETY GEAR EQUIPMENT IN
7 AN AMOUNT NOT TO EXCEED $56,255.04; PROVIDING AN EFFECTIVE
8 DATE; AND FOR ALL OTHER PURPOSES.
9
10 WHEREAS, the Local Government Purchasing Cooperative awarded Covert Armor
l l International, LLC, a Buy Board Contract based on the Proposal Invitation No. 698-23, Public
12 Safety and Firehouse Supplies and Equipment, effective for an initial one-year term of April 1,
13 2023, through March 31, 2024, with a two (2) one (1)-year renewal options; and
14 WHEREAS, the parties exercised their first renewal option and renewed the Buy Board
15 Contract through March 31, 2025; and
16 WHEREAS, the City's Purchasing Policy Section X- Alternatives to Formal Sealed Bids, .
17 provides authority for the City to acquire or contract for services without utilizing a sealed
18 competitive method or the written quotations methods where the desired services are the
19 subject of an agreement that utilizes another government entity's contract, provided that the
20 contract was awarded based strictly on competitive bidding; and
21 WHEREAS, the City's Fire Department desires to purchase 47 sets of Fire Safety Gear
22 Equipment, including bulletproof vests and helmets, at a discounted price of $56,255.04,
23 utilizing the Buy Board Contract pricing; and
24 WHEREAS, the City's Fire Department is requesting the City enter into an Interlocal
25 Participation Agreement with the National Purchasing Cooperative to purchase the Fire Safety
26 Gear Equipment; and
27
2R WHEREAS, the City Commission of the City of Boynton Beach, upon the
29 recommendation of staff, deems it in the best interest of the citizens and residents of the City
30 of Boynton Beach to approve the Interlocal Participation Agreement with the National
31 Purchasing Cooperative, and authorize the purchase of Fire Safety Gear Equipment in an
32 amount not to exceed $56,255.04.
33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
34 BOYNTON BEACH, FLORIDA, THAT:
35 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
36 being true and correct and are hereby made a specific part of this Resolution upon adoption
37 hereof.
3R SECTION 2. The City Commission of the City of Boynton Beach hereby approves the
39 Interlocal Participation Agreement with the National Purchasing Cooperative (the
40 "Agreement"), in form and substance similar to that attached as "Exhibit A."
41 SECTION 3. The City Commission of the City of Boynton Beach further approves the
42 purchase of Fire Safety Gear Equipment utilizing the Agreement in an amount not to exceed
43 $56,255.04.
44 SECTION 4. The City Commission of the City of Boynton Beach hereby authorizes
45 the City Manager to execute the Agreement and approve the issuance of a purchase order for
46 the Fire Safety Gear Equipment described herein. The City Manager is further authorized to
47 execute any ancillary documents required under the Agreement or necessary to accomplish
48 the purposes of the Agreement, including any term extensions as provided in the Agreement,
49 provided such documents do not modify the financial terms/material terms.
50 SECTION 5. All original Agreements shall be forwarded to Kristeena Pinto,
51 Procurement Official, to obtain execution of the Agreement by the National Purchasing
52 Cooperative. Kristeena Pinto, Procurement Official, shall be responsible for ensuring that one
53 fully-executed Agreement is returned to the City, to be provided to the City Clerk's office for
54 retention as a public record.
55 SECTION 6. This Resolution shall take effect as provided by law.
56 PASSED AND ADOPTED this 7th day of May 2024.
57 CITY OF BOYNTON BEACH, FLORIDA
58 YES NO
59
60 Mayor-Ty Penserga
61 /
62 Vice-Mayor-Aimee Kelley
63 /
64 Commissioner-Angela Cruz
65
66 Commissioner-Woodrow L. Hay
67
68 Commissioner-Thomas Turkin
69
70 VOTE 5--O
71 ATT- :
72
73
74 j
75 Maylee De - us, MPA, k- MC Ty P
76 City Clerk Mayor
77
78r=O0TD .�\ APPROVED AS TO FORM:
79 (Corporate Seal) %��o�Q0RATF•.
81SE � � lfl�lll Q.,(4
V•
82 • �1NCO• 20E•D: ; Shawna G. Lamb
83 to .19 ' City Attorney
841�`... FLOR��P"
b� R P.O.Box
800695400,29Austin19buyboard
,Texas 78767
Board • .com
• •
NATIONAL PURCHASING COOPERATIVE
INTERLOCAL PARTICIPATION AGREEMENT
This Interlocal Participation Agreement ("Agreement") is made and entered into on the date indicated
below by and between the National Purchasing Cooperative ("Cooperative"), an administrative agency of
cooperating local governments and other governmental entities,acting on its own behalf and the behalf of all
participating governmental entities, and the undersigned governmental entity("Cooperative Member").
I. RECITALS
WHEREAS, the National Purchasing Cooperative was formed on May 26, 2010, by certain local
governments that entered into an Organizational Interlocal Agreement; and
WHEREAS, the purpose of the Cooperative is to facilitate compliance with state procurement
requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the
governmental purchasing function, and to realize potential economies of scale, including administrative cost
savings, for Cooperative Members;
NOW THEREFORE, in consideration of the mutual covenants, promises and obligations contained
herein, the undersigned Cooperative Member and the Cooperative agree as follows:
II. TERMS AND CONDITIONS
1. Adopt Organizational Interlocal Cooperation Agreement. The Cooperative Member by the
execution or acceptance of this Agreement hereby adopts and approves the Organizational Interlocal
Agreement,as last amended and restated,which agreement is incorporated herein by reference(and is available
from the Cooperative upon request). The Organizational Interlocal Agreement establishes the Cooperative as
an administrative agency of its collective participants,and Cooperative Member agrees to become a participant
or additional party to the Organizational Interlocal Agreement.
2. Term.The initial term of this Agreement shall commence on the date it is executed by both parties and
shall automatically renew for successive one-year terms unless sooner terminated in accordance with the
provisions of this Agreement. If the Cooperative Member is an existing Cooperative Member that joined the
Cooperative by executing a participation agreement which authorized amendment upon the Cooperative
providing prior written notice,then this Agreement will be deemed an Amendment by Notice,effective on the
61' day that the Cooperative Member is sent notice of this Agreement. In addition, this Agreement will
continue to automatically renew for successive one-year terms on the anniversary date of the Cooperative
Member's initial term(not the effective date of the amendment),unless the Agreement is sooner terminated in
accordance with the provisions herein.
(Revised by the Cooperative Board of Trustees on August 9,2023.) Page 1 of 7
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Board P.O. Box 400. • ,Texas 78767
800.695.2919919•buyboard.corn.com
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3. Termination.
(a) By the Cooperative Member. This Agreement may be terminated by the Cooperative
Member at any time by 30 days prior written notice to the Cooperative as provided in Article III, Section 14,
provided any amounts owed to any vendor have been fully paid.
(b) By the Cooperative.The Cooperative may terminate this Agreement by:
(1) Giving 10 days notice as provided in Article III,Section 14,to the Cooperative Member
if the Cooperative Member breaches this Agreement;or
(2) Giving 30 days notice as provided in Article III,Section 14,to the Cooperative Member
with or without cause.
(c) Termination Procedure.If the Cooperative Member terminates its participation under this
Agreement or breaches this Agreement, or if the Cooperative terminates participation of the Cooperative
Member,the Cooperative Member shall bear the full financial responsibility for all of its purchases made from
vendors under or through this Agreement.The Cooperative may seek the whole amount due, if any, from the
terminated Cooperative Member. In addition, the Cooperative Member agrees it will not be entitled to any
distribution which may occur after the Cooperative Member terminates from the Cooperative.
4. Payments by Cooperative Member. The Cooperative Member will make timely payments to the
vendor for the goods, materials and services received in accordance with the terms and conditions of the bid
invitation, instructions, and all other applicable procurement documents. Payment for goods, materials and
services and inspections and acceptance of goods,materials and services ordered by the procuring Cooperative
Member shall be the exclusive obligation of the procuring Cooperative Member, and not the Cooperative.
Furthermore,the Cooperative Member is solely responsible for negotiating and securing ancillary agreements
from the vendor on such other terms and conditions,including provisions relating to insurance or bonding,that
the Cooperative Member deems necessary or desirable under federal,state or local law,local policy or rule,or
within its business judgment.
5. Payments by Vendors. The parties agree that the Cooperative will require payment from vendors
which are selected to provide goods,materials or services to Cooperative Members. Such payment (hereafter
"Vendor Fees") may be up to two percent (2%) of the purchase price paid by Cooperative Members or a flat
fee amount that may be set from time to time by the Cooperative Board of Directors. Cooperative Member
agrees that these Vendor Fees fairly compensate the Cooperative for the services and functions performed
under this Agreement and that these Vendor Fees enable the Cooperative to pay the administrative, licensing,
marketing, and other expenses involved in successfully operating a program of electronic commerce for the
Cooperative Members. Further,Cooperative Member affirmatively disclaims any rights to such Vendor Fees,
acknowledging all such fees are the property of the Cooperative. Similarly, in no event shall a Cooperative
Member be responsible for payment of Vendor Fees.
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6. Distribution. From time to time,and at the sole discretion of the Cooperative Board of Directors,the
Cooperative may issue a distribution to Cooperative Members under a plan developed by the Cooperative
Board of Directors. The Cooperative Member acknowledges that a distribution is never guaranteed and will
depend on the overall financial condition of the Cooperative at the time of the distribution and the purchases
made by the Cooperative Member.
7. Administration. The Cooperative may enter into contracts with others, including non-profit
associations, for the administration, operation and sponsorship of the purchasing program provided through
this Agreement. The Cooperative will provide reports, at least annually, to the Cooperative Member
electronically or by mail.Cooperative Member will report purchase orders generated under this Agreement to
the Cooperative or its designee, in accordance with instructions of the Cooperative.
8. BuyBoard®. Cooperative Member will have a non-exclusive license to use the BuyBoard electronic
purchasing application during the term of this Agreement.Cooperative Member acknowledges and agrees that
the BuyBoard electronic application and BuyBoard trade name are owned by the Texas Association of School
Boards, Inc. ("TASB"), and that neither the Cooperative nor the Cooperative Member has any proprietary
rights in the BuyBoard electronic application or trade name. The Cooperative Member will not attempt to
resell, rent, or otherwise distribute any part of BuyBoard to any other party; nor will it attempt to modify the
BuyBoard programs on the server or acquire the programming code.The Cooperative Member may not attempt
to modify, adapt, translate, distribute, reverse engineer, decompile, or disassemble any component of the
application.The Cooperative Member will use BuyBoard in accordance with instructions from the Cooperative
(or its designee)and will discontinue use upon termination of participation in the Cooperative.The Cooperative
Member will maintain equipment, software and conduct testing to operate the BuyBoard system at its own
expense.
III. GENERAL PROVISIONS
1. Amendment by Notice. The Board may amend this Agreement, provided that prior written notice is
sent to the Cooperative Member at least 60 days prior to the effective date of any change described in such
amendment and provided that the Cooperative Member does not terminate its participation in the Cooperative
before the expiration of said 60 days.
2. Authorization to Participate and Compliance with Local Policies. Each Cooperative Member
represents that its governing body has duly authorized its participation in the Cooperative and that the
Cooperative Member will comply with all state and local laws and policies pertaining to purchasing of goods
and services through its membership in the Cooperative.
3. Bylaws. The Cooperative Member agrees to abide by the Bylaws of the Cooperative, as they may be
amended, and any and all written policies and procedures established by the Cooperative that apply to
Cooperative Members. The Cooperative shall provide written notice to the Cooperative Member of any
amendment to the Bylaws of the Cooperative and any written policy or procedure of the Cooperative that is
intended to be binding on and applicable to the Cooperative Member. In addition to any other notice method
specified in this Agreement,notice under this Section may be satisfied by posting of the applicable bylaws,
(Revised by the Cooperative Board of Trustees on August 9, 2023.) Page 3 of 7
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* P.O. Box 400,Austin,Texas 78787
Board 800.895.2919•buyboard.com
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policy, or procedure on the Cooperative's website or BuyBoard application landing page for Cooperative
Members.
4. Cooperation and Access. The Cooperative Member agrees that it will cooperate in compliance with
any reasonable requests for information and/or records made by the Cooperative. The Cooperative reserves
the right to review and audit the relevant and available records of any Cooperative Member.Any breach of this
provision shall be considered material and shall make the Agreement subject to termination on 10 days written
notice to the Cooperative Member.
5. Coordinator. The Cooperative Member agrees to appoint a program coordinator who shall have
express authority to represent and bind the Cooperative Member,and the Cooperative will not be required to
contact any other individual regarding program matters.Any notice to or any agreements with the coordinator
shall be binding upon the Cooperative Member. The Cooperative Member reserves the right to change the
coordinator as needed by giving written notice to the Cooperative. Such notice is not effective until actually
received by the Cooperative.
6. Current Revenue. The Cooperative Member hereby represents that all payments, fees, and
disbursements required of it hereunder shall be made from current revenues budgeted and available to the
Cooperative Member.
7. Defense and Prosecution of Claims. The Cooperative Member authorizes the Cooperative to handle
the commencement,defense,intervention,or participation in a judicial,administrative,or other governmental
proceeding or in an arbitration, mediation, or any other form of alternative dispute resolution, or other
appearances of the Cooperative(as an entity)in any litigation,claim or dispute which arises from the services
provided by the Cooperative. Neither this provision nor any other provision in this Agreement will create a
legal duty for the Cooperative to provide a defense or prosecute a claim;rather,the Cooperative may exercise
this right in its sole discretion and to the extent permitted or authorized by law.The Cooperative Member shall
reasonably cooperate and supply any information necessary or helpful in such prosecution or defense. Subject
to specific revocation, the Cooperative Member hereby designates the Cooperative to act as a class
representative on its behalf in matters arising out of this Agreement and pertaining to the collective or
predominant interest of Cooperative Members. Nothing herein grants the Cooperative any rights to file,
defend,or settle any claim on behalf of the Cooperative Member in its individual capacity.
8. Governance. The Board of Directors (Board) will govern the Cooperative in accordance with the
Bylaws.
9. Legal Authority. The Cooperative Member represents to the Cooperative the following:
a) The Cooperative Member has conferred with legal counsel and determined it is duly authorized
by the laws of the jurisdiction in which the Cooperative Member lies to participate in cooperative purchasing,
and specifically,the National Purchasing Cooperative.
b) The Cooperative Member possesses the legal authority to enter into this Agreement and can
allow this Agreement to automatically renew without subsequent action of its governing body.
c) Purchases made under this Agreement will satisfy all procedural procurement requirements that
the Cooperative Member must meet under all applicable local policy,regulation,or state law.
(Revised by the Cooperative Board of Trustees on August 9,2023.) Page 4 of 7
Board°' P.O. Box 400,Austin,Texas 78767
800.695.2919• buyboard.com
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d) All requirements—local or state–for a third party to approve,record or authorize the Agreement
have been met.
10. Disclaimer. THE COOPERATIVE, ITS ENDORSERS, SPONSORS, AND SERVICING
CONTRACTORS, WHETHER CURRENT OR FORMER AND INCLUDING TASB, ("COOPERATIVE
AND ASSOCIATES") DO NOT WARRANT THAT THE OPERATION OR USE OF COOPERATIVE
SERVICES WILL BE UNINTERRUPTED OR ERROR FREE.
THE COOPERATIVE AND ASSOCIATES HEREBY DISCLAIM ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED,IN REGARD TO ANY INFORMATION,PRODUCT OR SERVICE FURNISHED
UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
11. Limitation of Liability.To the extent permitted by law and without waiver of the disclaimer or other
limitation of liability in this Agreement, the parties agree that:
a) Neither party waives any immunity from liability afforded under law;
b) In regard to any lawsuit or formal adjudication arising out of or relating to this Agreement,
neither party shall be liable to the other under any circumstance for special, incidental, consequential, or
exemplary damages;
c) The maximum amount of damages recoverable will be limited to the amount of fees which the
Cooperative received as a direct result of the Cooperative Member's purchase activity, within 12 months of
when the lawsuit or action was filed; and
d) In the event of a lawsuit or formal adjudication the prevailing party will be entitled to recover
reasonable attorney's fees.
Without waiver of the disclaimer or other limitation of liability in this Agreement, the parties further agree to
limit the liability of Cooperative and Associates up to the maximum amount each received from or through the
Cooperative,as a direct result of the undersigned Cooperative Member's purchase activity, within 12 months
of the filing of any lawsuit or action.
12. Limitation of Rights. Except as otherwise expressly provided in this Agreement, nothing in this
Agreement is intended to confer upon any person,other than the parties hereto,any benefits,rights,or remedies
under or by reason of this Agreement.
13. Merger/Entirety. This Agreement, together with the Cooperative's Bylaws and Organizational
Interlocal Agreement, as amended and restated,represents the complete understanding of the Cooperative and
Cooperative Member. To the extent there exists any conflict between the terms of this Agreement and that of
prior agreements, the terms of this Agreement shall control and take precedence over all prior participation
agreements.
14. Notice. Any written notice to the Cooperative may be given by email to BuyBoard Administrator at
membership@buyboard.com; by U.S. mail, postage prepaid, and delivered to the National Purchasing
Cooperative, P.O. Box 400, Austin, Texas 78767-0400; by overnight courier or hand delivery to National
Purchasing Cooperative, 12007 Research Blvd.,Austin, Texas 78759;or by other mode of delivery typically
(Revised by the Cooperative Board of Trustees on August 9, 2023.) Page 5 of 7
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� P.O. Box 400,Austin,Texas 78767
Board 840.695.2919• buyboard.com
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used in commerce and accessible to the intended recipient. Notices to Cooperative Member may be given by
email to the Cooperative Member's Coordinator or other email address of record provided by the Cooperative
Member; by U.S. mail, postage prepaid, and delivered to the Cooperative Member's Coordinator or chief
executive officer (e.g., superintendent, city manager, county judge or mayor); or by other mode of delivery
typically used in commerce and accessible to the intended recipient.
15. Severability. If any portion of this Agreement shall be declared illegal or held unenforceable for any
reason,the remaining portions shall continue in full force and effect.
16. Signatures/Counterparts. The failure of a party to provide an original, manually executed signature
to the other party will not affect the validity, enforceability or binding effect of this Agreement because either
party may rely upon an electronic or facsimile signature as if it were an original, including any Cooperative
Member signature executed by click and accept or similar electronic signature and acceptance. Furthermore,
this Agreement may be executed in several separate counterparts, each of which shall be an original and all of
which shall constitute one and the same instrument.
17. Authority.By the execution and delivery of this Agreement,the undersigned individual represents that
the individual is duly authorized by all requisite administrative action required to enter into and bind the entity
that is a party to this Agreement.
[Signature page follows.]
(Revised by the Cooperative Board of Trustees on August 9,2023.) Page 6 of 7
Puy BoardP.O. Box 400,Austin,Texas 78767
800.695.2919•buyboard.com
•
WHEREFORE,the parties, acting through their duly authorized representatives, accept this Agreement.
NATIONAL PURCHASING COOPERATIVE:
By: Date:
Dan Troxell, Ph.D.
Assistant Secretary
COOPERATIVE MEMBER:
[Signature required unless accepted as an Amendment by Notice as described in the Agreement.]
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(Gov ent Entity ame)
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(Revised by the Cooperative Board of Trustees on August 9, 2023.) Page 7 of 7
ADDENDUM
ADDITIONAL TERMS
PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from
public records disclosure until thirty(30)days after the opening of the Bid unless the City announces
intent to award sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply
with Florida's Public Records Law. Specifically, the Contractor 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, Fla. Stat. 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 contract, Contractor shall destroy all copies of such
confidential and exempt records remaining in its possession once the Contractor transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all
public records in Contractor's possession All records stored electronically by Contractor must be
provided to the CITY, upon request from the CITY's custodian of public records, in a format that is
compatible with the information technology systems of the CITY.
E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CITY CLERK
100 E. OCEAN AVE.
BOYNTON BEACH, FL, 33435
561-742-6060
CITYCLERKa(�BBFL.US
SCRUTINIZED COMPANIES: --287.135 AND 215.473
By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of
Israel. The contractor further certifies that Contractor 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, or has Contractor 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. Submitting a false
certification shall be deemed a material breach of contract. The City shall provide notice, in writing,to the
Contractor of the City's determination concerning the false certification. The contractor shall have five(5)
days from receipt of notice to refute the false certification allegation. If such false certification is
discovered during the active contract term, the Contractor shall have ninety(90)days following receipt of
the notice to respond in writing and demonstrate that the determination of false certification was made in
error. If the Contractor 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 amended from time to time.
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.
SOVEREIGN IMMUNITY: Nothing contained herein is intended to serve as a waiver of sovereign immunity by
the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign
immunity or under Section 768.28, Florida Statutes.
CONFLICTS: If there is a conflict or inconsistency between any term, statement, requirement or provision of the
Services Agreement, Exhibits, other documents incorporated into the Services Agreement and this Addendum, the
terms of this Addendum Additional Terms shall be controlling.
E-VERIFY: Contractor 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.
1) Definitions for this Section:
"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.
"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.
"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.
2) Registration Requirement; Termination:
Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, 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:
a. All persons employed by a Contractor to perform employment duties within Florida during
the term of the contract; and
b. All persons (including sub-vendors/sub-consultants/sub-contractors)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
c. 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.
PROHIBITED TELECOMMUNICATIONS EQUIPMENT: Vendor represents and certifies that Vendor and all
subcontractors do not use any equipment, system, or service that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of any system, as
such terms are used in 48 CFR§§ 52.204-24 through 52.204-26. Vendor represents and certifies that Vendor and all
subcontractors shall not provide or use such covered telecommunications equipment, system, or services during the
duration of the term of the Agreement.
ENTITIES OF FOREIGN CONCERN: The provisions of this section apply only if Vendor or any subcontractor will
have access to an individual's personal identifying information under this Agreement. Vendor represents and certifies:
(i)Vendor is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of
concern does not have a controlling interest in Vendor; and (iii)Vendor is not organized under the laws of and does
not have its principal place of business in, a foreign country of concern. On or before the effective date of this
Amendment, Vendor and any subcontractor that will have access to personal identifying information shall submit to
City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet
any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is
included in the requirements of a proper invoice for purposes of payment. Terms used in this section that are not
otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida
Statutes.