R21-043 1 RESOLUTION NO. R21-043
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
4 FLORIDA, AUTHORIZING THE CITY MANAGER TO SIGN A
5 PROFESSIONAL SERVICES AGREEMENT WITH COMMUNITY
6 GREENING CORP., OF DELRAY BEACH, FL AS A RESULT OF
7 RFP NO. 014-2821-21/KP FOR PROFESSIONAL COMMUNITY-
8 BASED TREE PLANTING PROGRAM SERVICES; AND
9 PROVIDING AN EFFECTIVE DATE.
10
11 WHEREAS,On March 10,2021,the RFP for Tree Planting Program services was
12 advertised in the Palm Beach Post and distributed to four(4)prospective suppliers; and
13 WHEREAS, on March 25, 2021 Procurement Services received and opened one
14 (1) proposal in response to the RFP, which was reviewed to ensure it met the RFP
15 requirements; and
16 WHEREAS,this RFP was issued to maintain good service and responsiveness for
17 plan review for residential and commercial applications, review Business Use
18 Certification for change in occupancy requirements,and inspection services for structures
19 in which permits have been issued by the City of Boynton Beach; and
20 WHEREAS,the Evaluation Committee was unanimous in their decision to make
21 a recommendation to the City Commission to approve and award the Agreement to the
22 number one ranked firm, Community Greening Corp.; and
23 WHEREAS, the City Commission of the City of Boynton Beach upon
24 recommendation of staff,deems it to be in the best interest of the citizens and residents to
25 approve the award of RFP No. 014-2821-21/KP for Professional Community-based Tree
26 Planting Program Services to Community Greening Corp.,and authorize the City Manager
27 to sign Professional Services Agreements for Professional Community-based Tree
28 Planting Services.
29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
30 OF THE CITY OF BOYNTON BEACH,FLORIDA,THAT:
31 Section 1. The foregoing"Whereas"clauses are hereby ratified and confirmed
S:\CA\RESO\Agreements\Award of RFP for Tree Planting Program Services-Reso.docx
1 as being true and correct and are hereby made a specific part of this Resolution upon
2 adoption.
3 Section 2. The City Commission of the City of Boynton Beach, Florida,
4 hereby approves the award of RFP No. 014-2821-21/KP for Professional Community-
5 based Tree Planting Program Services to Community Greening Corp., and authorize the
6 City Manager to sign Professional Services Agreements for Professional Community-
7 based Tree Planting Services. A copy of the Professional Services Agreement is attached
8 hereto and incorporated herein as Exhibit"A".
9 Section 3. That this Resolution shall become effective immediately.
10 PASSED AND ADOPTED this 4th day of May, 2021.
11 CITY OF BOYNTON BEACH,FLORIDA
12 YES NO
13
14 Mayor—Steven B. Grant �✓
15
16 Vice-Mayor—Ty Penserga ✓
17
18 Commissioner—Justin Katz
19
20 Commissioner—Woodrow L. Hay .171_
21
22 Commissioner—Christina L. Romelus
23
24 ATTEST: VOTE 5--�
25
26
27
28 ,
29 C tal Gibson, MMC
30 City Clerk
31
32
33 (Corporate Seal,
•
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PROFESSIONAL SERVICES AGREEMENT FOR
TREE PLANTING PROGRAM
THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as
"CITY", and Community Greening Corp., hereinafter referred to as "CONTRACTOR", in consideration
of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach
solicited proposals for a non-exclusive Contract to perform professional community-based tree planting
program services, and
WHEREAS, THE CITY issued a REQUEST FOR PROPOSALS FOR A TREE PLANTING
PROGRAM, RFP No. 014-2821-21/KP; and
WHEREAS, RFP No. 014-2821-21/KP defined Scope of Services for Tree Planting Program; and
WHEREAS, the CITY determined that CONTRACTOR was qualified for appointment to perform
the scope of services set forth in Request for Proposal; and
WHEREAS, the City Commission on MAY 4, 2021, determined that CONTRACTOR was qualified
for appointment to perform the scope of services set forth in the Request for Proposal; and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 - SERVICES
1.1 CONTRACTOR agrees to perform TREE PLANTING PROGRAM outlined in RFP No.
014-2821-21/KP and incorporated herein: Sections "RESPONSIBILITIES".
RESPONSIBILITIES
a. Promote the planting events and giveaways to encourage community awareness and
participation.
b. Coordinate event logistics and staff the events, including a certified arborist to educate
and manage volunteers.
c. Provide educational materials about tree planting, care, and benefits; and have a
certified arborist on site to answer attendees' questions.
d. Select tree species and locations in collaboration with City staff, and obtain written
approval of species and locations from the Project Manager prior to commencing any
planting.
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
e. Purchase and deliver a pre-determined number of trees of select species to the planting
location or events.
f. Furnish all labor, materials, equipment, and supervision to install trees.
g. Obtain approval for locates (Sunshine 811) before performing any tree installations.
h. Provide one year of tree maintenance, including distribution of water to the areas of
planting during a one-year establishment period after planting.
i. Periodically inspect trees under warranty and replace trees if needed under the terms of
warranty.
The CITY's Representative during the performance of this Contract shall be
Rebecca Harvey, Sustainability Coordinator telephone (561) 742-6494.
The CONTRACTOR'S Representative during the performance of the Contract shall be
Mark Cassini, Co-Director telephone 561-927-8733.
ARTICLE 2 -TERM
2.1 The initial Contract period shall be for an initial term of two (2)years, commencing on May
5, 2021. The City reserves the right to renew the contract for three (3) additional one (1)
year periods, under the same terms, conditions. The Services to be performed during the
initial two(2)year terms will be governed by this Agreement, and that there is no guarantee
of future work being given to the CONTRACTOR.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY's discretion), the CONTRACTOR shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time shall
this transitional period extend more than one-hundred and eighty (180) calendar days
beyond the expiration date of the existing contract. The CONTRACTOR will be
reimbursed for this service at the rate in effect when this transitional period clause was
invoked by the CITY.
ARTICLE 3 -TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to
the CONTRACTOR by way of a purchase order and delivered to CONTRACTOR.
CONTRACTOR shall perform all services and provide all work product required pursuant
to this Agreement within the time period set forth in the purchase order.
ARTICLE 4 - PAYMENT
4.1 The CONTRACTOR shall be paid by the City for completed work and for services
rendered under this agreement as follows:
a. Payment for the work provided by Professional shall be made promptly on all invoices
submitted to the City properly and in accordance with ATTACHMENT A - PRICE
PROPOSAL.
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
b. The CONTRACTOR may submit invoices to the City during the progress of the contract
term. Such invoices will be reviewed by the City, and upon approval thereof, payment will
be made to the CONTRACTOR in the amount approved.
c. Final payment of any balance due the CONTRACTOR of the total price earned will be
made promptly upon its ascertainment and verification by the City after the completion of
the work under this Agreement and its acceptance by the City.
d. Payment as provided in this section by the CITY shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. The CONTRACTOR's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the City and State for a period of three (3)
years after the termination of the Agreement. Copies shall be made available upon
request
ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONTRACTOR, all documents,
drawings, specifications and other materials produced by the CONTRACTOR in
connection with the services rendered under this agreement shall be the property of the
CITY whether the project for which they are made is executed or not. Notwithstanding the
foregoing, the CONTRACTOR shall maintain the rights to reuse standard details and other
design copies, including reproducible copies, of drawing and specifications for information,
reference and use in connection with CONTRACTOR's endeavors. Any use of the
documents for purposes other than as originally intended by this Agreement, without the
written consent of CONTRACTOR, shall be at the CITY's sole risk and without liability to
CONTRACTOR and CONTRACTOR'S sub-CONTRACTORS.
ARTICLE 6 - FUNDING
6.1 This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for
each fiscal year of this Agreement, and is subject to termination based on lack of funding.
ARTICLE 7 -WARRANTIES AND REPRESENTATIONS
7.1 CONTRACTOR represents and warrants to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign
qualified CONTRACTORs to all assigned projects during the term of this Agreement.
CONTRACTOR's services shall meet a standard of care for TREE PLANTING
SERVICES. In submitting its response to the RFP, CONTRACTOR has represented to
CITY that certain individuals employed by CONTRACTOR shall provide services to CITY
pursuant to this Agreement. CITY has relied upon such representations. Therefore,
CONTRACTOR shall not change the designated Project Manager for any project without
the advance written approval of the CITY, which consent may be withheld in the sole and
absolute discretion of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
8.1 CONTRACTOR shall, in performing the services contemplated by this service Agreement,
faithfully observe and comply with all federal, state and local laws, ordinances and
regulations that are applicable to the services to be rendered under this Agreement.
ARTICLE 9 - INDEMNIFICATION
9.1 CONTRACTOR shall indemnify and hold harmless the CITY, its offices, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorney's fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to
property occasioned by a negligent act, omission of the CONTRACTOR. Neither party to
this Agreement shall be liable to any third party claiming directly or through the other
respective party,for any special, incidental, indirect or consequential damages of any kind,
including but not limited to lost profits or use that my result from this Agreement or out of
the services or goods furnished hereunder.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract, CONTRACTOR shall maintain
the following insurance policies, and provide originals or certified copies of all policies, and
shall be written by an insurance company authorized to do business in Florida.
10.1.1 Worker's Compensation Insurance: The CONTRACTOR shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub-CONTRACTOR that does
not have their own Worker's Compensation and Employer's Liability Insurance.
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
10.1.2 Comprehensive General Liability: The CONTRACTOR shall procure and maintain
for the life of this Contract, Comprehensive General Liability Insurance. This
coverage shall be on an"Occurrence" basis. Coverage shall include Premises and
Operations; Independent CONTRACTORs, Products Completed Operations and
Contractual Liability with specific reference of Article 7, "Indemnification" of this
Agreement. This policy shall provide coverage for death, personal injury or
property damage that could arise directly or indirectly from the performance of this
Agreement. CONTRACTOR shall maintain a minimum coverage of$1,000,000 per
occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per
occurrence/aggregate for property damage. The general liability insurance shall
include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30) days prior written notice to the CITY.
10.1.3 Business Automobile Liability: The CONTRACTOR shall procure and maintain,for
the life of this Contract, Business Automobile Liability Insurance. The
CONTRACTOR shall maintain a minimum amount of$1,000,000 combined single
limit for bodily injury and property damage liability to protect the CONTRACTOR
from claims for damage for bodily and personal injury, including death, as well as
from claims for property damage, which may arise from the ownership, use of
maintenance of owned and non-owned automobile, included rented automobiles,
whether such operations be by the CONTRACTOR or by anyone directly or
indirectly employed by the CONTRACTOR.
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
10.1.4 Professional Liability(Errors and Omissions) Insurance: The CONTRACTOR shall
procure and maintain for the life of this Contract in the minimum amount of
$1,000,000 per occurrence.
10.2 It shall be the responsibility of the CONTRACTOR to ensure that all sub-CONTRACTORs
comply with the same insurance requirements referenced above.
10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the
CONTRACTOR of additional liability insurance coverage or coverage which is different in
kind, the CITY reserves the right to require the provision by CONTRACTOR of an amount
of coverage different from the amounts or kind previously required and shall afford written
notice of such change in requirements thirty (30) days prior to the date on which the
requirements shall take effect. Should the CONTRACTOR fail or refuse to satisfy the
requirement of changed coverage within the thirty (30) days following the CITY's written
notice, the CITY, at its sole option, may terminate the Contract upon written notice to the
CONTRACTOR, said termination taking effect on the date that the required change in
policy coverage would otherwise take effect.
10.4 CONTRACTOR shall, for a period of two (2) years following the termination of the
Agreement, maintain a "tail coverage" in an amount equal to that described above for
Comprehensive Liability Insurance on a claims-made policy only
ARTICLE 11 - INDEPENDENT CONTRACTOR
11.1 CONTRACTOR is an independent CONTRACTOR with respect to the services provided
pursuant to this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither
CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The
CITY shall not be responsible for withholding or otherwise deducting federal income tax
or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONTRACTOR, or any employee of
CONTRACTOR.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONTRACTOR warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONTRACTOR, to solicit
or secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONTRACTOR, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 13 —TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONTRACTOR shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
date of the Agreement and no higher than those charged the CONTRACTOR's most
favored customer for the same or substantially similar service.
13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY
determine that the rates and costs were increased due to inaccurate, incomplete, or non-
current wage rates or due to inaccurate representations of fees paid to outside
CONTRACTORs. The CITY shall exercise its rights under this "Certificate"within one (1)
year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The CONTRACTOR, with regard to the work performed by it under this Agreement, will
not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or
the presence of any physical or sensory handicap in the selection and retention of
employees or procurement of materials or supplies.
ARTICLE 15 -ASSIGNMENT
15.1 The CONTRACTOR shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
ARTICLE 16 - NON-WAIVER
16.1 A waiver by either CITY or CONTRACTOR of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other
or further breach. The making or acceptance of a payment by either party with knowledge
of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any subsequent default or breach.
ARTICLE 17—TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the other
party for such termination in which event the CONTRACTOR shall be paid its
compensation for services performed to termination date, including services reasonably
related to termination. In the event that the CONTRACTOR abandons the Agreement or
causes it to be terminated, CONTRACTOR shall indemnify the CITY against loss
pertaining to this termination.
ARTICLE 18 - DISPUTES
18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated
within the courts of Florida. Further, this Agreement shall be construed under Florida Law.
ARTICLE 19— UNCONTROLLABLE FORCES
19.1 Neither the CITY nor CONTRACTOR shall be considered to be in default of this
Agreement if delays in or failure of performance shall be due to Uncontrollable Forces,the
effect of which, by the exercise of reasonable diligence, the non-performing party could
not avoid. The term "Uncontrollable Forces" shall mean any event which results in the
prevention or delay of performance by a party of its obligations under this Agreement and
which is beyond the reasonable control of the non-performing party. It includes, but is not
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing continued performance of the obligations of this Agreement.
ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVerriere, City Manager
100 E. Ocean Avenue
Boynton Beach, FL 33435
Notices to CONTRACTOR shall be sent to the following address:
CONTRACTOR: Community Greening Corp
ADDRESS: 50 NW 1st Street
CITY/STATE/ZIP: Delray Beach, FL 33444
Attn: Mark Cassini
Tel: 561-927-8733
Email: mcassini(c�communitvdreenina.orq
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with the RFP/RFP and any addenda and/or attachments,
represents the entire and integrated agreement between the CITY and the
CONTRACTOR and supersedes all prior negotiations, representations, or agreements
written or oral. This Agreement may be amended only by written instrument signed by
both CITY and CONTRACTOR.
ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be emended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provision contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to insure CITY of the limitation from liability provided to the
State's subdivisions by state law.
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
22.2 In connection with any litigation or other proceeding arising out of the Agreement, each
party shall be entitled to recover its own costs and attorney fees through and including any
appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees,
however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend
CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as
amended.
1. Claims, disputes or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
2. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
ARTICLE 23— PUBLIC RECORDS
23.1 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 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 maintain in a secured manner 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 STATUES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6061
GIBSONC@BBFL.US
ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.473
24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott
of Israel. Proposer further certifies that Proposer 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 CONTRACTOR of the CITY's determination concerning the false certification.
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, 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 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.
ARTICLE 25— E-VERIFY
25.1 Contractor 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.
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
CONTRACTOR.
"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:
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
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-
CONTRACTORs/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 EVerify
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.
RFP No. 014-2821-21/KP TREE PLANTING PROGRAM
"This Agreement may be signed by the parties in counterparts which together shall constitute one and
the same agreement among the parties.A facsimile signature shall constitute an original signature for
all purposes.'
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF,the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
(1;r
DATED this day of , 2021.
CITY OF BOYNTON BEACH COMMUNI GREENING CORP.
C__-
0115-X1-12-A—c—a-
City
Manager CONTRACTOR
Attest/Authenticated:
Co —Pi r2C C.ro
Title
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City lerk
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Approved as to Fo �QYN'� Attest/Authenticated:
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Office of : Ci ttor�e�/I� Witness
RFP No 014-2821-2I/KP TREE PLANTING PROGRAM