R23-060 1 RESOLUTION NO. R23-060
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN
5 AMENDMENTS WITH THE ELEVEN (11) CONSULTANTS AS A
6 RESULT OF RFQ NO. 046-2821-17/TP FOR GENERAL
7 CONSULTING SERVICES, AND APPROVE AN EXTENSION OF NO
8 MORE THAN 180 DAYS WITH EACH CONSULTANT OR UNTIL
9 NEW RFQ IS EXECUTED WHICHEVER IS LESS; AND PROVIDING
10 AN EFFECTIVE DATE.
11
12 WHEREAS, on August 7, 2018, City Commission approved and authorized the City
13 Manager to sign individual agreements with eleven (11) awarded Consultants resulting from
14 RFQ No. 046-2821-17/TP for General Consulting Services for the five (5) scope categories;
15 and
16 WHEREAS, as of July 1, 2020, Florida Statutes 287.055 known as the "Consultants'
17 Competitive Negotiation Act", was amended increasing the maximum contract value for
18 continuing contracts from $200,000 to $500,000 and maximum construction costs from $2
19 million to $4 million dollars; and
20 WHEREAS, The City and the Consultants desire to amend language incorporated into
21 this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with Florida Statutes
22 287.055, as to the maximum contract values for study activity and construction costs for
23 continuing contracts; and
24 WHEREAS, City staff is also recommending to extend these agreements, no more than
25 180 days (February 16, 2024), or until the new solicitation is awarded, whichever is less; and
26 WHEREAS, the City Commission has determined that it is in the best interests of the
27 residents of the City to approve and authorize the City Manager to sign Amendments with
28 the Eleven (11) Consultants as a result of RFQ No. 046-2821-17/TP for General Consulting
29 Services, and approve an extension of no more than 180 days with each Consultant or until
30 new RFQ is executed whichever is less.
31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
32 BOYNTON BEACH, FLORIDA, THAT:
S:\CA\RESO\Agreements\Approve Amendment To General Consulting Services Agreements(1 I)-Reso.Docx
33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
34 being true and correct and are hereby made a specific part of this Resolution upon adoption
35 hereof.
36 Section 2. The City Commission hereby approves and authorizes the City
37 Manager to sign Amendments with the Eleven (11) Consultants as a result of RFQ No. 046-
38 2821-17/TP for General Consulting Services, and approve an extension of no more than 180
39 days with each Consultant or until new RFQ is executed whichever is less. A copy of each
40 Amendment is attached hereto and incorporated herein by reference as Exhibits "A-K".
41 Section 3. This Resolution shall become effective immediately upon passage.
42 PASSED AND ADOPTED this 16th day of May, 2023.
43 CITY OF BOYNTON BEACH, FLORIDA
44
45 YES NO
46
47 Mayor—Ty Penserga ✓
48
49 Vice Mayor—Thomas Turkin ✓
50
51 Commissioner—Angela Cruz
52
53 Commissioner—Woodrow L. Hay ✓
54
55 Commissioner—Aimee Kelley ✓
56
57 VOTE n-LJ
58
59 ATT
60 11 /
61 .. !4, ,• -./010""
62 Maylee l e Je. s, MPA, M Ty Pens• •a
63 City Clerk May.,
64 j QF��OPO.. `1,
65 ; oo 6''9rF••6'c� A'PR ED AS To O'
~•
66 (Corporate Seal) , � SEAL°
67 i SINCORPORATED; �
68 'el
1920
69 �� ••••••.•••••••••• Michael D. Cirullo,Jr.
70 ��FCORIDP== City Attorney
S:\CA\RESO\Agreements\Approve Amendment To General Consulting Services Agreements(1 I)-Reso.Docx
( �
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
I
THIS FIRST AMENDMENT,dated the lday of ,2023,between:
CITY OF BOYNTON BEACH, a municipal corporation ganized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach, FL 33435,hereinafter referred to as"CITY";
and
CALVIN, GIORDANO & ASSOCIATES, INC., a company authorized to do
business in the State of Florida, with its principal place of business at 560 Village
Blvd, Suite 340, West Palm Beach, FL 33409, hereinafter referred to as
"CONSULTANT."
WITNESSETH:
WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts; and
WHEREAS,effective July 1, 2020,Florida Statute § 287.055,was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million;and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
{0056)143.1 306-9001821} Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
(00563143.1306-9001821) Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect, except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
(00563143.1306-9001821) Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this /( ' 1iay of rn0 , 2023.
CITY OF BOYNTON BEACH CALVIN,GIORDANO&ASSOCIATES,INC.
Daniel Dugger, City Manag (Signature), Company
Print Name of Authorized Official
Title
(Corporate Seal)
Attest/Authenticated:
Witness
Print Name
Approv d s to Fo
Michael D. Cirullo, Jr., Attorney
Attested/Authenticated: /;o�Q�PoQORarf • '.may
1, , 011P
nrao_
•
.'
Maylee DeJ.s �t diA �•'••..••'. �pP�'
City Clerk ��..``.`FLo�.
(00563143.1 306-9001821} Page 4 of 4
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT,dated the
(?)
ay o ,2023,between:
CITY OF BOYNTON BEACH, a municipal corporation ganized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach, FL 33435,hereinafter referred to as"CITY";
and
ALEXIS KNIGHT ARCHITECTS,INC., a company authorized to do business in
the State of Florida,with its principal place of business at 100 NE 6th Street,Suite 102,
Boynton Beach,FL 33435,hereinafter referred to as"CONSULTANT."
WITNESSETH:
WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts;and
WHEREAS,effective July 1, 2020, Florida Statute § 287.055,was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million; and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
;00563143.1 306-9001821) Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
(00563143.I 306-9001821} Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
(00563143.1 306-9001821 1 Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this Iday of rnal , 2023.
CITY OF BOYNTON BEACH ALEXIS KNIGHT ARCHITECTS,INC.
/Ulla(Li A And
Daniel Dugger,City Manager (Signature), Co ,
Steven W. Knight
•rent lame o Aut 100 -.0-1; e a !4)
President I'r g)•,, N� W k4,�•'9�14`
Title 1
AR0015312 ,1
o: 'orate Seal) *
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—�rFRED ARG j00
Attest/Authe ticated: '��Z.'#i orgy
Witness
Connor Peede
Print Name
Appro orm:
Michael D. Cirullo,Jr.,Ci 'Attorney
Attested/Authenticated: y\AlON 6.A.‘_%%
#(0-‘
b .c ATE •• C'y
I! . .tOqt. • Q°CCILP
Maylee I J s,
City Clerk •••
% ........* 1
��. FID, OP
(00563143 1306-9001621 I Page 4 of 4
( )—
O s\ G
'�C
ti'O N '-
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
3 THIS FIRST AMENDMENT,dated the/( "bay of ,2023,between:
CITY OF BOYNTON BEACH, a municipal corporation organized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach,FL 33435,hereinafter referred to as"CITY";
and
AECOM TECHNICAL SERVICES, INC., a company authorized to do business
in the State of Florida,with its principal place of business at 800 S.Douglas Road,rd
Floor, North Tower, Coral Gables, FL 33134, hereinafter referred to as
"CONSULTANT."
WITNESSETH:
WHEREAS, on September 7, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts; and
WHEREAS,effective July 1, 2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million;and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
{00563143.1306-9001821} Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
{00563143.1 3069001821 Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
{00563143,306-9001821 1 Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this(e day of , 2023.
CITY OF BOYNTON BEACH AECOM TECHNICAL SERVICES,INC.
.11/
Daniel Dugger, City Man;g- (Signature),Company
Va.re n . .gra d o vl
Print Name of Authorized Official
Q-a'a.t , Yip Fres.dasa.
Title favi br.. S'Iyo e
(Corporate S-• r,
• +•
Attest/Authenticated: �P ai`ri1 lixhu
' ] ( Gu \j•
# #
Witness
DQ(OO L . I a am
Print Name
Appro orm•
Michael D. Cirullo,Jr., Ci"Attorney --g�Y N
i .•GORPOR�T.••� �1
Attested/Authenticated $.v .S
;JNCORpOR
EA L
� ATED.
. I 9
111111 .•
Maylee De -s
City Clerk
{00563143 1 1069001821 f Page 4 of 4
\Y
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
h
THIS FIRST AMENDMENT,dated the ky day of 2023,between:
CITY OF BOYNTON BEACH, a municipal corporation anized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach,FL 33435,hereinafter referred to as"CITY";
and
CH2M HILL ENGINEERS,INC.,a company authorized to do business in the State
of Florida, with its principal place of business at 550 W, Cypress Creek Road, Fort
Lauderdale,FL 33309,hereinafter referred to as"CONSULTANT."
WITNESSETH:
WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts;and
WHEREAS,effective July 1, 2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million;and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
(00563143.1 306-9001821) Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor"means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
(00563143.1 306-9001821 1 Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
{00563143.1 306-9001821} Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this 1 .0 day of 1 I 1 , 2023.
CITY OF BOYNTON BEACH CH2M HILL ENGINEERS,INC.
Daniel Dugger, C'earr (Signature), Company
David Ashman
Print Name of Authorized Official
Operations Leader, VP
Title - =�,ENp'�
r;I� �'�! h
Icr 4% f o,
(Corporate Seal) SEAL _f
Attest/Authenticated:
1/6/6
Witness
Cheryl J. Rimas, Asst Secretary
Print Name
Appro -� For •
Michael D. Cirullo, Jr., City Attorney r:F%0`01/:
Attested/Authenticated: i •
▪ SEAL ' y
1 : INCORPORATED
It
? 1920
••.....••
LA rej.1 •A .- ",A. FLORlO
Maylee DeJe.us,I
City Clerk
(00563143.1 306-9001821( Page 4 of 4
?,:f o,,
U
'l'JON t�
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT,dated th4 kp`"day of rnci u,2023,between:
CITY OF BOYNTON BEACH, a municipal corporation ganized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach,FL 33435,hereinafter referred to as"CITY";
and
CDM SMITH, INC., a company authorized to do business in the State of Florida,
with its principal place of business at 621 NE 53`d Street, Suite 265, Boca Raton, FL
33487,hereinafter referred to as "CONSULTANT."
WITNESSETH:
WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts; and
WHEREAS,effective July 1, 2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million;and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
(00$63143.1306-9001821( Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages, or other remuneration.
C. "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
1005631431306-9001821} Page 2 of 4
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 I
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
005631431306-9001821 Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this e day of C ' i"'` , 2023.
,___)
CITY OF BOYNTON BEACH CDM S ITH,INC.
VII A
CAD KA SPIN%
Daniel Dugger, City Manager (S :ture), Company
SuK- . N\ c ln
�'rint are of AuthonzL%ed Official Ly
Ni�. Pre-s 1 ,c\—
Title
(Corporate Seal)
Attest/Authenticated:
Witness
Paul Milligan
Print Name
Approv i Form:
Michael D. Cirullo, Jr., City"• ttorney
TO,'N 7-041`‘1
Attested/Authenticated: , ;cr. POR4.e...F�1%
Ii SEAL
1111
i' . INCORPORATED; f
1... l ! ', Of I
• 11
Maylee e D;Jes' `►,\ L6R`0� ,-
City Clerk
100563143.1 306-900187t} Page 4 of 4
Litt 0,
I
0 j J
�C
'0N (5
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
04
THIS FIRST AMENDMENT,dated thei day of in 2023,between:
CITY OF BOYNTON BEACH, a municipal corporation anized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach, FL 33435,hereinafter referred to as"CITY";
and
CAROLLO ENGINEERS,INC., a company authorized to do business in the State
of Florida, with its principal place of business at 9896 Lake Worth Road, Suite 302,
Lake Worth,FL 33467, hereinafter referred to as "CONSULTANT."
WITNESSETH:
WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts; and
WHEREAS,effective July 1, 2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million;and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
{00563143.13069001821} Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
(00563143.1306-9001821) Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect, except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
(00563143.1306-9001821) Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this day of May , 2023.
CITY OF BOYNTON BEACH CAROLLO ENGINEERS,INC.
Elizabeth Digitally signed by Elizabeth
Fujikawa
Fujikawa Date:2023.05.05 09:37:34-04'00'
Daniel Dugger, City Manager (Signature), Company
Elizabeth Fujikawa
Print Name of Authorized Official
Vice President
Title
(Corporate Seal)
Attest/Authenticated:
'S Epip�wa��cN.tuZO .Z aeon
Luz Gonzalez VE'"
2023 050!,0. 0.00
Witness
Luz Gonzalez
Print Name
Appr o Form:
Michael D. Cirullo, Jr., C'ty Attornep
� F gO ... /; t11
•• RPOR••
Attested/Authenticated: i As=
:INCORPORATED:
•
'• 1920 : s
.•
.
11. •
-
Sin s
Maylee D;Jes
City Clerk
;00,63143 13OG-W01821; Page 4 of 4
(s....
c U
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT,dated the'eday of hi i , 2023,between:
CITY OF BOYNTON BEACH, a municipal corporatio• . ganized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach, FL 33435,hereinafter referred to as"CITY";
and
GLOBALTECH,INC.,a company authorized to do business in the State of Florida,
with its principal place of business at 6001 Broken Sound Pkwy.NW,Suite 610,Boca
Raton,FL 33487, hereinafter referred to as "CONSULTANT."
WITNESSETH:
WHEREAS, on September 7, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts; and
WHEREAS, effective July 1, 2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million; and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No.046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
;00563143.1306-9001821} Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes, as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages, or other remuneration.
C. "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
{00563143.1 306-9001821} Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect, except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
{00563143.1 306-9001821 1 Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
atDATED this 1g1 1-41 day of , 2023.
CITY OF BOYNTON BEACH GLOBALTECH,INC.
Daniel Dugger, City M. :ger (Signature), Company
Print Name of Authorized Official
Title
(Corporate Seal)
Attest/Authenticated:
;;0�oR9NBF‘'`,
/ k �eF▪ ':•'9
Ocii-i � 0
It
svAL •: ,
i 5: coRp°RP -°1 Witness
;it
.. 92.,
.
t`. FLOR\• Pv = Print Name
Approv-:- .% Fo : /
Michael D. Cirullo, Jr., Pity Attorney
Attested/Authenticated:
ii V Oak
Maylee DeJ;sub
City Clerk
{00563143.13069001821} Page 4 of 4
GST V 0*
p\
Iv
T0N �'
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT,dated thel\Aay of ,2023, between:
CITY OF BOYNTON BEACH, a municipal corporation rganized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach, FL 33435,hereinafter referred to as "CITY";
and
WEST ARCHITECTURE+DESIGN,LLC,a company authorized to do business
in the State of Florida,with its principal place of business at 820 N.4th Street,Lantana,
FL 33462, hereinafter referred to as "CONSULTANT."
WITNESSETH:
WHEREAS, on August 22, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement("Agreement")whereby CONSULTANT was one of several qualified
consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/I'P (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts;and
WHEREAS, effective July I, 2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to $500,000 and maximum construction costs to$4
million; and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-I7/TP, to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE,in consideration of the mutual promises contained below,and other good and
valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties agree
that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
100563143 1306-9001821 r Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055,Florida Statutes,as may be
amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor"means a person or entity that provides labor,supplies,or services to or for
a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
100563143I3O6.9OO 821 Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language in
the Agreement and exhibits thereto,and in the event of a conflict with such language,the modifications
in this amendment shall prevail. In all other respects the Agreement shall remain in full force and
effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
{00363143.1 306.9001821) Page 3 of 4
FE
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED thitf'day of Or ,2023.
CITY OF BOYNTON BEACH WEST ARCHITECTURE+DESIGN,LLC
Daniel Dugger,City M: age (Signature), Company
Mikairtf.w F UVt t
Print Name of Authorized Official
it1T e
(Corporate Seal)
Attest/Authent. , -d:
itne•s
4i/P4
Print Name
Appr s to Form. /
Michael D. Cirullo,Jr.,Cit Attorney __ ' .9.N&'\
1kocypORATF•. 9ic. �1
Attested/Authenticated: SEA
.,ED:
20 i
1 1g
% FLOR
Maylee De es ��"
City Clerk
(00563143 1 306-9001021 I Page 4 of 4
/G,,/•Y OR
y 1 �\
p1 1111I�C 2
}ti`�
TUN 0
FIRST AMENDMENT TO THE GENERAL 1CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT,dated thel V';day of 2023,between:
CITY OF BOYNTON BEACH, a municipal corporation rganized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach,FL 33435,hereinafter referred to as"CITY";
and
2GHO, Inc. Landscape Architects, Planners, Environmental Consultants, a
company authorized to do business in the State of Florida, with its principal place of
business at 1907 Commerce Lane,Ste 101,Jupiter,FL 33458,hereinafter referred to
as"CONSULTANT."
WITNESSETH:
WHEREAS, on August 20th 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY;and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts;and
WHEREAS,effective July 1, 2020, Florida Statute § 287.055,was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million;and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with§287.055,Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct,and incorporated herein.
(00563143.1 306-9001821) Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
(00x3113.1 306.9001821} Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
(00563143.13069001631) Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this IlkO' 'day of V `I 1 , 2023.
CITY OF BOYNTON BEACH 2GHO,INC.LANDSCAPE ARCHITECTS,
PLANNERS,ENVIRONMENTAL CONSULTANTS
Daniel Dugger,City Manage (Signature), Company
c_.• 1 a
Print ame v�Aut onze. S ici.
Title
(Corporate Seal)
Attest/Authenticated:
Witn•:s
t l 1)c) T ROcY,a n
Print Name
Approv as .o Form:
gU`(IV1
Michael D. Cirullo,Jr., Pity Attorney 0togpopg
; T.,•
.�F
SEAL -`
SEAL ;=ll
Attested/Authenticated: i :INCORPORATED: i
ale 1920 :•
F.........
�ORIDP
Maylee DeJe.us,
City Clerk
(00563143.1306-9001821) Page 4 of 4
( 0'
r
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT,dated thef l lay o ,2023,between:
CITY OF BOYNTON BEACH, a municipal corporatio organized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach,FL 33435,hereinafter referred to as"CITY";
and
BAXTER & WOODMAN, INC., a company authorized to do business in
the State of Florida, with its principal place of business at 1601 Forum Place, Suite 400, West
Palm Beach,FL 33401,hereinafter referred to as"CONSULTANT."
WITNESSETH:
WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a
General Consulting Services Agreement ("Agreement") whereby CONSULTANT was one
of several qualified consulting firms to provide General Consulting services for the CITY;and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the
City's Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the
RFQ), which RFQ was intended to procure general consulting services under a continuing contract
pursuant to and consistent with §287.055, Florida Statutes, including the maximum contract values
for study activity and construction costs for continuing contracts;and
WHEREAS,effective July 1,2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to $500,000 and maximum construction costs to
$4 million;and
WHEREAS, the CITY and the CONSULTANT desire to amend language incorporated
into this Agreement by RFQ No. 046-2821-17/TP, to remain consistent with § 287.055, Florida
Statutes as to the maximum contract values for study activity and construction costs for continuing
contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct,and incorporated herein.
(00563143.1 306.9001821 Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity,or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary,wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor"means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
(00563143.13069001821) Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
100563143.1 306-9001621} Page 3 of 4
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this ,elday of 1 , ,2023.
CITY OF BOYNTON BEACH BAXTER & WOODMAN, INC.
1 4.661 kft-e--e-ot--''e ::_'_.
1 Ida'
Daniel Dugger,City ager (Signature), Company
1 Rebecca Travis
Print Name of Authorized Official
Executive Vice President
Title • 'p,1•► !/I/ 1
v..J "'•.
(Corporates Q o
Attest/Authenticated: ,t •. •0• s.
?./Xd
,/,‘„..___
Witne s
'yeS-r c� IA ise c c-K
Print Name
Appro ,o Fo r • /
Michael D.Cirullo,Jr.,City Attorney
Attested/Authenticated:
10 01 , .I.L.
Maylee D•Je
City Clerk
{00563143.1 3059001821 Page 4 of 4
GLY Y (J�
0
6
FIRST AMENDMENT TO THE GENERAL CONSULTING SERVICES AGREEMENT
THIS FIRST AMENDMENT,dated theieday of ,2023,between:
CITY OF BOYNTON BEACH, a municipal corporation organized and existing
under the laws of Florida,with a business address of 100 East Ocean Avenue,Boynton
Beach,FL 33435,hereinafter referred to as"CITY";
and
KIMLEY-HORN AND ASSOCIATES,INC.,a company authorized to do business
in the State of Florida,with its principal place of business at 1920 Wekiva Way,Suite
200,West Palm Beach,FL 33411, hereinafter referred to as "CONSULTANT."
WITNESSETH:
WHEREAS, on August 20, 2018, the CITY and CONSULTANT entered into a General
Consulting Services Agreement ("Agreement") whereby CONSULTANT was one of several
qualified consulting firms to provide General Consulting services for the CITY; and
WHEREAS, the Agreement incorporated the terms and conditions set forth in the City's
Request for Qualifications for General Consulting Services, RFQ No.: 046-2821-17/TP (the RFQ),
which RFQ was intended to procure general consulting services under a continuing contract pursuant
to and consistent with §287.055, Florida Statutes, including the maximum contract values for study
activity and construction costs for continuing contracts; and
WHEREAS,effective July 1, 2020, Florida Statute § 287.055, was amended increasing the
maximum contract value for continuing contracts to$500,000 and maximum construction costs to$4
million;and
WHEREAS,the CITY and the CONSULTANT desire to amend language incorporated into
this Agreement by RFQ No. 046-2821-17/TP,to remain consistent with § 287.055, Florida Statutes
as to the maximum contract values for study activity and construction costs for continuing contracts.
THEREFORE, in consideration of the mutual promises contained below, and other good
and valuable consideration, receipt, and sufficiency of which is hereby acknowledged, the Parties
agree that the Request for Qualifications shall be amended as follows:
SECTION 1. The foregoing "Whereas" clauses are hereby ratified as being true and
correct, and incorporated herein.
{00563143.1306-9001821 S Page 1 of 4
SECTION 2. Section 1.1 of the Agreement is amended to add the following:
This Agreement will not allow task orders for study activity, or projects, in which
the estimated construction cost of each individual study or project under the task
order exceeds the maximum contract values in §287.055, Florida Statutes, as may
be amended from time to time.
SECTION 3. SCRUTINIZED COMPANIES
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.
SECTION 4. E-VERIFY
CONTRACTOR certifies that it is aware of and complies with the requirements of Section
448.095,Florida Statutes,as may be amended from time to time and briefly described herein below.
1. Definitions for this Section:
A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or
consultant.
B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or
for a contractor or another subcontractor in exchange for a salary,wages,or other remuneration.
C. "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
(00563143.1 306-9001821} Page 2 of 4
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.
SECTION 5. The Parties agree that the modifications herein shall supersede any language
in the Agreement and exhibits thereto, and in the event of a conflict with such language, the
modifications in this amendment shall prevail. In all other respects the Agreement shall remain in
full force and effect,except as specifically modified by this First Amendment.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
{00563143.1 306-9001821} Page 3 of 4
5+ak 0,E Florida
Cowthf of Rahn 8ea-di h sical e�ce
q meant of rer
P
Y
IN WITNESS WHEREOF, the Parties have executed the Amendment by their duly authorized
representatives.
DATED this 3 day of a 19. . LORI aAMiCO 2023.
`p '�'�^� �. ''- -- v',; EXPIRES:March 18,2024
oC lit 1 %dor t:;:'''•• Bonded TMu Notary Public Underwriters
Lalli -1)(f1AGO #GC /S?ZSI T --
CITY OF BOYNTON BEACH KIMLEY-HORN AND ASSOCIATES,INC.
...mr.. A4 — /4/etA
Daniel Dugge , • • • A a;- (Signature), Company
MARWAN MUFLEH
Print Name of Authorized Official
SR. VICE PRESIDENT
Title J..''9,N ... s
O 'AND"'� SO�+r,,
(C ,
(ra Seal)9m n
s
Attest/Au s - . •-: -d: ......
NC
io•
Witness
ERIC REGUEIRO
Print Name
Appro gto Foe• t!
--0 F BO Yry `.l
Michael D. Cirullo,Jr., ity Attorney TD ��
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Maylee DeJ.su‘
City Clerk
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