R23-076 1 RESOLUTION NO. R23-076
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
5 NEW THREE YEAR SMALL GOVERNMENT ENTERPRISE LICENSE
6 AGREEMENT WITH ENVIRONMENTAL SYSTEMS RESEARCH
7 INSTITUTE (ESRI) WITH A TOTAL COST OF $170,100.00 TO
8 CONTINUE THE USE OF THE ESRI'S ARCGIS (GEOGRAPHIC
9 INFORMATION SYSTEMS) SOFTWARE PLATFORM;AND PROVIDING
10 AN EFFECTIVE DATE.
11
12 WHEREAS, in 2017, having identified a growing need among City departments for
13 the use of geographic information systems (GIS) software, it was decided that the City
14 should upgrade its License Agreement with Esri (the software provider for our GIS) to the
15 Small Government Enterprise License Agreement because it represented the best value for
16 the expected rate of growth based on a comparison of alternatives; and
17 WHEREAS, in 2020, the Small Government Enterprise License Agreement was
18 renewed with a new three year agreement; and
19 WHEREAS, as the previous three year agreement is expiring, this Agreement is
20 intended to maintain this resource to allow for the continued leveraging of this technology
21 in the improvement of public service delivery; and
22 WHEREAS, upon recommendation of staff, the City Commission does hereby
23 approve and authorize the City Manager to sign a new three year Small Government
24 Enterprise License agreement with Environmental Systems Research Institute (Esri) with a
25 total cost of $170,100.00 to continue the use of the Esri's ArcGIS (Geographic Information
26 Systems) software platform.
27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
28 OF BOYNTON BEACH, FLORIDA, THAT:
29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
30 being true and correct and are hereby made a specific part of this Resolution upon adoption
31 hereof.
32 Section 2. The City Commission hereby approves and authorizes the City
33 Manager to sign a new three year Small Government Enterprise License agreement with
34 Environmental Systems Research Institute (Esri)with a total cost of$170,100.00 to continue
S:\CA\RESO\Agreements\ESRI License Agreement(2023) -Reso.Docx
35 the use of the Esri's ArcGIS (Geographic Information Systems) software platform. A copy
36 of the License Agreement is attached hereto and incorporated herein by reference as
37 Exhibit "A".
38 Section 3. That this Resolution shall become effective immediately.
39
40 PASSED AND ADOPTED this 6th day of June, 2023
41 CITY OF BOYNTON BEACH, FLORIDA
42
43 YES NO
44 7
45 Mayor—Ty Penserga
46 /
47 Vice Mayor—Thomas Turkin ✓
48 /
49 Commissioner—Angela Cruz l/
50 /
51 Commissioner—Woodrow L. Hay ,
52 /
53 Commissioner—Aimee Kelley `/
54
55 VOTE 50
56 ATT'
57
58 1 I ..�_
59 aylee D- J- us, MPA, . MC Ty"-►-rga
60 City Cler4 M. or
61 .5 --- /
62 -- f60 ,!, AP , '• 4. ,
63 (Corporate Seal) ;'`�4pRPO`�gT•:o-;'
64
SEI, •
65 i ;iNCO := i Michael D. Cirullo,Jr.
R
66 �• ' 1920TE• i City Attorney
67 1" FLORIDA =
S:\CA\RESO\Agreements\ESRI License Agreement(2023) -Reso.Docx
• THE Quotation # Q-487506
esriSCIENCE
SCWHERE' Date:January 30,2023
Environmental Systems Research Institute, Inc. Customer#101023 Contract#
380 New York St
Redlands,CA 92373-8100 City of Boynton Beach
Phone: (909)793-2853 Information Technology Services
DUNS Number:06-313-4175 CAGE Code: OAMS3 100 E Ocean Ave
Boynton Beach, FL 33435-4515
To expedite your order,please attach a copy of ATTENTION: Jennifer Marangos
this quotation to your purchase order. PHONE: (561)742-6078
Quote is valid from: 1/30/2023 To:7/29/2023 EMAIL: marangosj@bbfl.us
Material Qty Term Unit Price Total
168179 1 Year 1 $56,700.00 $56,700.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 2 $56,700.00 $56,700.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
168179 1 Year 3 $56,700.00 $56,700.00
Populations of 50,001 to 100,000 Small Government Enterprise Agreement Annual Subscription
Subtotal: $170,100.00
Sales Tax: $0.00
Estimated Shipping and Handling(2 Day Delivery): $0.00
Contract Price Adjust: $0.00
Total: $170,100.00
Esri may charge a fee to cover expenses related to any customer requirement to use a proprietary vendor management,procurement,or invoice program.
For questions contact: Email: Phone:
Ben McCrary bmccrary@esri.com 704-541-9810 x1666
The items on this quotation are subject to and governed by the terms of this quotation,the most current product specific scope of use document
found at https://assets.esri.com/contentldam/esrisites/media/legal/product-specific-terms-of-use/e300.pdf,and your applicable signed agreement
with Esri.If no such agreement covers any item quoted,then Esri's standard terms and conditions found at https:/go.esri.com/MAPS apply to your
purchase of that item.If any item is quoted with a multi-year payment schedule,then unless otherwise stated in this quotation,Customer is required
to make all payments without right of cancellation.Third-party data sets included in a quotation as separately licensed items will only be provided
and invoiced if Esri is able to provide such data and will be subject to the applicable third-party's terms and conditions.If Esri is unable to provide
any such data set,Customer will not be responsible for any further payments for the data set.US Federal government entities and US government
prime contractors authorized under FAR 51.1 may purchase under the terms of Esri's GSA Federal Supply Schedule.Supplemental terms and
conditions found at httos://www.esri.com/en-us/legal/terms/state-supplemental apply to some US state and local government purchases.All terms
of this quotation will be incorporated into and become part of any additional agreement regarding Esri's offerings.Acceptance of this quotation is
limited to the terms of this quotation.Esri objects to and expressly rejects any different or additional terms contained in any purchase order,offer,
or confirmation sent to or to be sent by buyer.Unless prohibited by law,the quotation information is confidential and may not be copied or released
other than for the express purpose of system selection and purchase/license.The information may not be given to outside parties or used for any
other purpose without consent from Esri.Delivery is FOB Origin for customers located in the USA.
MCCRARYB This offer is limited to the terms and conditions incorporated and attached herein.
Esri Use Only: \
Cust. Name City of Boynton Beach (�� 1 �srt SOF
CIENCECUSt.# 101023 r WHERE
PO#
Esri Agreement# 00319660.0
SMALL ENTERPRISE AGREEMENT
COUNTY AND MUNICIPALITY GOVERNMENT
(E214-3)
This Agreement is by and between the organization identified in the Quotation ("Customer")and Environmental
Systems Research Institute, Inc. ("Esri").
This Agreement sets forth the terms for Customer's use of Products and incorporates by reference (i)the
Quotation and (ii)the Master Agreement. Should there be any conflict between the terms and conditions of the
documents that comprise this Agreement,the order of precedence for the documents shall be as follows: (i)the
Quotation, (ii)this Agreement, and (iii)the Master Agreement. This Agreement shall be governed by and
construed in accordance with the laws of the state in which Customer is located without reference to conflict of
laws principles, and the United States of America federal law shall govern in matters of intellectual property.The
modifications and additional rights granted in this Agreement apply only to the Products listed in Table A.
Table A
List of Products
Uncapped Quantities Developer Tools
Desktop Software and Extensions (Single Use) ArcGIS Runtime Standard
ArcGIS Desktop Advanced ArcGIS Runtime Analysis Extension
ArcGIS Desktop Standard
ArcGIS Desktop Basic Limited Quantities
ArcGIS Desktop Extensions: ArcGIS 3D Analyst, One(1)Professional subscription to ArcGIS Developer
ArcGIS Spatial Analyst,ArcGIS Geostatistical Analyst, Two(2)ArcGIS CityEngine Single Use Licenses
ArcGIS Publisher,ArcGIS Network Analyst,ArcGIS 250 ArcGIS Online Viewers
Schematics,ArcGIS Workflow Manager,ArcGIS Data 250 ArcGIS Online Creators
Reviewer 37,500 ArcGIS Online Service Credits
250 ArcGIS Enterprise Creators
Enterprise Software and Extensions 5 ArcGIS Insights in ArcGIS Enterprise
ArcGIS Enterprise (Advanced and Standard) 5 ArcGIS Insights in ArcGIS Online
ArcGIS Monitor 50 ArcGIS Location Sharing for ArcGIS Enterprise
ArcGIS Enterprise Extensions:ArcGIS 3D Analyst, 50 ArcGIS Location Sharing for ArcGIS Online
ArcGIS Spatial Analyst,ArcGIS Geostatistical Analyst, 4 ArcGIS Parcel Fabric User Type Extensions(Enterprise)
ArcGIS Network Analyst,ArcGIS Schematics, ArcGIS 4 ArcGIS Utility Network User Type Extensions(Enterprise)
4 ArcGIS Trace Network User Type Extensions(Enterprise)
Workflow Manager,ArcGIS Data Reviewer
Enterprise Additional Capability Servers
ArcGIS Image Server
OTHER BENEFITS
Number of Esri User Conference registrations provided annually 4
Number of Tier 1 Help Desk individuals authorized to call Esri 4
Maximum number of sets of backup media, if requested* 2
Five percent(5%)discount on all individual commercially available instructor-led training classes at Esri
facilities purchased outside this Agreement
*Additional sets of backup media may be purchased for a fee
Page 1 of 7 January 3,2023
Customer may accept this Agreement by signing and returning the whole Agreement with (i)the Quotation
attached, (ii)a purchase order, or(Hi) another document that matches the Quotation and references this
Agreement("Ordering Document"). ADDITIONAL OR CONFLICTING TERMS IN CUSTOMER'S PURCHASE
ORDER OR OTHER DOCUMENT WILL NOT APPLY, AND THE TERMS OF THIS AGREEMENT WILL
GOVERN. This Agreement is effective as of the date of Esri's receipt of an Ordering Document, unless otherwise
agreed to by the parties ("Effective Date").
Term of Agreement: Three (3)years
This Agreement supersedes any previous agreements, proposals, presentations, understandings, and
arrangements between the parties relating to the licensing of the Products. Except as provided in Article 4—
Product Updates, no modifications can be made to this Agreement.
Accepted and Agreed:
City of Boynton Beach
(Customer)
By: -
Aut>f rzed SignalLre (,
Printed Name:
( 'nGR,r
��
Title: \ A Gy-\_ lr
Date: Ak_ky\D_ t 3
CUSTOMER CONTACT INFORMATION
Contact: Telephone:
Address: Fax:
City, State, Postal Code: E-mail:
Country:
Quotation Number(if applicable): Q-487506
Page 2 of 7 January 3,2023
1.0—ADDITIONAL DEFINITIONS 2.0-ADDITIONAL GRANT OF LICENSE
In addition to the definitions provided in the Master 2.1 Grant of License. Subject to the terms and
Agreement,the following definitions apply to this conditions of this Agreement, Esri grants to
Agreement: Customer a personal, nonexclusive,
nontransferable license solely to use, copy,and
"Case" means a failure of the Software or Online Deploy quantities of the Products listed in
Services to operate according to the Documentation Table A—List of Products for the Term of
where such failure substantially impacts operational Agreement(i)for the applicable Fee and (ii) in
or functional performance. accordance with the Master Agreement.
"Deploy", "Deployed"and "Deployment"mean to 2.2 Consultant Access. Esri grants Customer the
redistribute and install the Products and related right to permit Customer's consultants or
Authorization Codes within Customer's contractors to use the Products exclusively for
organization(s). Customer's benefit. Customer will be solely
responsible for compliance by consultants and
"Fee" means the fee set forth in the Quotation. contractors with this Agreement and will ensure
that the consultant or contractor discontinues
"Maintenance" means Tier 2 Support, Product use of Products upon completion of work for
updates, and Product patches provided to Customer Customer.Access to or use of Products by
during the Term of Agreement. consultants or contractors not exclusively for
Customer's benefit is prohibited. Customer may
"Master Agreement"means the applicable master not permit its consultants or contractors to install
agreement for Esri Products incorporated by this Software or Data on consultant, contractor, or
reference that is(i)found at https://www.esri.com/en- third-party computers or remove Software or
us/legal/terms/full-master-agreement and available in Data from Customer locations, except for the
the installation process requiring acceptance by purpose of hosting the Software or Data on
electronic acknowledgment or(ii)a signed Esri Contractor servers for the benefit of Customer.
master agreement or license agreement that
supersedes such electronically acknowledged
master agreement. 3.0-TERM,TERMINATION,AND EXPIRATION
"Product(s)" means the products identified in 3.1 Term.This Agreement and all licenses
Table A—List of Products and any updates to the list hereunder will commence on the Effective Date
Esri provides in writing. and continue for the duration identified in the
Term of Agreement, unless this Agreement is
"Quotation"means the offer letter and quotation terminated earlier as provided herein. Customer
provided separately to Customer. is only authorized to use Products during the
Term of Agreement. For an Agreement with a
"Technical Support" means the technical limited term, Esri does not grant Customer an
assistance for attempting resolution of a reported indefinite or a perpetual license to Products.
Case through error correction, patches, hot fixes,
workarounds, replacement deliveries, or any other 3.2 No Use upon Agreement Expiration or
type of Product corrections or modifications. Termination.All Product licenses, all
Maintenance, and Esri User Conference
"Tier 1 Help Desk" means Customer's point of registrations terminate upon expiration or
contact(s)to provide all Tier 1 Support within termination of this Agreement.
Customer's organization(s).
3.3 Termination for a Material Breach. Either party
"Tier 1 Support" means the Technical Support may terminate this Agreement for a material
provided by the Tier 1 Help Desk. breach by the other party.The breaching party
will have thirty(30)days from the date of written
"Tier 2 Support" means the Esri Technical Support notice to cure any material breach.
provided to the Tier 1 Help Desk when a Case
cannot be resolved through Tier 1 Support. 3.4 Termination for Lack of Funds. For an
Agreement with government or government-
Page 3 of 7 January 3,2023
owned entities, either party may terminate this than the defined Products will receive Maintenance.
Agreement before any subsequent year if Customer may acquire maintenance for other
Customer is unable to secure funding through Software outside this Agreement.
the legislative or governing body's approval
process. a. Tier 1 Support
3.5 Follow-on Term. If the parties enter into 1. Customer will provide Tier 1 Support
another agreement substantially similar to this through the Tier 1 Help Desk to all
Agreement for an additional term, the effective Customer's authorized users.
date of the follow-on agreement will be the day
after the expiration date of this Agreement. 2. The Tier 1 Help Desk will be fully trained in
the Products.
4.0-PRODUCT UPDATES 3. At a minimum,Tier 1 Support will include
those activities that assist the user in
4.1 Future Updates. Esri reserves the right to resolving how-to and operational questions
update the list of Products in Table A—List of as well as questions on installation and
Products by providing written notice to troubleshooting procedures.
Customer. Customer may continue to use all
Products that have been Deployed, but support 4. The Tier 1 Help Desk will be the initial point
and upgrades for deleted items may not be of contact for all questions and reporting of a
available.As new Products are incorporated into Case.The Tier 1 Help Desk will obtain a full
the standard program,they will be offered to description of each reported Case and the
Customer via written notice for incorporation into system configuration from the user. This
the Products schedule at no additional charge. may include obtaining any customizations,
Customer's use of new or updated Products code samples, or data involved in the Case.
requires Customer to adhere to applicable
additional or revised terms and conditions in the 5. If the Tier 1 Help Desk cannot resolve the
Master Agreement. Case, an authorized Tier 1 Help Desk
individual may contact Tier 2 Support. The
4.2 Product Life Cycle. During the Term of Tier 1 Help Desk will provide support in such
Agreement, some Products may be retired or a way as to minimize repeat calls and make
may no longer be available to Deploy in the solutions to problems available to
identified quantities. Maintenance will be subject Customer's organization.
to the individual Product Life Cycle Support
Status and Product Life Cycle Support Policy, 6. Tier 1 Help Desk individuals are the only
which can be found at individuals authorized to contact Tier 2
https://support.esri.com/en/other- Support. Customer may change the Tier 1
resources/product-life-cycle. Updates for Help Desk individuals by written notice to
Products in the mature and retired phases may Esri.
not be available. Customer may continue to use
Products already Deployed, but Customer will b. Tier 2 Support
not be able to Deploy retired Products.
1. Tier 2 Support will log the calls received
from Tier 1 Help Desk.
5.0-MAINTENANCE 2. Tier 2 Support will review all information
collected by and received from the Tier 1
The Fee includes standard maintenance benefits Help Desk including preliminary documented
during the Term of Agreement as specified in the troubleshooting provided by the Tier 1 Help
most current applicable Esri Maintenance and Desk when Tier 2 Support is required.
Support Program document(found at
https://www.esri.com/en- 3. Tier 2 Support may request that Tier 1 Help
us/legal/terms/maintenance). At Esri's sole Desk individuals provide verification of
discretion, Esri may make patches, hot fixes, or information, additional information, or
updates available for download. No Software other answers to additional questions to
Page 4 of 7 January 3,2023
supplement any preliminary information operate, or allow access to the Products. If this
gathering or troubleshooting performed by is a multi-year Agreement, Esri may invoice the
Tier 1 Help Desk. Fee up to thirty(30)calendar days before the
annual anniversary date for each year.
4. Tier 2 Support will attempt to resolve the
Case submitted by Tier 1 Help Desk. b. Undisputed invoices will be due and payable
5. When the Case is resolved,Tier 2 Support within thirty(30)calendar days from the date of
invoice. Esri reserves the right to suspend
will communicate the information to Tier 1 Customer's access to and use of Products if
Help Desk, and Tier 1 Help Desk will Customer fails to pay any undisputed amount
disseminate the resolution to the user(s). owed on or before its due date. Esri may charge
Customer interest at a monthly rate equal to the
lesser of one percent(1.0%) per month or the
6.0-ENDORSEMENT AND PUBLICITY maximum rate permitted by applicable law on
any overdue fees plus all expenses of collection
This Agreement will not be construed or interpreted for any overdue balance that remains unpaid
as an exclusive dealings agreement or Customer's ten (10)days after Esri has notified Customer of
endorsement of Products. Either party may publicize the past-due balance.
the existence of this Agreement.
c. Esri's federal ID number is 95-2775-732.
7.0-ADMINISTRATIVE REQUIREMENTS d. If requested, Esri will ship backup media to the
ship-to address identified on the Ordering
7.1 OEM Licenses. Under Esri's OEM or Solution Document, FOB Destination,with shipping
OEM programs, OEM partners are authorized to charges prepaid. Customer acknowledges that
embed or bundle portions of Esri products and should sales or use taxes become due as a
services with their application or service. OEM result of any shipments of tangible media, Esri
partners' business model, licensing terms and has a right to invoice and Customer will pay any
conditions, and pricing are independent of this such sales or use tax associated with the receipt
Agreement. Customer will not seek any discount of tangible media.
from the OEM partner or Esri based on the
availability of Products under this Agreement. 8.2 Order Requirements. Esri does not require
Customer will not decouple Esri products or Customer to issue a purchase order. Customer
services from the OEM partners'application or may submit a purchase order in accordance with
service. its own process requirements, provided that if
Customer issues a purchase order, Customer
7.2 Annual Report of Deployments.At each will submit its initial purchase order on the
anniversary date and ninety(90)calendar days Effective Date. If this is a multi-year Agreement,
prior to the expiration of this Agreement, Customer will submit subsequent purchase
Customer will provide Esri with a written report orders to Esri at least thirty(30)calendar days
detailing all Deployments. Upon request, before the annual anniversary date for each
Customer will provide records sufficient to verify year.
the accuracy of the annual report.
a. All orders pertaining to this Agreement will be
processed through Customer's centralized point
8.0-ORDERING,ADMINISTRATIVE of contact.
PROCEDURES, DELIVERY,AND
DEPLOYMENT b. The following information will be included in
each Ordering Document:
8.1 Orders, Delivery, and Deployment
(1) Customer name; Esri customer number, if
a. Upon the Effective Date, Esri will invoice known; and bill-to and ship-to addresses
(2) Order number
Customer and provide Authorization Codes to (3) Applicable annual payment due
activate the nondestructive copy protection
program that enables Customer to download,
Page 5 of 7 January 3,2023
9.0-MERGERS,ACQUISITIONS,OR Ensure that public records that are exempt or that are
DIVESTITURES confidential and exempt from public record disclosure
requirements are not disclosed except as authorized
If Customer is a commercial entity, Customer will by law for the duration of the contract term and,
notify Esri in writing in the event of(i)a following completion of the contract, Contractor shall
consolidation, merger, or reorganization of Customer destroy all copies of such confidential and exempt
with or into another corporation or entity; records remaining in its possession once the
(ii)Customer's acquisition of another entity; or(iii)a Contractor transfers the records in its possession to
transfer or sale of all or part of Customer's the CITY; and
organization (subsections i, ii, and iii, collectively Upon completion of the contract, Contractor shall
referred to as"Ownership Change").There will be transfer to the CITY, at no cost to the CITY, all public
no decrease in Fee as a result of any Ownership records in Contractor's possession All records stored
Change. electronically by Contractor must be provided to the
9.1 If an Ownership Change increases the CITY, upon request from the CITY's custodian of
cumulative program count beyond the maximum public records, in a format that is compatible with the
level for this Agreement, Esri reserves the right information technology systems of the CITY.
to increase the Fee or terminate this Agreement IF THE CONTRACTOR HAS QUESTIONS
and the parties will negotiate a new agreement. REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE
9.2 If an Ownership Change results in transfer or CONTRACTOR'S DUTY TO PROVIDE PUBLIC
sale of a portion of Customer's organization,that RECORDS RELATING TO THIS CONTRACT,
portion of Customer's organization will transfer CONTACT THE CUSTODIAN OF PUBLIC
the Products to Customer or uninstall, remove, RECORDS:
and destroy all copies of the Products.
CITY CLERK OFFICE
9.3 This Agreement may not be assigned to a 100 E. OCEAN AVENUE
successor entity as a result of an Ownership
Change unless approved by Esri in writing in BOYNTON BEACH, FLORIDA, 33435
advance. If the assignment to the new entity is 561-742-6060
not approved, Customer will require any
successor entity to uninstall, remove, and CityClerk@bbfl.us
destroy the Products.This Agreement will
terminate upon such Ownership Change. 10.2 Scrutinized Companies-287.135 AND
215.473. By execution of this Agreement, Contractor
10.0—CITY TERMS certifies that Contractor is not participating in a
boycott of Israel. The contractor further certifies that
10.1 Public Records. Sealed documents received Contractor is not on the Scrutinized Companies that
by the City in response to an invitation are exempt Boycott Israel list, not on the Scrutinized Companies
from public records disclosure until thirty(30)days with Activities in Sudan List, and not on the
after the opening of the Bid unless the City Scrutinized Companies with Activities in the Iran
announces intent to award sooner, in accordance Petroleum Energy Sector List, or has Contractor been
with Florida Statutes 119.07. engaged in business operations in Syria. Subject to
limited exceptions provided in state law, the City will
The City is a public agency subject to Chapter 119, not contract for the provision of goods or services with
Florida Statutes.The Vendor shall comply with any scrutinized company referred to above.
Florida's Public Records Law. Specifically, the Submitting a false certification shall be deemed a
Contractor shall: material breach of contract.The City shall provide
Keep and maintain public records required by the notice, in writing, to the Contractor of the City's
CITY to perform the service; determination concerning the false certification. The
contractor shall have five (5)days from receipt of
Upon request from the CITY's custodian of public notice to refute the false certification allegation. If
records, provide the CITY with a copy of the such false certification is discovered during the active
requested records or allow the records to be contract term, the Contractor shall have ninety(90)
inspected or copied within a reasonable time at a days following receipt of the notice to respond in
cost that does not exceed the cost provided in writing and demonstrate that the determination of
chapter 119, Fla. Stat. or as otherwise provided by false certification was made in error.
law;
Page 6 of 7 January 3,2023
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.
10.3 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.
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.
Registration Requirement; Termination: Pursuant to
Section 448.095, Florida Statutes, effective January
1, 2021, Contractors, shall register with and use the
E-Verify System in order to verify the work
authorization status of all newly hired employees.
Contractor shall register for and utilize the U.S.
Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform
employment duties within Florida during the term of
the contract; and
B. All persons (including sub-vendors/sub-
consultants/sub-contractors) assigned by
Contractor to perform work pursuant to the contract
with the City of Boynton Beach. The Contractor
acknowledges and agrees that registration and use
of the U.S. Department of Homeland Security's E-
Verify System during the term of the contract is a
condition of the contract with the City of Boynton
Beach.
Page 7 of 7 January 3,2023