R23-171 1 RESOLUTION NO. R23-171
2
3
4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
5 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A
6 PARTICIPATION AGREEMENT WITH PALM BEACH COUNTY FOR
7 PUBLICATION OF LEGAL NOTICES ON THE COUNTY'S DESIGNATED
8 PUBLICLY ACCESSIBLE WEBSITE;AND PROVIDING AN EFFECTIVE DATE.
9
10 WHEREAS, section 50.0311, Florida Statutes, allows a local governmental agency the
11 option to publish legal notices on a publicly accessible website owned or designated by the
12 county instead of in a print newspaper under specified conditions; and
13 WHEREAS, the City's participation in the agreement with Palm Beach County to post
14 legal notices will save the City nearly $30,000 annually and will provide all legal notices in one
15 central location for easy access; and
16 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation
17 of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
18 Beach to approve and authorize the City Manager to sign a Participation Agreement with Palm
19 Beach County for publication of legal notices on the County's designated publicly accessible
20 website.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
22 BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
24 being true and correct and are hereby made a specific part of this Resolution upon adoption
25 hereof.
26 Section 2. The City Commission of the City of Boynton Beach hereby approves and
27 authorizes the City Manager to sign a Participation Agreement with Palm Beach County for
28 publication of legal notices on the County's designated publicly accessible website. A copy of
29 the Participation Agreement is attached hereto and made a part hereof by reference as Exhibit
30 "A."
31 Section 3. That this Resolution shall become effective immediately upon passage.
32
S:\CA\RESO\Agreements\Participation Agreement with PBC for Legal Notices-Reso.docx
33 PASSED AND ADOPTED this 5th day of December, 2023.
34 CITY OF BOYNTON BEACH, FLORIDA
35 YES NO
36
37 Mayor—Ty Penserga ✓
38
39 Vice Mayor—Thomas Turkin ✓
40
41 Commissioner—Angela Cruz ✓
42
43 Commissioner—Woodrow L. Hay
44
45 Commissioner—Aimee Kelley
46
47 VOTE 5 -V
48 ATTEST:
49
50 ( a2'-4.4 '`
51 Tammy St- zione, C C T•
52 Deputy City Clerk Mayor
53
54 APPROVED AS TO FORM:
55 (Corporate Seal)
56 r�O'NTON
57 %i OsC�C,oRPORAte�t�� 1
58 �.; �' >44,a144 otib
it7:i AL�'.Z ��
59 SE Shawna G. Lamb
60 �� •INC 1920 ED City Attorney
1 .
\'‘, FLOR\OP ,
S:\CA\RESO\Agreements\Participation Agreement with PBC for Legal Notices-Reso.docx
Form Participation Agreement for Publication of Legal Notices
on County Designated Publicly Accessible Website
This Form Participation Agreement("Participation Agreement")is made and entered into
by and between Palm Beach County,a political subdivision of the State of Florida ("County"),
and the City of Boynton Beach, a local government existing under the laws of the State of Florida
("Local Government")(each a"Party,"and collectively the"Parties").
RECITALS
A. During the 2022 legislative session, the Florida Legislature enacted House Bill
7049,which created Section 50.0311,Florida Statutes.
B. Effective January 1, 2023, Section 50.0311, Florida Statutes, authorizes a local
governmental agency to publish legal notices under specified conditions on a publicly accessible
website,owned or designated by the applicable county,instead of in a print newspaper.
C. Local Government represents that it is a governmental agency as defined in
Section 50.0311, Florida Statutes. Local Government desires to utilize County's designated
publicly accessible website for certain required notices and advertisements,
D. Pursuant to Section 50.0311, Florida Statutes, County designated CivicPlus, LLC
("Website")as County's publicly accessible website for publication of notices and advertisements
("Publications").
Now,therefore,for good and valuable consideration,the receipt and sufficiency of which
are hereby acknowledged,the Parties agree as follows:
1. Recitals. The truth and accuracy of each clause set forth above is acknowledged by the
Parties.
2. Designation of Website.County has entered into an agreement with Website ("Website
Contract") for Publications. At any time, upon at least ninety(90) days' prior written notice to
Local Government in accordance with the Notices section of this Participation Agreement,County
may designate a different entity as County's publicly accessible website pursuant to Section
50.0311,Florida Statutes.Any such new designation shall be automatically effective upon the date
stated in County's notice without the need for an amendment to this Participation Agreement,
and upon the effective date the new website shall be the "Website" for purposes of this
Participation Agreement.
3. Utilization of Website. Local Government may utilize the Website for its Publications if
and to the extent it elects to do so. Nothing in this Participation Agreement obligates Local
Government to utilize the Website for any Publication.However,any utilization of Website by
Form Participation Agreement for Website Publications 1
Local Government for Publications pursuant to Section 50.0311, Florida Statutes, shall be
obtained exclusively through the Website Contract and not through any other contract or
procurement method. Local Government agrees that no other website is County's designated
publicly accessible website,and Local Government agrees it will not take any action to challenge
or otherwise attempt to disqualify the designation of Website (or any substitute website
pursuant to Section 2 above)as the properly designated website of County pursuant to Section
50.0311,Florida Statutes.
4. Term.The term of this Participation Agreement shall commence upon the date it is fully
executed by the Parties ("Effective Date")and shall continue until terminated by either Party as
otherwise provided herein.
5. Cornpliance with Notice Requirements.For the duration of this Participation Agreement,
Local Government shall comply with all applicable requirements, obligations, duties, and
procedures set forth in Chapter 50,Florida Statutes("Notice Requirements"),as may be amended
from time to time, relating to any Publications published on the Website. County shall have no
responsibility for ensuring that Local Government,the Website,or the Publications comply with
the Notice Requirements or any other applicable law,rule,or regulation.
6. County Actions are Ministerial. Local Government acknowledges that any and all
Publications of Local Government are prepared by Local Government and not by County,and that
any and all actions of County in conjunction with or relating to the designation of the Website for
use by Local Government are,and shall be construed at all times as,purely ministerial acts.
7. Costs and Payment.Local Government is solely responsible for the timely payment of all
fees and costs associated with its Publications and use of the Website. Local Government shall
utilize the Website Contract to obtain from Website any applicable services Local Government
requires relating to Publications and shall pay Website directly for all such services provided in
connection with Publications. Additionally, Local Government shall be solely responsible for
payment of any and all mailing costs or other costs associated with the Publications or otherwise
incurred relating to the Publications pursuant to Chapter 50,Florida Statutes,including without
limitation Section 50.0311(6), Florida Statutes. County shall not be responsible for any fees or
costs associated with: (a) use of the Website by Local Government; (b) any Publication; or
(c)compliance with Chapter 50,Florida Statutes.Local Government recognizes and agrees that if
Local Government fails to timely pay Website,Website may terminate Local Government's access
to the Website, and County shall have no liability to Local Government for such termination or
lack of access.
8. Sovereign Immunity.Except to the extent sovereign immunity may be deemed waived by
entering into this Participation Agreement, nothing herein is intended to serve as a waiver of
sovereign immunity by either Party nor shall anything included herein be construed as consent
by either Party to be sued by a third party in any matter arising out of this Participation
Agreement.
Form Participation Agreement for Website Publications 2
9. Indemnification. Local Government shall indemnify and hold harmless County and all of
County's current, past, and future officers, agents, and employees (collectively, "Indemnified
Party") from and against any and all causes of action, demands, claims, losses, liabilities, and
expenditures of any kind,including attorneys'fees,court costs,and expenses,including through
the conclusion of any appellate proceedings, raised or asserted by any person or entity not a
party to this Participation Agreement,and caused or alleged to be caused,in whole or in part,by
any breach of this Participation Agreement by Local Government,or any intentional,reckless,or
negligent act or omission of Local Government,its officers, employees, or agents,arising from,
relating to,or in connection with this Participation Agreement or any Publication.The obligations
of this section shall survive the expiration or earlier termination of this Participation Agreement.
10. Termination. Either Party may terminate this Participation Agreement without cause
upon at least ninety (90) days' prior written notice to the other Party. This Participation
Agreement may also be terminated for cause by the aggrieved Party if the Party in breach has
not corrected the breach within thirty(30)days after receipt of written notice from the aggrieved
Party identifying the breach. In addition,if the publication of electronic notices is determined to
be illegal by a court of competent jurisdiction,or if the Florida Legislature modifies Florida law to
prohibit utilization of County's designated publicly accessible website for Publications, this
Participation Agreement will be deemed automatically terminated upon such finding becoming
final or such law becoming effective,as applicable.
11. Notices.In order for a notice to a Party to be effective under this Participation Agreement,
notice must be sent via U.S.first-class mail,with a contemporaneous copy sent via e-mail,to the
addresses listed below and shall be effective upon mailing.The addresses for notice shall remain
as set forth herein unless and until changed by providing notice of such change in accordance
with the provisions of this section.
FOR COUNTY:
Palm Beach County Purchasing Department
Attn:Purchasing Director
50 South MilitaryTrail
West Palm Beach,Florida 33415
FOR LOCAL GOVERNMENT:
City of Boynton Beach
Attn:City Clerk
100 East Ocean Avenue
Boynton Beach,FL 33435
12. Prior Agreements. This Participation Agreement represents the final and complete
understanding of the Parties regarding the subject matter of this Participation Agreement and
supersedes all prior and contemporaneous negotiations and discussions regarding same. All
Form Participation Agreement for Website Publications 3
commitments,agreements,and understandings of the Parties concerning the subject matter of
this Participation Agreement are contained herein.
13. Assignment. Neither this Participation Agreement nor any term or provision hereof or
right hereunder shall be assignable by either Party without the prior written consent of the other
Party.
14. Interpretation.The headings contained in this Participation Agreement are for reference
purposes only and shall not in any way affect the meaning or interpretation of this Participation
Agreement. All personal pronouns used in this Participation Agreement shall include any other
gender, and the singular shall include the plural, and vice versa, unless the context otherwise
requires.Terms such as"herein"refer to this Participation Agreement as a whole and not to any
particular sentence, paragraph, or section where they appear, unless the context otherwise
requires.Whenever reference is made to a section or article of this Participation Agreement,such
reference is to the section or article as a whole,including all of the subsections of such section,
unless the reference is made to a particular subsection or subparagraph of such section or article.
15. Third-Party Beneficiaries. Neither Local Government nor County intends to directly or
substantially benefit a third party by this Participation Agreement. Therefore, the Parties
acknowledge that there are no third-party beneficiaries to this Participation Agreement and that
no third party shall be entitled to assert a right or claim against either of them based upon this
Participation Agreement.
16. Law, Jurisdiction` Venues Waiver of Jury Trial. This Participation Agreement shall be
interpreted and construed in accordance with and governed by the laws of the State of Florida.
The exclusive venue for any lawsuit arising from, related to, or in connection with this
Participation Agreement shall be in the state courts of the Fifteenth Judicial Circuit in and for Palm
Beach County,Florida.If any claim arising from,related to,or in connection with this Participation
Agreement must be litigated in federal court,the exclusive venue for any such lawsuit shall be in
the United States District Court,or the United States Bankruptcy Court,for the Southern District
of Florida. EACH PARTY EXPRESSLY WAIVES ANY RIGHTS IT MAY HAVE TO A TRIAL BY JURY OF
ANY CIVIL LITIGATION RELATED TO THIS PARTICIPATION AGREEMENT.
17. Amendments. No modification, amendment, or alteration in the terms or conditions
contained herein shall be effective unless contained in a written document prepared with the
same or similar formality as this Participation Agreement and executed on behalf of County and
Local Government,respectively, by persons authorized to execute same on their behalf.
18. Representation of Authority. Each individual executing this Participation Agreement on
behalf of a Party represents and warrants that they are, on the date they sign this Participation
Agreement,duly authorized by all necessary and appropriate action to execute this Participation
Agreement on behalf of such Party and that they do so with full legal authority.
Form Participation Agreement for Website Publications 4
19. Counterparts and Multiple Originals.This Participation Agreement may be executed in
multiple originals, and may be executed in counterparts, whether signed physically or
electronically, each of which shall be deemed to be an original,but all of which, taken together,
shall constitute one and the same Participation Agreement.
20. Materiality and Waiver or Breach.Each requirement,duty,and obligation set forth herein
was bargained for at arm's-length. Each requirement, duty, and obligation set forth herein is
substantial and important to the formation of this Participation Agreement, and each is,
therefore, a material term. Any Party's failure to enforce any provision of this Participation
Agreement shall not be deemed a waiver of such provision or modification of this Participation
Agreement. A waiver of any breach of a provision of this Participation Agreement shall not be
deemed a waiver of any subsequent breach and shall not be construed to be a modification of
the terms of this Participation Agreement.
21. Compliance with Laws.Each Party shall comply with all applicable federal,state,and local
laws, codes, ordinances, rules, and regulations in performing its duties, responsibilities, and
obligations pursuant to this Participation Agreement.
(Remainder of this page intentionally left blank.)
Form Participation Agreement for Website Publications 4
IN WITNESS WHEREOF,the Parties hereto have made and executed this Participation Agreement:
PALM BEACH COUNTY through its BOARD OF COUNTY COMMISSIONERS,signing by and through
its County Administrator, authorized to execute same by Board action on the of
November, 2023, and Local Government, signing by and through its City Manager, Daniel
Dugger,duly authorized to execute same.
COUNTY
PALM BEACH COUNTY,by and
through its Board of County Commissioners
By:
Purchasing Director
day of ,20_
Approved as to form by
Palm Beach County
Attorney
301 North Olive Avenue,Suite 601
West Palm Beach, Florida 33401
561.355.2225
By —
Anne Helfant (Date)
Senior Assistant County Attorney
By
Archie Satchel) (Date)
Chief Information Officer
SRW
Notice Website Form Participation Agreement
Form Participation Agreement for Website Publications 5
FORM PARTICIPATION AGREEMENT FOR PUBLICATION OF LEGAL NOTICES
ON COUNTY DESIGNATED PUBLICLY ACCESSIBLE WEBSITE
LOCAL GOVERNMENT
City of Boynton Beach
By: —_
City Manager
Daniel Dugger
is day of 1 $eCe4%4,0 Z3
I HEREBY CERTIFY that I have approved this
Participation Agreement as to form and legal
sufficiency subject to execution by the
Parties:
A4A4 Citinb
Shawna G. Lamb,City Attorney
Form Participation Agreement for Website Publications 6
Exhibit F
ETS Security Requirements—Low Risk
Solicitation Title: CivicOptimize Publicly Access Website Designation
Definitions.
"Equipment"means the hardware being provided by CivicPlus,LLC,under the Agreement.
"Software" means software provided or licensed by CivicPlus, LLC, pursuant to the
Agreement or an Order,including software-as-a-service("SaaS")products.
"CivicPlus, LLC, Platform" means the web-based platform on which CivicPlus, LLC,
provides any SaaS or hosting Services under the Agreement or an Order, including any
system or other solution that stores,hosts,or transmits County or Governmental Agency
data.
All other capitalized terms not expressly defined within this exhibit shall retain the
meaning ascribed to such terms in the Agreement(and if not so defined,then the plain
language meaning appropriate to the context in which it is used).
Software Installed in County's Network. To the extent CivicPlus, LLC, provides any
Software to be installed in County's network,CivicPlus,LLC,must:
(a) advise County of all versions of any third-party software (e.g., Java, Adobe
Reader/Flash, Silverlight) to be installed and support updates for critical
vulnerabilities discovered in applicable third-party or open source software;
(b) ensure that the Software is developed based on industry standards and best
practices, including following secure programming techniques and incorporating
security throughout the Software-development life cycle;
(c) develop and maintain the Software to operate on County-supported and
approved operating systems and firmware versions;
(d) mitigate critical or high risk vulnerabilities(as defined by Common Vulnerability
and Exposures (CVE) scoring system)to the Software or CivicPlus, LLC, platform
within 30 days after patch release,notifying County of proposed mitigation steps
to be taken and timeline for resolution if CivicPlus,LLC,is unable to apply a patch
to remedy the vulnerability;
(e) ensure the Software provides for role-based access controls and runs with least
privilege access,enables auditing by default for any privileged access or changes,
and supports electronic delivery of digitally signed upgrades from CivicPlus,LLC,'s
or the third-party licensor's website;
(f) ensure the Software is not within three (3) years from its end of life date and
provide County with end-of-life-schedules for all applicable Software;
(g) support encryption using at a minimum Advanced Encryption Standard 256-bit
encryption keys("AES-256")or current industry security standards,whichever is
higher,for confidential data at rest and use transport layer security(TLS)1.2 or
Form Participation Agreement for Website Publications Page 39 of 41
current industry standards,whichever is higher,for data in motion;and
(h) upon request by County or Governmental Agency, provide an attestation letter
identifying date of the most recent security vulnerability testing performed and
any vulnerabilities identified and mitigated(must be dated within six(6)months
after any major release).
Equipment Leased or Purchased from Contractor. To the extent CivicPlus, LLC, is the
Original Equipment Manufacturer(OEM) or an authorized reseller for the OEM for any
Equipment provided under this Agreement or an Order, CivicPlus,LLC,must:
(a) ensure that physical security features to prevent tampering are included in any
Equipment provided to County or Governmental Agency and ensure, at a
minimum, industry-standard security measures are followed during the
manufacture of the Equipment;
(b) ensure any Equipment provided does not contain any embedded remote-control
features unless approved in writing by County's Contract Administrator or
Governmental Agency's Contract Manager,as applicable,and disclose any default
accounts or backdoors that exist for access to County or Governmental Agency's
network;
(c) shall supply a patch, firmware update, or workaround approved in writing by
County's Contract Administrator or Governmental Agency's Contract Manager,as
applicable, within thirty (30) days after identification of a new critical or high
security vulnerability and notify County or Governmental Agency of proposed
mitigation steps taken;
(d) develop and maintain Equipment to interface with County-supported or
Governmental Agency-supported and approved operating systems and firmware
versions;
(e) upon request by County or Governmental Agency, make available any required
certifications as may be applicable per compliance and regulatory requirements
(e.g.,Common Criteria,Federal Information Processing Standard 140);
(f) ensure the Equipment is not within three(3)years from its end-of-life date at the
time of delivery and provide County with end-of-life-schedules for all applicable
Equipment;
(g) (for OEMs only) support electronic delivery of digitally signed upgrades of any
applicable Equipment firmware from CivicPlus, LLC,'s or the original Equipment
manufacturer's website;and
(h) (for OEMs only) upon request by County or Governmental Agency, provide an
attestation letter identifying date of the most recent security vulnerability testing
performed and any vulnerabilities identified and mitigated(must be dated within
six(6)months after any major release).
SaaS or Hosting Services. CivicPlus, LLC, must use reasonable efforts to immediately
notify County and the applicable Governmental Agency of any information security
breach or unauthorized access or modification of County or Governmental Agency data.
Form Participation Agreement for Website Publications Page 40 of 41
Exhibit G
Form Proof of Publication
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared(name),who on oath states that he or she
is of Palm Beach County, Florida; that the attached copy of advertisement being a (insert
description) in the matter of(insert caption) in the (insert court) Court, was published on the
publicly accessible website of Palm Beach County,Florida,or in a newspaper by print in the issues
of(insert info)on(insert date).
Affiant further says that the website or newspaper complies with all legal requirements for
publication in Chapter 50, Florida Statutes.
Sworn to and subscribed before me by means of , physical presence or c online notarization,
this— day of ,202_.
(SEAL)
Notary Public,State of Florida
Commission Expires:
(date or apply stamp)
Personally Known
OR
Produced Identification
Type of Identification Produced:
STATE OF FLORIDA,COUNTY OF PALM BEACH
I,JOSEPH ABRUZZO,Clerk of'ho t(��yuit Court&
.
Comptroller certify this to b a_4•14!r poftglicopy
of the original filed in my n4f 4
on ¢Vt::__P 1 (lir '
dat:_ ^t`ve,*P'Ii Be. :vL T► ;!
—x'
By / if, I
Dep, rkP(ORtoo, `O
Form Participation Agreement for Website Publications Page 41 of 41
IN WITNESS WHEREOF, the Parties hereto have made and executed this Order, effective
as of the date the last party signs this Order.
City of Boynton Beach, FL:
ATTEST:
=� gOYNTp %
4 (714erz 4,
Daniel Dugger, City Manager vSEAL
�INcoRpIR
/��a:Iz WJ c �.••1920°
Print Name '� '•••••••'•
\ FZORIDP
J day of loer, 20 2 3
I HEREBY CERTIFY that I have approved this
Order as to form and legal sufficiency subject
to execution by thle Parties:
.shia4a ued. ovine
Shawna G. Lamb, City Attorney
Contractor
,46WA/1 21-W lin
Signature
Senior VP of Customer Success
Title
Amy Vikander
Print/Type Name
Form Participation Agreement for Website Publications Page 32 of 42