R21-093 1 RESOLUTION NO.R21-093
2
3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA,
4 APPROVING THE RANKING AND AUTHORIZING THE CITY
5 MANAGER TO SIGN A PROFESSIONAL SERVICES AGREEMENT
6 WITH METROPOLITAN CENTER, FLORIDA INTERNATIONAL
7 UNIVERSITY OF MIRAMAR,FL AS A RESULT OF RFP NO.021-2419-
8 21 IN THE AMOUNT OF $75,000.00 FOR ECONOMIC
9 DEVELOPMENT PLAN SERVICES; AND PROVIDING AN
10 EFFECTIVE DATE.
11
12 WHEREAS,on May 13,2021,Procurement Services received and opened four(4)
13 proposals in response to the RFP for Economic Development Plan Services;and
14 WHEREAS, the RFP was advertised to invite Proposers to provide pricing for
15 economic development research and planning, public policy analysis and development,
16 economic analysis, fiscal analysis and industry, labor force and commercial real estate
17 trends analyses;and
18 WHEREAS,the Selection Committee is unanimously recommending to award the
19 Agreement to Metropolitan Center,Florida International University as the highest-ranked
20 qualified firm; and
21 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation
22 of staff,deems it to be in the best interest of the citizens and residents to approve the ranking and
23 authorize the City Manager to sign a Professional Services Agreement with Metropolitan
24 Center,Florida International University,of Miramar,FL as a result of RFP No.021-2419-
25 21 in the amount of$75,000.00 for Economic Development Plan services.
26 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE
27 CITY OF BOYNTON BEACH,FLORIDA,THAT:
28 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
29 being true and correct and are hereby made a specific part of this Resolution upon adoption.
30 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
S:\CA\RESO\Agreements\Approve Ranking and Agreement for Economic Development Plan Services-Reso.docx
31 approves the ranking and authorizes the City Manager to sign a Professional Services
32 Agreement with Metropolitan Center,Florida International University,of Miramar,FL as
33 a result of RFP No.021-2419-21 in the amount of$75,000.00 for Economic Development
34 Plan services. A copy of the Agreement is attached hereto and incorporated herein as Exhibit
35 "A".
36 Section 3. That this Resolution shall become effective immediately.
37 PASSED AND ADOPTED this 3rd day of August,2021.
38 CITY OF BOYNTON BEACH,FLORIDA
39
40 YES NO
41
42 Mayor—Steven B. Grant ✓
43
44 Vice Mayor—Woodrow L.Hay
45
46 Commissioner—Justin Katz
47
48 Commissioner—Christina L.Romelus
49
50 Commissioner—Ty Penserga abler
5
52
VOTE
53 ATTEST:
54
55 ///I //A/Al_h1/4I (Opti
56 Tammy Stanzio'•
57 Deputy City C -rk
58
59
60 (Corporate Seal)
tO• t ti t •
S:\CA\RESO\Agreements\Approve Ranking and Agreement for Economic Development Plan Services-Reso.docx
R21-093
PROFESSIONAL SERVICES AGREEMENT FOR
ECONOMIC DEVELOPMENT PLAN
THIS AGREEMENT is entered into between the CITY of Boynton Beach, hereinafter referred to as
"CITY", and Metropolitan Center, Florida International University, hereinafter referred to as
"CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
WHEREAS, pursuant to Section 287.055, Florida Statutes, the CITY of Boynton Beach solicited
proposals for a non-exclusive contract to perform professional planning services, and
WHEREAS, THE CITY issued a REQUEST FOR PROPOSALS FOR ECONOMIC
DEVELOPMENT PLAN, RFP No. 021-2419-21; and
WHEREAS, RFP No. 021-2419-21 defined Scope of Services for Economic Development Plan;
and
WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform
the scope of services set forth in RFP No. 021-2419-21; and
WHEREAS, the City Commission on August 3, 2021, determined that CONSULTANT was
qualified for appointment to perform the scope of services set forth in the REQUEST FOR PROPOSALS;
and
NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties
agree as follows:
ARTICLE 1 - SERVICES
1.1 CONSULTANT agrees to perform ECONOMIC DEVELOPMENT PLAN services outlined
in RFP No. 021-2419-21 and incorporated herein: Sections "RESPONSIBILITIES".
RESPONSIBILITIES
A. Offer policy recommendations and strategies that will maximize our economic assets and
overcome any challenges that currently impede the City's competitiveness in attracting,
retaining, and developing high-growth industries.
B. Offer policies and strategies that will stimulate (re)development and strengthen
commercial centers and corridors.
C. Identify current and potential economic assets, placemaking locations, and real estate
that have the best opportunity to become economic engines and catalysts for the City.
D. Offer strategies and policy recommendations that will help the City attract and retain
retail companies, diversify the City's retail sector and lower commercial vacancy rates.
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
E. Develop a strategic economic development action plan that includes specific policy
recommendations and implementation strategies to attract high-growth industries,
strengthen and diversify the City's retail market, support small businesses, and capitalize
on opportunities and assets, including economic generators and catalysts that exist in
the City and region.
The CITY's Representative during the performance of this Contract shall be
John Durgan, Economic Development Specialist telephone (561) 742-6014.
The CONSULTANT'S Representative during the performance of the Contract shall be Maria
Ilcheva, Assistant Director of Planning and Operations telephone (954) 438-8652.
ARTICLE 2 -TERM
2.1 The initial Contract period shall be for an initial term of one (1) year, commencing on
August 11, 2021. The City reserves the right to renew the contract for three (3) additional
one (1) year periods, under the same terms, conditions. The Services to be performed
during the initial one (1) year term will be governed by this Agreement, and that there is
no guarantee of future work being given to the Consultant.
2.2 In the event that services are scheduled to end either by contract expiration or by
termination by the CITY (at the CITY's discretion), the CONSULTANT shall continue the
services, if requested by the CITY, or until task or tasks is/are completed. At no time shall
this transitional period extend more than one-hundred and eighty (180) calendar days
beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed
for this service at the rate in effect when this transitional period clause was invoked by the
CITY.
ARTICLE 3 -TIME OF PERFORMANCE
3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to
the CONSULTANT by way of a purchase order and delivered to CONSULTANT.
CONSULTANT shall perform all services and provide all work products required pursuant
to this Agreement within the time period set forth in the purchase order.
ARTICLE 4 - PAYMENT
4.1 PAYMENT. The Professional shall be paid by the City for completed work and for services
rendered under this agreement as follows:
A. Payment for the work provided by the Professional shall be made promptly on all
invoices submitted to the City properly and in accordance with "PRICE
PROPOSAL".
B. The Professional may submit invoices to the City during the progress of the
contract term. Such invoices will be reviewed by the City, and upon approval
thereof, payment will be made to the Professional in the amount approved.
C. Final payment of any balance due to the Professional of the total price earned will
be made promptly upon its ascertainment and verification by the City after the
completion of the work under this Agreement and its acceptance by the City.
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
D. The payment as provided in this section by the CITY shall be full compensation for
work performed, services rendered, and for all materials, supplies, equipment, and
incidentals necessary to complete the work.
E. The Professional's records and accounts pertaining to this agreement are to be
kept available for inspection by representatives of the City and State for a period
of three (3) years after the termination of the Agreement. Copies shall be made
available upon request
ARTICLE 5 -OWNERSHIP AND USE OF DOCUMENTS
5.1 Upon completion of the project and final payment to CONSULTANT, all documents,
drawings, specifications, and other materials produced by the CONSULTANT in
connection with the services rendered under this agreement shall be the property of the
CITY whether the project for which they are made is executed or not. Notwithstanding the
foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other
design copies, including reproducible copies, of drawings and specifications for
information, reference, and use in connection with CONSULTANT's endeavors. Any use
of the documents for purposes other than as originally intended by this Agreement,without
the written consent of CONSULTANT, shall be at the CITY's sole risk and without liability
to CONSULTANT and CONSULTANT'S sub-CONSULTANTS.
ARTICLE 6 - FUNDING
6.1 This Agreement shall remain in full force and effect only as long as the expenditures
provided in the Agreement have been appropriated by the CITY in the annual budget for
each fiscal year of this Agreement and is subject to termination based on lack of funding.
ARTICLE 7 -WARRANTIES AND REPRESENTATIONS
7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the
scope of services contemplated under this Agreement and that it will retain and assign
qualified professionals to all assigned projects during the term of this Agreement.
CONSULTANT's services shall meet a standard of care for TREE PLANTING SERVICES.
In submitting its response to the RFP, CONSULTANT has represented to CITY that certain
individuals employed by CONSULTANT shall provide services to CITY pursuant to this
Agreement. CITY has relied upon such representations. Therefore, CONSULTANT shall
not change the designated Project Manager for any project without the advance written
approval of the CITY, which consent may be withheld in the sole and absolute discretion
of the CITY.
ARTICLE 8 - COMPLIANCE WITH LAWS
8.1 CONSULTANT shall, in performing the services contemplated by this Service Agreement,
faithfully observe and comply with all federal, state, and local laws, ordinances, and
regulations that are applicable to the services to be rendered under this Agreement.
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
ARTICLE 9 - INDEMNIFICATION
9.1 CONSULTANT shall indemnify and hold harmless the CITY, its offices, agents and
employees, from and against any and all claims, losses or liability, or any portion thereof,
including attorney's fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to CONSULTANT's own employees, or damage to
property occasioned by a negligent act, omission of the CONSULTANT. Neither party to
this Agreement shall be liable to any third party claiming directly or through the other
respective party, for any special, incidental, indirect, or consequential damages of any
kind, including but not limited to lost profits or use that may result from this Agreement or
out of the services or goods furnished hereunder.
ARTICLE 10 - INSURANCE
10.1 During the performance of the services under this Contract, CONSULTANT shall maintain
the following insurance policies, and provide originals or certified copies of all policies, and
shall be written by an insurance company authorized to do business in Florida.
A. Worker's Compensation Insurance: The CONSULTANT shall procure and
maintain for the life of this Contract, Worker's Compensation Insurance covering
all employees with limits meeting all applicable state and federal laws. This
coverage shall include Employer's Liability with limits meeting all applicable state
and federal laws. This coverage must extend to any sub-CONSULTANT that does
not have their own Worker's Compensation and Employer's Liability Insurance.
The policy must contain a waiver of subrogation in favor of the CITY of Boynton
Beach, executed by the insurance company.
B. Comprehensive General Liability: The CONSULTANT shall procure and maintain
for the life of this Contract, Comprehensive General Liability Insurance. This
coverage shall be on an"Occurrence" basis. Coverage shall include Premises and
Operations; Independent consultants, Products-Completed Operations and
Contractual Liability with specific reference to Article 7, "Indemnification" of this
Agreement. This policy shall provide coverage for death, personal injury, or
property damage that could arise directly or indirectly from the performance of this
Agreement. CONSULTANT shall maintain a minimum coverage of$1,000,000 per
occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per
occurrence/aggregate for property damage. The general liability insurance shall
include the CITY as an additional insured and shall include a provision prohibiting
cancellation of the policy upon thirty (30) days prior written notice to the CITY.
C. Business Automobile Liability: The CONSULTANT shall procure and maintain, for
the life of this Contract, Business Automobile Liability Insurance. The
CONSULTANT shall maintain a minimum amount of$1,000,000 combined single
limit for bodily injury and property damage liability to protect the CONSULTANT
from claims for damage for bodily and personal injury, including death, as well as
from claims for property damage, which may arise from the ownership, use of
maintenance of owned and non-owned automobile, included rented automobiles,
whether such operations be by the CONSULTANT or by anyone directly or
indirectly employed by the CONSULTANT.
D. Professional Liability(Errors and Omissions) Insurance: The CONSULTANT shall
procure and maintain for the life of this Contract in the minimum amount of
$1,000,000 per occurrence
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
ARTICLE 11 - INDEPENDENT CONSULTANT
11.1 CONSULTANT is an independent CONSULTANT with respect to the services provided
pursuant to this Agreement. Nothing in this Agreement shall be considered to create the
relationship of employer and employee between the parties hereto. Neither
CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits
accorded CITY employees by virtue of the services provided under this Agreement. The
CITY shall not be responsible for withholding or otherwise deducting federal income tax
or social security or for contributing to the state industrial insurance program, otherwise
assuming the duties of an employer with respect to CONSULTANT, or any employee of
CONSULTANT.
ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES
12.1 The CONSULTANT warrants that he has not employed or retained any company or
person, other than a bonafide employee working solely for the CONSULTANT, to solicit
or secure this Agreement, and that he has not paid or agreed to pay any company or
person, other than a bonafide employee working solely for the CONSULTANT, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon
or resulting from the award or making of this Agreement. For breach or violation of this
warranty, the CITY shall have the right to annul this Agreement without liability or, in its
discretion to deduct from the contract price or consideration, or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE 13 —TRUTH-IN-NEGOTIATION CERTIFICATE
13.1 Execution of this Agreement by the CONSULTANT shall act as the execution of a truth-
in-negotiation certificate certifying that the wage rates and costs used to determine the
compensation provided for in this Agreement is accurate, complete, and current as of the
date of the Agreement and no higher than those charged the CONSULTANT's most
favored customer for the same or substantially similar service.
13.2 The said rates and costs shall be adjusted to exclude any significant sums should the
CITY determine that the rates and costs were increased due to inaccurate, incomplete, or
non-current wage rates or due to inaccurate representations of fees paid to outside
CONSULTANTs. The CITY shall exercise its rights under this "Certificate" within one (1)
year following payment.
ARTICLE 14 - DISCRIMINATION PROHIBITED
14.1 The CONSULTANT,with regard to the work performed by it under this Agreement, will not
discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the
presence of any physical or sensory handicap in the selection and retention of employees
or procurement of materials or supplies.
ARTICLE 15 -ASSIGNMENT
15.1 The CONSULTANT shall not sublet or assign any of the services covered by this
Agreement without the express written consent of the CITY.
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
ARTICLE 16 - NON-WAIVER
16.1 A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be
binding upon the waiving party unless such waiver is in writing. In the event of a written
waiver, such a waiver shall not affect the waiving party's rights with respect to any other
or further breach. The making or acceptance of a payment by either party with knowledge
of the existence of a default or breach shall not operate or be construed to operate as a
waiver of any subsequent default or breach.
ARTICLE 17 —TERMINATION
17.1 Termination for Convenience: This Agreement may be terminated by the CITY for
convenience, upon ten (10) days of written notice by the terminating party to the other
party for such termination in which event the CONSULTANT shall be paid its
compensation for services performed to the termination date, including services
reasonably related to termination. In the event that the CONSULTANT abandons the
Agreement or causes it to be terminated, the CONSULTANT shall indemnify the CITY
against loss pertaining to this termination.
ARTICLE 18 - DISPUTES
18.1 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated
within the courts of Florida. Further, this Agreement shall be construed under Florida Law.
ARTICLE 19— UNCONTROLLABLE FORCES
19.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Agreement
if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of
which, by the exercise of reasonable diligence, the non-performing party could not avoid.
The term "Uncontrollable Forces" shall mean any event which results in the prevention or
delay of performance by a party of its obligations under this Agreement and which is
beyond the reasonable control of the non-performing party. It includes, but is not limited
to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance,
sabotage, and governmental actions.
19.2 Neither party shall, however, be excused from performance if non-performance is due to
forces which are preventable, removable, or remediable, and which the non-performing
party could have, with the exercise of reasonable diligence, prevented, removed, or
remedied with reasonable dispatch. The non-performing party shall, within a reasonable
time of being prevented or delayed from the performance by an uncontrollable force, give
written notice to the other party describing the circumstances and uncontrollable forces
preventing the continued performance of the obligations of this Agreement.
ARTICLE 20 - NOTICES
Notices to the CITY of Boynton Beach shall be sent to the following address:
City of Boynton Beach
Attn: Lori LaVerriere, City Manager
100 E. Ocean Avenue
Boynton Beach, FL 33435
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
Notices to CONSULTANT shall be sent to the following address:
Consultant: Metropolitan Center, Florida International
University
ADDRESS: 1930 SW 145 Ave, 339
CITY/STATE/ZIP: Miramar, FL 33027
Attn: Maria Ilcheva
Tel: 954-438-8652
Fax:
Email: milcheva@fiu.edu
ARTICLE 21 - INTEGRATED AGREEMENT
21.1 This Agreement, together with the RFP and any addenda and/or attachments, represents
the entire and integrated agreement between the CITY and the CONSULTANT and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both CITY and
CONSULTANT.
ARTICLE 22 - SOVEREIGN IMMUNITY
22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity.
Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or
modify the immunities and limitations on liability provided for in Section 768.28, Florida
Statute, as may be amended from time to time, or any successor statute thereof. To the
contrary, all terms and provisions contained in the Agreement, or any disagreement or
dispute concerning it, shall be construed or resolved so as to ensure CITY of the limitation
from liability provided to any successor statute thereof. To the contrary, all terms and
provisions contained in the Agreement, or any disagreement or dispute concerning it, shall
be construed or resolved so as to ensure CITY of the limitation from liability provided to
the State's subdivisions by state law.
22.2 In connection with any litigation or other proceeding arising out of the Agreement, each
party shall be entitled to recover its own costs and attorney fees through and including any
appeals and any post-judgment proceedings. CITY's liability for costs and attorney's fees,
however, shall not alter or waive CITY's entitlement to sovereign immunity or extend
CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as
amended.
A. Claims, disputes, or other matters in question between the parties to this Agreement
arising out of or relating to this Agreement shall be in a court of law. The CITY does
not consent to mediation or arbitration for any matter connected to this Agreement.
B. The parties agree that any action arising out of this Agreement shall take place in Palm
Beach County, Florida.
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
ARTICLE 23—PUBLIC RECORDS
23.1 Sealed documents received by the CITY in response to an invitation are exempt from
public records disclosure until thirty(30) days after the opening of the Bid unless the CITY
announces intent to award sooner, in accordance with Florida Statutes 119.07.
The City is a public agency subject to Chapter 119, Florida Statutes. The CONSULTANT
shall comply with Florida's Public Records Law. Specifically, the CONSULTANT shall:
A. Keep and maintain public records required by the CITY to perform the service;
B. Upon request from the CITY's custodian of public records, provide the CITY with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat. or as otherwise provided by law;
C. Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the contract term and, following completion of the contract,
CONSULTANT shall maintain in a secured manner all copies of such confidential and
exempt records remaining in its possession once the CONSULTANT transfers the
records in its possession to the CITY; and
D. Upon completion of the contract, Consultant shall transfer to the CITY, at no cost to
the CITY, all public records in CONSULTANT'S possession. All records stored
electronically by CONSULTANT must be provided to the CITY, upon request from the
CITY's custodian of public records, in a format that is compatible with the information
technology systems of the CITY.
E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF
PUBLIC RECORDS:
CRYSTAL GIBSON, CITY CLERK
100 E. OCEAN AVENUE
BOYNTON BEACH, FLORIDA, 33435
TELEPHONE: 561-742-6061
GIBSONC@BBFL.US
ARTICLE 24—SCRUTINIZED COMPANIES 287.135 and 215.473
24.1 By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott
of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that
Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or
has CONSULTANT 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 CONSULTANT of the CITY's determination concerning the false certification.
CONSULTANT 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,
CONSULTANT 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 CONSULTANT does not demonstrate that the CITY's determination of false
certification was made in error then the CITY shall have the right to terminate the contract
and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from
time to time.
ARTICLE 25— E-VERIFY
25.1 Contractor certifies that it is aware of and complies with the requirements of Section
448.095, Florida Statutes, as may be amended from time to time and briefly described
hereinbelow.
25.1.1 Definitions for this Section:
"Contractor" means a person or entity that has entered or is attempting to enter
into a contract with a public employer to provide labor, supplies, or services to
such employer in exchange for a salary, wages, or other remuneration.
"Contractor" includes, but is not limited to, a vendor or consultant.
"Subcontractor" means a person or entity that provides labor, supplies, or
services to or for a contractor or another subcontractor in exchange for a
salary, wages, or other remuneration.
"E-Verify system" means an Internet-based system operated by the United
States Department of Homeland Security that allows participating employers
to electronically verify the employment eligibility of newly hired employees.
25.1.2 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. The contractor shall
register for and utilize the U.S. Department of Homeland Security's E-Verify
System to verify the employment eligibility of:
A. All persons employed by a Contractor to perform employment
duties within Florida during the term of the contract; and
B. All persons (including sub-vendors/sub-consultants/sub-
contractors)assigned by Contractor to perform work pursuant to the
contract with the City of Boynton Beach. The Contractor
acknowledges and agrees that registration and use of the U.S.
Department of Homeland Security's E-Verify System during the
term of the contract is a condition of the contract with the City of
Boynton Beach; and
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
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. The 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.
THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK.
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN
This Agreement may be signed by the parties in counterparts which together shall constitute one and
the same agreement among the parties. A facsimile signature shall constitute an original signature for
all purposes.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year set forth below their respective signatures.
IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple
copies, each of which shall be considered an original on the following dates:
DATED this day of , 2021.
CITY OF BOYNTON BEACH METROPOLITAN CENTER,
FLORIDA INTERNATIONAL UNIVERSITY
City Manager Signature/ Name
Attest/Authenticated:
Title
(Corporate Seal)
City Clerk
Approved as to Form: Attest/Authenticated:
Office of the City Attorney Witness
RFP No. 021-2419-21 ECONOMIC DEVELOPMENT PLAN