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R25-194 1 RESOLUTION NO. R25-194 2 3 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON 4 BEACH, FLORIDA, AWARDING REQUEST FOR PROPOSAL NO. 25- 5 PLDEV-012R FOR PUBLIC ART MASTER PLAN CONSULTING SERVICES 6 TO MACHINIC, LLC D/B/A FUTUREFORMS, AND APPROVING AN 7 AGREEMENT BETWEEN THE CITY AND MACHINIC, LLC D/B/A 8 FUTUREFORMS FOR $75,400, PLUS A 10% ALLOWANCE OF $7,540, 9 FOR A TOTAL NOT-TO-EXCEED AMOUNT OF $82,940; AND FOR ALL 10 OTHER PURPOSES. 11 12 WHEREAS, on February 12, 2025, the City issued Request for Proposal ("RFP") No. 13 PLDEV25-012R to procure a consultant for the Public Art Master Plan Review; and 14 WHEREAS, when the solicitation closed on March 12, 2025, the City received five (5) 15 proposals; and 16 WHEREAS, an evaluation committee was convened to review and score the submissions, 17 resulting in a shortlist of the top two proposers: Machinic, LLC d/b/a Futureforms and Designing 18 Local; and 19 WHEREAS, on April 7, 2025, both firms delivered presentations to the evaluation 20 committee; and 21 WHEREAS, based on the presentations and overall evaluation, Machinic, LLC d/b/a 22 Futureforms was determined to provide the most advantageous proposal for the City; and 23 WHEREAS, the City Commission, upon the recommendation of staff, has deemed it in the 24 best interests of the City's citizens and residents to award RFP No. 25-PLDEV-012R for Public Art 25 Master Plan Consulting Services to Machinic, LLC d/b/a Futureforms , and approve an Agreement 26 between the City and Machinic, LLC d/b/a Futureforms for $75,400, plus a 10% allowance of 27 $7,540, for a total not-to-exceed amount of$82,940. 28 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON 30 BEACH, FLORIDA, THAT: 31 SECTION 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption. 33 SECTION 2. The City Commission of the City of Boynton Beach, Florida, does hereby 34 award RFP No. 25-PLDEV-012R for Public Art Master Plan Consulting Services to Machinic, LLC 35 d/b/a Futureforms . 36 SECTION 3. The City Commission of the City of Boynton Beach, Florida, does hereby 37 approve an Agreement between the City and Machinic, LLC d/b/a Futureforms for $75,400, plus a 38 10% allowance of$7,540, for a total not-to-exceed amount of $82,940 (the "Agreement"), in form 39 and substance similar to that attached as Exhibit A. 40 SECTION 4. The City Commission of the City of Boynton Beach, Florida, hereby 41 authorizes the Mayor to execute the Agreement. The Mayor is further authorized to execute any 42 ancillary documents required under the Agreement or necessary to accomplish the purposes of 43 the Agreement, including any term extensions as provided in the Agreement, provided such 44 documents do not modify the financial terms or material terms. 45 SECTION 5. The City Clerk shall retain the fully executed Agreement as a public record 46 of the City. A copy of the fully executed Agreement shall be provided to Andrew Rozwadowski to 47 forward to the Consultant. 48 SECTION 6. This Resolution shall take effect in accordance with the law. 49 50 51 52 [SIGNATURES ON THE FOLLOWING PAGE] 53 54 PASSED AND ADOPTED this fdayof c l(Lk 2025. J 55 CITY OF BOYNTON BEACH, FLORIDA 56 YE� NO 57 Mayor— Rebecca Shelton 58 1/- 59 59 Vice Mayor—Woodrow L. Hay 60 61 Commissioner—Angela Cruz 62 / 63 Commissioner—Thomas Turkin ✓ 64 65 Commissioner—Aimee Kelley 66 67 VOTE -(� 6• A TE 6' I / 70 , I'� j71 71 Mayle4 Deesus, MPA„f6MC Rebecca Shelton 72 City Clerk --%0Y N TO4`‘ ` Mayor 73 i cpRP�RgjF.�.C\ 74 ~� SEAL ") ,' APPROVED AS TO FORM: 75 (Corporate Seal) ; . •_ 76 �� •INCORPORATED: +, .,• 192 0 •77 4e1.414 ( e I OVia/ne 78 \�FCORID Shawna G. Lamb 79 City Attorney AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND MACHINIC LLC, dba FUTUREFORMS PUBLIC ART MASTER PLAN This Agreement is entered into by and between the 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, Florida 33435, hereinafter referred to as "City", and Machinic, LLC dba Futureforms, a California Limited Liability Company with a principal address of 2325 Third Street, Suite 229, San Francisco, California 94107, hereinafter referred to as "Consultant," each a "Party" and collectively the "Parties". WHEREAS the City issued Request for Proposals No. 25-PLDEV-012R (the "RFP") pursuant to state and local law to solicit proposals for Public Art Master Plan Consulting Services (the "Services"); and WHEREAS Consultant responded to the RFP by submitting its Proposal dated March 12, 2025 (the"Proposal"), and WHEREAS the City created an evaluation committee, reviewed all proposals response and scored the proposals in accordance with the criteria outline in the RFP; and WHEREAS the City selected Consultant as the best qualified to perform the Services; and WHEREAS the City desires to engage Consultant to provide such services to the City according to the terms and subject to the conditions set forth in this Agreement. NOW THEREFORE, City and Consultant, in consideration of the mutual covenants and promises as hereinafter set forth and of the faithful performance of such covenants and conditions, the City and Consultant do hereby agree as follows: ARTICLE 1. SCOPE OF SERVICES Consultant shall provide all labor, materials, equipment, services, and incidentals necessary to fulfill the type of services and tasks and provide all deliverables described in the Scope of Services, Deliverables, Schedule, and Fees attached hereto as Exhibit A (which services are hereinafter referred to as the "Services"). The Services are broken up into "Tasks," as Exhibit A describes. The terms and conditions of RFP PLDEV 25-012R and Consultant's proposal are expressly incorporated into this Agreement by reference. Any conflict or discrepancy between the terms of this Agreement, RFP No. PLDEV 25-012R, and Consultant's proposal, shall be resolved pursuant to the following order of precedence (1) this Agreement, (2) Request for Proposal No. PLDEV25-012R, and 3. Consultant's proposal. ARTICLE 2. TERM a. Commencement of Work and Project Timeline. Services under this Agreement shall commence upon the City giving written notice to the Consultant to proceed and shall continue until the completion of all Services. Consultant shall perform and provide each Task and deliverable required by this Agreement in accordance with the timelines set forth in Exhibit A, with a commitment to deliver the entire plan by January 31, 2026. Time is of the essence for the Consultant's performance of the duties, obligations, and responsibilities required by this Agreement. b. Delays; Untimely Performance. i. Delays; No Fault of Consultant. If Consultant is unable to timely complete all or any portion of the Services because of delays resulting from untimely review by the City or other governmental agencies having jurisdiction over the project and such delays are not the fault of Consultant, or because of delays caused by factors outside the control of Consultant, the City shall grant a reasonable extension of time for completion of the Services. It shall be the responsibility of the Consultant to notify the City in writing whenever a delay in approval by a governmental agency is anticipated or experienced and whenever a delay has been caused by factors outside of the Consultant's control and to inform the City of all facts and details related to the delay. Consultant must provide such written notice to the City within three (3) business days after the occurrence of the event causing the delay. ii. Delays Due to Consultant. If the Consultant fails to substantially complete the Services in whole or in part on or before the date established for each Task, the Consultant shall pay the City its proportional share of any claim for damages arising out of the delay. This section shall not affect either Party's indemnification rights or obligations otherwise outlined in this Agreement. ARTICLE 3. COMPENSATION. a. Compensation. As compensation for Services rendered by the Consultant to the City for the faithful performance of the Contract, in lawful money of the United States of America as provided in the Fee Schedule per Task in Exhibit B. Fees shall be invoiced on a per-task basis after conclusion of all work associated with the applicable Task, delivery of appropriate deliverables, and written approval by the Director of Planning and Development or designee. The Fees as agreed upon shall be the sole compensation paid to the Consultant in connection with the performance of Services. b. Subconsultant Fees. The Consultant shall bill the City for subconsultant fees with no markup and within any applicable maximum not-to-exceed amount. ARTICLE 4. NOTICES. All Notices to the City shall be in writing by certified mail return receipt requested, or customarily used overnight transmission with proof of delivery, sent to: City: Daniel Dugger, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Copy: Shawna G. Lamb, City Attorney City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010 / Facsimile: (561) 742-6090 Consultant: Nataly Gattegno, Co-Founder, & Design Principal Machinic LLC., dba FutureForms 2325 Third Street, Suite 229 San Francisco, California 94107 Telephone: 415-255-4879 Email: nataly@futureforms.us ARTICLE 5. INVOICES AND PAYMENT. Invoices must identify the PO number, Task Order project description, and should be mailed to: Boynton Beach Finance Department Attn: Accounts Payable P.O. Box 310 Boynton Beach, FL 33425 Invoices shall show the nature of the service and the dates of service. Invoices may be submitted after such services are performed and approved by the Director of Planning and Development or designee, and such written approval shall accompany any invoice submitted for payment; however, all services rendered before September 30th of any given year must be invoiced by September 30th of that year. The fee shall be paid based on receipt of a proper invoice. Payment will be made within 45 days of receipt of a proper invoice in accordance with the Local Government Prompt Payment Act, Section 218.70, et al., Florida Statutes. No payment made under this Agreement shall be conclusive evidence of the performance of this Agreement by Consultant, either wholly or in part, and no payment shall be construed to be an acceptance of or to relieve Consultant of liability for the defective, faulty, or incomplete rendition of the Services. ARTICLE 6.TAX EXEMPT. Prices applicable to the City do not include applicable state and local sales, use, and related taxes. The City is exempt from state and local sales and use taxes and shall not be invoiced for the same. The City will provide the Consultant with proof of tax-exempt status upon request. ARTICLE 7. SOVEREIGN IMMUNITY. Nothing contained in this Agreement nor contained herein shall be considered nor construed to waive the City's rights and immunities under the common law or section 768.28, Florida Statutes, as may be amended. ARTICLE 8.ATTORNEY'S FEES. If either Party brings suit to enforce the Agreement, each Party shall bear its own attorney's fees and court costs. ARTICLE 9. PUBLIC RECORDS. 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 when utilizing non-City-owned equipment. 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 destroy 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 compatible with the City's information technology systems. 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: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CitvClerk(c bbfl.us ARTICLE 10. DISCRIMINATORY VENDOR AND SCRUTINIZED COMPANIES LISTS; COUNTRIES OF CONCERN. Consultant represents that it has not been placed on the "discriminatory vendor list" as provided in Section 287.134, Florida Statutes, and that it is not a "scrutinized company" pursuant to Sections 215.473 or 215.4725, Florida Statutes. Consultant represents and certifies that it is not, and for the duration of the Term, will not be, ineligible to contract with City on any of the grounds stated in Section 287.135, Florida Statutes. Consultant represents that it is, and for the duration of the term will remain, in compliance with Section 286.101, Florida Statutes. ARTICLE 11. E-VERIFY. Consultant shall comply with Section 448.095, Fla. Stat., "Employment Eligibility," including registering and using the E-Verify system to verify the work authorization status of employees. Failure to comply with Section 448.095, Fla. Stat. shall result in termination of this Agreement. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the termination date. If this Agreement is terminated for a violation of the statute by Consultant, Consultant may not be awarded a public contract for one (1) year after the date of termination. ARTICLE 12. ENTITIES OF FOREIGN CONCERN. The provisions of this section apply only if Consultant or any subconsultant will have access to an individual's personal identifying information under this Agreement. Consultant represents and certifies: (i) Consultant is not owned by the government of a foreign country of concern; (ii) the government of a foreign country of concern does not have a controlling interest in Consultant; and (iii) Consultant is not organized under the laws of and does not have its principal place of business in, a foreign country of concern. On or before the effective date of this Agreement, Consultant and any subconsultant that will have access to personal identifying information shall submit to City executed affidavit(s) under penalty of perjury, in a form approved by City attesting that the entity does not meet any of the criteria in Section 287.138(2), Florida Statutes. Compliance with the requirements of this section is included in the requirements of a proper invoice for purposes of Section 6. Terms used in this section that are not otherwise defined in this Agreement shall have the meanings ascribed to such terms in Section 287.138, Florida Statutes. ARTICLE 13. ANTI-HUMAN TRAFFICKING. On or before the effective date of this Agreement, Consultant shall provide City with an affidavit attesting that the Consultant does not use coercion for labor or services, in accordance with Section 787.06(13), Florida Statutes. ARTICLE 14. COUNTRIES OF CONCERN. The Consultant represents that it is and will remain in compliance with Section 286.101, Florida Statutes, for the duration of the term. ARTICLE 15. PUBLIC ENTITY CRIME ACT. Consultant represents that it is familiar with the requirements and prohibitions under the Public Entity Crime Act, Section 287.133, Florida Statutes, and represents that its entry into this Agreement will not violate that Act. Consultant further represents that there has been no determination that it committed a "public entity crime" as defined by Section 287.133, Florida Statutes, and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether Consultant has been placed on the convicted vendor list. ARTICLE 16. CONTINGENCY FEE. Consultant represents and warrants that it has not employed or retained any person or entity, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement and that it has not paid or agreed to pay any person or entity, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. If this Agreement is subject to Section 287.055, Florida Statutes, the Parties agree and stipulate that the statutory language stated in Section 287.055(6)(a) is deemed included and fully incorporated herein. ARTICLE 17. TRUTH-IN-NEGOTIATION REPRESENTATION. Consultant's compensation under this Agreement is based upon its representations to City. Consultant certifies that the wage rates, factual unit costs, and other information supplied to substantiate Consultant's compensation, including, without limitation, in the negotiation of this Agreement, are accurate, complete, and current as of the date Consultant executes this Agreement. Consultant's compensation may be reduced by City, in its sole discretion,to correct any inaccurate, incomplete, or noncurrent information provided to City as the basis for Consultant's compensation in this Agreement. ARTICLE 18. DULY LICENSED. Consultant represents that it is duly licensed to perform the Services under this Agreement and will continue to maintain all licenses and approvals required to conduct its business. ARTICLE 19. FORCE MAJEURE. If the performance of this Agreement, or any obligation hereunder, is prevented by reason of hurricane, earthquake, or other casualty caused by nature, epidemic, pandemic, or other public health emergency, or by labor strike, war, or by a law, order, proclamation, regulation, ordinance of any governmental agency (collectively, "Force Majeure Event"),the Party so affected, upon giving prompt notice to the other Party, shall be excused from such performance to the extent of such prevention, provided that the affected Party shall first have taken reasonable steps to avoid and remove such cause of non-performance and shall continue to take reasonable steps to avoid and remove such cause, and shall promptly notify the other Party in writing and resume performance hereunder whenever such causes are removed; provided, however, that if such inability to perform due to the Force Majeure Event exceeds sixty (60) consecutive days, the Party that was not prevented from performance by the Force Majeure Event has the right to terminate this Agreement upon written notice to the other Party. This section shall not supersede or preclude the exercise of any right either Party may otherwise have to terminate this Agreement. ARTICLE 20. DISPUTES. Any disputes that arise between the parties regarding the performance of this Agreement and cannot be resolved through negotiations shall be submitted to a court of competent jurisdiction exclusively in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. ARTICLE 21. TERMINATION. a. Termination for Convenience. This Agreement may be terminated by either Party for convenience upon fourteen (14) calendar days of written notice. In this event, the Consultant shall be compensated for services performed through the termination date, including services reasonably related to termination. b. Termination for Cause. In addition to all other remedies available to the aggrieved Party, this Agreement shall be subject to cancellation by either Party for cause, should the other Party neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for thirty (30) calendar days after receipt by the defaulting Party of written notice of such neglect or failure. c. In the event of termination, the City shall compensate the Consultant for all authorized work satisfactorily performed through the termination date under the payment terms contained in this Agreement. Consultant shall immediately deliver all documents, written information, electronic data, and other materials concerning City projects in its possession to the City and shall cooperate in transitioning its consulting duties to appropriate parties at the direction of the City. d. Upon termination, this Agreement shall have no further force or effect, and the Parties shall be relieved of all further liability hereunder, except that the provisions of this section and the provisions regarding property rights, insurance, indemnification, governing law, and litigation shall survive termination of this Agreement and remain in full force and effect. ARTICLE 22. INDEMNIFICATION. Consultant shall indemnify and hold harmless the City and its elected and appointed officers, agents, assigns and employees, consultants, separate Consultants, any of their subconsultants, or sub-subconsultants(collectively, "Indemnified Party"), from and against claims, demands, or causes of action whatsoever, and the resulting losses, damages, costs, and expenses, including but not limited to attorneys' fees, including paralegal expenses, liabilities, damages, orders,judgments, or decrees, sustained by the Indemnified Party arising out of or resulting from (A) Consultant's performance or breach of Agreement, (B) acts or omissions, negligence, recklessness, or intentional wrongful conduct by Consultant's, its agents, employees, subcontractors, subconsultants, participants, and volunteers, and (C) Consultant's failure to take out and maintain insurance as required under this Agreement. Consultant shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits, or actions of any kind or nature against an Indemnified Party, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. The obligations of this section shall survive indefinitely regardless of termination of the Agreement. If considered necessary by the City and the City Attorney, the City may retain any sums due Consultant under this Agreement until all claims subject to this indemnification obligation have been settled or otherwise resolved. Any amount withheld shall not be subject to payment of interest by the City. ARTICLE 23. INSURANCE. At the time of execution of this Agreement, the Consultant shall provide the City with a copy of its Certificate of Insurance reflecting the following insurance coverage: a. Workers' Compensation Insurance to apply for all employees in compliance with the "Workers' Compensation Law" of the State of Florida and all applicable federal laws. In addition, the policy(ies) shall include Employer's Liability with limits of One Million Dollars ($1,000,000.00)each accident, One Million Dollars ($1,000,000.00) each condition, and One Million Dollars ($1,000,000.00) aggregate by condition. b. Comprehensive General Liability with minimum limits of One Million Dollars ($1,000,000.00) per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability shall include: Premises and/or Operations on an occurrence basis. ii. Completed Operations Liability on an occurrence basis. iii. Broad Form Property Damage. iv. Broad Form Contractual Coverage applicable to this specific Agreement, including any hold harmless and/or indemnification agreement. The Certificate of Insurance shall name the City of Boynton Beach and its officers, employees, and agents as additional insured. Consultant shall require that each subconsultant maintains insurance coverage that adequately covers the Services provided by that subconsultant on substantially the same insurance terms and conditions required of Consultant under this article. Consultant shall ensure that all such subconsultants comply with these requirements and that"and its officers, employees, and agents as additional insured" is named as an additional insured under the subconsultants' applicable insurance policies. Consultant shall not permit any subconsultant to provide Services unless and until all applicable requirements of this article are satisfied. ARTICLE 24. LIMITATION OF LIABILITY. Notwithstanding any provision of the Agreement to which it is applicable, City shall not be liable or responsible to Consultant beyond the amount remaining due to Consultant under the Agreement, regardless of whether said liability be based in tort, contract, indemnity, or otherwise; and in no event shall City be liable to Consultant for punitive or exemplary damages or lost profits or consequential damages. ARTICLE 25. INDEPENDENT CONTRACTOR. The Agreement does not create an employee/employer relationship between the Parties. The Parties intend that Consultant is an independent contractor under this Agreement and shall not be considered the City's employee for any purpose. Consultant shall not have the right to bind City to any obligation not expressly undertaken by City under this Agreement ARTICLE 26. COMPLIANCE WITH LAWS. Consultant hereby always warrants and agrees that material to the Agreement, Consultant shall perform its obligations in compliance with all applicable federal, state, and local laws, rules, and regulations, including section 501.171, Florida Statutes. Non-compliance may constitute a material breach of the Agreement. ARTICLE 27. BREACH OF REPRESENTATIONS. Consultant acknowledges that City is materially relying on the representations, warranties, and certifications of Consultant stated in its Proposal and this Agreement, and City shall be entitled to exercise any or all of the following remedies if any such representation, warranty, or certification is untrue: (a) recovery of damages incurred; (b) termination of this Agreement without any further liability to Consultant; (c) set off from any amounts due Consultant the total amount of any damage incurred; and (d) debarment of Consultant. ARTICLE 28. ASSIGNMENT. If this Agreement and any interests granted herein shall be assigned, transferred, or otherwise encumbered under any circumstances by Consultant, Consultant must gain prior written consent from City thirty (30) business days before such transfer. For purposes of this Agreement, any company ownership change shall constitute an assignment that requires the City's approval. Notwithstanding the foregoing, Consultant may, without City's consent, assign this Agreement in whole or in part as part of a corporate reorganization, consolidation, merger, or sale of substantially all its assets related to this Agreement. Consultant shall provide City written notice of any such corporate reorganization, consolidation, merger, or sale of substantially all its assets related to this Agreement within thirty (30) calendar days of such event. ARTICLE 29. NO LIEN. The Consultant shall not at any time permit any lien, attachment, or any other encumbrance under the laws of the State of Florida, or otherwise, by any person or persons whomsoever to be filed or recorded against the City, against any City property or money due or to become due for any work done or materials furnished under this Agreement by Consultant. ARTICLE 30. AGREEMENT SUBJECT TO FUNDING. The Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission of the City of Boynton Beach in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. ARTICLE 31. REPRESENTATION OF AUTHORITY. Consultant represents and warrants that this Agreement constitutes the legal, valid, binding, and enforceable obligation of Consultant and that neither the execution nor performance of this Agreement constitutes a breach of any agreement that Consultant has with any third party or violates applicable law. Consultant further represents and warrants that execution of this Agreement is within Consultant's legal powers, and each individual executing this Agreement on behalf of consultant is duly authorized by all necessary and appropriate action to do so on behalf of consultant and does so with full legal authority. ARTICLE 32. RIGHTS IN DOCUMENTS AND WORK. a. Ownership. All videos, photographs, documents, materials, data, or other work created by Consultant in connection with performing services, whether finished or unfinished ("Documents and Work"), shall be owned by City, and Consultant hereby transfers to City all right, title, and interest, including any copyright or other intellectual property rights, in or to the Documents and Work. If projects are edited at a later date when the Consultant's agreement with the City is complete, the Consultant's logo and other identifying imagery will be removed. b. Deliverables Upon Conclusion of Task Order. Consultant shall deliver to the City for approval and acceptance, and before being eligible for final payment of any amounts due under any Task Order, all documents and materials prepared for the City in connection with the Task Order. All such documents and records shall be provided within a reasonable time at no additional cost. Such documents may be provided electronically. c. Delivery Upon Expiration or Termination of Aareement. Upon expiration or termination of this Agreement, the Documents and Work shall become the property of City and shall be delivered by Consultant to City within seven (7) days after expiration or termination. Any compensation due to Consultant may be withheld until all Documents and Work are received as provided in this Agreement. Consultant shall ensure that the requirements of this section are included in all agreements with all subconsultant(s). d. Reuse of Proiect Documents. City may, at its option, reuse (in whole or in part)the resulting end-product or deliverables resulting from Consultant's Services(including, but not limited to, drawings, specifications, other documents, and services as described herein and in the applicable Scope of Services for any Task Order); and Consultant agrees to such reuse in accordance with this provision. ARTICLE 33. CONSULTANT'S STAFF. Consultant will provide the key staff identified in its Proposal if they are in Consultant's employment. Consultant will obtain prior written approval from the City to change key staff. Consultant shall provide City with such information as necessary for City to determine the suitability of proposed new key staff. City will be reasonable in evaluating key staff qualifications. If City desires to request removal of any of Consultant's staff, City shall first meet with Consultant and provide reasonable justification for said removal; upon such reasonable justification, Consultant shall use good faith efforts to remove or reassign the staff at issue. ARTICLE 34. THIRD-PARTY BENEFICIARIES. Neither Consultant nor City intends to primarily or directly benefit a third party by this Agreement. Therefore, the Parties acknowledge that there are no third-party beneficiaries to this Agreement and that no third party shall be entitled to assert a right or claim against either of them based upon this Agreement. ARTICLE 35. MATERIALITY AND WAIVER OF BREACH. Each requirement, duty, and obligation set forth in this Agreement was bargained for at arm's length and is agreed to by the Parties. Each requirement, duty, and obligation set forth in this Agreement is substantial and essential to the formation of this Agreement, and each is, therefore, a material term. City's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A waiver of any breach shall not be deemed a waiver of any subsequent breach and shall not be construed as a modification of this Agreement. To be effective, any waiver must be in writing and signed by an authorized signatory of the Party granting the waiver. ARTICLE36. COUNTERPARTS AND MULTIPLE ORIGINALS. This 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 agreement. ARTICLE 37. NON-DISCRIMINATION. Consultant and any subconsultants shall not discriminate based on race, color, sex, religion, national origin, disability, age, marital status, political affiliation, sexual orientation, pregnancy, or gender identity and expression in the performance of this Agreement. ARTICLE 38. CONTROLLING PROVISIONS. Except as otherwise specifically provided herein, in the event of any conflict between the specific provisions of this Agreement and the requirements or provisions of the RFP and/or Proposal,the provisions shall be given precedence in the following order: (1) this Agreement, (2) the RFP; and (3) the Proposal. Wherever possible, the provisions of the documents shall be construed in such a manner as to avoid conflicts between the provisions of the various documents. ARTICLE 39. ENTIRE AGREEMENT. The Agreement, including the RFP, the Proposal, and the Exhibits that are incorporated into this Agreement in their entirety, embody the entire agreement and understanding of the parties concerning the subject matter of this Agreement and supersede all prior and contemporaneous agreements and understandings, oral or written, relating to said subject matter. This Agreement may only be modified by a written amendment executed by the City and Consultant. ARTICLE 40. SEVERABILITY. If any provision of this Agreement or application thereof to any person or situation shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable, shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals the day and year first written above. CITY OF OYNTON BEACH, FLORIDA MACHINIC LLC., dba FUTUREFORMS J /V 22&24'.. Qa-"*zot" MACHINIC LLC DBA FUTUREFORMS Rebecca Shelton, Mayor (Signattrec!Company NATALY GATTEGNO Print Name of Authorized Official MANAGER Title Approved as to Form: Al.d/A j Yain6 Shawna G. Lamb, City Attorney (Corporate Seal) Attest/Authenticated: Att /Authenticated: (Signature), Witness Ili, 1:v � Maylee De�sus, ity ClerV Print Name •......,14 ,y oyIQ : .OPT E '� it ' J.•. \�,c, ,�� . Q c it EXHIBIT A SCOPE OF SERVICES, DELIVERABLES, SCHEDULE AND FEES Consultant shall provide the following services: A. Task1: Community Engagement 1. City requires digital methods of engagement to include a. Project website—developed and hosted by City with the Consultant providing materials b. Project survey c. Project mailer 2. Increase on site in person meetings to four (4) 3. Presence shall be required for the final Commission meeting and delivery of presentation to the Commission 4. Consultant shall be present at additional virtual meetings with the public. 5. Bi-weekly meeting with staff and stakeholders virtually. B. Task 2: Strategic Planning 1. Develop Public Art Master Plan PDF document that includes: a. Narrative integrating community input and ideas to establish the overall vision and map out the ats master plan relative to a larger cultural framework, key narratives, storytelling opportunities. b. Artist examples to determine possible expressions of thematic, materiality and style. c. Drawings, maps, diagrams of possible artwork locations and possible artists to consider. d. Precedents and examples for comparison relative to scale and scope of proposed extents of arts master plan. e. Public art typology diagrams, precedents and examples. Organized by scale, impact and experiential quality, with proposed locations. C. Task 3: Mapping Overlays 1. Develop drawing with multiple layers of detail showing: a. Existing artwork, permanent and temporary efforts at city scale and at sample neighborhood scales. b. Proposed artwork locations, typologies and example artists to consider at each site. c. Primary circulation and infrastructure paths. d. Call outs for future areas of development that are being considered. e. Integration of overlays into the existing city database in an editable format of both the mapping AND the Master Plan (Indesign / Illustrator files). f. Integration of overlays into Public Art Master Plan PDF document. D. Task 4: Implementation Strategy 1. Create Public Art Master Plan Guidelines a. Public Art Master Plan Guidelines will be integrated into the larger Arts Master Plan PDF document to include phasing strategies, sequencing of artwork relative to present and future urban development. b. Arts Master Plan PDF document to include fabrication and installation best practices and maintenance standards. c. Document to include RFQ and RFP strategies, resources for getting art calls to a diverse audience of local, regional, national and international artists. d. Consider funding mechanisms already present and suggest future funding opportunities to explore. Provide precedents and examples to benchmark this process. E. Task 5: Public Art Master Plan Document 1. Compile and submit final version of Public Art Master Plan document. Final deliverable shall be in a book format (print ready PDF and editable document) and delivered to the City by January 31, 2026. FEE PER TASK Please note that billing / payments will be per task. EXHIBIT B TASK AND FEE SCHEDULE FEE PER TASK TASK 1.Community Engagement Lead Designer($230/hr) 40hrs $9,200.00 Senior Designer($160/hr) 40hrs $6,400.00 Travel &Accommodation (1 trip) $1,250.00 TOTAL TASK 1 $16,850.00 TASK 2. Strategic Planning Lead Designer($230/hr) 28hrs $6,440.00 Project Manager($190/hr) 24hrs $4,560.00 Senior Designer($160/hr) 47hrs $7,520.00 Travel &Accommodation (1 trip) $1,250.00 TOTAL TASK 2 $19,770.00 TASK 3. Mapping Overlays Lead Designer($230/hr) 26hrs $5,980.00 Senior Designer($160/hr) 60hrs $9,600.00 Designer($135/hr) 23hrs $3,105.00 Travel &Accommodation (1 trip) $1,250.00 TOTAL TASK 3 $19,935.00 TASK 4. Implementation Strategy Lead Designer($230/hr) 20 hrs $4,600.00 Project Manager($190/hr) 48hrs $9,120.00 Travel &Accommodation (1 trip) $1,250.00 TOTAL TASK 4 $14,970.00 TASK 5. Public Art Master Plan Guideline Document Senior Designer($160/hr) 20 hrs $3,200.00 Designer($135/hr) 5 hrs $675.00 TOTAL TASK 5 $3,875.00 TOTAL FEE $75,400.00 *Contract Allowance. The City reserves a contract allowance equal to ten percent(10%) of the original contract amount, to be exercised solely at the City's discretion for additional work beyond the original scope.Any proposal for additional work must be accepted by the City and executed by the Mayor, who is authorized to approve expenditures up to the full allowance amount. Expenditures exceeding the contract allowance require prior approval by the City Commission. *PLEASE NOTE: TRAVEL IS NOT A SEPARATE BILLABLE ITEM. IT IS LISTED FOR INFORMATIONAL PURPOSES ONLY. TRAVEL IS INCLUDED WITHIN THE COST OF THE TASK. ANY ADDITIONAL TRAVEL IS NOT A BILLABLE ITEM TO THE CITY. **PLEASE NOTE: INVOICING SHALL BE PAID UPON COMPLETION OF TASK AND NOT BY HOURS WORKED. RFP - 25-PLDEV-012R - Public Art Master Plan Review Consultant - Quote Form - Price Proposal Form: Public Art Master Plan Review Consultant Price List INeon Fabrications LLC G-A-I Consultants,Inc. Designing Local Cultural Planning Group MACHINIC LLC Unit Price for Price for Price for Price for Price for Description of Services Qty. Deliverable Total Cost Deliverable Total Cost Deliverable Total Cost Deliverable Total Cost Deliverable Total Cost Community Engagement - Conduct outreach meetings and workshops to engage residents local arts groups and stakeholders. 1 $ 35,000.00 $35,000.00 $ 43,250.00 $43,250.00 $35,000.00 $35,000.00 $30.000.00 $30.000 00 $ 16,520.00 $16,520.00 Please keep track of all contacts and demographic's data obtained during this process and provided in legible report Public Art Implementation Map Overlay- Provide interactive maps integrated into the city's existing mapping database. Identifying 1 $ 25,000.00 $25,000.00 $ 25,500.00 $25,500.00 $25,000.00 $25,000.00 $25,000.00 $25,000.00 $ 24,160.00 $24,160.00 potential site locations of various Public Art typologies beautification projects and mobility improvements. Public Art Master Plan Guidelines 1 $ 10,950.00 $10,950.00 $ 10,750.00 $10.750.00 $20,000.00 $20,000.00 $25,000.00 $25,000.00 $ 34,240 00 $34,240.00 Total Price $70,950.001 $79,500.00 $80,000.00 380 000 00 $74,920.00 RFP - 25-PLDEV-012R - Public Art Master Plan Review Consultant Opening Date: February 12, 2025 6:40 PM Closing Date: March 12, 2025 3:00 PM Vendor Details Company Name: MACHINIC LLC Does your company conduct business under any other name?If FUTUREFORMS yes,please state: 2325 3rd Street,Suite 229 Address: Suite 229 San Francisco,CA 94107 Contact: Nataly Gattegno Email: nataly@futureforms.us Phone: 415-255-4879 Fax: 415-255-4879 HST#: Submission Details Created On: Monday March 10,2025 14:11:49 Submitted On: Wednesday March 12,2025 12:30:24 Submitted By: Nataly Gattegno Email: nataly@futureforms.us Transaction#: 73de9401-5d9f-40a2-8ae4-ca761 b9dfc7c Submitter's IP Address: 147.243.244.108 Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC Schedule of Prices The Bidder hereby Bids and offers to enter into the Contract referred to and to supply and do all or any part of the Work which is set out or called for in this Bid, at the unit prices,and/or lump sums, hereinafter stated. *Denotes a"MANDATORY"field Do not enter$0.00 dollars unless you are providing the line item at zero dollars to the Owner(unless otherwise specified). If the line item and/or table is"NON-MANDATORY"and you are not bidding on it, leave the table and/or line item blank.Do not enter a $0.00 dollar value. Price Proposal Form: Public Art Master Plan Review Consultant Price List The undersigned agrees to provide professional olannina firm or other aualified entity to review.evaluate.and amend the Citvs Public Art Master Plan as called for by the Scope of Services and Proposal Documents and Agreement in the manner prescribed therein and to the standards of quality and performance established by the City for the unit price stated in the spaces herein provided. Description of Services 'Unit Quantity 'Price for Deliverable* 'Total Cost Community Engagement - Conduct 1 $16,520.0000 $16,520.00 outreach meetings and workshops to engage residents, local arts groups, and stakeholders. Please keep track of all contacts and demographic's data obtained during this process and provided in legible report Public Art Implementation Map Overlay - 1 $24,160.0000 $24,160.00 Provide interactive maps integrated into the city's existing mapping database. Identifying potential site locations of various Public Art typologies, beautification projects, and mobility improvements. Public Art Master Plan Guidelines I1 I$34,240.0000 Is 34,240.00 A LA CARTE-OPTIONAL SERVICES Proposers should use this form for submitting its price Proposal for additional services. The following pricing is submitted as"all-inclusive" Hourly rate for Public Art Master Plan services in accordance with the requirements identified in this Scope of Work and as set forth in this RFP document. We will not be submitting for A LA CARTE-OPTIONAL SERVICES Lkrem ne I Item Description I Unit of Measure 'Hourly Rates* 'Hours Worked Total Cost of Services 11 I 11 I 11 12 I 11 I 11 13 I 11 I 11 14 I 11 I 11 15 I 11 I I1 Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your Proposal responses. Ft We will not be submitting for Confirmation of Minority Owned Business Description Response` I Comments Is your company a Minority Owned business? Please select the appropriate response I I Do you possess a certification qualifying your business as a Minority Owned business? Issuing organization name Date of Issuance I Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC Letter of Interest The Letter of Interest shall summarizes the Bidder's primary qualifications and a firm commitment to provide the proposed services. Line Description Response' Rem 1 The Letter of Interest shall summarizes the Thank you for considering our work for this exciting opportunity to contribute to the Proposer's primary qualifications and a firm continued investment of the city of Boynton Beach in public art. commitment to provide the proposed services. It is exciting to be considered for this role in a city that has already invested so much in the arts and the Kinetic Art Festival; and is looking to create a comprehensive city-wide arts master plan, while anticipating growth and development projections in specific neighborhoods. Our interest would be to develop a holistic arts master plan that considers the 'micro-districts' that make up Boynton Beach with their distinct nuances and cultural characters. Bringing the community into this process will be extremely important and integral to the development of a fruitful, impactful and durable strategy. It will also be critical to evaluate a phased implementation strategy that anticipates future public art, activation and continued engagement. We feel that our diverse expertise in art, design and art master planning can yield a holistic approach that considers the multiple parameters and facets of a project of this scale. As artists, we bring a multifaceted perspective and collaborative approach to the process of creating arts master plans: we understand the creative process and implementing complex art on layered sites; we seek to support and elevate the arts as an integral component in our daily lives. As designers, we understand the complex processes that are essential to making any of this a reality: we speak the language of architecture, planning and landscape architecture; we thrive in understanding how something small can have a site-wide impact; we enjoy the synergies that can occur when multiple collaborators work in synchronicity towards a common design cause. As arts master planners, we seek to amplify the impact of the arts in our everyday experiences: we leverage it to bring diverse voices together and create place; we consider ways for art to be functional and integrate with buildings and landscapes, while exploring how it can reconnect our urban fabric and restitch our urban experiences. Our commitment to public art stems from an interest in activating the public realm and creating places for exchange, engagement, places for pause, knowledge gathering and playful curiosity. Experiences and stones are shared when we make a place for them: public art can be that activator; public art can foster these diverse relationships across our neighborhood fabric. Our work is experiential, tactile, integrated and engaged with its context, striving to present itself as an identifiable element in the landscape. To do this we rely on rich, diverse and multifaceted concepts that can resonate with diverse audiences, different ages and uses: the passer-by, the tourist or the local, the adult or the toddler. FUTUREFORMS is an award-winning interdisciplinary art studio practicing out of the San Francisco Bay Area, California. Since 2005, Jason Kelly Johnson and Nataly Gattegno have collaborated on a range of projects exploring the intersections of art and design, with public space, nature and digital craft. Through individual artwork commissions and the development of arts master plans they explore the capacity of art to create diverse experiences, places of curiosity and opportunities for exchange. Thank you for considering collaborating with us! Sincerely, Nataly & Jason www.futureforms.us Bid Number: RFP - 25-PLDEV-012R Vendor Name: MACHINIC LLC Local Business Status Certification I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program.Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. By checking the box that you are not submitting for"Local Business Status Certification"you declare that you are not a local business in the City of Boynton Beach. ✓ We will not be submitting for Local Business Status Certification Is the business located within Does the business have a Is the business the City limits business tax receipt registered with the Number of years in business Business license number of Boynton issued in the current Florida Division of Beach, year? Corporations? Florida? ✓ Yes r Yes r. Yes 11 years M24000015391 r. No r. No r No Qualifications and Experience/Ability of Professional Personnel SECTION II-SCOPE OF WORK(SERVICES)-PROJECT CONTRACT 1. BACKGROUND The City of Boynton Beach aims to develop a Public Art Master Plan to establish a robust and comprehensive framework for the public arts within the city. The plan should serve as a definitive guide for utilizing public art funds acquired through city development projects, ensuring these resources are optimally utilized for the benefit and enjoyment of the Boynton Beach residents. The Public Art Master Plan will align closely with Boynton Beach's broader development goals, promoting creativity, cultural enrichment, city beautification, and civic pride. It will prioritize inclusivity and accessibility, ensuring that public art installations reflect the diversity and identity of the city's residents. Ultimately,this initiative underscores the city's commitment to thoughtfully and impactfully leveraging public resources, enhancing its residents'quality of life, and fostering a sense of place that celebrates art and community in Boynton Beach. 2. SCOPE OF SERVICES The City of Boynton Beach seeks the services of a professional firm (or qualified entity)to develop a Public Art Master Plan that aligns with the city's cultural, economic, and social goals. 3. TASKS REQUIRED BY CONSULTANT The Master Plan should include the following activities as outlined by the City listed below: Task Objectives: Task 1. Community Engagement: • Conduct outreach meetings and workshops to engage residents, local arts groups, and stakeholders. Please keep track of all contacts and demographic's data obtained during this process and provided in legible report. • Collaborate with the community to uncover regional and site-specific narratives. Task 2. Strategic Planning: Bid Number: RFP-25-PLDEV-012R Vendor Name: MACHINIC LLC • Identify site-specific opportunities and locations for art interventions and propose strategies for integrating artworks into public spaces. • Gather information for site locations to be designated for future Public Art, considering the city's mobility plan improvements, beautification initiatives, and comprehensive plan. Please visit the following links for further information: • Establish typologies of artworks organized by scale, impact, and experiential quality and clarify unique characteristics for matching art typologies and site locations to create public art focal points, districts, gateways, loops, and corridors of public art experience. • Integrating the ideologies and information gathered from community engagement into the overarching public art plan framework. https://www.boynton-beach.org/475/Comprehensive-Plan https://issuu.com/amanda.bassiely/docs/final_plan_low_res https://issuu.com/amanda.bassiely/docs/redevelopmentplan_final_web Task 4. Mapping Overlays: • Develop visual mapping overlays identifying sites for new public art installations, considering factors such as visibility,accessibility, community impact, and alignment with the city's comprehensive plan. • Mapping areas for proposed and existing public art and their associated art typologies. • Ensure these overlays are integrated into the City's mapping database. Task 5. Implementation Strategy: • Create Public Art Master Plan Guidelines incorporating all formulated policies, programs, sequencing approaches,frameworks for collaborating with artists, pertinent case studies,and maintenance regimens as necessary for the successful execution of integrating public art into the city's overarching existing comprehensive plan(including existing development plans, mobility plan improvements, and beautification initiatives). Deliverables: • Community Engagement Meetings: • Develop and provide diverse content, including presentations, posters, handouts, exhibits, and questionnaires to gather community feedback. • Public Art Implementation Map Overlay: • Provide interactive maps integrated into the city's existing mapping database. • Identifying potential site locations of various Public Art typologies, beautification projects, and mobility improvements. • Public Art Master Plan Guidelines: • Outline detailed action steps for project rollout, including coordination and integration with the city's mobility plans, Community Redevelopment Agency(CRA)redevelopment plan, beautification projects,and their responsibilities. Please see links for additional information stated in Task 2. Strategic Planning listed above. • Summarize community input and demonstrate how it informs the final plan. • Establish typologies of artworks organized by scale, impact, and experiential quality and clarify unique characteristics for matching art typologies and site locations in cohesion with the Public Art Implementation Map Overlay. 4. MINIMUM QUALIFICATIONS OF PROPOSER Qualifications will only be considered from firms engaged in providing services as described in this RFP and who can provide evidence that they have established a satisfactory performance record in meeting the qualification requirements established in the RFP. Emphasis should be placed on the qualifications and experience of key personnel who will be directly involved in the work. Any sub-consultants proposed for collaboration shall be identified. The responder should submit the following information with a statement of qualifications. This information, along with any other data that the City considers will be used in determining if the responder is qualified to provide the specified service and work. 5. Firm must have at least ten(10)years of considerable and successful relevant experience. Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC 6. Firm must possess an AICP certification. 7. EXPECTED TIMELINE BY THE CITY The City would like this project to be completed by October 31, 2025. The Proposer(s) shall act as an independent contractor and not as an employee of the City. 6. GENERAL The Consultant(s) shall furnish all tools, materials, equipment, sub-consultants, labor, supervision, etc., as necessary for the Proposer to maintain and complete the assigned as outlined in the agreed-upon scope of work/services provided within this Request for Proposals. All mileage and travel time to and from the job site is not reimbursable. The City reserves the right to negotiate the Agreement's final terms, conditions, and pricing structure as may be in the City's best interest. Description Response* Describe the experience and qualifications of all key Our diverse expertise in art, design and art master planning can yield a holistic Proposer and Sub-Proposer players. approach that considers the multiple parameters and facets of a project of this scale. Nataly Gattegno and Jason Johnson lead a team of designers, artists and architects who have the experience and qualifications to address the needs of a project of this scale and complexity. Summarize the quality of the firm's support personnel and I We are proud to have a team of staff and personnel who have been with us for continuity of staff. :7+ years. This continuity of people on our team, leads to a darity of ideas and design intent, as well as efficiencies in communication and work sequencing. Describe the ability to perform additional services and We are a highly communicative team that appreciates as much planning and provide technical support throughout engagement. forethought in our design process and engagement. That being said, we are always available to our dients and are able to respond to matters arising at any time. Explain the ability to meet set standards. We hope that our RFP materials (letter, statement, resume and work samples) show that we are a highly capable team, able to meet the standards set by this project. Provide evidence of a capable and well-organized We have recently performed 2 arts masterplan projects (Denver, CO and engagement team and management plan. Chattanooga, TN) that required extensive engagement with community and local stakeholders. In Denver the result of these engagements, was the integration of a cultural layer as an integral part of the arts masterplan. In Chattanooga our engagement with the community was more focused on understanding use and movement paths, daily circulation and use patterns in order to establish the location and scale of the artwork in the master plan. OFFEROR'S QUALIFICATION STATEMENT Line Description Response* Item 1 How many years has your organization been in business 11 under its present name? 2 If Vendor is operating under Fictitious Name, submit N/A evidence of compliance with Florida Fictitious Name Statute. 3 Under what former name (s) had your business N/A operated? Also list former address(es) of that business, if any. 4 Have you ever been disbarred or suspended from doing NO business with any governmental entity? If Yes, explain. 5 Are you licensed? If Yes, attach copy of license to NO submission package. 6 Has your company ever declared bankruptcy? If Yes, NO explain. Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC SCRUTINIZED COMPANIES DETERMINATION By submission of this qualification package and if selected by the City as the CONSULTANT, execution of this Agreement, in accordance with the requirements of F.S. 287.135 and F.S. 215.473, CONSULTANT, certifies that CONSULTANT is not participating in a boycott of Israel. CONSULTANT further certifies that CONSULTANT 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, nor 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 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 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. 'ItemI Line I Description I Response* 1 I Hereby Acknowledge the Scrutinized Companies - Florida Statute 287.135 and 215.473 Information Ic Yes Above and Will Abide by Everything Outlined in this Section. c No E-VERIFY As a condition precedent to entering into this Agreement, and in compliance with Section 448.095, Fla. Stat., Contractor and its subcontractors shall register with and use the E-Verify system to verify work authorization status of all employees hired after January 1, 2021. Contractor shall require each of its subcontractors to provide Contractor with an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. Contractor shall maintain a copy of the subcontractor's affidavit as part of and pursuant to the records retention requirements of this Agreement. City, Contractor, or any subcontractor/subconsultant who has a good faith belief that a person or entity with which it is contracting has knowingly violated Section 448.09(1), Fla. Stat. or the provisions of this section shall terminate the contract with the person or entity. City, upon good faith belief that a subcontractor knowingly violated the provisions of this section; but Contractor otherwise complied, shall promptly notify Contractor and Contractor shall immediately terminate the contract with the subcontractor. An agreement or contract terminated under the provisions of this section is not a breach of contract and may not be considered such.Any agreement or contract termination under the provisions of this section may be challenged pursuant to Section 448.095(2)(d), Fla. Stat. Contractor acknowledges that upon termination of this Agreement by the City for a violation of this section by Contractor, Contractor may not be awarded a public contract for at least one (1)year. Contractor further acknowledges that Contractor is liable for any additional costs incurred by the City as a result of termination of any contract for a violation of this section. Contractor or subcontractor shall insert in any subcontracts the clauses set forth in this section; requiring the subcontractors to include these clauses in any lower tier subcontracts. Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this section. Line Item I Description I Response* 1 I Hereby Acknowledge the E-VERIFY Information Above and Will Abide G Yes By Everything in this Section. r No Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC References 1. References—Past Performance Provide a list of three(3)governmental agency references or similar contracts for which the Proposer has completed or is in progress within the past ten(10)years with the following information: 2. Name of Agency 3. Address 4. Contact Name, Email Address 5. Telephone Number The City is interested in learning about other firms'or government agencies'experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee may email or call each reference up to three(3) times. If there is no answer after the third attempt.the City may apply no points for that project experience. Description Reference 1 -Completed or In Reference 2-Completed or In Progress* Reference 3-Completed or In Progress* Progress Company Name Kay & Hannah Art Advisory Fletcher Studio Landscape Architecture City of Chattanooga Address 1001 Chenery St. San Francisco, CA 2325 3rd St Suite 323, San Francisco, 101 E. 11th Street, Suite 200, 94131 CA 94107 Chattanooga, TN 37402 Contact Name Mary Hannah Lauren Ewald Kat Wright, Director of Public Art Phone (415) 337. 7771 323 5589 (423) 643.7823 Email maryhannah@kayhannah.com 1(415) lewald@fletcherstudio.com kwright©chattanooga.gov Subcontractors The Bidder shall state all Subcontractor(s)and type of Work proposed to be used for this project. Bidders shall not indicate"TBD"(To Be Determined)or"TBA"(To Be Announced)or similar wording and shall not indicate multiple choices of Subcontractor names for any Subcontractor category in their list of Subcontractors. Schedule of Sub-Consultants The Undersigned Respondent proposes the following major subcontractors for the major areas of work for the Project. The Respondent is further notified that all sub-contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub : ,y, if required. If not applicable or if no-subconsultants will be used in the performance of this Work,write"Not-Applicable"or"NONE"across the form. R By clicking here I confirm that there are no Subcontractor(s)/Subconsultant(s)and the Bidder shall perform the project with their OWN FORCES". Line Name of Sub-Consultant* Address of Sub-Consultant* License No.* Contract Amount* Percentage(%)of Contract* 1 Documents Ensure your submission document(s)conforms to the following: Bid Number: RFP-25-PLDEV-012R Vendor Name: MACHINIC LLC Documents should NOT have a security password, as City of Boynton Beach may not be able to open the file. It is your sole responsibility to ensure that the uploaded document(s)are not either defective, corrupted or blank and that the documents can be opened and viewed by City of Boynton Beach. If you need to upload more than one(1)document for a single item,you should combine the documents into one zipped file. If the zipped file contains more than one(1)document, ensure each document is named, in relation to the submission format item responding to. For example, if responding to the Marketing Plan category save the document as"Marketing Plan." If the attached file(s)cannot be opened or viewed, your Bid Call Document may be rejected. DOCUMENTS THAT MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE • a. Proposer's Qualification Statement-Proposer's Qualification Statement-Futureforms.pdf-Wednesday March 12,2025 02:42:29 • b. Non-Collusion Affidavit of Proposer-Non-Collusion Affidavit-Futureforms.pdf-Wednesday March 12, 2025 02:42:51 • c. E-Verify Form Under Section&448.095 Florida Statutes-Affidavits of Compliance-E-Verify-Futureforms.pdf-Wednesday March 12, 2025 02:45:28 • d. Certification Pursuant to Florida Statute&287.135-Affidavits of Compliance-F.S.287.135-Futureforms.pdf-Wednesday March 12, 2025 02:45:40 • e.Anti-Kickback Affidavit-ANTI KICK BACK AFFIDAVIT-Futureforms.pdf-Wednesday March 12,2025 02:45:50 • f.Affidavit of Compliance with Foreia_n Entity Laws-Affidavit of Compliance with Foreign Entity Laws-Futureforms.pdf-Wednesday March 12,2025 02:45:59 • a.Affidavit of Compliance with Anti-Human Traffickina Laws-AFFIDAVIT OF COMPLIANCE-ANTI HUMAN TRAFFICKING LAW- Futureforms.pdf-Wednesday March 12,2025 02:46:12 • A. Letter of Interest. B. Firm's Qualifications. C. Qualifications of Proiect Team and availability of specialty resources. D. Current and Projected Workload of the Proposer. E. References—Past Performance-250311_Boynton Beach-Futureforms RFP Quals.pdf- Wednesday March 12,2025 02:47:06 • Florida Professional Licenses. includina evidence of required licenses and business permits. W-9 and Sunbiz-W9-FL Registration Machinic Futureforms.zip-Wednesday March 12, 2025 02:52:52 • RFP DOCUMENT-250311_Boynton Beach-Futureforms RFP Quals.pdf-Wednesday March 12, 2025 02:47:19 • Additional Document(optional) Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC Addenda& Declarations SECTION V—STANDARD GENERAL TERMS AND PROVISIONS Unless otherwise agreed to by the City of Boynton Beach ("City"), the following Standard Terms and Conditions are applicable to this solicitation and the resulting Agreement. The term "vendor," as used below, may collectively apply to vendors, bidders, proposers, consultants, contractors, subcontractors, and subconsultants. 1. FAMILIARITY AND COMPLIANCE WITH LAWS, CODES AND REGULATIONS: Before submitting a proposal to this RFP, proposers shall comply with all federal, state,and local laws, ordinances, and regulations applicable to the services contemplated herein, including those applicable to conflict of interest and collusion. Proposers must familiarize themselves with all federal, state, and local laws, ordinances, codes, and regulations that may in any way affect the goods/services offered and any other applicable federal requirements now in effect or imposed in the future. Lack of knowledge by the Proposer shall not be a cause for relief from responsibility. 2. NON-COLLUSION Proposer shall not collude, conspire, connive, or agree, directly or indirectly, with any other proposer, firm, or person to submit a collusive or sham response in connection with the work for which the response has been submitted or to refrain from responding in connection with such work or have in any manner, directly or indirectly, sought by a person to fix the price or prices in the proposal submission form or of any other proposer,or to fix any overhead profit, or cost elements of the proposal price of any other responder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against any other proposer, or any person interested in the proposed work. The proposer certifies there has been no collusion with any other firm or employees from any other firm who will be submitting a proposal on the same project. 3. LEGAL CONDITIONS Proposers are notified to familiarize themselves with the provisions of the law of the State of Florida relating to the hours of labor on municipal work and with the provisions of the laws of the State of Florida and the Charter and Ordinances of the City of Boynton Beach. 4. CONFLICT OF INTEREST The award is subject to all conflict-of-interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. 5. ADDITIONAL HOURS QUANTITIES The City reserves the right to acquire additional hours or quantities of the requested proposal services at the prices proposal in this solicitation. If additional quantities are not acceptable,the price proposal sheets must be noted: "PROPOSAL IS FOR SPECIFIED QUANTITY ONLY". 6. DISPUTES In case of any doubt or difference of opinion as to the items to be furnished hereunder,the decision of the City Manager shall be final and binding on both parties. Bid Number: RFP-25-PLDEV-012R Vendor Name: MACHINIC LLC 7. LEGAL REQUIREMENTS: Proposer shall comply with all Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 8. ON PUBLIC ENTITY CRIMES All Request for Proposals as defined by Section 287.012(11), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph(2)(a)of Section 287.133, Florida Statutes,which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a proposal on a contract or provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, vendor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 9. FEDERAL AND STATE TAX: The City of Boynton Beach is exempt from Federal and state taxes. 10. PURCHASE ORDER REQUIRED: The City will not accept any goods delivered or services performed unless a duly authorized purchase order has been issued for said goods and/or services. The purchase order number must appear on all invoices, packing slips,and all correspondence concerning the order. 11. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The Proposer certifies that all material,equipment, etc., contained in this proposal meets all O.S.H.A. requirements. Proposer further certifies that if awarded as the Consultant, and the material equipment,etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the Proposer. Proposer certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 12. PALM BEACH COUNTY INSPECTOR GENERAL: The Proposer and, if awarded Consultant, is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any Agreement resulting from this solicitation and, in furtherance thereof, may demand and obtain records and testimony from the Consultant and its sub-consultant and lower-tier sub-consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law,the failure of the Consultant or its sub-consultants or lower-tier sub-consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this Agreement justifying its termination. 13. OTHER AGENCIES Any Agreement(s) resulting from this RFP and from this submitted proposal may, upon mutual agreement, permit any municipality or other governmental agency to participate in the Agreement under the same prices,terms, and conditions if agreed to by both parties. Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC It is understood that at no time will any city, county, municipality, or other agency be obligated to place an order for any other city, county, municipality, or agency, nor will any city, county municipality, or agency be obligated for any bills incurred by any other city, county, municipality,or agency. Further, it is understood that each agency will issue its own purchase order or contract to the awarded Proposer(s). 14. VENUE AND GOVERNING LAW: Any and all legal actions arising from or necessary to enforce this solicitation and resulting Agreement will be held exclusively in Palm Beach County and shall be interpreted according to the laws of Florida. 15. NON-DISCRIMINATION& EQUAL OPPORTUNITY EMPLOYMENT • The City is committed to assuring equal opportunity in awarding orders/contracts and complies with all laws prohibiting discrimination. • During the performance of the Agreement,the Consultant and its sub-consultants shall not discriminate against any employee or applicant for employment because of race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation,familial status, sexual orientation, gender identity, expression, or disability if qualified. • The Consultant will take affirmative action to ensure that employees and those of its sub-consultants are treated during employment, without regard to their race, color, sex, including pregnancy, religion, age, national origin, ancestry, marital status, political affiliation, familial status, sexual orientation, gender identity, expression, or disability if qualified. • Such actions must include, but not be limited to,the following: employment, promotion; demotion or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. • The Consultant and its sub-consultants shall agree to post in conspicuous places, available to its employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. • The Consultant further agrees that they will ensure that all sub-consultants, if any,will be made aware of and will comply with this nondiscrimination clause. • The Consultant understands and agrees that a material violation of this section shall be considered a material breach of this solicitation and the resulting agreement/contract and may result in termination of the agreement/contract, disqualification, or debarment of the company from participating in City contracts, or other sanctions. 16. INDEPENDENT CONTRACTOR RELATIONSHIP: The Proposer and, if awarded Consultant, is, and shall be, in the performance of all work, services, and activities under this solicitation and the resulting Agreement, an independent Contractor and not an employee or agent of the City.All persons engaged in any of the work or services performed pursuant to the Agreement shall, at all times and in all places, be subject to the Consultant's sole direction, supervision, and control. The Consultant shall exercise control over the means and manner in which it and its employees perform the work, and in all respects,the Consultant's relationship, and the relationship of its employees,to the City shall be that of an independent contractor and not as employees or agents of the City. 17. OMISSION OF DETAILS Omission of any essential details from the terms or specifications contained herein will not relieve the responding Firm of supplying such product(s)or service as specified. 18. LOBBYING -CONE OF SILENCE: Consistent with the requirements of Chapter 2,Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence.A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, or other response and shall remain in effect until the City Commission awards or approves a contract, rejects all responses,or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no Proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act Bid Number: RFP-25-PLDEV-012R Vendor Name: MACHINIC LLC on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation,with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for the award of contract to the Proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-proposal conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further,the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation.Additionally,the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 19. LEGAL EXPENSES: The City shall not be liable to a Proposer for any legal fees, court costs, or other legal expenses arising from the interpretation or enforcement of the Agreement,or any other matter generated by or relating to the Agreement. 20. NO THIRD-PARTY BENEFICIARIES: No provision of this RFP or agreement/contract to follow with Consultant is intended to, or shall be construed to, create any third-party beneficiary or to provide any rights to any person or entity not a party to the agreement/contract, including but not limited to any citizen or employees of the City and/or Proposer. 21. DIRECT OWNER PURCHASES: The City reserves the right to issue purchase orders for materials to either the Contractor/Consultant/Vendor or the City's suppliers for contracts/construction/public works-related materials when deemed in the City's best interest. 22. SCRUTINIZED COMPANIES: By submission of a proposal for this solicitation, Consultant, its principals, or owners, certify that they are not listed on the Scrutinized Companies that Boycott Israel List, Scrutinized Companies with Activities in Sudan List, Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, or is engaged in business operations with Syria. In accordance with Section 287.135, Florida Statutes, as amended, a company is ineligible to, and may not, bid on, submit a bid for, or enter into or renew a contract with any agency or local governmental entity for goods or services of: Any amount of, at the time bidding on, submitting a bid for, or entering into or renewing such Agreement, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes, or is engaged in a boycott of Israel;or One million dollars or more if, at the time of bidding on, submitting a bid for,or entering into or renewing such Contract,the company: Is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Energy Sector List, created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Syria. 23. DISCRIMINATORY VENDOR LIST An entity or affiliate who has been placed on the discriminatory vendor list may not: obtain an agreement/contract to provide goods or services to a public entity; construct or repair of a public building or public work; lease real property to a public entity; award or perform work as a vendor, supplier, or vendor under agreement/contract with any public entity; nor transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at(850)487-0915. 24. NON-EXCLUSIVE Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC As may be applicable,the City reserves the right to acquire some or all of these goods and services through a State of Florida contract pursuant to the City's Procurement Policy, provided the State of Florida contract offers a lower price for the same goods and services. This reservation applies both to the initial award of this solicitation and to acquisition after an agreement/contract may be awarded. Additionally, the City reserves the right to award other agreements for goods and services falling within the scope of this solicitation and resultant Agreement when the specifications differ from this solicitation or resultant Agreement, or for goods and services specified in this solicitation when the scope substantially differs from this solicitation or resultant Agreement. 25. BUSINESS INFORMATION If a proposing firm is a Joint Venture for the goods/services described herein,the Proposer shall, upon request of the City, provide a copy of the Joint Venture Agreement signed by all parties. 26. AGREEMENT Proposer agrees that by submitting a proposal that is accepted by the City of Boynton Beach, a binding Agreement is formed in accordance with the City's terms, conditions,and specifications as set forth in the purchase order unless otherwise agreed by the City and the Proposer.The Proposer certifies that the proposal has been made by an officer or employee having the authority to bind the Proposer. 27. ENDORSEMENTS No endorsements by the City of the goods and/or services will be used by the Proposer in any way, manner, or form. 28. DRUG-FREE WORKPLACE The Consultant shall implement and maintain a drug-free workplace program of at least the following items: 28. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. A Inform employees about the dangers of drug abuse in the workplace,the Proposer's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. B. Give each employee engaged in providing the services that are under contract a copy of the statement specified in Item A above. C. In the statement specified in Item A above, notify the employees that, as a condition of providing the services that are under contract,the employee will abide by the terms of the statement and will notify the Proposer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893, Florida Statutes, or of any controlled substance law of the United States or any state,for a violation occurring in the workplace no later than five(5)calendar days after such conviction or plea. D. Impose a sanction on or require satisfactory participation in a drug abuse assistance or rehabilitation program, if such is available in the employee's community,for any employee who is so convicted or so pleads. E. Make a good faith effort to continue to maintain a drug-free workplace through the implementation of Section 287.087, Florida Statutes 29. PROHIBITED TELECOMMUNICATIONS EQUIPMENT Proposer represents and certifies that Proposer and all Sub-consultants do not use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system or as critical technology as part of any system, as such terms are used in 48 CFR§§52.204-24 through 52.204-26. Proposer represents and certifies that Proposer and all Sub- consultants shall not provide or use such covered telecommunications equipment, system, or services during the Term. 30. PROHIBITION AGAINST CONSIDERING SOCIAL, POLITICAL, OR IDEOLOGICAL INTERESTS IN GOVERNMENT CONTRACTING Bid Number: RFP-25-PLDEV-012R Vendor Name: MACHINIC LLC Proposers are hereby notified of the provisions of section 287.05701, Florida Statutes, as amended, that the City will not request documentation of or consider a Proposer's social, political, or ideological interests when determining if the Proposer is a responsible Consultant. Proposers are further notified that the City's governing body may not give preference to a Proposer based on the Proposer's social, political,or ideological interests. 31. RIGHTS IN DATA Except if otherwise agreed to in writing,the City shall have exclusive ownership of, all proprietary interest in, and the right to full and exclusive possession of all information, materials, and documents discovered or produced by Proposer pursuant to the terms of this solicitation, including but not limited to reports, memoranda or letters concerning the research and reporting tasks required. 32. DOCUMENTATION OF COSTS All costs submitted shall be supported by properly executed payrolls,time records, invoices, vouchers, or other official documentation evidencing in proper detail the nature and propriety of the charges.All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting documents pertaining in whole or in part to the resulting contract/agreement shall be clearly identified and regularly accessible and provided to the City upon request. 33. PUBLIC RECORDS Sealed documents received by the City in response to a Request for Proposals are exempt from public records disclosure until thirty(30) calendar days after the opening of the RFP unless the City announces intent to award sooner, in accordance with Florida Statutes 119.071. The Consultant agrees that copies of any and all property,work product, documentation, reports, computer systems and software, schedules, graphs, outlines, books, manuals, logs,files, deliverables, photographs, videos, tape recordings, or data relating to the Agreement which have been created as a part of the vendor's services or authorized by the City as a reimbursable expense,whether generated directly by the Consultant,or by or in conjunction or consultation with any other party whether or not a party to the Agreement, whether or not in privity of contract with the City or the Consultant,and wherever located shall be the property of the City. Any material submitted in response to this solicitation is considered a public document in accordance with Section 119.07, F.S. All submitted information that the responding Proposer believes to be confidential and exempt from disclosure(i.e., a trade secret or as provided for in Section 119.07, Chapter 688, and Section 812.081, F.S.) must be specifically identified as such. Upon receipt of a public records request for such information, a determination will be made as to whether the identified information is, in fact, confidential. 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 Agreement, Consultant shall destroy 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 Agreement, 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. Failure of the Consultant to comply with the requirements of this Section, and other applicable requirements of state or federal law, shall be a material breach of the resulting Agreement. The City shall have the right to exercise all remedies available to it for breach of agreement/contract, including but not limited to,the right to terminate for cause. Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC 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 AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CitvClerkna bbfI.us 5.34 SOVEREIGN IMMUNITY Nothing contained herein is intended to serve as a waiver of sovereign immunity by the City or as a waiver of limits of liability or rights the City may have under the doctrine of sovereign immunity or under Section 768.28, Florida Statutes. Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Nataly Gattegno, Manager, Machinic LLC DBA Futureforms The bidder shall declare any potential or actual conflict of interest that could arise from Bidding on this Bid. Do you have a conflict of interest? r Yes a No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column"I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments(if applicable) Addendum No.3 5 Mon March 3 2025 04:31 PM Addendum 2-25-RFP-25-012R-Public Art master Plan Review Consul_ 1 Wed February 19 2025 04:33 PM RFP No.PLDEV25-012-PUBLIC ART MASTER PLAN-Front Page with Link p 1 Fri February 14 2025 04:00 PM Addendum 1-PUBLIC ART MASTER PLAN REVIEW(CONSULTANT)-RFP No.25PLDEV-012R 1 Fri February 14 2025 08:13 AM Bid Number: RFP -25-PLDEV-012R Vendor Name: MACHINIC LLC