Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Back-Up Documents
._T L Vimr Bey Civil Rights Museum Proposal for Master and Business Planning Services March 25, 2022 0 — i . aw I `! _ , •�..• ` • ; IA t4 t %•.. 4P .. .• Lord Cultural Resources Lord Cultural Resources is a global professional practice dedicated to making the world a better place through culture. We assist people, communities, and organizations to realize and enhance cultural meaning and expression. We distinguish ourselves through a comprehensive and integrated full -service offering built on a foundation of key competencies: visioning, planning and implementation. We value and believe in cultural expression as essential for all people. We conduct ourselves with respect for collaboration, local adaptation and cultural diversity, embodying the highest standards of integrity, ethics and professional practice. We help clients clarify their goals; we provide them with the tools to achieve those goals; and we leave a legacy as a result of training and collaboration. Our Toronto office is located within the traditional territory of many nations, including the Mississaugas of the Credit, the Anishnabeg, the Chippewa, the Haudenosaunee and the Wendat peoples. Our New York office is located on the traditional lands of the Lenape peoples. Our Long Beach office is located on the land of the Tongva/Gabrieleno and the Acjachemen/Juaneno Nations, who have lived and continue to live here. We encourage you to acknowledge the presence of the people who came before, wherever you are. TABLE OF CONTENTS 1. Statement of Understanding...................................................................................................................2 2. Your Planning Team.................................................................................................................................5 2.1 Firm Profiles....................................................................................................................................................................5 2.2 YOUR PLANNING TEAM...........................................................................................................................................8 3. Methodology............................................................................................................................................17 1. Creation of an Integrated Concept Plan..................................................................................................................17 2. Governance and Operating Structure.....................................................................................................................21 3. Development of Design Requirements..................................................................................................................23 4. Communication and Community Stakeholder Engagement Activities..........................................................23 4. Budget & Timeline..................................................................................................................................26 4.1 Fees and Expenses......................................................................................................................................................26 4.2 Proposed Timeline......................................................................................................................................................27 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 1. Statement of Understanding The historic Virginia Key Beach Park has faced much change since it was established in 1945. The park was created as a result of bold wade -in civil disobedience motivated by segregation and the refusal to grant regional beach access to people of color. Although significantly smaller than the neighboring "white only" Crandon Park, "Virginia Beach" nonetheless offered for the first-time legal access to a public beach becoming a place of joy and happiness and a hub for African American life in South Florida representing another "step along the path to equal civil rights, human rights, and future civic activism." Throughout the 1950's, the beach was an active and busy destination with world -class attractions, concessions and amenities frequented by local residents, national and international tourists, and celebrities. However, by 1960 the beach was in decline as Miami - Dade County, the owners and operators of the Park, deemed it too expensive to maintain two beaches at Crandon and Virginia Key. Ownership of the park was ultimately transferred to the City and the park closed in 1982 and left abandoned for the next 20 years with buildings falling into disrepair and beaches neglected and damaged by storm erosion and rising sea levels. In 1999, a group of diverse citizens called the Virginia Key Beach Park Civil Rights Task Force was established largely to thwart plans to lease the park to private developers and retain the park for public use. 9 Lord Cultural Resources 2 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services This task force ultimately became the Virginia Key Beach Park Trust whose responsibility was to oversee the development, restoration and re -opening of the historic park property. Through the efforts of the Trust the park was placed on the National Register of Historic Places in 2002. Historic Virginia Key Beach Park re -opened to the public in February 2008 with many of the amenities of the past including the bathhouse, concession stand, carousel house, train and picnic pavilions fully restored. Lord Cultural Resources is thrilled to submit this proposal to the City and the Trust to support its efforts in the creation of a new cultural attraction that will highlight the historical, cultural and environmental aspects of the park. As one of the leading cultural planning practices, Lord has over 40 years of experience in planning cultural spaces and places including historical and civil rights museums across the United States and around the world. Lord, together with Amy Kaufman of AK Cultural Planning (business planning) and Nakoto Rentz of Venue (cost consulting) are uniquely qualified to deliver specialized planning services as outlined in the proposal to include: concept and visitor experience development, functional programming, site planning, capital costing, and business and operational planning. The full outline of our scope and methodology is described more fully in the following section. We look forward to the opportunity of working collaboratively with the City and the Trust to develop this exciting and important initiative. rc,, Lord Cultural Resources 3 Your t, Planning Team r Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 2.Your Planning Team 2.1 FIRM PROFILES Lord Cultural Resources: Who We Are Lord Cultural Resources is the global practice leader in cultural sector planning. Since 1981, we have helped to create, plan, and operate cultural spaces and places in more than 460 cities, in 57 countries and six continents. We are thinkers, collaborators, and problem solvers. We employ a human -centric approach to all our projects, engaging with stakeholders, communities, and subject matter experts, to ensure that visitor and user needs, and expectations are first and foremost in an ever- evolving and competitive market. Our team of designers and architects, planners, writers, market and financial specialists and experience creators apply their expertise to a wide spectrum of cultural projects, offering a broad range of integrated services. We plan and develop implementable solutions, help create new visitor experiences and craft visionary strategies for museums, universities, mixed -use developments, cultural centers, art galleries, science centers, world expositions, visitor centers, heritage sites, festivals, theaters, archives, libraries, gardens, conservatories, and arboreta around the world. 9 Lord Cultural Resources 5 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services In addition to this extensive practical planning experience, Lord Cultural Resources has made a definitive contribution to the development of cultural planning through its pioneering publications — including our new Manual of Strategic Planning for Cultural Organizations. This publication features case studies by President Gail Lord, and US President Joy Bailey -Bryant, both members of your project team. OUR COMMITMENT TO DIVERSITY At Lord Cultural Resources, we live diversity and inclusion through our teams in Toronto, Los Angeles, New York, Mumbai, China, and Europe who communicate in 15 languages. We strengthen belonging, learning, and gaining strength from the many communities of gender, culture, race, and ethnicity we serve. We know that inclusion is a process that requires daily focus. We actively work to create new leadership opportunities for racialized cultural sector professionals: We established "Fellowship 2020 for Black Americans in Arts, Culture and Museums" in collaboration with the Association of African American Museums (AAAM) to achieve sustainable leadership positions in the cultural space. In 2021, we founded the BIPOC (Black, Indigenous, People of Color) Fellowship, www.bipocfellowship.ca, to develop new leadership opportunities for BIPOC professionals in the Canadian arts and culture sectors. We are providing coaching services to the "Professional Alliance for Curators of Color (PACC)" - a project of the Association of Art Museum Curators: https://vimeo.com/531458352/657ac8a922, AK Cultural Planning AK Cultural Planning collaborates with AMY KAU FMA N institutional leaders to ensure the building CULTURAL PLANNING blocks of long-term sustainability are in sync. Research tailored to the unique circumstances of each client provides a solid foundation for decision -making. The results are strategies and plans that align mission -based programming, market position, and audience development goals with governance, staffing, space use, and business strategy. AK Cultural Planning was founded by Amy Kaufman in 2015, building on a 25-year career in arts and cultural management. We are known for producing comprehensive Institutional, Business, Strategic and Implementation Plans, often integrated with major capital projects. Every project is built on a solid foundation of market analysis, public engagement, organizational assessment, and client collaboration. We embrace progressive, "next generation" approaches, including working in a post -average American context to develop audiences; programming in the context of regional and global issues; scenario planning and iterative analyses to right -size operations; integrating findings from multidisciplinary teams; seeking broader community benefits and mutually beneficial partnerships; and supporting successful execution through staff collaboration and knowledge transfer. Clients include P6rez Art Museum Miami, The Africa Center, The Pulitzer Arts Foundation, Harvard University Art Museums, National Audubon Society, The Barnes Foundation, Studio Museum in Harlem, Council of American Jewish Museums (CAJM), The Trust for Governors © Lord Cultural Resources 6 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services Island, The American LGBTQ+ Museum, Storm King Arts Center, and the New York Academy of Medicine. The firm offers proven experience in the following areas: • Guiding the strategic evolution of museums, and cultural and educational programming • Providing market analysis and research to facilitate decisions • Engaging board, staff and other key stakeholders to set strategic priorities • Developing compelling concept, and visitor experiences • Planning for visitors, staffing, and operations • Supporting the development of master plans and capital projects • Delivering credible feasibility studies and business plans • Strategy, planning and implementation for exhibitions Venue Our goal is to provide the most flexible and reliable � � � � �, Venue estimatingand cost control service mindful of the Client's bottom line, based on our professional cost V the bottom line consulting experience, depth of knowledge, and personal long term relationships developed with the Client and design team. Here's how: Flexibility of service • service tailored to meet the Client's and design team's requirements • listen to Client's needs, which can range from a one time order -of -magnitude initial estimate, to total cost control services throughout the design and construction stages Reliable and thorough cost estimates and cost control • provide detailed, user-friendly, venue construction costs • based on real experience with real costs • feedback on how decisions made during design and construction will impact the Client's • bottom line • ensure the Client's bottom line is protected Experience • years of solid experience by highly qualified professionals • specific experience for unique projects • consistency of results 9 Lord Cultural Resources 7 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services Building long term, meaningful relationships with the Client and design team • not just a short term estimating service but a long term cost management partnership • personal relationships developed over time with the Client and design team • service oriented and focused on ensuring the Client's needs are satisfied • collaboration/teamwork is key to a successful outcome for all Competitive fee • based on the level of information provided, and required, by the Client 2.2 YOUR PLANNING TEAM To support the City of Miami and Virginia Key Beach Park Trust in the development of this plan, we have assembled a team of experts with the knowledge, expertise and experience to deliver this plan. The team is comprised of the following key personnel and their primary roles and responsibilities: AMY KAUFMAN Principal AK Cultural Planning Business Planning NAKOTO RENTZ Associate Principal Venue Cost Consulting 9 Lord Cultural Resources 8 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services JOY BAILEY BRYANT President, U.S. at Lord Cultural Resources Role. Project Advisor Joy Bailey Bryant is the President of the U.S. office of Lord Cultural Resources and a specialist in municipal engagement around culture. A certified interpretive planner and outreach facilitator, Joy works with city officials, institutional leaders, and developers, in global municipalities like Chicago; New York; Dhaka, Bangladesh; and Dharan, Saudi Arabia to creatively plan cities and bring people to public institutions. Joy has been an integral part of the development of identity museums where people of color are engaged in telling and interpreting their own story. Joy led the teams for planning on remarkable projects like the National Museum of African American History and Culture in Washington, D.C., reaching more than 1,000 stakeholders across the country to learn their expectations for the new museum; the National September 11 Memorial and Museum at the World Trade Center, directing citywide engagement in locations as large as Dallas and Chicago and small as Decatur, Georgia - speaking with thousands of individuals in meetings and on social media - to assess, project, and plan for their cultural needs; and planning and opening the expansion of the Albany Civil Rights Institute in Albany, Georgia —unearthing thousands of untold stories of the Southwest Georgia Civil Rights Movement. Driven by the engagement philosophy of "meet people where they are," Joy has authored several articles on community engagement including, Planning for Community Needs, in the third edition of the Manual of Museum Planning. Following her mantra, Joy is willing to "follow the crowd," holding meetings at festivals, conferences, on social media, churches, community centers, schools, and even bars. Other projects of note include: • National Education Center, Library of Congress, Washington, DC • Visionary Strategic Plan, The New York Public Library, Schomburg Center for Research in Black Culture, New York • Institutional Plan, National September 11 Memorial and Museum at the World Trade Center Institutional Plan, New York • National Museum of African American History and Culture, Stakeholder Consultation, Washington, D.C., An advisor to the Kresge Foundations' Initiative for Sustainability in the Arts at Harvard University and the leadership advisory board of the Girl Scouts of Greater New York, Joy has spoken on numerous international and national professional panels. Before joining Lord, Joy was on the transition team at the Institute of Museum and Library Services (IMLS) evolving the General Operating Support (GOS) grant to the Museums for American grant, the agency's leading award for museums. Joy began her cultural career at the Braves Museum at Turner Field. Joy completed her M.A. in Arts Management from American University in Washington, D.C. and her B.Sc. in Public Relations from Florida A&M University in Tallahassee, Florida. © Lord Cultural Resources 9 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services DOV GOLDSTEIN Vice President at Lord Cultural Resources Role: Project Lead Dov Goldstein is a Vice President at Lord Cultural Resources. With over 20 years of experience in cultural, interpretive and strategic planning, Dov has led and managed some of the firm's largest and most complex projects in Canada, the US and around the globe. Dov works in both strategy and operations and exhibition development with particular specialization in master planning, strategic planning, interpretive planning and project management. In his 10 years with Lord, Dov has worked with a diverse roster of clients including museums, public libraries, public gardens, private companies and municipal, provincial and federal governments. Recent projects include the National Holocaust Monument in Ottawa, Jewish Museum of Canada in Toronto, Canada's Diversity Gardens in Winnipeg, Miami -Dade County Public Library System in Florida, Allan Gardens Conservatory, Toronto, Toronto Botanical Gardens and Edwards Gardens in Toronto, and the City of Brampton. Prior to joining Lord Cultural Resources, Dov was Director of Exhibitions for Canada's leading design centre, the Design Exchange, where he developed, produced and managed well over 50 design exhibitions working with some of Canada's most renowned architects and designers. In addition, he organized and managed several traveling exhibitions working closely with the most prestigious museums and design centres from around the world including the famed Vitra museum in Germany and France's Centre Pompidou. Dov was jointly responsible for the planning and development of the public spaces for the Canadian Broadcasting Corporation's national headquarters. This large-scale project was conceived of as a series of interactive exhibits, events and amenities within the building to facilitate public understanding of and support for Canada's national broadcaster. LISA WRIGHT Principal Consultant at Lord Cultural Resources Role: Visitor Experience Lisa Wright is a Principal Consultant in Visitor Experience at Lord Cultural Resources. She is responsible for visitor experience strategy, planning and development for a broad range of cultural, natural, and academic institutions. Lisa has written a number of visitor experience strategies and plans for an array of clients including Parks Canada, the Dubai Culture & Arts Authority, the Mohawk Institute Residential School project, the University of California Irvine, the California State Capitol, the City of Toronto, the Tennessee State Museum, the Museum of Latin American Art, Museum Windsor, and others across the globe. She has also developed exhibition and interpretive content for many projects, working closely with clients, community stakeholders, Indigenous partners, subject matter experts, and exhibition designers to write exhibit text, select images and artifacts, and develop multimedia and special exhibit treatments. © Lord Cultural Resources 10 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services Her recent content development projects include Kickapoo Valley Reserve Visitor Center, Canada's Diversity Gardens, the Great Lakes Visitor Center, the Central Bank of Trinidad & Tobago Money Museum, Halifax Citadel National Historic Site, University of Michigan Museum of Natural History, and more. Lisa has written chapters for several of Lord's publications, including "Curatorship and Content Development" in the Manual of Museum Exhibitions, 2nd ed. and "New Frontiers in the Visitor Experience" in the Manual of Digital Museum Planning. She has also presented on exhibition development at several conferences and served on the board of the Museums Association of the Caribbean. As a consultant, Lisa helps her clients develop stimulating and innovative visitor experiences to engage audiences with diverse backgrounds, interests, and learning styles. Lisa's lifelong passion for history, nature, and the arts fuels her drive to create transformative visitor experiences. Lisa holds a Bachelor of Arts (Honours) degree in History from Queen's University and a Master's degree in Museum Studies, from the University of Toronto. Prior to joining Lord Cultural Resources, Lisa worked for several different municipal and provincial cultural organizations, researching, developing, delivering, and evaluating museum exhibitions, programmes, and special events for a variety of audiences. MARISHANA MABUSELA Consultant at Lord Cultural Resources Role. Visitor Experience As Consultant at Lord Cultural Resources, Marishana brings international experience working in Canada, Jordan and the United Kingdom to support research, content development, interpretation and public engagement initiatives across the cultural sector. She uses her analytical and research skills to deliver historical research, market research and comparator data on diverse projects, and her strong administrative skills to lead and coordinate as the main client contact. Marishana has a strong background in archaeology and is passionate about promoting history to wide audiences. Prior to joining Lord Cultural Resources, Marishana worked with various museums, cultural consultancies, and non-profit organizations in the sector. Most recently, she conducted research, developed content and was interviewed for a podcast and animated video series to amplify Black history throughout Canada. She has also developed content for a mobile app in British Columbia, Canada to showcase a small town's historic legacy. While working for a cultural consultancy in London, UK, Marishana completed extensive research, content development and report writing for museum masterplans, interpretive plans, audience & stakeholder engagement projects, feasibility studies, situation analyses and business plans. She has also conducted audience research at various museums in Toronto and London, where she created bespoke surveys and interviewed hundreds of museum -goers to help maintain visitor satisfaction while bringing in diverse audiences. She is well -adept at catering to a client's needs and enjoys working on projects from concept phase to completion. Marishana has worked with Historica Canada, The Art Gallery of Ontario, Museum of London Archaeology, The Florence Nightingale Museum, Lloyd's Register Foundation, and many others. 9 Lord Cultural Resources 11 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services Marishana holds an MA in Archaeology from the Institute of Archaeology, University College London and a BA (Hons) from University of Toronto, as an Archaeology Specialist and Anthropology Minor. She has conducted fieldwork in Southern Ontario, Canada, Southeastern England and central Jordan, and has collections management experience. SEAN STANWICK Director, Facilities Planning at Lord Cultural Resources Role: Building Program and Site Planning Sean is an experienced facilities planner and programmer with over 20 years of ` experience in the field. Sean's ultimate goal is to create inspiring places and experiences that advance clients' cultural, interpretive and operational goals. He is adept at synthesizing and communicating large amounts of complex input gathered during the planning process for use by decision makers. His capacity to facilitate and organize the contribution of diverse client and consultant team members enables timely evaluation of issues and options. As a Director, Facilities Planning Sean contributes to collections, exhibit and facilities planning and programming projects for cultural institutions world-wide, bringing a unique understanding of the needs of all users from collections to staff and visitors. He has led the development of multiple space programs and strategic facility master plans for complex institutional projects including museums, galleries, and educational facilities, involving new buildings, renovations, and campus reorganization plans. Facilitating the Client relationship through a collaborative planning process, Sean's core strengths include: • Ability to develop long-range, strategic master planning solutions and conceptual facility plans that lift the human spirit • Experience quantifying space programming needs and functional requirements • Effective ability to succinctly communicate key ideas to non -design based stakeholders • A commitment to ensuring his clients and end -users alike achieve a culture of "active believe -in" versus "passive buy -in" Significant cultural and museum projects which Sean has played key management and planning roles include the Agnes Etherington Art Centre (Queen's University), the Institute and Museum for California Art (U.0 Irvine), the Raclin Murphy Museum of Art (University of Notre Dame), the Hoover Institution Library and Archives (Stanford University), the Muscarelle Museum of Art (College of William and Mary) the Tennessee State Museum (Nashville). Sean is also a contributor to the Manual of Museum Exhibitions, 3rd Edition in 2021. Sean is a graduate of the School of Architecture at University of Toronto and the Masters of Environmental Design program at University of Calgary. © Lord Cultural Resources 12 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services TASHA W. HUNTER, MFA Thought Leader at Lord Cultural Resources Role: Community Engagement Tasha W. Hunter is the Executive Director of the Uptown Business Improvement District and founder of Wiggins Hunter Consulting Group, specializing in public speaking, community engagement, creative business development, and cultural planning. She has worked with communities at home and abroad, colleges and universities, city and elected officials to create events and experiences for the community, focused on arts, culture, empowerment, education and civic engagement. Prior to this work, Tasha was an Outreach Specialist at both the Liberal Arts and Pacific Coast Campus at Long Beach City College. Tasha has helped launch many successful programs and events in the Greater Los Angeles area. She serves as the project manager for the monthly Leimert Park Artwalk and the annual LA Commons "Day of the Ancestor Mask Festival, and Procession," bringing together communities from all parts of the globe. Tasha has been influential in Long Beach's creative community through event planning, as co -creator the monthly Community Conversations with the Arts Council, and conducting outreach bringing diverse communities to the table to discuss a range of topics. Tasha's public speaking has taken her to Cuba, Africa, and Brazil to engage in topics including Black Culture, the arts, cross-cultural exchanges; and locally talks on diversity, equity and inclusion, and other subjects. As lead community engagement consultant for the African American Cultural Center of Long Beach visioning process, Tasha and her team sought input from a wide range of community members on their expectations for this future cultural center. In this process, she also helped develop a cultural asset inventory. Tasha served as Board President for the Arts Council for Long Beach from 20016-2019, and a Cultural Heritage Commissioner, and was chair of Long Beach Opera's community advisory council for their 2019 season entitled "Justice." In 2018 as the UPLAN Committee chair, local residents created new visions, economic strategies, active transportation improvements, cultural planning and zoning to guide future development and consolidate past planning efforts for Uptown (North) Long Beach. Tasha recently received the Innovation Award from Senator Ricardo Lara, the Award of Magnificence from the City Council, and a Certificate of Excellence from Congressman Alan Lowenthal for her work with the 2019 Young Women's Empowerment Conference. Tasha earned her Masters of Fine Arts in Film and Television Producing from Chapman University's Conservatory of Film and Television, her Bachelors of Arts from the University of California, Los Angeles, in Documentary Film Production, and Associates of Arts Degree in Journalism from Long Beach City College in California. © Lord Cultural Resources 13 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services AMY KAUFMAN Principal at AK Cultural Planning Role: Business Planning Amy has demonstrated success in institutional planning, organizational strategy, business and facilities planning, market research, and project implementation. She has worked with institutions of all types and sizes, including museums, universities, parks, botanic gardens, visitor centers and heritage sites. She collaborates with institutional leaders, government agencies, architects, developers, and foundations and to integrate a variety of goals and perspectives. She is most passionate about cultural projects that advance arts, culture, and civil and human rights. At AK Cultural Planning Amy leads specialized teams to conduct tailored research and integrate the findings into strategic, operational, and visitor experience plans. Her unique approach is focused on ensuring the building blocks of long-term sustainability are in sync, including mission -based programming, audience development goals, facilities, staffing, business strategy, brand, communications, and governance. Clients include the Perez Art Museum Miami, Studio Museum in Harlem, The Africa Center, National Audubon Society, and The Trust for Governors Island. During her 12-year tenure at Lord Cultural Resources, Amy led focused strategy projects for Central Park Conservancy, Nasher Sculpture Center, Vaclav Havel Library in Prague, the Barnes Foundation, and Harvard, Princeton, and Columbia Universities. She also played a leading role in planning new museums as well as programmatic and physical expansions for existing museums. Clients included National Museum of African American History and Culture, Constitution Hill in Johannesburg, Eli and Edythe Broad Art Museum at Michigan State University, Longwood Gardens, National Museum of the American Latino, and Planet Word. Before joining Lord, Amy was Director of Planning and Operations for Special Projects at the Solomon R. Guggenheim Museum as well as Director of Visitor Services during a period of major expansion. Earlier in her career, as a member of the Account team at advertising firm N.W. Ayer and Partners, Amy focused on market research and brand strategy for Procter & Gamble products. Amy contributed significantly to the third edition of the Manual of Museum Planning: Sustainable Space, Facilities and Operations, Altamira Press, 2012. She has taught Museum and Non -Profit Management at Sotheby's Institute of Art; and serves on the Board of No Longer Empty. She has a Master of Arts in Latin American Studies from New York University and a Bachelor of Arts in Art History from Tulane University. NAKOTO RENTZ, CGC AAssociate Principal at Venue Role: Cost Consulting Nakoto Rentz, CGC, an Associate Principal of Venue, is an accomplished senior Cost Consultant credited with highly successful performing arts projects under his cost control belt, spanning a nearly 25 year career. He joined Venue in 2013. © Lord Cultural Resources 14 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services In 1997, Nakoto began his construction career working for a multinational construction management & general contracting firm, as well as a family -owned Florida based commercial/residential general contractor. He gained hands on experience on projects ranging from hospitals and public schools, to houses of worship and single-family residences. Nakoto has collaborated with design and construction teams for projects in the US and has assisted, in varying capacity, design and construction teams on over 50 complex projects to budget, ranging in single project size of $10 million to over $100 million. Nakoto is a Senior Cost Consultant, responsible for guiding design teams to design projects to budget. His duties include establishing project budgets at all design stages, cost control, value engineering, local market cost research, and contractor/construction manager bid and GMP validation. 9 Lord Cultural Resources 15 Meths Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 3. Methodology 00 V Ira Creation of an Integrated Concept Plan ? Start Up Meeting ? Background Information Review ? Environmental Scan ? Comparables Analysis ? Visioning Workshop ? Stakeholder and Subject Matter Expert Interviews ? Visitor Experience Strategy ? Building Program ? Facility Site Plan ? Capital Cost Estimates Governance and Operating Structure ? Staffing Plans and Governance Options ? Identify Funding Sources, Agreements and Public/Private Partnerships ? 5-Year Business Plan Development of Design Requirements Design Solicitation 0 Communication and Community Stakeholder Engagement Activities Community Engagement 1. CREATION OF AN INTEGRATED CONCEPT PLAN 1.1 Start Up Meeting We will kick off the project with a meeting with City of Miami appointees and the Virginia Key Beach Park Trust via Zoom to introduce the consultant team and to review the project plan. This review will help to confirm and refine the scope and ensure the final product suits your needs to advance the project. During this meeting we will also review timelines and deliverables and the roles and responsibilities of the committee and consultant team. 9 Lord Cultural Resources 17 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 1.2 Background Information Review The consultant team will conduct a thorough literature review of available materials including municipal and County plans for the immediate and surrounding planning districts, historic preservation studies, regulations and guidelines. Additionally we will review any relevant planning and concept documents, business plans and other studies provided by the client team, and analyze demand and capacity for core earned income streams, including admissions, special events, programming, and education. We will also conduct a review of the most recent operating budgets to ensure alignment with the updated assumptions and future projections. 1.3 Environmental Scan We will develop an environmental scan which examines civil rights museums and related historic landmarks across the United States. We will select those museums and landmarks that are in municipalities of similar size and context to Miami. The purpose of this environmental scan is to provide the City and the Trust with examples of a range of approaches that could be applied to Virginia Key Beach and assess trends and common characteristics with respect to size, programs, exhibition spaces and economic and social impact. 1.4 Comparables Analysis From the list of museums examined in the environmental scan, we will select three to five examples for further study. We will collect 2019 (pre-COVID) financial and operating data including attendance, operating revenues and expenses for the purposes of modeling and comparison. Additionally we will examine governance and operating models, staffing complements and other key data that will help to inform the concept for the new museum at Virginia Key Beach. We will seek the client's support in reaching out to these peers to encourage their participation. 1.5 Visioning Workshop The consultant team will facilitate an in -person full day creative visioning session with select City staff, Board of Trustees, Virginia Key Beach Executive Director and other stakeholders including Virginia Key Advisory Board, Virginia Key Alliance and Miami -Dade County leadership. The purpose of the workshop is to discuss aspirations for the museum. We will look to identify and confirm major themes, key objectives and visitor experience goals building upon the key project pillars of history, culture and environmental awareness. As part of the visioning session we will address, educational and public program opportunities, collections and artifacts, types of media and interactivity that will work and will not work. Additionally we will identify key facility -related issues - exhibition spaces, administration and programming and any other specialized areas needed to accommodate the vision. Lastly we will discuss key partners and potential funders to the project and the role the City and County may play for the museum. 9 Lord Cultural Resources 18 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 1.6 Stakeholder and Subject Matter Expert Interviews Building on the outcomes of the visioning workshop, we will interview 6-8 key stakeholders and subject matter experts to gain greater input and incite to the Visitor Experience Strategy. The goal of these interviews will be to delve deeper into the themes and core messages identified in the workshop. 1.7 Visitor Experience Strategy (Programming and Activity Plan) The Visitor Experience Strategy will describe in words together precedent images what the visitor will see and do at the new museum. It will, at a high level, outline exhibition priorities, core messages, prioritize themes, audience types and describe the various modes of interpretation - interactive and multi -media, hands on activities, artifact displays and others that can be employed at the museum. The strategy will also include a description of the types of public and educational programs, activities and events that could take place at the museum. It will also identify the types of potential services and amenities such as retail and food service as well as other revenue generating opportunities. Deliverable #1 Visitor Experience Strategy. We will deliver a draft Visitor Experience Strategy to the client team for feedback and approval. We will make any necessary changes and revisions to the strategy and incorporate into a final Strategy. 1.8 Building Program Informed by the Visitor Experience Strategy and the experience of comparable institutions we will develop a functional program that will include the identification of spaces and uses for the new museum. The foregoing analyses and recommendations will be brought together to develop the following: • Planning Goals, Principles and Assumptions • Tabular -Based Space Allocation Table - departmental room by room definition of net and gross floor areas including exhibit areas, back of house/administrative, front of house/public zones, retail and food/beverage, servicing, circulation areas and outdoor spaces- provided as an MS Excel Table • Functional / Qualitative Descriptions of each of the spaces • Site/Location Criteria • Functional Relationship Diagrams - adjacencies • Technical Systems Recommendations Museum Zoning We will organize the space allocation within zones. Zoning is a Lord -developed, proprietary method that organizes all the functional areas into primary categories defined by whether a space accommodates exhibits or not, and whether the space normally is open to the public, or not. Professional experience has shown that cultural buildings typically follow a predictable percentage distribution relative to total area. 9 Lord Cultural Resources 19 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services Should the draft program diverge significantly from these institutional norms, we are able to identify areas for modification. The zones are defined as: • Zone A: Public Amenities • Zone B: Galleries and Exhibits • Zone C: Exhibit Support • Zone D: Building Support • Zone E: Exterior Spaces 1.9 Facility Site Plan and Building Test -Fit Model Based on the space allocations and adjacencies determined through the development of the building program we will have identified the total net and gross areas for the new building. Based on this information we will provide options for the footprint for the new building providing pros and cons of each option. We will make recommendations as to the optimal footprint for the new building based on functionality, operations, environmental impact and cost. We will then conduct a thorough analysis of the park, reviewing the current park amenities, transportation corridors and access, neighbouring facilities and institutions, and ecologically sensitive areas. Based on our analysis we will establish a set of criteria approved by the client team that will inform the potential site locations for the museum. Once we have an agreed upon footprint we will provide 2-3 site locations and landscape plans for the museum at the park. We will want to ensure the locations first and foremost respect the Virginia Key's natural eco-system and consider all of the environmental regulations of the area. Building Test -Fit Model We will provide schematic floorplans which demonstrate the preliminary planning for the new museum at Virginia Key, showing the location as described above, layout and key inter- relationships between program areas as outlined in the building program. The Building Test -Fit (massing model) will be used to confirm that the functional program requirements can be translated into an efficient building layout and to help inform the capital project budget. 1.10 Capital Cost Estimates The cost consultants, Venue, under Lord Cultural Resources, will perform on -site due diligence, as required to inform construction costs including but not limited to environmental, Geotech and natural heritage and will base its costing on all the elements of the functional program and further informed by the site plan and test -fit model. The cost consultant will provide order -of -magnitude hard cost estimates in addition to soft costs including industry standard contingencies, typical development approval costs, design costs, industry standard project management costs, and others. Capital cost estimates will consider and reflect all building resilience and sustainability requirements and ensure that materials, systems and practices are adequately calculated. This could include a building that is LEED certified with levels to be confirmed by the client. © Lord Cultural Resources 20 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services In addition to building cost estimates, Lord will provide high level, order -of magnitude permanent exhibition hard and soft costs. These estimates will be based on the types of exhibits identified in the Visitor Experience Strategy. DELIVERABLE #2 Integrated Concept Plan Report - Upon the completion of the capital cost estimates, we will deliver this report that incorporates the Visitor Experience Strategy, Building Program, Site Plan and Test -fit models and Capital Cost Estimates. 2. GOVERNANCE AND OPERATING STRUCTURE 2.1 Staffing Plans and Governance Options Based on the assumptions developed in the Visitor Experience Strategy and informed by the comparables in the previous section, we will develop a staffing plan that will reflect the programs and activities of the new museum. We will identify a full compliment of staff including programming, curatorial, development, marketing and communications, operations, administrative, front of house and others that align with the scale and scope of the institution. In addition to staffing plans we will review and present various governance models and options for the museum. We will make recommendations to the client for a governance model that best meets the needs and interests of stakeholders and the public and ensures the long-term sustainability of the new institution. 2.2 Identify Funding Sources, Agreements and Public/Private Partnerships We will identify a spectrum of opportunities for revenue generation based on the experiences of other comparable institutions in addition to our knowledge and experience. These opportunities will focus more on contributed income such as sponsorship, fundraising and philanthropy. We will apply these potential opportunities to the development of the business plan below. We will further review Virginia Key Beach's existing agreements and partnerships. We will assess whether these agreements and partnerships can be applied to the museum as a starting point and will further identify the new potential partnerships that would best suit the client's aspirations for the new institution. Partnerships could include, for example, programming with cultural, historical and environmental organizations; financial with local, regional, state and national private sector companies and curatorial with other museums. 2.3 5-Year Business Plan AK Cultural Planning under Lord Cultural Resources will create a 5-Year Business Plan based on assumptions pertaining to the Visitor Experience Strategy, market, exhibitions and programs, facilities, operations, and timeline for construction and implementation. 9 Lord Cultural Resources 21 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services Market Interviews and Updated Assumptions: Market, Program, Facilities, Finances, Timeline We will build on our existing knowledge of the Miami marketplace, by conducting ten interviews with experts in tourism, event planning and other crucial areas that will inform updated assumptions. We will assess and potentially recommend adjustments to the attendance projections originally generated by our team. We will also recommend adjustments to the revenue and expense assumptions, including staffing as identified in the previous section and maintenance of the visitor experience that is under consideration. All adjustments will be reviewed and finalized in a half day Assumptions Workshop in Virginia Key Beach with the client. Once the assumptions have been adjusted, we will proceed with the projections for the business plan, Business Plan: Attendance, Revenue and Expense Projections Projections will be developed for up to five years of operations (often a two-year implementation period, plus three years of operation, with the third generally considered a stable state). Projections will be based on a variety of comparative methodologies and the judgment and experience of the consultants with respect to the potential market for the visitor experience. Revenue projections will include relevant categories such as admissions, retail sales, membership, fundraising events and other self -generated revenues, including entrepreneurial sources to be identified within the study process. Revenue projections for contributed and grant support can be incorporated from another fundraising consultant or assumptions with the client. AK Cultural Planning is not a fundraising firm and cannot provide detailed market -specific projections for Contributed Revenue categories. Rather, we can model projections in conversation with the client, and based on the information provided by relevant peers and market experts as identified in the previous section. Expenses will be projected for such categories as salaries, wages and benefits, occupancy costs (utilities, repairs and maintenance, insurance and security), exhibit and programming costs, general and administrative costs, costs of fundraising and development, cost of goods sold and marketing. The projections will reflect our judgment regarding the visitor experience, assumed external factors that may affect the projections, and the experience of other cultural institutions. The bottom line will identify the net operating gap between revenue and expenses and will thus indicate the additional amount required from contributed sources or endowment to break even each year on operations. DELIVERABLE #3 Rightsizing and Final Business Plan Adjustments to the assumptions or program plan may be needed to bring the operating budget in line with anticipated resources. The final Business Plan will incorporate staff and Planning Committee edits, and an Executive Summary will be produced. © Lord Cultural Resources 22 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 3. DEVELOPMENT OF DESIGN REQUIREMENTS 3.1 Design Solicitation Following the approvals by the client team of the Visitor Experience Strategy, Building Program, Site plan and Test -Fit Model we will then begin to develop the guidelines for design solicitation. We will extract the key elements from each of these work products to create an architectural brief and design parameters. We will ensure that the brief and guidelines clearly articulate the resilience and sustainability requirements for the building. We will make recommendations as to approaches for design solicitation such as an open competition, limited selection or by invitation. Each of these approaches have advantages and disadvantages and we will work with the client to select the best way forward that the produces maximum impact. Once an approach has been decided we will then draft a schedule and timelines as each of the approaches have unique and specific guidelines that influence schedule and resources required. DELIVERABLE #4 Design Solicitation Report 4. COMMUNICATION AND COMMUNITY STAKEHOLDER ENGAGEMENT ACTIVITIES 4.1 Community Engagement Community engagement is critical to test the ideas and approaches of the Visitor Experience Strategy and to achieve buy -in for the project. It serves an important purpose in itself, that of building trust and consensus among broad constituents and of re -affirming community -wide support and sustained involvement in the project. In addition to supporting the City with content on websites, we propose three types of community engagement which we will design and implement as follows: On line survey: In consultation with the City, a web -based survey will be prepared by the consultant team and integrated onto the City"s website. We will work with the City to leverage its social media platforms to promote the survey more fully engage the public. Pop -Up Events: To obtain the levels of community input required, we believe that it will be necessary to take the process out to the community via a series of "pop-up" events to be held in places such as City -owned recreational and community facilities, Library branches and at Virginia Key Beach. This pop-up model uses a push approach rather than a pull approach. This helps ensure that we reach as many people as possible and capture voices from across a wide range of individuals and communities in Miami. It also helps mitigate selection bias in the consultation population as a result of challenges related to transportation, work commitments and family responsibilities. We envision 4 to 6 of these events which will be informal, off-the-cuff engagement opportunities timed to coincide with ongoing activities. 9 Lord Cultural Resources 23 Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services Town Hall Events: We will conduct two (2) community workshops to be held at Virginia Key Beach or other suitable location. These types of events referred to as "Town Halls" are open forums for residents to share their thoughts about the beach and the new museum- its strengths, challenges and opportunities. DELIVERABLE #5 Community Engagement Report This report will summarize the results and outcomes of the community engagement and include key findings and lessons learned that will help to advance the project. 9 Lord Cultural Resources 24 Budget Timeline Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 4.Budget & Timeline 4.1 FEES AND EXPENSES Our fees to conduct and deliver this plan is $260,000 + any applicable taxes. Travel and accommodation expenses are additional and reimbursable at cost. Phase Fees Phase 1 - Creation of an Integrated Concept Plan $138,000 Phase 2 - Governance and Operating Structure $70,000 Phase 3 - Development of Design Requirements $7,000 Phase 4 - Communication and Community Stakeholder Engagement $45,000 Activities Total Fees $260,000 9 Lord Cultural Resources 26 Virginia Key Beach Park Civil Rights Museum 4.2 PROPOSED TIMELINE Proposal for Master and Business Planning Services We estimate an 8-month time frame to complete this project and have assumed an early May 2022 start date as outlined below. Year 2022 • • - 1.1 Start-up Meeting 77 1.2 Background Information Review i 1.3 Environmental Scan 1.4 Comparables Analysis 1.5 Visioning Workshop • 1.6 Stakeholder and Subject Matter Expert Interviews 1.7 Visitor Experience Strategy (Programming and Activity Plan) - Deliverable #1 1.8 Building Program 1.9 Facility Site Plan and Building Test -Fit Model 1.10 Capital Cost Estimates Deliverable #2 - Integrated Concept Plan Report 2.1 Staffing Plans and Governance Options 2.2 Identify Funding Sources, Agreements and Public/Private Partnerships 2.3 5-Year Business Plan Deliverable #3 - Rightsizing and Final Business Plan .. .®. M=MI 3.1 Design Solicitation - Deliverable #4 - Design Solicitation Report 4.1 Community Engagement - Deliverable #5- Community Engagement Report Deliverables • Workshops/Meetings © Lord Cultural Resources 27 s 1av1 %I aw , 'r qb godop '� *• s 40 CITY OF MIAMI BID WAIVER AGREEMENT WITH LORD CULTURAL RESOURCES, INC This Agreement is hereby effective as of , 2022 Effective ate by and between the Historic Virginia Key Beach Park Trust, an independent agency and instrumentality of the City of Miami ("HVKBPT") and Lord Cultural Resources, Inc., a for « n profit corporation authorized to conduct business in the State of Florida onsultant or Lord" RECITALS: WHEREAS, the HVKBPT operates to highlight the rich cultural history, regional African American contributions, civic activism, and environmental preservation of Historic Virginia Key Beach Park to educate future generations; and WHEREAS, the City desires to develop a masterplan and business plan for the Historic Virginia Key Beach Park Museum; and WHEREAS, the City Manager has recommended that the requirements for competitive sealed bidding procedures be waived and thatthe procurement ofthe above services, as specified herein be approved, and WHEREAS, pursuantto Resolution , adopted on October 13, 2022, the City Commission, by 4/5ths affirmative vote, approved this bid waiver. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant, HVKBPT and the City agree as follows: TERMS 1. RECITALS AND INCORPORATIONS; DEFINITIONS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. The Services, Scope of Work and Pricing Proposal, is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Consultant's Insurance Certificate is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "B". The order of precedence whenever there is conflicting or inconsistent language between documents is as follows in descending order of priority: (1) the Professional Services Agreement ("PSA"), inclusive of all Exhibits, as may be amended; and (2) the Consultants proposal dated March 25, 2022, acknowledging the scope of services and pricing component of the Services. 1 2. TERM: The Agreement shall become effective on the date indicated on the first page and shall be forthe duration of three (3) years with three (3) one (1) year options to renew. The City Manager shall have the option to extend this agreement or terminate the Agreement for convenience, that is, for any or no cause. 3. SCOPE OF SERVICES: A. Consultant agrees to timely and competently provide the Services as specifically described and set forth in Exhibit "A". B. Consultant represents to the City that. (i) it possesses all qualifications, licenses, certificates, registrations, authorizations, and expertise required for the performance of the Services, including, but not limited to, full authorization and qualifications to do business in Florida, and (ii) it is not delinquent in the payment of any sums due the City, its agencies and instrumentalities, including payment of permits, fees, occupational licenses, fines, liens, violations, etc., nor in the performance of any contractual obligations or payment of any monies to the City, its agencies and instrumentalities, nor has been debarred by any Florida public agency or been placed on the convicted vendors list pursuant to Section 287.133, Florida Statutes, as amended, and (iii) all personnel assigned to perform the Services are and shall be, at all times during the term hereof, fully qualified and trained to perform the tasks assigned to each, and (iv) the Services shall be performed in the manner described in Exhibit "A"; and (v) each person executing this Agreement on behalf of Consultant shall have been duly authorized to so execute the same and fully bind Consultant as a party to this Agreement. C. Consultant shall at all times provide fully qualified, competent, and physically capable employees to perform the Services under this Agreement. City may require Consultant to remove any employee the City deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued services under this Agreement are not in the best interest of the City. 4. COMPENSATION: A. The amount of compensation payable by the City to the Consultant shall be based on the rates quoted in Exhibit "A" hereto; provided, however, that in no event shall the amount of compensation exceed a cumulative total of Two Hundred Sixty Thousand Dollars ($260,000.00) in anyone (1) contract year for the Services provided under this Agreement, inclusive of any costs and expenses. L B. Unless otherwise specifically provided in Exhibit "A", payment shall be made within forty-five (45) days after receipt of Consultants invoice for Services performed, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, to allow a proper audit of expenditures, should the City require one to be performed. Invoices shall be sufficiently detailed to comply With the "Florida Prompt Payment Act", Sections 218.70. - 218.80, Florida Statutes, as amended, and other such applicable laws. No advance payments shall be made at any time. C. Consultant agrees and understands that (i) any and all subconsultants providing Services related to this Agreement shall be paid through Consultant and not paid directly by the City, and (ii) any and all liabilities regarding payment to or use of subconsultants for any of the Services related to this Agreement shall be borne solely by Consultant. D. The City will pay Consultant one hundred percent (100%) of each total invoice amount, up to a maximum total of Iw�IT o Hundred Sixty Thousand Dollars ($260,000.00) in any one (1) contract year for the Services provided under this Agreement, inclusive of any costs and expenses. 5. OWNERSHIP OF DOCUMENTS: Consultant understands and agrees that any information, document, data, report or any other material whatsoever which is given by the City to Consultant, its employees, or any subconsultant, or which is otherwise obtained or prepared by Consultant solely and exclusively for the City pursuant to or under the terms ofthis Agreement, is and shall at all times remain the property of the City. Consultant agrees not to use any such information, document, data, report or material for any other purpose whatsoever without the written consent ofthe City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. Consultant is permitted to make and to maintain duplicate copies of the files, records, documents, data, etc. if Consultant determines copies of such records are necessary subsequent to the termination of this Agreement, however, in no way shall the confidentiality as permitted by applicable law be breached. The City shall maintain and retain ownership of any and all documents and data which result upon the completion of the work and Services under this Agreement as per the terms of this Section 5. 6. AUDIT AND INSPECTION RIGHTS AND RECORDS RETENTION: A. Consultant agrees to provide access to the City or to any of its duly authorized representatives, to any books, documents, papers, data, and records, including, without limitation, electronic records of Consultant which are directly pertinent to this Agreement, for audit, examination, excerpts, and transcripts. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Consultant under this Agreement, audit and inspect, or cause to be audited and 3 inspected, those books, documents, data, papers, and records of Consultant which are related to Consultants performance under this Agreement. Consultant agrees to maintain all such books, documents, papers, data, and records at its principal place of business for a period ofthree (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultants failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation ofthis Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultants facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Consultant under this Agreement conform to the terms hereof. Consultant shall make available to the City all facilities and reasonable assistance to facilitate the performance oftests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, theprovisions of Sections 18-99, 18-100, 18-101 and 18-102 of the Code ofthe City of Miami, Florida as same may be amended or supplemented, from time to time ("City Code"). 7. AWARD OF AGREEMENT: Consultant represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award ofthis Agreement. 8. PUBLIC RECORDS: (Non -Negotiable) A. Consultant understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City Agreements, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. Consultant's failure or refusal to comply with the provisions ofthis section shall result in the immediate cancellation ofthis Agreement by the City. B. Consultant shall additionally comply with Section 119.0701, Florida Statutes, including without limitation. (1) keep and maintain public records that ordinarily and necessarily would be required by the City to perform this Service, (2) provide the public with access to public records on the same terms and conditions as the City would and at the cost provided by Chapter 119, Florida Statutes, or as otherwise provided by law, (3) ensure that public records that are exempt or confidential and exemptfrom disclosure are not disclosed except as authorized by law, (4) meet all requirements for retaining public E records and transfer, at no cost, to the City all public records in its possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from disclosure requirements, and, (5) provide all electronically stored public records that must be provided to the City in a format compatible with the City's information technology systems. Notwithstanding the foregoing, Consultant shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms ofthe Agreement. C. Should Consultant determine to dispute any public access provision required by Florida Statutes, then Consultant shall do so in accordance with the provisions of Chapter 119, Florida Statutes, at its own expense, and at no cost to the City. D. 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 AT (305) 416-1830, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR EMAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH FL, MIAMI, FLORIDA 33130. 9. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Consultant understands that agreements with local governments are subject to certain laws and regulations, including laws pertaining to public records, conflicts of interest, ethics, lobbying, record keeping, etc. City and Consultant agree to comply with and observe all such applicable federal, state, and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. Consultant further agrees to include in all of Consultant's agreements with subconsultants for any Services related to this Agreement this provision requiring subconsultants to comply with and observe all applicable federal, state, and local laws, rules, regulations, codes and ordinances, as they may be amended from time to time. 10. INDEMNIFICATION: Consultant shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its officials, officers, agents, directors, and/or employees, from and against all liabilities, damages, losses, judgements, and costs, including, but not i limited to, reasonable attorneys fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant 5 and persons employed or utilized by Consultant in the performance of this Agreement. Consultant shall further indemnify, save and hold harmless, and defend (at its own cost and expense), the City its officials, officers, agents, directors, and/or employees from and against any civil actions, statutory, administrative, regulatory, or similar claims, injuries or damages arising or resulting from the Services, or from the Consultants alleged non- compliance with legal or contractual requirements relative to the Services, even if it is alleged that the City, its officials, officers, agents, directors, and/or employees were negligent. In the eventthat any action or proceeding is brought againstthe City by reason of any such claim or demand, the Consultant shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the responsibility to indemnify, hold and save harmless, and defend the City or its officials, officers, employees, agents, directors, employees, and instrumentalities as herein provided. The indemnification provided above shall obligate the Consultant to defend, at its own cost and expense, to and through trial, administrative, regulatory, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City s option, from and against any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by the Consultant, or persons employed or utilized by Consultant. These duties will survive the cancellation or expiration of the Agreement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as may be applicable and as amended. Consultant shall require all subconsultant agreements to include a provision that each subconsultant shall indemnify the City in substantially the same language as this Section. The Consultant agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Consultant in which the City participated either through review or concurrence of the Consultants actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the City, in no way, assumes or shares any responsibility or liability of the Consultant or subconsultant under this Agreement. Ten dollars ($10.00) fthe payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by the Consultant. on Consultant understands and agrees that all liabilities regarding the use of any subconsultant, supplier, laborer, or material person for Services related to this Agreement shall be borne solely by Consultant throughout the duration of this Agreement and that this provision shall survive the termination or expiration ofthis Agreement, as applicable. 11. DEFAULT: If Consultant fails to comply materially with any term or condition ofthis Agreement or fails to perform in any material way any of its obligations hereunder and fails to cure such failure after reasonable notice from the City, then Consultant shall be in default. Consultant understands and agrees that termination ofthis Agreement under this section shall not release Consultant from any obligation accruing prior to the effective date of termination. Should Consultant be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Consultant shall be liable to the City for all expenses incurred by the City in preparation and negotiation ofthis Agreement, as well as all costs and expenses incurred by the City in the re -procurement of the Services, including consequential and incidental damages. 12. RESOLUTION OF AGREEMENT DISPUTES: Consultant understands and agrees that all disputes between Consultant and the City based upon (awn alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Consultant being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty -Five Thousand Dollars ($25,000.00), the City Manager's decision shall be approved or disapproved by the City Commission. Consultant shall not be entitled to seek judicial relief unless: (i) it has first received the City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (or ninety (90) days if City Manager's decision is subjectto City Commission approval); or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation set forth in Section 4(A) ofthis Agreement. 13. TERMINATION; OBLIGATIONS UPON TERMINATION- (Non -Negotiable) A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, at anytime, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of 7 such termination. In such event, the City shall pay to Consultant compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. The Consultant shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. The City, by and acting through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. A material breach for purposes ofthis Agreement shall mean a contractual and legal term which refers to a failure of performance under the Agreement which is significant enough to give the City the right to sue for breach of contract. In such event, the City shall not be obligated to pay any amounts to Consultant for Services rendered by Consultant after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as ofthe effective date of termination. In no event shall the City be liable to Consultant for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, consequential, or incidental damages. 14. INSURANCE: A. Consultant shall, at all times during the term hereof, maintain such insurance coverage(s) as may be required by the City. The insurance coverage(s) required as of the Effective Date of this Agreement are attached hereto as Exhibit"C" and incorporated herein by this reference. The Consultant shall add the City of Miami as an additional insured to its commercial general liability, and auto liability policies, and as a named certificate holder on all policies. Consultant shall correct any insurance certificates as requested by the City's Risk Management Administrator. All such insurance, including renewals, shall be subject to the approval of the City for adequacy of protection and evidence of such coverage(s) and shall be furnished to the City Risk Management Administrator on Certificates of Insurance indicating such insurance to be in full force and effect and any cancelled or non -renewed policy will be replaced with no coverage gap and a current Certificate of insurance will be provided. Completed Certificates of Insurance shall be filed with the City prior to the performance of Services hereunder, provided, however, that Consultant shall at any time upon request file duplicate copies of the Certificate of Insurance with the City. B. Consultant understands and agrees that any and all liabilities regarding the use of any of Consultant's employees or any of Consultant's subconsultants for Services related to this Agreement shall be borne solely by Consultant throughout the term of this i Agreement and that this provision shall survive the termination of this Agreement. Consultant further understands and agrees that insurance for each employee of Consultant and each subconsultant providing Services related to this Agreement shall be maintained in good standing and approved by the pity Risk Management Administrator throughout the duration of this Agreement. C. Consultant shall be responsible for assuring that the insurance certificates required under this Agreement remain in full force and effect for the duration of this Agreement, including any extensions hereof. If insurance certificates are scheduled to expire during the term of this Agreement and any extension hereof, Consultant shall be responsible for submitting new or renewed insurance certificates to the City's Risk Management Administrator as soon as coverages are bound with the insurers. In the event that expired certificates are not replaced, with new or renewed certificates which cover the term of this Agreement and any extension thereof: (i) the City shall suspend this Agreement until such time as the new or renewed certificate(s) are received in acceptable form by the City's Risk Management Administrator, or (i i) the City may, at its sole discretion, terminate the Agreement for cause and seek procurement related damages from Consultant in conjunction with the violation ofthe terms and conditions ofthis Agreement. D. Compliance with the foregoing requirements shall not relieve Consultant of its liabilities and obligations under this Agreement. 15. NONDISCRIMINATION: Consultant shall not unlawfully discriminate against any person in its operations and activities or in its use or expenditure of funds in fulfilling its obligations under this Agreement. Consultant shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act (ADA) in the course of providing any services funded by T City, including Titles I and 11 of the ADA (regarding nondiscrimination on the basis of disability), and all applicable regulations, guidelines, and standards. In addition, Consultant shall take affirmative steps to ensure nondiscrimination in employment against disabled persons. Consultant affirms that it shall not discriminate as to race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used in connection with its performance under this Agreement. Furthermore, Consultant affirms that no otherwise qualified individual shall be excluded from participation in, be denied the benefits of, or be subjected to, discrimination under any program or activity solely by M reason of their race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. In connection with the conduct of its business, including performance of services and employment of personnel, Consultant shall not discriminate against any person on the basis of race, age, religion, color, gender, gender identity, sexual orientation, national origin, marital status, physical or mental disability, political affiliation, or any other factor which cannot be lawfully used. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 16. ASSIGNMENT: The onsultantS Services are considered unique in nature. I T his Agreement shall not be assigned, sold, conveyed, or pledged by Consultant, in whole or in part, and Consultant shall not assign any part of its operations under this Agreement, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City's sole discretion through the City Manager. 17. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered, or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CONSULTANT: Joy Bailey Bryant President, US Lord Cultural Resources 125 Park Ave, Suite 2553 New York, NY 10017 10 TO THE CITY: Arthur Noriega V City Manager City of Miami 444 SW 2nd Avenue, 10°^ Floor Miami, FL 33130-1910 With copies to: Victoria Mendez City Attorney City of Miami 444 SW 2nd Avenue, Suite 945 Miami, FL 33130-1910 Juvenal Santana, P.E. Resilience and Public Works Director City of Miami 444 SW 2nd Avenue, 8- Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director City of Miami 444 SW 2— Avenue, 6- Floor Miami, FL 33130-1910 18. MISCELLANEOUS PROVISIONS: T A. I his Agreement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami - Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. B. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach ofthe same or any other provision hereof, and no waiver shall be effective unless made in writing. C. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competentjurisdiction to be invalid, illegal or otherwise unenforceable under the laws ofthe State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in orderto conform with such laws, or if not modifiable, then the same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. D. Consultant shall comply with all applicable laws, rules, and regulations in the performance of this Agreement, including, but not limited to, licensure and certifications required by law for professional service Consultants. E. This Agreement constitutes the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. Except as otherwise set forth in Section 2 above, the City Manager shall have the sole authority to extend, amend, or modify this Agreement on behalf of the City. 19. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 11 20. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an Independent Consultant, and not as an agent or employee of the City. Accordingly, neither Consultant, nor its employees, nor any subconsultant hired by Consultant to provide any Services under this Agreement shall attain, nor be entitled to, any rights or benefits under the civil Service or Pension Ordinances of the City, nor any rights generally afforded classified or unclassified employees. Consultant further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Consultant, its employees, or any subconsultant hired by Consultant to provide any Services hereunder, and Consultant agrees to provide or to require subconsultant(s) to provide, as applicable, workers' compensation insurance for any employee or agent of Consultant rendering Services to the City under this Agreement. Consultant further understands and agrees thatConsultant's or subconsultants use or entry upon City properties shall not in any way change its or their status as an Independent Consultant. 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability offunds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds, failure to allocate or appropriate funds, and/or change in applicable laws or regulations, or program requirements or continuation, upon thirty (30) days written notice. 22. FORCE MAJEURE: A "Force Majeure Event" shall mean an act of God, act of governmental body or military authority, fire, explosion, power failure, flood, storm, hurricane, sink hole, other natural disasters, epidemic, riot or civil disturbance, war or terrorism, sabotage, insurrection, blockade, or embargo. In the event that either party is delayed in the performanceof any actor obligation pursuant to or required by the Agreement by reason of a Force Majeure Event, the time for required completion of such act or obligation shall be extended by the number of days equal �t qo the total number of days, if any, that such party is actually delayed by such Force Majeure Event. The party seeking delay in performance shall give notice to the other party specifying the anticipated duration ofthe delay, and if such delay shall extend beyond the duration specified in such notice, additional notice shall be repeated no less than monthly so long as such delay due to a Force IVlajeure Event continues. Any party seeking delay in performance due to a Force Majeure Event shall use its best efforts to rectify any condition causing such delay and shall cooperate with the other party to overcome any delay that has resulted. 12 23. CITY NOT LIABLE FOR DELAYS: Consultant hereby understands and agrees that in no event shall the City be liable for, or responsible to Consultant or any subconsultant, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal (oar equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 24. USE OF NAME/SEAL: Consultant understands and agrees that the City its not engaged in research for advertising, sales promotion, or other publicity purposes. Consultant is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. The Consultant may not utilize the City's official seal or any likeness (thereof. The Consultant agrees to protect any confidential information provided by the City andwill not release information of a specific nature without prior written consent ofthe City Manager or the City Commission. 25. NO CONFLICT OF INTEREST: Pursuant to City Code Section 2-611 regarding conflicts of interest, Consultant hereby certifies to the City that no individual member of Consultant, no employee, and no subconsultant underthis Agreement nor any immediate family member of any ofthe same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the City that throughout the term of this Agreement, Consultant, its employees, and its subconsultants will abide by this prohibition ofthe City Code. 26. NO THIRD -PARTY BENEFICIARY: No persons other than the Consultant and the City (and their successors and assigns) shall have any rights whatsoever under this Agreement. There are no express or implied Third -Party Beneficiaries to this Agreement. 27. SURVIVAL: All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Agreement shall survive such expiration or earlier termination. 28. TRUTH -IN -NEGOTIATION CERTIFICATION, REPRESENTATION AND WARRANTY: Consultant hereby certifies, represents, and warrants to the City that on the date 13 of Consultants execution of this Agreement, and so long as this Agreement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to Consultant under this Agreement are and will continue to be accurate, complete, and current. Consultant understands, agrees, and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one M year of the end of this Agreement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 29. COUNTERPARTS; ELECTRONIC SIGNATURES: This Agreement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Agreement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Agreement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request. 30. ENTIRE AGREEMENT: This instrument and its exhibits constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 14 IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. ATTEST: Print Name: Title: (Corporate Seal/Notary) ATTEST AA Todd B. Hannon, City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: al Victoria Mendez City Attorney 15 n n "Lord Culturalor "Consultant" Lord Cultural Resources., a foreign profit corporation authorized to conduct business in Florida By: Print Name: Title: (Authorized Corporate Officer) "HVKBPT" Historic Virginia Key Beach Trust, an independent agency of the City of Miami By: Arthur Noriega V, City Manager KI APPROVED AS TO INSURANCE REQUIREMENTS: Ann -Marie Sharpe Risk Management Director CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to sign.) WHEREAS, Lord Cultural Resources, Inc., a foreign profit corporation authorized to conduct business in Florida ("Lord Cultural" or "Consultant"), desires to enter into an agreement with the City of Miami, a Florida municipal corporation ("City"), for the purpose of performing the work described in the Agreement to which this resolution is attached, and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the bylaws of the corporation, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that this corporation is authorized to enter into the Agreement with the City, and the President, , and the Secretary, , are hereby authorized and directed to execute the Agreement in the name ofthis corporation and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this day of , 2022. LAI Print Name: Title: ( Consultant ) (State) Corporation 16 (Sign) (Sign - Attest) Print Name. 17 SCOPE OF SERVICES AND PRICING PROPOSAL INSURANCE REQUIREMENTS Commercial General Liabiiity A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Prod ucts/Co m pleted Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement Business Automobile Liabiiity A. Limits of Liability $1,000,000.00 $2,000,000.00 $1,000,000.00 $1,000,000.00 Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos �I Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000.00 B. Endorsements Required City of Miami listed as an additional insured Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident 19 $1100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and missions Coverage Combined Single Limit Each Claim $1,000,000.00 General Aggregate Limit $1,000,000.00 Retro ate Included V. Network Security and Privacy Injury (Cybar Liability) Each Claim Policy Aggregate Limit Retro Date Included $1,000,000.00 $1,000,000.00 Consultant agrees to maintain Professional Liability/Errors and Omissions Coverage, along with Network Security and Privacy Injury (Cyber Liability) Coverage, if applicable, for a minimum of one (1) year after termination of the Agreement period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above. The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, OIdwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. 20