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24510
AGREEMENT INFORMATION AGREEMENT NUMBER 24510 NAME/TYPE OF AGREEMENT LORD CULTURAL RESOURCES PLANNING & MANAGEMENT, INC. DESCRIPTION BID WAIVER AGREEMENT/MUSEUM CONSULTANT SERVICES FOR THE HISTORIC VIRGINIA KEY BEACH PARK MUSEUM/FILE I D : 12566/R-23-0195/MATTER I D : 22-2144 EFFECTIVE DATE July 3, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 7/3/2023 DATE RECEIVED FROM ISSUING DEPT. 7/5/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C „Ul,,, AL v. CITY OF MIAMI DOCUMENT ROUTING FORM Department of Procurement ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: LORD CULTURAL RESOURCES INC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? I TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? r TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Bid Waiver Agreement YES NO ES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Master and Business Planning Services - HVKB Museum COMMISSION APPROVAL DATE: 4/27/23 FILE ID: 12566 ENACTMENT NO.: 23-0195 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER PR23152 June 26, 2023 Annie Perez, CPPO I 15:48:38 Epsoo--dov SIGNATURE:-4— ?.a-, RISK MANAGEMENT June 27, 2023 I Ann -Marie Sharpe 06:59:28 ED SIGNATURE: 1 rank j �N, CITY ATTORNEY matter 22-2144 June 30, 2023 11:1 McEDT e ,g SIGNATURE: -- ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER June 30, 2023 Larry Spring, CPA I 11:18:29 EDT SIGNATURE: 59SP" ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Natasha Colebrook -Williams SIGNATURE: DEPUTY CITY MANAGER June 30, 2023 I N/gl:ipogkba, Ph.D., PE SIGNATURE: �,;;:—„7',, , CITY MANAGER July 2, 2023 1 Arthur Noriega V 13:48:16 EDT SIGNATURE: 1 '"`rruur NOn` CITY CLERK July 3, 2023 1 Todd Hannon 19:48:31 EDT SIGNATURE: C PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C IAFI I{SPAT 1 I City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Tahlia Gray Contact Person Procurement Analyst Title 6/26/2023 Date: Procurement Requesting Client (305) 416-1912 Telephone Legal Service Requested: matter 22-2144 Bid Waiver Agreement with Lord Cultural Resources, Inc. for Master and Business Planning Services HVKB Museum Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C CITY OF MIAMI BID WAIVER AGREEMENT WITH LORD CULTURAL RESOURCES INC. This Agreement is hereby effective as of July 3rd , 2023 ("Effective Date") by and between the City of Miami, a Florida municipal corporation ("City"), and Lord Cultural Resources Planning & Management Inc., a foreign profit corporation authorized to conduct business in Florida ("Lord Cultural" or "Consultant"). RECITALS: WHEREAS, the Historic Virginia Key Beach Park Trust, an independent agency and instrumentality of the City ("HVKBPT"), operates to highlight the rich cultural history, regional African American contributions, civic activism, and environmental preservation of the 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 ("Services"); and WHEREAS, since 1981, the Consultant has helped create, plan, and operate cultural spaces and places in more than 460 cities, in 57 countries, and six continents; and WHEREAS, Consultant employs a human -centric approach to all their 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; and WHEREAS, pursuant with Section 18-85(a) of the Code of the City of Miami, Florida, as may be amended or supplemented from time to time ("City Code"), the City Manager has recommended that the requirements for competitive sealed bidding procedures be waived and that the procurement of the above Services from the Consultant, as specified herein, be approved; and WHEREAS, pursuant to Resolution No. 23-0195, adopted on April 27, 2023, the City Commission, by a 4/5ths affirmative vote, approved said bid waiver; NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Consultant and the City agree as follows: DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 Component, pursuant to the Consultant's Proposal, is hereby incorporated into and made a part of this Agreement and attached hereto as Exhibit "A". The Consultant's Insurance Requirements and Certificates of Insurance 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) this Agreement, inclusive of all Exhibits, as may be amended; and (2) the Consultant's Proposal dated March 25, 2022, acknowledging the Scope of Work and Pricing Component of the Services. 2. TERM: The Agreement shall become effective on the date indicated on the first page and the duration shall be for an initial period of three (3) years with three (3) additional 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, of Two Hundred Sixty Thousand Dollars ($260,000.00) in any one (1) contract year for the Services provided under this Agreement. Any DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C applicable, approved, travel expenses shall be billed at cost according to the City of Miami per diem guidelines. B. Unless otherwise specifically provided in Exhibit "A", payment shall be made within forty-five (45) days after receipt of Consultant's 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 the 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 the Consultant. D. The City will pay Consultant one hundred percent (100%) of each total invoice amount, up to a maximum total of Two Hundred Sixty Thousand Dollars ($260,000.00) in any one (1) contract year for the Services provided under this Agreement, inclusive of any material or equipment costs and expenses. E. The HVKBPT will pay for all approved travel expenses billed at cost according to the City of Miami Per Diem guidelines. Travel expenses shall be billed separately. 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 of this 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 of the 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 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 inspected, those books, documents, data, papers, and records of Consultant which are related to Consultant's performance under this Agreement. Consultant agrees to maintain all such books, documents, papers, data, and records DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C at its principal place of business for a period of three (3) years after final payment is made under this Agreement and all other pending matters are closed. Consultant's failure to adhere to, or refusal to comply with, this condition shall result in the immediate cancellation of this Agreement by the City. B. The City may, at reasonable times during the term hereof, inspect the Consultant's 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 of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Sections 18-99, 18-100, 18-101 and 18-102 of the 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 of this 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 of this section shall result in the immediate cancellation of this 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 exempt from disclosure are not disclosed except as authorized by law; (4) meet all requirements for retaining public 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 of the 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C RECORDS AT (305) 416-1830, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR REGULAR MAIL 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, save and hold harmless, and defend (at its own cost and expense), the City, its officials, officers, agents, directors, employees, instrumentalities and/or agencies (individually and collectively the "Indemnitees") from and against all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Consultant 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 Indemnitees from and against any civil actions, statutory, administrative, regulatory, or similar claims, injuries or damages arising or resulting from the Services, or from the Consultant's alleged non-compliance with legal or contractual requirements relative to the Services, even if it is alleged that the Indemnitees were negligent. In the event that any action or proceeding is brought against the 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, save and hold harmless, and defend the Indemnitees 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 Indemnitees, 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, DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 Indemnitees in substantially the same language as this Section. The Consultant agrees and recognizes that the Indemnitees 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 Consultant's actions. In reviewing, approving, or rejecting any submissions by the Consultant or other acts of the Consultant, the Indemnitees, in no way, assume or share any responsibility or liability of the Consultant or subconsultant under this Agreement. Ten dollars ($10.00) of the 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. 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 of this Agreement, as applicable. 11. DEFAULT: If Consultant fails to comply materially with any term or condition of this 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 of this 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 of this 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 an 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Manager's decision is subject to 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) of this 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 any time, by giving written notice to Consultant at least thirty (30) calendar days prior to the effective date of 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, acting by and 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) calendar days after written notice of default. A material breach for purposes of this 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 of 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 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 "B" 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. DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 the Consultant throughout the term of this 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 City 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 (ii) the City may, at its sole discretion, terminate the Agreement for cause and seek procurement related damages from Consultant in conjunction with the violation of the terms and conditions of this 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 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 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 Consultant's services are considered unique in nature. This 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 Planning & Management Inc. 125 Park Avenue, Suite 2553 New York, NY 10017 TO THE CITY: Arthur Noriega V City Manager City of Miami 444 SW 2nd Avenue, 10th 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, 8th Floor Miami, FL 33130-1910 Annie Perez, CPPO Procurement Director City of Miami 444 SW 2nd Avenue, 6th Floor Miami, FL 33130-1910 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 18. MISCELLANEOUS PROVISIONS: A. This 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 of the 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 competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to 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. 20. INDEPENDENT CONTRACTORS: Consultant has been procured and is being engaged to provide Services to the City as an independent contractor, 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 that Consultant's or subconsultants' use or entry upon City properties shall not in any way change its or their status as an independent contractor. DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 21. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds 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 performance of any act or 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 to 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 of the 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 Majeure 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. 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 or 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 is 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 and will not release information of a specific nature without prior written consent of the 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 under this Agreement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. Consultant hereby represents and warrants to the DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C City that throughout the term of this Agreement, Consultant, its employees, and its subconsultants will abide by this prohibition of the 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 of Consultant's execution of this Agreement, and for 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 (1) 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 sets 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. DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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: "Lord Cultural" or "Consultant" LORD CULTURAL RESOURCES PLANNING & MANAGEMENT INC., a foreign profit corporation authorized to conduct business in Florida By: ALA \ J to (jai Print Name: Joy Bailey Bryant Title: 77o7rrr (Corporate Seal/Notary) NYDIA JACQUELINE GARCIA NOTARY PUBLIC -STATE OF NEW YORK No. 01GA6429992 Qualified in New York County My Commission Expires 03-07-2026 Title: President US "City" (Authorized Corporate Officer) CITY OF MIAMI, ATTEST: ,- DocuSigned by: a Florida municipal corporation By. By: DocuSigned by: Todd B. Hannon, C. Arthur Noriega V, City Manager APPROVED AS TO LEGAL FORM AND CORRECTNESS: ADS DocuSignetl By: �°"�II g> GAWP,._ Victoria Mendez (Matter 22-2144) City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: By: DocuSigned l'y. Yai Ann -Kane Sharpe Risk Management Director DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C CORPORATE RESOLUTION (This Resolution needs to authorize the signatory to signing the Agreement execution page.) WHEREAS, Lord Cultural Resources Planning & Management Inc., a foreign profit corporation authorized to conduct business in Florida ("Lord Cultural" or "Consultant"), desires to enter into the Agreement with the City of Miami, a Florida municipal corporation ("City"), for the purpose of performing the Services concerning the Historic Virginia Key Beach Park Trust Museum as 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 that Joy Bailey Bryant, US president (Name and Title) and (Name and Title) are hereby authorized and directed to execute the Agreement in the name of this corporation and to execute any and all other documents and perform any and all other acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 23rd day of june , 2023. Lord Cultural Resources Planning & Management inc. ("Consultant") a Florida (State) Corporation By: Print Name: Gail Lord Title: President and Co -Founder (Sign) By: J6 Zi (Sign - Attest) Print Name: Johnson Paul, CFO, Lord Cultural Resources DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C EXHIBIT "A" SCOPE OF WORK AND PRICING COMPONENT DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park•i11411 • Civil Rights Museum�� ill Proposal for Master and Business Planning Services Revised June 6, 2023 +�` �' `- a* 416 SIP 01 . Lord Cultural Resources DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 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. 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. We encourage you to acknowledge the presence of the people who came before, wherever you are. DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 3.1 Creation of an Integrated Concept Plan 17 3.2 Governance and Operating Structure 21 3.3 Development of Design Requirements 24 4. Budget & Timeline 26 4.1 Fees and Expenses 26 4.2 Proposed Timeline 27 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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. © Lord Cultural Resources 2 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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. The next step for the Virginia Key Beach Park is the construction of a museum building. To that end, the City of Miami and the Trust have issued this RFP to qualified consulting firms specializing in museum planning to help guide the City and the Trust to design, build, operate and manage a new museum at Virginia Key Beach. 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 RFP 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. © Lord Cultural Resources 3 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Your Planning Team DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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. © Lord Cultural Resources 5 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 KAUFMAN 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 Perez 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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. Venue estimatingand cost control service mindful of the Client's bottom line, based on our professional cost 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 © Lord Cultural Resources 7 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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: DOV GOLDSTEIN Vice President Lord Cultural Resources Project Lead JOY BAILEY-BRYANT President, U.S. Lord Cultural Resources Project Advisor LISA WRIGHT Principal Consultant Lord Cultural Resources Visitor Experience MARISHANA MABUSELA Consultant Lord Cultural Resources Visitor Experience SEAN STANWICK Director, Facility Planning Building Program & Site Planning TASHA HUNTER Thought Leader Lord Cultural Resources Community Engagement AMY KAUFMAN Principal AK Cultural Planning Business Planning NAKOTO RENTZ Associate Principal Venue Cost Consulting CO Lord Cultural Resources 8 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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. © Lord Cultural Resources 11 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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. © Lord Cultural Resources 14 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services NAKOTO RENTZ, CGC Associate 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. 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. © Lord Cultural Resources 15 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Methodolog • 1116 es s GP dip s � viv DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 3. Methodology A Governance Development Creation of an and Operating of Design Integrated Structure Requirements Concept Plan • Start Up Meeting Staffing Plans and Design Solicitation • Background Information Governance Options Review Identify Funding Community Engagement Sources, Agreements and Public/Private • Environmental Scan Partnerships • Comparables Analysis 5-Year Business Plan Visioning Workshop Stakeholder and Subject Matter Expert Interviews Visitor Experience Strategy Building Program Capital Cost Estimates PHASE 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. © Lord Cultural Resources 17 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 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. Community Engagement will start at the outset of this work and will occur throughout this process. 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. Community Workshops: We will conduct two (2) community workshops to be held at Virginia Key Beach or other suitable location. These types of events are open forums for residents to share their thoughts about the beach and the new museum- its strengths, challenges and opportunities. © Lord Cultural Resources 18 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 1.4 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. 1.5 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. 1.6 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. 1.7 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. 1.8 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. © Lord Cultural Resources 19 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 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. 1.9 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 key spaces • 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. 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 © Lord Cultural Resources 20 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 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. 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 and Community Engagement 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. This report will also summarize the results and outcomes of the community engagement and include key findings and lessons learned that will help to advance the project. PHASE 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. © Lord Cultural Resources 21 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 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. 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. © Lord Cultural Resources 22 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 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 23 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services PHASE 3- DEVELOPMENT OF DESIGN REQUIREMENTS 3.1 Design Solicitation Following the approvals by the client team of the Visitor Experience Strategy, and Building Program 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. DELIVERABLE #4 - Design Solicitation Report 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. © Lord Cultural Resources 24 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Budget & Timeline DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C 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 and travel expenses. Travel expenses will be billed, at cost, according to the City of Miami per diem guidelines. Fees will be invoiced on a monthly basis. Phase Phase 1- Creation of an Integrated Concept Plan and Communication and Community Stakeholder Engagement Activities Phase 2 - Governance and Operating Structure Phase 3 - Development of Design Requirements Total Fees Fees $183,000 $70,000 $7,000 $260,000 © Lord Cultural Resources 26 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Virginia Key Beach Park Civil Rights Museum Proposal for Master and Business Planning Services 4.2 PROPOSED TIMELINE We estimate an 8-month time frame to complete this project and have assumed a July 3 start date as outlined below. Year 2023 2024 Month July August September October November December January February Task /Phases 3 10 17 24 31 7 14 21 28 4 11 18 25 2 9 16 23 30 6 13 20 27 4 11 18 25 8 15 22 29 5 12 19 26 Phase 1 - Integrated Concept Plan 11.1 Start-up Meeting 11.2 Background Information Review 11.3 Community Engagement (2 workshops, 4-6 pop-up events, survey) 11.4 Environmental Scan 11.5 Comparables Analysis 11.6 Visioning Workshop 11.7 Stakeholder and Subject Matter Expert Interviews 11.8 Visitor Experience Strategy (Programming and Activity Plan) - Deliverable #1 11.9 Building Program 11.10 Capital Cost Estimates 1 Deliverable #2 - Integrated Concept Plan and Community Engagement Report Phase 2 - Governance and Operating Structure 12.1 Staffing Plans and Governance Options 12.2 Identify Funding Sources, Agreements and Public/Private Partnerships 12.3 5-Year Business Plan 1 Deliverable #3 - Rightsizing and Final Business Plan Phase 3 - Development of Design Requirements 13.1 Design Solicitation - Deliverable #4 - Design Solicitation Report • 411, Deliverables • Workshops/Meetings (c) Lord Cultural Resources 27 DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C I .•rr d. ••�. fop op I' , r416 .4i• 4 - • % • DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C EXHIBIT "B" INSURANCE REQUIREMENTS AND CERTIFICATES OF INSURANCE Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability 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 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 III. 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 $100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury caused by disease, policy limit DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date Included $1,000,000.00 $1,000,000.00 V Network Security and Privacy Injury (Cyber 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, Oldwick, 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. DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C AGENDA ITEM SUMMARY FORM File ID: #12566 Date: 09/13/2022 Commission Meeting Date: 04/27/2023 Requesting Department: Office of Capital Improvements & HVKBPT Sponsored By: Francis Suarez District Impacted: District 2 Type: Resolution Subject: Bid Waiver - Master and Business Planning Services - HVKB Museum Purpose of Item: The nature of this item is to approve a resolution of the Miami City Commission, with attachment(s), by a four -fifths (4/5ths) affirmative vote, after an advertised public hearing, ratifying, confirming, and approving the City Manager's recommendation and written findings attached hereto as "Exhibit A", pursuant to Section 18-85 (a) of the Code of the City of Miami, Florida, as amended; waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City of Miami ("City") to establish a contract for consultant services for the Historic Virginia Key Beach Trust Museum with Lord Cultural Resources ("Lord"), for the Office of Capital Improvement ("OCI") and the Historic Virginia Key Beach Park Trust ("HVKBPT"), allocating funds from their general account number or other funding sources, subject to the availability of funds and budget approval at the time of need; further authorizing the City Manager to negotiate and execute any and all documents, including any amendments, renewals, and extensions subject to all allocations, appropriations and budgetary approvals having been previously made, compliance with applicable provisions of the code of the City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with all applicable laws, rules and regulations, as may be deemed necessary for said purpose. Background of Item: HVKBPT operates to highlight the rich cultural history, regional African -American contributions, civic activism, and environmental preservation of Historic Virginia Key Beach Museum Park to educate future generations. The City desires to develop a masterplan and business plan for the Historic Virginia Key Beach Park Museum. Lord Cultural Resources originally provided a plan for review; however, after additional review and discussion with stakeholders, HVKBPT would like to re-engage Lord to complete a final master and business plan for the development of the Historic Virginia Key Beach Park Museum. The approximate cost for these services are estimated to be $260,000.00 in the aggregate. Budget Impact Analysis DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C Item is NOT Related to Revenue Item is NOT funded by Bonds Item is an Expenditure Total Fiscal Impact: General Account No.: 00001.150009.883000.0.0 and Various Sources of Funds Office of Capital Improvements Unknown Guy Forchion Department of Procurement Office of Management and Budget Office of Management and Budget City Manager's Office Legislative Division City Manager's Office Office of the City Attorney Office of the City Attorney City Commission City Commission City Commission Reviewed B Hector L Badia HVKBPT Department Head Annie Perez Aniska Elliott Marie Gouin Nzeribe Ihekwaba Valentin J Alvarez Arthur Noriega V Pablo Velez Victoria Mendez Nicole Ewan Todd B. Hannon Maricarmen Lopez Department Head Review Review Procurement Review Budget Analyst Review Budget Review Deputy City Manager Review Legislative Division Review City Manager Review ACA Review Approved Form and Correctness Meeting Meeting Meeting Completed 09/16/2022 8:20 AM Completed 09/21/2022 2:18 PM Completed 09/21/2022 3:58 PM Completed 09/21/2022 4:51 PM Completed 09/26/2022 10:20 AM Completed 09/28/2022 2:51 PM Completed 09/28/2022 4:33 PM Completed 10/03/2022 2:32 PM Completed 10/03/2022 5:47 PM Completed 10/03/2022 8:06 PM Completed 10/13/2022 9:00 AM Completed 04/13/2023 9:00 AM Completed 04/27/2023 9:00 AM DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C City of Miami Legislation Resolution Enactment Number: R-23-0195 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 12566 Final Action Date:4/27/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), BY A FOUR -FIFTHS (4/5) AFFIRMATIVE VOTE, AFTER AN ADVERTISED PUBLIC HEARING, RATIFYING, CONFIRMING, AND APPROVING THE CITY MANAGER'S WRITTEN FINDING AND RECOMMENDATION, ATTACHED HERETO AS "EXHIBIT A", PURSUANT TO SECTION 18-85(A) OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WAIVING THE REQUIREMENTS FOR COMPETITIVE SEALED BIDDING METHODS AS NOT BEING PRACTICABLE OR ADVANTAGEOUS TO THE CITY OF MIAMI ("CITY") TO ESTABLISH A CONTRACT FOR MUSEUM CONSULTANT SERVICES FOR THE HISTORIC VIRGINIA KEY BEACH PARK MUSEUM WITH LORD CULTURAL RESOURCES PLANNING & MANAGEMENT INC., A FLORIDA PROFIT CORPORATION ("LORD CULTURAL RESOURCES"), FOR THE CITY'S OFFICE OF CAPITAL IMPROVEMENTS ("OCI") AND THE VIRGINIA KEY BEACH PARK TRUST ("VKBPT"); ALLOCATING FUNDS FROM GENERAL ACCOUNT NO. 00001.150009.883000.0.0 AND SUCH OTHER FUNDING SOURCES, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A PROFESSIONAL SERVICES AGREEMENT ("AGREEMENT") WITH LORD CULTURAL RESOURCES, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, AND EXTENSIONS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING, THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the Virginia Key Beach Park Trust ("VKBPT") operations highlight the rich cultural history, regional African American contributions, civic activism, and environmental preservation of the Historic Virginia Key Beach Park ("HVKBP") for the education of future generations; and WHEREAS, the City of Miami ("City") and the VKBPT desire to develop a master and business plan for the HVKBP Museum; and WHEREAS, Lord Cultural Resources Planning & Management Inc., a Florida profit corporation ("Lord Cultural Resources"), is one of the leading cultural planning practices with over forty (40) years of experience in planning cultural spaces and places, including historical and civil rights museums, across the United States and around the world; and DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C WHEREAS, the City desires to establish a contract for museum consultant services for the HVKBP Museum with Lord Cultural Resources for the City's Office of Capital Improvements ("OCI") and the VKBPT; and WHEREAS, pursuant to Section 18-85(a) of the Code of the City of Miami, Florida, as amended ("City Code"), the City Manager may waive competitive sealed bidding methods by making a written finding that the same are not being practicable or advantageous to the City, which finding shall require ratification and award approval by a four -fifths (4/5) affirmative vote of the Commission, after an advertised public hearing; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. By a four -fifths (4/5) affirmative vote, after an advertised public hearing, the City Manager's written finding and recommendation, attached hereto as "Exhibit A", pursuant to Section 18-85(a) of the City Code, waiving the requirements for competitive sealed bidding methods as not being practicable or advantageous to the City to establish a contract for museum consultant services for the HVKBP Museum with Lord Cultural Resources for OCI and the VKBPT, are hereby ratified, confirmed, and approved. Section 3. Funds shall be allocated from General Account No. 00001.150009.883000.0.0 and such other funding sources, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized to negotiate and execute a Professional Services Agreement with Lord Cultural Resources, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized1 to negotiate and execute any and all documents, including any amendments, renewals, and extensions, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: ndez, City Attor ey 10/3/2022 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited to those prescribed by applicable City Charter and City Code provisions. DocuSian Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C cslo CERTIFICATE OF INSURANCE DATE 23/06/14 D) BROKER The Magnes Group Inc. Co Road Suite #100 ON L6J 7W5 Oakville ON BROKER'S CLIENT ID: LORDC-1 This certificate is issued as a matter of information only and confers no rights upon the certificate holder. This certificate does not amend, extend or alter the coverage afforded by the policies below. COMPANIES AFFORDING COVERAGE COMPANY A HDI Global SE Canada Branch INSURED'S FULL NAME AND MAILING ADDRESS Lord Cultural Resources Planning and Management Inc. 1300 Yonge Street, Suite 300 Toronto ON M4T 1X3 COMPANY B AIG Insurance Company Of Canada COMPANY C COMPANY D COVERAGES This is to certify that the policies of insurance listed below have been issued to the insured named above for the policy period indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain. The insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE CO LTR POLICY NUMBER POLICY EFFECTIVE DATE (YY/MM/DD) POLICY EXPIRATION DATE (YY/MM/DD) LIMITS OF LIABILITY (Canadian dollars unless indicated otherwise) COMMERCIAL X X X X X GENERAL LIABILITY CLAIMS MADE OR )( OCCURRENCE PRODUCTS AND /ORCOMPLETED OPERATIONS EMPLOYER'S LIABILITY CROSS LIABILITY`/�,� TENANT'S LEGAL LIABILITY NON -OWNED A 01861895-14005 22/07/27 SC: 23/07/27 <I, `VVV EACCURRENCE $ 2,000,000 GN L AGGREGATE $ 5,000,000 OFVDUCTS-COMP/OPAGG $ 2,000,000 PERSONAL INJURY $ 2,000,000 TENANT'S LEGAL LIABILITY $ 1,000,000 MED EXP (Any one person) $ 25,000 NON -OWNED AUTO $ 2,000,000 X HIRED OPTIONAL POLLUTION LIABILITY EXTENSION $ POLLUTION LIABILITY EXTENSION(Per Occurrence) $ $ "ALL THE UTOMOBILE LIABILITY/BODILY `�`, `,�rv'O V'� _ /(Aggregate) \`w C//� v INJURY PROPERTY DAMAGE COMBINED $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ EXCESS X (Specify) LIABILITY UMBRELLA FORM OTHER THAN UMBRELLA FORM A 01861895 C Q 22/07/27 23/07/27 EACH OCCURRENCE $ 8,000,000 AGGREGATE $ 8,000,000 Deductible $10,000 OTHER LIABILITY (SPECIFY) Errors &Omissions 14767347 22/07/27 23/07/27 SpecialtyProfessional $7,000,000 ADDITIONAL INSURED City of Miami 444 SW 2nd Avenue, Suite 945 Miami FL 33130-1910 DESCRIPTION OF OPERATIONS/LOCATIONS/AUTOMOBILES/SPECIAL ITEMS All operations usual to the business of the Named Insured. It is hereby understood and agreed that the Certificate Holder is added as an additional insured with respect to the legal liability arising from the operations of the Named Insured and as required by contract. Additional Insured is not added to any form of automobile insurance and/or errors and omissions policy. See Attached... CERTIFICATE HOLDER CANCELLATION City of Miami 444 SW 2nd Avenue, Suite 945 Miami FL 33130-1910 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. EXCEPT 15 DAYS FOR SIGNATURE OF AUTHORIZED REPRESENTATIVE I-ile44 PRINT NAME INCLUDING POSITION HELD Niki Bobotsis - Account Administrator FAX NUMBER 905-845-9149 EMAIL ADDRESS nbobotsis@magnesgroup.com COMPANY The Magnes Group Inc. DATE 23/06/14 CSIO CERT (6/00) DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C DESCRIPTIONS Continued. REMARKS: The following additional extensions apply to the Commercial General Liability Policy: Cross Liability and Severability of Interest Blanket Contractual Primary and Non -Contributory Waiver of Subrogation Owners and Contractors Protective Liability Broad Form Property Damage DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C ACORD CERTIFICATE OF LIABILITY INSURANCE `.---- DATE(MM/DD/YYYY) 6/14/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Haylor, Freyer & Coon, Inc. PO Box 4743 Syracuse NY 13221 CONTACT NAME: Carrie Stephens PHONE FAX (A/C No Ext): 315-800-1781 (A/C, No): a DRIE DSS: cstephens@haylor.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Hartford Accident & Indemnity Co. 22357 INSURED LORDCULTUR Lord Cultural Resources Planning Mgmt Inc. 125 Park Ave Suite 2553 New York NY 10017 INSURER B: National Union Fire Ins Co of Pittsburg 19445 INSURER C: INSURERD: INSURERE: INSURER F : COVERAGES CERTIFICATE NUMBER: 1281309967 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID C ' S. INSR LTR TYPE OF INSURANCE A INSD S WVD POLICY NUMBER POLICY EFF (MMIDD/YYYY) PO V. (M VCLAIMS-MADE LIMITS GENERAL LIABILITY o j 'COMMERCIAL EACH OCCURRENCE $ CLAIMS -MADE OCCUR OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PRO JECT PER: LOC GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY ///��� `/�miled ^ V COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB O OCCUR CLAIMS -MADE O J EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANYPROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N yyy���� N`^' v` �i CAG1 R93 7/27/2022 7/27/2023 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B Professional Liability 049156547 7/27/2022 7/27/2023 Limit Retention 2,326,845 38,781 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION City of Maimi 3500 Pan American Drive Miami FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE r N fr ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 7C94319B-C168-4F8D-BF5E-92394E5EEA0C From: Gomez Jr., Francisco (Frank) To: Gandarilla. Aimee Cc: Ouevedo, Terry; Aviles, Yesenia; Lisa Wrioht Subject: RE: BID WAIVER AGREEMENT LORD CULTURAL RESOURCES INC Date: Monday, June 26, 2023 9:49:31 AM Attachments: image007.pnq imaae008.Dnq image009.pnq image010.pnq image011.pnq image012.pnq image013.pnq Good morning Aimee, The insurance is adequate. Thanks, Frank Gomez, PIAM, CPI I ��" Property & Casualty Manager��� City of Miami O Risk Management V (305) 416-174o Office (305) 416-176o Fax Q� fgomez@miamigov.com V O � n` Q`CQ, .! "Serving, Enhancing, and Transforming our Community" O• 41/ 41/ From: Gandarilla, Aimee <AGandarilla@miamigov.com> Sent: Monday, June 26, 2023 9:45 AM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com> Cc: Quevedo, Terry <TQuevedo@miamigov.com>; Aviles, Yesenia <YAviles@miamigov.com>; Lisa Wright <Iwright@lord.ca> Subject: FW: BID WAIVER AGREEMENT LORD CULTURAL RESOURCES INC Olivera, Rosemary From: Gandarilla, Aimee Sent: Wednesday, July 5, 2023 8:50 AM To: Hannon, Todd Cc: Lee, Denise; Olivera, Rosemary; Brown, Sadie; Cabrera, Paola Subject: Executed Bid Waiver Agreement Lord Cultural Resources Attachments: Bid Waiver Agreement Lord Cultural Resources (MATTER 22-2144).pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, airnee garcdwriaa Procurement Assistant City of Miami Department of Procurement 444 SW 2' Avenue, 6th floor, Miami, FL 33130 P(305) 416-1906 F(305) 400-5338 Eagandarilla@miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement , cap. 1 ti -},png, Enhancing, and Transforming our Community" 1