Concession Agreement with Water Taxi Miami, Inc. cOI6-29'3 70
CONCESSION AGREEMENT
BETWEEN
CITY OF MIAMI BEACH, FLORIDA
AND
WATER TAXI MIAMI, INC.
FOR THE TURNKEY IMPLEMENTATION, MANAGEMENT, OPERATION
(INCLUDING DOCK OPERATIONS) AND MAINTENANCE OF A WATERBORNE
TRANSPORTATION SERVICES PILOT PROGRAM
INDEX
Contents
SECTION 1.TERM. 6
SECTION 2. CONCESSION AREA 7
SECTION 3. USE(S). 7
3.1 Water Taxi Services. 7
3.1.1 Approved Use of Concession Area 7
3.1.2 Program Exclusivity 7
3.1.3 No Parking Privileges 8
3.1.4 Plan of Operation 8
3.1.4.1 Regular Operation 8
3.1.4.2 High-Impact Events .8
3.1.4.2.1 Subcontracting during High-Impact Events 8
3.1.5 Program Vessels. 9
3.1.5.1 Ownership of Program Vessels 9
3.1.6 Price Schedules 9
3.1.7 Hours of Operation and Water Taxi Destinations 10
3.1.8 City Commission Approval in Connection with Expansion of Program 10
3.1.9 Oversight. 10
3.2 City's Contribution to Program 11
SECTION 4. CONCESSION FEES. 11
4.1 Ticket Price Surcharge 11
4.2 Interest for Late Payment 11
4.3 Marketing and Advertising 11
4.3.1 Coca Cola Exclusivity 12
5.1 Maintenance of Records. 12
5.2 Quarterly Report of Gross Receipt. 12
5.3 Quarterly Performance Meeting. 12
5.4 Reporting Requirements. 13
SECTION 6. INSPECTION AND AUDIT. 13
SECTION 7.TAXES,ASSESSMENTS, LICENSES 13
7.2 Procedure If Ad Valorem Taxes Assessed. 14
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7.3 Licenses. 14
SECTION 8. EMPLOYEES AND INDEPENDENT CONTRACTORS 14
8.1 Concessionaire's Employees. 14
8.2 City Manager's designee. 15
SECTION 9. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION 15
9.1 Improvements. 15
9.2 Maintenance/Repair 15
9.3 Orderly Operation 16
9.4 No Dangerous Materials 16
9.5 Security 17
9.6 Inspection 17
SECTION 10. INSURANCE 17
SECTION 11. INDEMNITY. 20
SECTION 12. FORCE MAJEURE 21
12.2 Labor Dispute. 21
12.3 Waiver of Loss from Hazards 21
SECTION 13. DEFAULT AND TERMINATION 22
13.1 Bankruptcy 22
13.2 Default in Payment 22
13.3 Non-monetary Default 22
13.5 City's Remedies for Concessionaire's Default 23
13.7 Surrender of Concession Area/Removal by Concessionaire of Equipment 23
13.8 Substitute Performance 24
13.9 Termination for Convenience of the City 24
13.10 City Manager Emergency Powers 24
SECTION 14. PERFORMANCE BOND OR ALTERNATE SECURITY.(Intentionally Omitted) 25
SECTION 15.ASSIGNMENT. 25
SECTION 16.SPONSORSHIPS. 25
SECTION 17. NO IMPROPER USE. 26
SECTION 18. NOTICES. 26
SECTION 19. LAWS 27
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19.1 Compliance 27
19.2 Governing Law 27
19.3 Equal Employment Opportunity 27
19.4 No Discrimination 27
19.5 Florida Public Records Law 28
SECTION 20. MISCELLANEOUS. 29
20.1 No Partnership 29
20.2 Modifications 30
20.3 Complete Agreement 30
20.4 Headings 30
20.5 Binding Effect 30
20.6 Clauses 30
20.7 Severability 30
20.8 Right of Entry 30
20.9 Not a Lease 31
20.10 Signage 31
20.11 Procedure for Approvals and/or Consents 31
20.12 No Waiver 31
20.13 No Third Party Beneficiary. 32
20.14 No Lien 32
SECTION 21. LIMITATION OF LIABILITY. 32
SECTION 22.VENUE/WAIVER OF JURY TRIAL 32
Exhibit 1.Concession Area 35
Exhibit 2.Concept Plan for Vessels 36
Exhibit 3. Fares for Water Taxi Services 37
Exhibit 4. Plan of Operation 38
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November30th,2016
WHEREAS, at the July 23, 2014 City Commission meeting, the City Commission
rejected the NCAC's recommendations from the April 30, 2014 NCAC meeting and directed the
City Administration to prepare an Invitation to Negotiate (ITN) seeking proposals from qualified
firms interested in providing the City with water taxi services as an alternative mode of
transportation; and
WHEREAS, on November 19, 2014, the Mayor and City Commission accepted the
recommendation of the City Manager Pertaining to the ranking of firms, pursuant to Invitation to
Negotiate (ITN) No. 2014-326-JR for Public Waterborne Transportation Services Concession in
the City; and authorized the Administration to negotiate an agreement with the sole joint
proposers, Water Taxi Miami, Inc. and Sightseeing Tours Management, Inc. d/b/a Island Queen
Cruises; and further directed the Administration to present the final negotiated terms to the City
Commission before executing an agreement; and
WHEREAS, on April 13, 2016, the Mayor and City Commission adopted Resolution No.
2016-29370, accepting the recommendation of the Neighborhood and Community Affairs
Committee and authorizing the Administration to negotiate an agreement with Water Taxi
Miami, Inc. for a one year pilot program for water taxi services pursuant to the ITN; and
WHEREAS, accordingly, the City and Concessionaire have negotiated the following
Agreement for the turnkey, implementation, management, operation (including dock operations),
and maintenance of a public waterborne transportation (water taxi) services pilot program from
the Purdy Avenue Dock (as defined in Subsection 2.1 herein) located at the Maurice Gibb
Memorial Park (the "Program").
NOW THEREFORE, in consideration of the premises and the mutual covenants
and conditions herein contained and other good and valuable consideration, the receipt
and adequacy of which are hereby conclusively acknowledged, it is agreed by the parties hereto
as follows:
The City hereby grants to the Concessionaire, and the Concessionaire hereby
accepts from the City, the right to operate the Program (as further described herein) within the
Concession Area (as defined herein), in conformance with the purposes and for the period
stated herein and subject to all the terms and conditions herein contained and set forth.
The above recitals are true and correct and are incorporated as part of this Agreement.
SECTION 1. TERM.
1.1 The term of this Agreement shall have an initial one (1) year term (the "Term"),
commencing on November 30, 2016 ("Commencement Date").
1.2 For purposes of this Agreement, a "Contract Year" shall be defined as that certain 365
day period commencing on the Commencement Date.
1.3 Upon the written request of Concessionaire at least sixty (60) days prior to the expiration
of the initial one-year Term, the City Commission, at its sole and reasonable judgment
and discretion, may extend the Term of the Agreement for two (2) additional years.
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SECTION 2. CONCESSION AREA.
The City hereby grants to the Concessionaire the right, during the Term of this Agreement, to
operate the Program, as described herein, upon the Concession Area defined in Subsection 2.1
and identified in Exhibit 1 to this Agreement (hereinafter, the "Concession Area"):
2.1 Concession Area.
The Concession Area shall be located at the Maurice Gibb Memorial Park (the "Park"),
and specifically at the south side of the northern most dock of the Barry Kutun Boat
Ramp (the "Purdy Avenue Dock"), as more particularly depicted in Exhibit 1 hereto, and
may also include any adjacent or surrounding area where Concessionaire is permitted to
install a ticket booth or other related equipment necessary for the operation of the
Program (the "Concession Area Improvements"). Any Concession Area Improvements
shall require the prior written approval of the City Manager, which approval, if provided at
all, shall be at the City Manager's sole and absolute discretion, and Exhibit 1 shall be
amended to incorporate the approved Concession Area Improvements.
Concessionaire shall not install or operate any Program sites, nor identify additional or
alternate locations for same (other than as identified in Exhibit 1), without the prior
written approval of the City Manager, which, if provided at all, shall be at the City
Manager's sole and absolute discretion.
SECTION 3. USE(S).
The Concessionaire is hereby authorized to conduct the following kind(s) of businesses and
provide the following kind(s) of services related to the operation of the Program within
the Concession Area, all at its sole cost and expense:
3.1 Water Taxi Services.
3.1.1 Approved Use of Concession Area.
The Concession Area shall be used by Concessionaire on a non-exclusive basis, and
solely and exclusively for the loading and unloading of passengers and sale of tickets at
a booth in connection with the Program and for no other use. In the event that
Concessionaire uses the Concession Area for any purpose (s) and/or uses not expressly
permitted in this subsection, such use shall be considered a default under the
Agreement, and the City shall be entitled to all remedies including termination of this
Agreement, as set forth in Subsection 13.5. In addition, notwithstanding any other terms
of this Agreement, the City shall be entitled to seek immediate relief, whether at law or
equity, to restrain such improper use.
3.1.2 Program Exclusivity.
During the Term of this Agreement, Concessionaire shall be the exclusive operator for
the Program, and, provided Concessionaire is in good standing and free from default
under the terms of this Agreement, the City will not contract with any other operator for
the provision of a public water taxi service from the Purdy Avenue Dock.
Notwithstanding the foregoing, the City shall not be prevented from authorizing the
commercial use of the Park, including the Purdy Avenue Dock, to other parties in
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connection with other types of water borne activities or services, including, without
limitation, boat tour operators, jet ski operators, paddle boat operators, or any other
commercial activity which the City, in its sole option and discretion, may authorize.
Moreover, the public's right to use the Park, including the Purdy Avenue Dock, for non-
commercial purposes is primary to the privileges which the City has granted
Concessionaire under this Agreement; therefore, the Program exclusivity language
contained in this subsection shall not be construed as limiting, in any way, the public's
right to use of the Park, including the Purdy Avenue Dock, for non-commercial purposes.
Finally, the exclusivity granted under the terms of this subsection shall be related solely
to the Purdy Avenue Dock, and shall not prevent and/or prohibit the City from contracting
for and/or operating a water taxi service in other locations in the City.
3.1.3 No Parking Privileges
No parking privileges shall be provided to Concessionaire, Concessionaire's employees,
or passengers of the Program Vessel in connection with this Agreement or the Program.
3.1.4 Plan of Operation
3.1.4.1 Regular Operation. Concessionaire agrees to commence regular water taxi
services no later than December 30, 2016. Concessionaire acknowledges that
the Program is secondary to the public's use of the Park or any of the Park
facilities, including, without limitation any docks, boat ramps, parking facilities or
office spaces, and shall ensure that the Park and its facilities are accessible and
their use not negatively impacted by the Program. To that end, prior to
commencing operations, the Concessionaire shall provide the City Manager or
City Manager's designee with an initial Plan of Operation for regular water taxi
operations, establishing a minimum level of operation for the Program, including,
without limitation, establishing the routes and hours of operation for the Program,
which Plan of Operation shall be subject to approval by the City Manager or City
Manager's designee. Additionally, in order to ensure the orderly operation of the
Program, the City Manager may modify the Plan of Operation as deemed
necessary, by the City Manager, in the City Manager's sole discretion. The Plan
of Operation, as may be amended from time to time by the City Manager, shall
be attached to the Agreement as Exhibit 4.
3.1.4.2 High Impact Events. During high impact events in the City (e.g., hotel events,
conventions, Art Basel, Miami Beach Wine and Food Festival, and other similar
events), Concessionaire shall secure the written approval of the City Manager or
City Manager's designee of the High Impact Event Plan of Operation, containing,
at minimum, the requirements set forth in the Plan of Operation for regular water
taxi operations, and shall be executed by the parties..
3.1.4.2.1 Subcontracting during High-Impact Events. Additionally, and
exclusively during high-impact events, Concessionaire may be
permitted to sub-contract a portion of the services under this
Agreement, as may be approved by the City Manager, in writing, in
the City Manager's sole discretion, which approval, if granted at all,
may be conditioned upon Concessionaire providing the City with
evidence that the subcontractor meets the contractual requirements
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contained herein, such as, without limitation, the insurance
requirements set forth in Section 10.
Concessionaire shall be liable for its services, responsibilities and
liabilities under this Agreement and the costs, services,
responsibilities and liabilities of any sub-contractors (if any), and any
other person or entity acting under the direction or control of
Concessionaire (if any). In this regard, Concessionaire must furnish
the City with all information relating to the sub-contractors which is
requested by the City. When the term "Concessionaire" is used in this
Agreement, it shall be deemed to include any sub-contractors (if any)
and/or any other person or entity acting under the direction or control
of Concessionaire (if any). All sub-contractors (if any) must be
disclosed in writing to the City prior to their engagement by
Concessionaire.
3.1.5 Program Vessels.
The City hereby approves of Concessionaire's concept plan design as to the type of
vessel, which plan is attached as Exhibit 2 hereto (the "Program Vessel(s)"), which
Program Vessel shall have a minimum capacity of thirty-eight (38) passengers. Any
amendments to Exhibits 2, without limitation, as to type of Program Vessel, must be
approved, in writing, by the City Manager prior to such changes being implemented, and
Exhibit 2 shall be amended accordingly. Additionally, additional types of Program
Vessels may be approved by the City Manager pursuant to a High-Impact Event Plan of
Operation.
Notwithstanding the above, the City and Concessionaire hereby acknowledge and agree
that the City's approval in this subsection, as to the type of Program Vessel is given by
the City solely in its proprietary, and not in its regulatory, capacity. Notwithstanding such
approval, in the City's proprietary capacity, Concessionaire agrees to secure, at its sole
cost and expense, all required approvals from all governmental authorities having
jurisdiction over the Program, in connection with the operation of the Program.
3.1.5.1 Ownership of Program Vessels. The Program Vessels shall be the sole and
exclusive property of Concessionaire during the Term of this Agreement.
Notwithstanding the foregoing, subject to the prior written approval of the City Manager,
Concessionaire may lease or subcontract for the use of additional Program Vessels in
connection with providing water taxi services pursuant to this Agreement. Said approval,
if provided at all, shall be contingent upon Concessionaire providing the City with
evidence that the vessels are in compliance with the requirements of this Agreement,
including, without limitation, the insurance requirements set forth in Section 10.
3.1.6 Price Schedules.
Concessionaire shall provide water taxi services in the Concession Area on a pay per
use and subscription basis. Concessionaire agrees that prices charged for water taxi
services and membership subscriptions at all of the Destinations in the City's Route will
be consistent with the price schedule(s) (herein submitted by the Concessionaire and
approved by the City) in Exhibit 3 hereto. All subsequent price schedule changes must
be approved, in writing, by the City Manager. The City shall have the final right of
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approval for all such price schedules, including requested price changes contained
therein.
Notwithstanding the foregoing, Concessionaire may offer promotions for reduced fares,
at Concessionaire's sole discretion, so long as Concessionaire extends the promotions
to all the riders in a given category, at all of the Destinations in the City's Route, so that
the promotional fares are uniformly applied in the given category of riders throughout all
of the Destinations in the City's Route, e.g. if Concessionaire is offering City of Miami
residents a fare of $2.00 for a one way trip, Concessionaire shall offer City of Miami
Beach residents the lower fare, instead of the established one-way fare of$10.00.
3.1.7 Hours of Operation and Water Taxi Destinations.
A. All Concession Areas and operations thereon shall be open to the public, weather or
events of force majeure permitting, at a minimum, during the hours and days of the
week set forth in Exhibit 4 hereto for regular operations. Any change with respect to
the hours of operation shall require the written approval of the City Manager, prior to
implementing the new hours, and Exhibit 4 shall be amended accordingly.
B. The destinations ("Destinations") which will be included in the Program as part of the
City's route ("Route") are described in Exhibit 4 hereto, and any changes to the
approved Destinations and Route will require the prior written approval of the City
Manager (or of the City Commission if the change constitutes an Expansion of the
Program as defined in subsection 3.1.8), prior to implementing the said changes, and
Exhibit 4 shall be amended accordingly.
C. For public safety considerations, during emergency situations, including, without
limitation, a threatened tropical storm or hurricane, the City Manager may
immediately suspend service or adjust the hours of operation.
D. For public safety considerations, during emergency situations, including, without
limitation, a threatened tropical storm or hurricane, Concessionaire may immediately
suspend service or adjust hours of operation and notify the City Manager or
designee in writing of the suspension or temporary schedule adjustment as soon as
reasonably possible.
3.1.8 City Commission Approval in Connection with Expansion of the Program.
Notwithstanding anything to the contrary contained in this Agreement, any
expansion of the Program exceeding the approved Plan of Operation (excluding
high impact events, which typically increase the demand for water taxi services),
must be preapproved by the City Commission prior to implementing said
expansion. Expansion of the Program shall mean an increase in the number of
destinations or days of operation from the approved Plan of Operation set forth in
Exhibit 4 hereto.
3.1.9 Oversight. Concessionaire shall hire an employee, who will be stationed at or near the
Concession Area, whose responsibility will be to provide on-site monitoring of the
Program including the Concession Area.
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3.2 City's Contribution to Program. The City agrees to also provide Concessionaire with the
following non-monetary assistance for the Program:
A. link for Program on City's website;
B. inclusion in Miami Beach Magazine (PSA's, Editorials and/or other placements).
Concessionaire shall provide camera-ready artwork, which artwork shall be
subject to the approval of the City Manager;
C. inclusion in bi-weekly e-blast during the Term;
D. public service announcements on Channel 77 for the first six (6) months following
the Commencement Date, to announce Program implementation, and thereafter,
on at least a quarterly basis throughout the Term; and
E. At the City Manager's sole discretion, the City may include the Program in
additional public announcements or advertisements.
SECTION 4. CONCESSION FEES.
4.1 Ticket Price Surcharge: During the Term, Concessionaire shall pay the City, on a
quarterly basis, and within thirty (30) days following the end of each calendar month, the
following surcharge per ticket sold during the previous month at the Purdy Avenue Dock,
in connection with the Program. As referenced in this Agreement, quarterly shall refer to
the quarter ending on March 31, June 30, September 30, and December 31.
Price Range Per ticket sold Surcharge due per ticket sold
$1.00 to $14.99 $0.75
$15.00 to $29.99 $1.00
$30.00 and up $2.00
4.2 Interest for Late Payment.
Any payment which Concessionaire is required to make to City which is not paid on or
before the respective date provided for in this Agreement shall be subject to interest at
the rate of eighteen percent (18%) per annum, or the maximum interest allowable
pursuant to Florida law, whichever is less, from the due date of payment until such time
as payment is actually received by the City.
4.3 Marketing and Advertising.
As of the Effective Date, the City Code does not allow advertising to be placed on the
Program Vessels or anywhere on the Concession Area. Advertising on the Program
Vessels or Concession Area shall be prohibited. Signage at the Concession Area may
be allowed subject to the prior written approval of the City, in the City's proprietary
capacity, which approval shall be provided by the City Manager, in the City Manager's
sole discretion. Notwithstanding the City's approval, in its proprietary capacity,
Concessionaire shall be responsible for securing all requisite governmental approvals.
Any and all marketing campaigns and marketing materials shall be subject to the prior
written approval of the City Manager or his designee. ADDITIONALLY, THE CONTENT
OF ANY APPROVED PROMOTIONAL MATERIALS SHALL NOT INCLUDE
FIREARMS; ALCOHOL OR TOBACCO PRODUCTS; SEXUAL PRODUCTS; OR
POLITICAL CANDIDATES OR POLITICAL ISSUES; OR PROMOTE UNLAWFUL OR
ILLEGAL GOODS, SERVICES OR ACTIVITIES; OR CONTAIN IMAGES OR
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INFORMATION THAT DISCRIMINATES AN INDIVIDUAL OR GROUP OF
INDIVIDUALS ON THE BASIS OF RACE, COLOR, NATIONAL ORIGIN, RELIGION,
SEX, INTERSEXUALITY, SEXUAL ORIENTATION, GENDER IDENTITY, FAMILIAL
AND MARITAL STATUS, AGE, ANCESTRY, HEIGHT, WEIGHT, DOMESTIC
PARTNER STATUS, LABOR ORGANIZATION MEMBERSHIP, FAMILIAL
SITUATION, POLITICAL AFFILIATION, OR DISABILITY.
4.3.1 Coca Cola Exclusivity. FURTHER, CONCESSIONAIRE AGREES NOT
TO DISPLAY ANY PROMOTIONAL MATERIALS CONTAINING NON-ALCOHOLIC
BRANDS THAT ARE COMPETITIVE TO COCA-COLA SO LONG AS THE CITY'S
EXCLUSIVE NON-ALCOHOLIC BEVERAGE PARTNERSHIP WITH COCA-COLA IS
VALID AND IN FORCE.
SECTION 5. MAINTENANCE AND EXAMINATION OF RECORDS AND REPORTS.
5.1 Maintenance of Records.
Concessionaire shall maintain current, accurate, and complete financial records (on an
accrual basis) related to its operations herein. Systems and procedures used to maintain
these records shall include a system of internal controls and all accounting records shall
be maintained in accordance with generally accepted accounting principles and shall be
open to inspection and audit by the City Manager or his designee, upon reasonable prior
notice, whether verbal or written, and during normal business hours. Such records and
accounts shall include, at a minimum, a breakdown of gross receipts, expenses, and
profit and loss statements. In the event Concessionaire accepts cash as a form of
payment, it shall maintain accurate receipt-printing cash registers or the like which will
record and show the payment for every sale made or service provided in the Concession
Areas; and such other records shall be maintained as would be required by an
independent certified public accountant in order to audit a statement of annual gross
receipts and profit and loss statement pursuant to generally accepted accounting
principles.
5.2 Quarterly Report of Gross Receipt.
A quarterly report of gross receipts, Certified to be accurate by Concessionaire, must be
submitted to the City, through the City Manager's designee, to be received no later than
thirty (30) days after the close of each quarter throughout the Term. The quarterly report
of gross receipts shall include the number of tickets sold at the Purdy Avenue Dock,
including the cost per ticket, in a form which is acceptable to the City Manager's
designee, and any other reports which may be required under this Agreement.
Additionally, upon the request of the City Manager or designee, Concessionaire shall
submit a quarterly (or at such greater intervals, i.e. semi-annually or annually, as
requested by the City) a maintenance report reflecting routine maintenance performed
on the Program Vessels.
5.3 Quarterly Performance Meeting.
It is Concessionaire's intent to stay informed of comments and suggestions by the City
regarding Concessionaire's performance under the Agreement. Within thirty (30) days
after the end of each quarter of the Term, Concessionaire shall meet with the City
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Manager or his designee to review Concessionaire's performance under the Agreement
and the Program. At the meeting, Concessionaire and City may discuss quality,
operational, maintenance and any other issues regarding Concessionaire's performance
under the Agreement and the Program.
5.4 Reporting Requirements.
A. Quarterly Reports. Concessionaire shall maintain a daily log of the following
information for Purdy Avenue Dock: the schedule; the number of tickets sold; the
cost per ticket sold; and the category of the rider, e.g. a Miami Beach Resident, a
person in the Military or veteran (collectively referred to herein as "Ridership and
Revenue Information"). On a quarterly basis, within thirty (30) days from the end of
each quarter, Concessionaire shall provide the City with a report containing the
ridership for the Purdy Avenue Dock and confirmation of all marketing efforts in
which Concessionaire has engaged to promote the Program, all in a form acceptable
to the City Manager's designee.
B. Educational Materials. As part of its documentation for new members in the Program
and for any users of this Program, Concessionaire agrees to provide the following
educational materials, which will be provided by the City to Concessionaire:
1. Destination stops for the Program;
2. Routes for the City trolley system;
3. Locations of the City parking lots and garages;
4. Public bus stop routes within the City (to be provided by the City); and
5. Any other materials as may be requested by the City.
SECTION 6. INSPECTION AND AUDIT.
Concessionaire shall maintain its financial records pertaining to its operations at the Purdy
Avenue Dock throughout the Term of the Agreement and for a period of three (3) years after the
expiration or other termination of this Agreement, and such records shall be open and available
to the City Manager or his designee, as deemed necessary by them. Concessionaire shall
maintain all such records at its principal office, currently located at 244 Biscayne Boulevard, No.
2708-N, Miami, Florida 33132, or, if moved to another location, all such records shall be
relocated, at Concessionaire's expense, to a location in Miami Beach, within ten (10) days'
notice (written or verbal) from the City.
The City shall be responsible for paying all costs associated with such audits, unless the
audit(s) reveals a deficiency of five (5%) percent or more in Concessionaire's statement of gross
receipts for any year or years audited, in which case Concessionaire shall pay to the City, within
thirty (30) days of the audit being deemed final by the City, the cost of the audit and a sum equal
to the amount of the deficiency revealed by the audit, plus interest. These audits are in addition
to periodic audits by the City of Resort Tax collections and payments, which are performed
separately. Nothing contained within this section shall preclude the City's audit rights for Resort
Tax collection purposes.
SECTION 7. TAXES, ASSESSMENTS, LICENSES.
7.1 Concessionaire agrees and shall pay before delinquency all taxes (including but not
limited to Resort Taxes) and assessments of any kind levied or assessed upon a
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Concession Area or the Concession Areas, and/or on Concessionaire by reason of this
Agreement, or by reason of Concessionaire's business and/or operations within a
Concession Area or Areas. Concessionaire will have the right, at its own expense, to
contest the amount or validity, in whole or in part, of any tax by appropriate proceedings
diligently conducted in good faith. Concessionaire may refrain from paying a tax to the
extent it is contesting the imposition of same in a manner that is in accordance with law.
However, if, as a result of such contest, additional delinquency charges become due,
Concessionaire shall be responsible for such delinquency charges, in addition to
payment of the contested tax, if so ordered.
7.2 Procedure If Ad Valorem Taxes Assessed. If ad valorem taxes are assessed against the
Concession Area (or any portion thereof) by reason of Concessionaire's business and/or
operations thereon, Concessionaire shall be solely responsible for prompt and timely
payment of same.
7.3 Licenses. Concessionaire shall also be solely responsible (at its sole cost and expense)
for obtaining and maintaining current any applicable licenses or permits, as required for
the operations contemplated in this Agreement including, without limitation, any
occupational licenses required by law for the proposed uses contemplated in Section 3;
the U.S. Coast Guard licenses for captains and the Certificates of Inspection for the
vessels; the State of Florida license; the Department of Environmental Resources
Management (DERM) Marine Operational Permit, and any applicable City licenses.
SECTION 8. EMPLOYEES AND INDEPENDENT CONTRACTORS.
8.1 Concessionaire's Employees.
8.1.1 Concessionaire shall select, train and employ such number of employees or
contractors as is necessary or appropriate for Concessionaire to satisfy its
responsibilities hereunder. Concessionaire shall have the sole authority to hire,
terminate and discipline any and all personnel employed by Concessionaire.
8.1.2 Concessionaire shall designate a competent full-time employee to oversee the
day-to-day operations, and who shall act as the contract administrator for the
Program and serve as Concessionaire's primary point-person with the City. This
individual shall have the requisite amount of experience in operating, managing,
and maintaining the Program as contemplated herein. The employee shall be
accessible to the City Manager or his designee at all times during normal
business hours to discuss the management, operation and maintenance of the
Program, and during non-business hours in the event of emergency. Consistent
failure by the employee to be accessible shall be reported to Concessionaire's
principal(s), and if not rectified, shall be grounds for replacement of the
employee. Concessionaire's employees and/or contractors shall wear
identification badges and uniforms approved by the City Manager or his
designee, during all hours of operation when such employee or contractor is
acting within the scope of such employment or such contractor relationship. All
employees and/or contractors shall observe all the graces of personal grooming.
The Concessionaire shall hire people to work in its operation who are neat,
clean, well groomed, and who shall comport themselves in a professional and
courteous manner. The Concessionaire and any persons hired or otherwise
retained by Concessionaire, shall never have been convicted of a felony.
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8.2 City Manager's designee. Except for those responsibilities expressly set forth in
this Agreement for, respectively, the City Commission and/or the City Manager,
the City Manager's designee for this Agreement shall serve as the City's day to
day representative and point person for Concessionaire with respect to the
Agreement. The City Manager's designee shall be the City's Department of
Transportation Operations Supervisor or Department of Transportation Director.
SECTION 9. IMPROVEMENTS MAINTENANCE REPAIR and OPERATION
The Concessionaire accepts the use of any and all Concession Areas provided in
this Agreement "AS IS," "WHERE IS," and "WITH ALL FAULTS," existing as of the Effective
Date.
9.1 Improvements.
Concessionaire shall not install any improvements in the Concession Area without the
City Manager's written approval, which approval, if provided at all, shall be at the City
Manager's sole discretion. Concessionaire shall be solely responsible (including cost)
and shall pay for the design, fabrication, construction, and installation of any and all
approved Concession Area Improvements (as approved pursuant to Subsection 2.1),
which may be required to operate the Program.
9.2 Maintenance/Repair.
The Concessionaire shall maintain, at its sole cost and expense, the Concession Area
Improvements within the Concession Area and any equipment thereon (as required to
operate the Program), as well as the Program Vessels. The City shall maintain the
Purdy Avenue Dock to address normal wear and tear of the dock; however,
Concessionaire shall be responsible for reimbursing the City for any costs related to the
maintenance and repair cost related to the operation of the Program at the Purdy
Avenue Dock, including any damage which may be caused by the Concessionaire, its
employees, contractors, agents or invitees. Any such maintenance and repairs shall be
performed by the City, as deemed appropriate by the City Manager, in the City
Manager's sole discretion, and Concessionaire shall reimburse the City within ten (10)
days after rendition of a bill or statement.
Concessionaire shall be solely responsible for the day to day operation, and shall
maintain any equipment on the Concession Area and all Program Vessels in good
working order and condition. Concessionaire shall keep the Program Vessels free of
graffiti. No repairs to the Program Vessels may be made on-site. Any Program Vessel
needing maintenance shall be removed from circulation and serviced
at Concessionaire's repair center. Program Vessels cannot be stored at the Purdy
Avenue Dock.
All damage of any kind to the Concession Area Improvement or the Program Vessels
shall be the sole obligation of Concessionaire, and shall be repaired, restored or
replaced promptly by Concessionaire, at its sole cost and expense, to the reasonable
satisfaction of the City Manager or his designee. In the event any Program Vessel is
damaged or non-operational for any reason, Concessionaire shall replace the non-
operational Program Vessel within two (2) hours so that the Program is fully operational
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no later than two (2) hours from the time Concessionaire first becomes aware (or should
be aware) that the Program Vessel is not operational.
All of the aforesaid repairs, restorations and replacements shall be in quality and class
equal to or better than the original work (or equipment) and shall be done in good and
workmanlike manner.
If Concessionaire fails to make such repairs, restorations and/or replacements to the
Concession Area Improvements or the Program Vessels, the same may be made by the
City, at the City's sole option and discretion; however, the City shall not have an
obligation to do so. Concessionaire shall be responsible for any costs associated
therewith, and shall reimburse the City within ten (10) days after rendition of a bill
or statement.
It shall be Concessionaire's sole obligation to ensure that any renovations, repairs and/or
improvements made by Concessionaire to the Concession Area Improvements or
Program Vessels complies with all applicable building codes and life safety codes of
governmental authorities having jurisdiction.
Concessionaire agrees, also at its sole cost and expense, to pay for all garbage disposal
generated by its operations.
9.3 Orderly Operation.
The Concessionaire shall have a neat and orderly operation at all times and shall be
solely responsible for the necessary housekeeping services to properly maintain the
Concession Area, including any equipment thereon, and the Program Vessels.
The Concessionaire shall make available for examination by the City, at any time
requested by the City Manager or his designee, the Concession Area Improvements or
any Program Vessel.
9.4 No Dangerous Materials.
The Concessionaire agrees not to use or permit the storage and/or use of gasoline, fuel
oils, diesel, illuminating oils, oil lamps, combustible powered electricity producing
generators, turpentine, benzene, naphtha, propane, natural gas, or other similar
substances, combustible materials, or explosives of any kind, or any substance or thing
prohibited in the standard policies of fire insurance companies in the State of Florida, on
or within any of the Concession Areas, or on any City property and/or right of way.
Concessionaire shall indemnify and hold City harmless from any loss, damage, cost, or
expense of the City, including, without limitation, reasonable attorney's fees, incurred as
a result of, arising from, or connected with the placement by Concessionaire of any
"hazardous substance" or "petroleum products" on, under, in or upon the Concession
Areas as those terms are defined by applicable Federal and State Statute, or any
environmental rules and environmental regulations promulgated thereunder; provided,
however, Concessionaire shall have no liability in the event of the willful misconduct or
gross negligence of the City, its agents, servants or employees. The provisions of this
Subsection 9.4 shall survive the termination or earlier expiration of this Agreement.
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9.5 Security.
The Concessionaire shall be responsible, at its sole option, to employ or provide
reasonable security measures, as it may deem necessary to protect the Concession
Area and any equipment thereon. Under no circumstances shall the City be responsible
for any stolen or damaged equipment, nor shall City be responsible for any stolen or
damaged personal property of Concessionaire's employees, contractors, agents,
patrons, guests, invitees, and/or other third parties.
Concessionaire shall not employ any recorded video surveillance without the prior
written approval of the City Manager.
9.6 Inspection.
The Concessionaire agrees that any Concession Area (including, without limitation, any
equipment thereon) and any Program Vessel may be inspected at any time by the City
Manager or his designee, or by any other municipal, County, State officer, or officers of
any other agency(ies) having responsibility and/or jurisdiction for inspections of such
operations. The Concessionaire hereby waives all claims against the City for
compensation for loss or damage sustained by reason of any interference with the
concession operation as a result of inspection by any public agency(ies) or officials,
(including, without limitation, by reason of any such public agency or official in enforcing
any laws, ordinances, or regulations as a result thereof). Any such interference shall not
relieve the Concessionaire from any obligation hereunder.
SECTION 10. INSURANCE.
10.1 Without limiting its liability under this Agreement, Concessionaire shall, at all times
during the Term of this Agreement, procure and maintain, at its sole expense (and
Concessionaire shall require its Concessionaire, subcontractors, laborers, materialmen
and suppliers to provide, as applicable), insurance of the types and in the minimum
amounts stated below, and provide a certificate with applicable endorsements on a form
that is acceptable to the City's Division of Insurance and Risk Management evidencing
the following required coverages to the City (including coverage of all Program Vessels
which shall be used by Concessionaire to operate the Program):
Schedule Limits
Worker's Compensation/Employers Liability
Worker's Compensation Florida Statutory Coverage
This insurance shall cover the Concessionaire (and to the extent its subcontractors and
sub-contractors are not otherwise insured, its subcontractors and sub-contractors) for
those sources of liability which would be covered by the latest edition of the standard
Workers' Compensation policy, as filed for use in the State of Florida by the National
Council on Compensation Insurance (NCCI), without any restrictive endorsements other
than the Florida Employers Liability Coverage Endorsement (NCCI Form WC 09 03),
those which are required by the State of Florida, or any restrictive NCCI endorsements
which, under an NCCI filing, must be attached to the policy (i.e., mandatory
endorsements). In addition to coverage for the Florida Workers' Compensation Act,
where appropriate, coverage is to be included for the Federal Employers' Liability Act,
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USL&H and Jones Act, to extent coverage is not provided by the Protection and
Indemnity policy and any other applicable federal or state law.
Hull Coverage: Coverage for direct damage to vessels written on American Institute Hull
clauses form, specifically including "Running Down clauses," "Agreed Valuation
clauses," and Amount of insurance based on value of vessels. The policy shall cover
collision liability on a primary basis.
Protection and Indemnity Coverage: Form "SP 23" Coverage for water taxi operations
of the watercraft, as included in "SP23" for damage to any harbor, graving, piers,
bumpers, etc.; including, but not limited to, Crew to the extent coverage is not provided
by the Worker's Compensation policy, Passenger and Coverage for property and liability
from land while loading and unloading the Ferry or Water Taxi and on-board during
navigation along with Cargo Legal Liability, Dock Liability, Excess Collision over insured
hull limit.
(Coverage shall include Premises, Pollution Exclusion Buyback Endorsement A,
Personal Effects, Medical Payments, Voluntary Wreck Removal, and Pollution Buyback).
$1,000,000 coverage required.
Vessel Pollution Liability (Occ. Form)
Including clean-up cost $20,000 Anyone Scheduled Vessel, any
One incident for IOA 90, CERCLA, Spill
Management, Firefighting and Salvage and
Defense Cost including damage to Property
Ashore.
Including Water Quality Insurance Syndicate or similar form Per Statutory coverage and
limits).
Coverage for third party liability for land based operations to the public and connection
with the taxi operation, specifically including Occurrence form, Bodily Injury, Property
Damage, Products & Completed Operations, Medical Payments, Personal Injury,
Contractual Liability, Ship Repair Liability.
Such insurance shall be no more restrictive than that provided by the most recent
version of the standard Commercial General Liability Form (ISO Form CG 00 01) as
filed for use in the State of Florida without any restrictive endorsements other than those
approved by the City's Office of Insurance and Risk Management.
$1,000,000/$2,0000,000 General Aggregate
$1,000,000 Each Occurrence
$ 50,000 Fire Damage
$ 5,000 Medical Expenses
Bumpershoot Liability 1 000 000 Per Occurrence and Aggregate
p h/ $$1,000,000
(The Bumpershoot Liability policy shall be in excess of the Employer's Liability,
Commercial General Liability, Automobile Liability, Personal & Indemnity and Pollution
Liability limits without any gap. The Bumpershoot coverage will follow from the
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underlying coverages and provide on an Occurrence basis all coverages listed
above.)
A. Waiver of Subrogation. All insurance shall be endorsed to provide for a waiver of
underwriter's rights of subrogation in favor of the City of Miami Beach and the City's
members, officials, officers and employees.
B. Additional Insured: All Insurance except Worker's Compensation and Professional
Liability Shall be endorsed to name the City of Miami Beach and City's members,
officials, officers, and employees. Additional Liability shall be in a form no more
restrictive than CG2010 and Automobile Liability CA2048; endorsements will be
provided to, reviewed and approved by the City's Division of Insurance and Risk
Management prior to commencement of work.
C. The Operator's Insurance Primary. The insurance provided by the Operator for shall
apply on a primary basis to, and shall not require contribution from, any other
insurance or self-insurance maintained by the City or City member, official, officer
and employee.
D. Deductible or self-insured retention. Except as authorized in this Contract, the
insurance maintained by the Operator shall apply on a first dollar basis without
application of a self-insurance, deductible, or self-insured retention. Except as
authorized specifically in this Contract, no self-insurance, deductible, or self-insured
retention for any required insurance, the Operator shall be responsible for paying on
behalf of the City (and any other person or organization Operator has, in this
Contract, agreed to include as an insured for the required insurance) any self-
insurance, deductible, or self-insured retention allowed under this paragraph. The
City will not be responsible for any self-insurance, deductibles or self-insured
retentions under this Contract.
E. Operator's Insurance Additional Remedy. Compliance with the insurance
requirements of this Contract shall not limit the liability of the Operator or its
Subcontractors or Sub- subcontractors, employees or agent to the City or others.
Any remedy provided to City or City's members, officials or employees shall be in
addition to and not in lieu of any other remedy available under this Contract or
otherwise.
F. No Waiver by the City Approval/Disapproval. Neither approval by the City nor failure
to disapprove the insurance furnished by Operator shall relieve Operator of
Operator's full responsibility to provide insurance as required under this Contract.
G. Each policy shall be written by an insurer holding a current certificate of authority
pursuant to chapter 624, Florida Statues or accompany that is declared as an
approved Surplus Lines carrier under Chapter 626 Florida Statutes. Such insurance
shall be endorsed to provide for a waiver of underwriter's rights of subrogation in
favor of the City. Such Insurance shall be written by an insurer with an A.M. Best
Rating of A-VII or better. Prior to commencing any Services, Certificates of Insurance
approved by the City's Division of Insurance & Risk Management demonstrating the
maintenance of said insurance shall be furnished to City. The Operator shall provide
an endorsement issued by the insurer to provide the City thirty (30) days prior written
notice of any change in the above insurance coverage limits or cancellation,
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including expiration or non-renewal. In the event the Operator is unable to obtain
such endorsement, the Operator agrees to provide the City the notice directly. Until
such time as the insurance is no longer required to be maintained by the Operator,
Operator shall provide the City with renewal or replacement evidence of insurance
with the above minimum requirements no less than 30 days before the expiration or
termination of the insurance for which previous evidence of insurance has been
provided.
H. Notwithstanding the prior submission of a Certificate of Insurance, copies of
endorsements, or other evidence initially acceptable to City's Division of Insurance
and Risk Management, if requested to do so by the City, the Operator shall, within
thirty (30) days after receipt of a written request from the City, provide the City with a
certified, complete copy of the policies of insurance providing the coverage required
herein.
I. Anything to the contrary notwithstanding, the liabilities of the Operator under this
Contract shall survive and not be terminated, reduced or otherwise limited by any
expiration or termination of insurance coverage. Neither approval of, nor failure to
disapprove, insurance furnished by the Operator shall relieve the Operator or its sub-
contractors or sub- subcontractors from responsibility to provide insurance as
required by the Contract.
J. Depending upon the nature of any aspect of any project and its accompanying
exposures and liabilities, the City may, at its sole option require additional insurance
coverages in amounts responsive to those liabilities, which may or may not require
that the City also be named as an additional insured.
K. Concessionaire's failure to provide evidence of insurance coverage set forth in this
Section 10, within two (2) days from receipt of a written request from the City shall
constitute a material default under this Agreement.
SECTION 11. INDEMNITY.
11.1 In consideration of a separate a n d specific consideration of Ten ($10.00) Dollars and
other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its
officials, directors, employees, contractors, agents, and servants from and against any
and all actions (whether at law or inequity), claims, liabilities, losses, and expenses,
including, but not limited to, attorneys' fees and costs, for personal, economic or bodily
injury, wrongful death, loss of or damage to property, which may arise or be alleged to
have arisen from: (1) wholly or in part from the negligent acts, errors, omissions or other
misconduct of Concessionaire, its officers, director, members, employees, agents,
contractors, subcontractors, or any other person or entity acting under Concessionaire's
control or supervision; (2) Concessionaire's breach of the terms of this Agreement or its
representations and warranties herein; (3) the operation of the Program; or (4) the use of
the Concession Area Improvements or the Program Vessels. To that extent,
Concessionaire shall pay all such claims and losses and shall pay all such costs and
judgments which may issue from any lawsuit arising from such claims and losses, and
shall pay all costs and attorneys' fees expended by the City in the defense of such
claims and losses, including appeals.
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11.2 In addition, in consideration of a separate and specific consideration of Ten ($10.00)
Dollars and other good and valuable consideration the receipt and sufficiency of which
are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend
the City, its officials, directors, employees, contractors, agents, and servants from and
against any claim, demand or cause of action of whatever kind or nature arising out of
any misconduct of Concessionaire, its officials, directors, employees, contractors,
agents, and servants not included in the paragraph in the subsection above and for
which the City, its officials, directors, employees, contractors, agents, and servants are
alleged to be liable.
11.3 Subsections 11.1 and 11.2 shall survive the termination or expiration of this Agreement.
Subsections 11.1 and 11.2 shall not apply, however, to any such liability that arises as a
result of the willful misconduct or gross negligence of the City.
SECTION 12. FORCE MAJEURE.
12.1 Neither party shall be obligated to perform hereunder and neither party shall be deemed
to be in default if performance is prevented by:
a. Any act or chain of related acts resulting in destruction, vandalism or theft of
water stations which render at least fifty (50%) percent of the Concessionaire
Areas unusable at any one point in time and which is not caused by negligence
of Concessionaire;
b. Earthquake; hurricane; flood; act of God; direct act of terrorism; or civil
commotion occurring which renders at least fifty (50%) percent of the Concession
Areas unusable; and
c. Any law, ordinance, rule, regulation or order of any public or military authority
stemming from the existence of economic or energy controls, hostilities, or war
which renders at least fifty (50%) percent of the Concession Areas unusable.
12.2 Labor Dispute.
In the event of a labor dispute which results in a strike, picket or boycott affecting at least
fifty (50%) percent of the Concession Areas, Concessionaire shall not thereby be
deemed to be in default or to have breached any part of this Agreement, unless such
dispute shall have been caused by illegal labor practices or violations by Concessionaire
of applicable collective bargaining Agreements (and there has been a final determination
of such fact which is not cured by Concessionaire within thirty (30) days).
12.3 Waiver of Loss from Hazards.
The Concessionaire hereby expressly waives all claims against the City for loss or
damage sustained by the Concessionaire resulting from any Force Majeure
contemplated in Subsection 12.1, Labor Dispute in Subsection 12.2 above, or any other
interruption of the operation of the Program, including, without limitation, any City
maintenance or construction activity at the Park, and the Concessionaire hereby
expressly waives all rights, claims, and demands against the City and forever releases
and discharges the City of Miami Beach, Florida, from all demands, claims, actions and
causes of action arising from any of the aforesaid causes.
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SECTION 13. DEFAULT AND TERMINATION.
Subsections 13.1 through 13.4 shall constitute events of default under this Agreement. An
event of default by Concessionaire shall entitle the City to exercise any and all remedies
described as City's remedies under this Agreement, including but not limited to those set forth in
Subsection 13.5.
13.1 Bankruptcy.
If either the City or Concessionaire shall be adjudged bankrupt or insolvent, or if any
receiver or trustee of all or any part of the business property of either party shall be
appointed, or if any receiver of all or any part of the business property shall be appointed
and shall not be discharged within sixty (60) days after appointment, or if either party
shall make an assignment of its property for the benefit of creditors, or shall file a
9 P P Y ,
voluntary petition in bankruptcy, or insolvency, or shall apply for reorganization or
arrangement with its creditors under the bankruptcy or insolvency laws now in force or
hereinafter enacted, Federal, State, or otherwise, or if such petitions shall be filed
against either party and shall not be dismissed within sixty (60) days after such filing,
then the other party may immediately, or at any time thereafter, and without further
demand or notice, terminate this Agreement without being prejudiced as to any remedies
which may be available to it for breach of contract.
13.2 Default in Payment.
In the event Concessionaire fails to submit any payment within five (5) days of its due
date, there shall be a late charge of One Hundred and Fifty ($150.00) Dollars per day for
such late payment, in addition to interest at the highest rate allowable by law. If any
payment and accumulated penalties are not received within ten (10) days after the
payment due date, and such failure continues for ten (10) days after written notice
thereof, then the City may, without further demand or notice, terminate this Concession
Agreement without being prejudiced as to any remedies which may be available to it for
breach of contract.
13.3 Non-Monetary Default.
Unless otherwise set forth in this Agreement, in the event that Concessionaire or the City
fails to reasonably perform or observe the non-monetary covenants, terms or provisions
under this Agreement, and such failure continues ten (10) days after written notice
thereof from the other party hereto, such non-defaulting party may immediately or at any
time thereafter, and without further demand or notice, terminate this Agreement without
being prejudiced as to any remedies which may be available to it hereunder. In the event
that a default is not reasonably susceptible to being cured within such period, the
defaulting party shall not be considered in default if it shall, within such period,
commence with due diligence and dispatch to cure such default and thereafter
completes with dispatch and due diligence the curing of such default, but in no event
shall such extended cure period exceed thirty (30) days from the date of written notice
thereof. In the event Concessionaire cures any default pursuant to this Subsection, it
shall promptly provide the City Manager with written notice of same.
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•
13.4 The failure of the Concession Area to be operational for a period of time exceeding Two
(2) continuous days shall constitute a material default under this Agreement, and no cure
period shall apply.
13.5 City's Remedies for Concessionaire's Default.
If any of the events of default, as set forth in this Section, shall occur, the City may, after
expiration of the cure periods, as provided above, at its sole option and discretion,
institute such proceedings as in its opinion are necessary to cure such defaults and to
compensate City for damages resulting from such defaults, including but not limited to
the right to give to Concessionaire a notice of termination of this Agreement. If such
notice is given, the term of this Agreement shall terminate upon the date specified in
such notice from City to Concessionaire. On the date so specified, Concessionaire shall
then quit and surrender the Concession Area(s) to City pursuant to the provisions of
Subsection 13.7. Upon the termination of this Agreement, all rights and interest of
Concessionaire in and to the Concession Area(s) and to this Agreement, and every part
thereof, shall cease and terminate.
In addition to the rights set forth above, the City shall have the rights to pursue any and
all of the following:
a. the right to injunction or other similar relief available to it under Florida law
against Concessionaire; and or
b. the right to maintain any and all actions at law or suits in equity or other proper
proceedings to obtain damages resulting from Concessionaire's default.
13.6 If an event of default by the City shall occur, the Concessionaire may, after expiration of
the cure periods, as provided above, terminate this Agreement upon written notice to the
City. Said termination shall become effective upon receipt of a written notice of
termination by the City, but in no event shall Concessionaire specify a termination date
that is less than sixty (60) days from the date of the written termination notice. On the
date specified in the notice, Concessionaire shall quit and surrender the Concession
Area(s) to City pursuant to the provisions of Subsection 13.7.
13.7 Surrender of Concession Areas/ Removal by Concessionaire of
Equipment/Improvements.
Upon expiration, or earlier termination of this Agreement, Concessionaire shall surrender
the Concession Areas in the same condition as the Concession Areas were prior to
the Commencement Date, reasonable wear and tear excepted. Concessionaire
shall, at its sole expense and at no charge to the City, remove all equipment from the
Concession Area, (as well as any Concession Area Improvements) no later than thirty
(30) days after the conclusion of the Term, (or from the date of other termination of this
Agreement) unless a longer time period is agreed to, in writing, by the City Manager).
Concessionaire's obligation to observe or perform this covenant shall survive the
expiration or other termination of this Agreement. Continued occupancy of any
Concession Areas after termination of the Agreement shall constitute trespass by the
Concessionaire, and may be prosecuted as such. In addition, the Concessionaire shall
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pay to the City One Thousand ($1,000.00) Dollars per day per Concession Area as
liquidated damages for such trespass and holding over.
13.8 Substitute Performance.
In the event that the Concessionaire fails to properly perform the removal of any
equipment and restoration of the Concession Areas to their original condition in
accordance with the terms of the Agreement, then the City shall have the right to
undertake and/or purchase, as the City Manager deems appropriate, any such supplies,
materials, services, etc., covered herein and to charge Concessionaire for all actual
costs thereby incurred by the City. Concessionaire shall be responsible for paying all of
said costs.
13.9 Termination for Convenience of the City.
THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS
CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY
TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONCESSIONAIRE OF
SUCH TERMINATION, WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30)
DAYS FOLLOWING RECEIPT BY THE CONCESSIONAIRE OF SUCH NOTICE,
FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL
LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS
AGREEMENT.
13.10 City Manager Emergency Powers.
A. Notwithstanding anything to the contrary contained in this Agreement, and in addition
to any other remedy which the City may have under this Agreement or pursuant to
applicable law, if the performance by Concessionaire under this Agreement or the
Program is creating a public health, welfare or safety concern, as determined by the
City Manager, in the City Manager's sole discretion, the City Manager may
immediately suspend the performance of services under this Agreement, including
the Program, until such time as the condition has been remedied to the satisfaction
of the City Manager.
B. Removal of Concessionaire's Property during Emergency Situations. The City
Manager or his/her designee may direct or require the Concessionaire to
immediately remove, relocate and/or store all or part of the Concession Area
Improvements or Program Vessels ("Concessionaire's Property") for public safety
considerations in emergency situations, including, without limitation, a threatened
tropical storm or hurricane. Upon written and/or verbal notification by the City
Manager of a tropical storm/hurricane warning or alert, or other major weather event
that may adversely impact the City, or upon the designation by the United States
National Weather Service or National Hurricane Center of a tropical storm/hurricane
warning or alert, whichever occurs first, the Concessionaire shall, within no more
than two hours of same, remove and store all of Concessionaire's Property to secure
Concessionaire's Property in response to the threatened storm or other emergency,
and shall take all other measures which may be necessary for the protection of the
public with respect thereto. The notification by the City Manager of a hurricane or
other major weather event, or the issuance of a hurricane warning, shall constitute a
public emergency situation. The failure of the City to direct the Concessionaire to
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remove or safety store Concessionaire's Property shall not relieve the
Concessionaire of its obligation to remove and store Concessionaire's Property in
response to a threatened storm event as outlined herein.
Should Concessionaire fail to remove Concessionaire's Property within said two (2)
hour period, or in the event the City Manager or his/her designee determines, at
his/her sole discretion, that Concessionaire's removal, storage and other efforts are
otherwise not satisfactory, Concessionaire shall thereafter be assessed a fee of
$50.00 per hour, until such time as all of Concessionaire's Property have been
removed to the City Manager's satisfaction. In addition, the City Manager, without
any obligation to do so, may immediately proceed to remove, relocate, and/or store
the Concessionaire's Property that has otherwise not been removed by the
Concessionaire, at the Concessionaire's sole cost and expense, , with payment to
the City for all such costs due within thirty (30) days of City's invoice to
Concessionaire.
Concessionaire shall be solely responsible for any damage to City property or other
property resulting from Concessionaire's failure to remove and store
Concessionaire's property, or otherwise implement appropriate measures in
response to a threatened storm or hurricane.
Concessionaire's failure to comply with this Section shall constitute a default under
this Agreement. The remedies identified herein for Concessionaire's failure to
comply with this Section are cumulative, and in addition to, all remedies that may be
available to the City at law and in equity.
SECTION 14. PERFORMANCE BOND OR ALTERNATE SECURITY.
Intentionally Omitted.
SECTION 15. ASSIGNMENT.
Except as permitted pursuant to subsection 3.1.4.2.1 or 3.1.5.1, Concessionaire shall not assign
all or any portion of its duties or obligations under this Agreement without the prior written
consent of the City Commission, which consent shall be at the sole and absolute discretion of
the City Commission. Concessionaire shall notify the City Manager of any proposed
assignment, in writing, at least sixty (60) days prior to the proposed effective date of such
assignment. In the event that any such assignment is approved by the City Commission, the
assignee shall agree to be bound by all the covenants of this Agreement required of
Concessionaire.
SECTION 16. SPONSORSHIPS.
16.1 The City reserves unto itself all present and future rights to negotiate all forms of
endorsement and/or sponsorship agreements based on the marketing value of any City
trademark, property, brand, logo and/or reputation. Any and all benefits derived from an
endorsement and/or sponsorship agreement based on the marketing value of a City
trademark property, brand, logo and/or reputation, shall belong exclusively to the City.
Concessionaire shall be specifically prohibited from entering into, or otherwise creating
any, sponsorships and/or endorsements with third parties which are based solely or in
25
any part on the marketing value of a City trademark, property, brand, logo and/or
reputation.
It is further acknowledged that the name, likeness, equipment, concepts, logos, designs
and other intellectual property rights of Concessionaire shall remain in the exclusive
possession and control of Concessionaire at all times; provided, however, that
Concessionaire hereby grants City an irrevocable license to use any Concessionaire
trademark, brand, and/or logo, for purposes of the City's promotion of the Program and
including, without limitation, the right to use such trademarks, brand, and/or logo in all
media (for such public marketing purposes) whether now existing or as may exist in the
future.
SECTION 17. NO IMPROPER USE.
The Concessionaire will not use, nor suffer or permit any person to use in any
manner whatsoever, any Concession Area or improvements on equipment thereon, for any
illegal, improper, immoral or offensive purpose, or for any other purpose in violation of
any Federal, State, County, or municipal ordinance, rule, order or regulation, or of
any governmental rule or regulation now in effect or hereafter enacted or adopted.
The Concessionaire will protect, indemnify, and forever save and keep harmless the City,
its officials, employees, contractors, and agents from and against damage, penalty,
fine, judgment, expense or charge suffered, imposed, assessed or incurred for any violation,
or breach of any law, ordinance, rule, order or regulation occasioned by any act, neglect
or omission of the Concessionaire, or any official, director, agent, contractor, or
servant regarding the concession. In the event of any violation by the Concessionaire, or if the
City or its authorized representative shall deem any conduct on the part of the
Concessionaire to be objectionable or improper, the City shall have the right to suspend
concession operation should the Concessionaire fail to correct any such violation, conduct, or
practice to the satisfaction of the City Manager or his designee within twenty-four (24)
hours following written notice of the nature and extent of such violation, conduct, or
practice. Such suspension to continue until the violation is cured to the satisfaction from the
City Manager or his designee.
SECTION 18. NOTICES.
All notices from the City to the Concessionaire shall be deemed duly served upon receipt, if
mailed by registered or certified mail return receipt to the Concessionaire at the following
address:
Water Taxi Miami, Inc.
244 Biscayne Boulevard, Suite 2708-N
Miami, Florida, 33132
Attention: Ackikam Yogev, President
All notices from the Concessionaire to the City shall be deemed duly served upon
receipt, if mailed by registered or certified mail return receipt requested to the City of
Miami Beach at the following addresses:
City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: Transportation Department Director
26
With copy to: City of Miami Beach
1700 Convention Center Drive
Miami Beach, FL 33139
Attn: City Manager
The Concessionaire and the City may change the above mailing address at any time
upon giving the other party written notification. All notices under this Concession
Agreement must be in writing.
Any notifications to the City or Concessionaire relating to operational issues may be sent
to the following e-mail addresses; however, the parties may change the e-mail
addresses at any time upon giving the other party written notification:
To Concessionaire: E-mail: Max(a�watertaximiami.com
To the City: E-mail: josegonzalez(a�miamibeachfl.gov
SECTION 19. LAWS.
19.1 Compliance.
Concessionaire shall comply with all applicable City, County, State, and Federal
ordinances, statutes, rules and regulations, including but not limited to all applicable
environmental City, County, State, and Federal ordinances, statutes, rules and
regulations.
19.2 Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida.
19.3 Equal Employment Opportunity.
Neither Concessionaire nor any affiliate of Concessionaire performing services
hereunder, or pursuant hereto, will discriminate against any employee or applicant for
employment because of race, creed, sex, color, national origin, sexual orientation, and
disability (as defined in Title I of ADA). Concessionaire will take affirmative steps to
utilize minorities and females in the work force and in correlative business enterprises.
19.4 No Discrimination.
All operations and services offered in the Concession Area shall be made available to
the public, subject to the right of the Concessionaire and the City to establish and
enforce reasonable rules and regulations to provide for the safety, orderly operation, and
security of the Concession Area and improvements and equipment thereon.
Concessionaire hereby agrees to comply with City of Miami Beach Human Rights
Ordinance as codified in Chapter 62 of the City Code, as may be amended from time to
time, prohibiting discrimination in employment, housing, public accommodations, or
public services, on the basis of actual or perceived race, color, national origin, religion,
sex, intersexuality, sexual orientation, gender identity, familial and marital status, age,
27
ancestry, height, weight, domestic partner status, labor organization membership,
familial situation, political affiliation, or disability.
19.5 Florida Public Records Law.
19.5.1 Contractor shall comply with Florida Public Records law under Chapter 119, Florida
Statutes, as may be amended from time to time. Records made or received in
connection with this Agreement are public records under Florida law, as defined in
Section 119.011(12), Florida Statutes.
19.5.2 Pursuant to Section 119.0701 of the Florida Statutes, if the Contractor meets the
definition of"Contractor" as defined in Section 119.0701(1)(a), the Contractor shall:
(A) Keep and maintain public records required by the City to perform the service;
(B) Upon request from the City's custodian of public records, provide the City with a
copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
Chapter 119, Florida Statutes or as otherwise provided by law;
(C) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed, except as authorized
by law, for the duration of the contract term and following completion of the
Agreement if the Contractor does not transfer the records to the City;
(D) Upon completion of the Agreement, transfer, at no cost to the City, all public
records in possession of the Contractor or keep and maintain public records
required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of the Agreement, the Contractor shall
destroy any duplicate public records that are exempt or confidential and exempt
from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of the Agreement, the Contractor shall
meet all applicable requirements for retaining public records. All records stored
electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information
technology systems of the City.
19.5.3 Request for Records; Noncompliance.
(A) A request to inspect or copy public records relating to the City's contract for
services must be made directly to the City. If the City does not possess the
requested records, the City shall immediately notify the Contractor of the request,
and the Contractor must provide the records to the City or allow the records to be
inspected or copied within a reasonable time.
(B) Contractor's failure to comply with the City's request for records shall constitute a
breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally
terminate the Agreement; (2) avail itself of the remedies set forth under the
Agreement; and/or (3) avail itself of any available remedies at law or in equity.
28
(C) A Contractor who fails to provide the public records to the City within a
reasonable time may be subject to penalties under s. 119.10.
19.5.4 Civil Action.
(A) If a civil action is filed against a Contractor to compel production of public records
relating to the City's contract for services, the court shall assess and award
against the Contractor the reasonable costs of enforcement, including
reasonable attorney fees, if:
1. The court determines that the Contractor unlawfully refused to comply with
the public records request within a reasonable time; and
2. At least 8 business days before filing the action, the plaintiff provided written
notice of the public records request, including a statement that the
Contractor has not complied with the request, to the City and to the
Contractor.
(B) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of
public records and to the Contractor at the Contractor's address listed on its
contract with the City or to the Contractor's registered agent. Such notices must
be sent by common carrier delivery service or by registered, Global Express
Guaranteed, or certified mail, with postage or shipping paid by the sender and
with evidence of delivery, which may be in an electronic format.
(C) A Contractor who complies with a public records request within 8 business days
after the notice is sent is not liable for the reasonable costs of enforcement.
19.5.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS AT:
CITY OF MIAMI BEACH
ATTENTION: RAFAEL E. GRANADO, CITY CLERK
1700 CONVENTION CENTER DRIVE
MIAMI BEACH, FLORIDA 33139
E-MAIL: RAFAELGRANADO(aMIAMIBEACHFL.GOV
PHONE: 305-673-7411
SECTION 20. MISCELLANEOUS.
20.1 No Partnership.
Nothing contained in this Agreement shall constitute or be construed to be or create a
partnership or joint venture between the City and Concessionaire.
29
20.2 Modifications.
This Agreement cannot be changed or modified except by Agreement in writing
executed by all parties hereto. Concessionaire acknowledges that no modification to this
Agreement may be agreed to by the City unless approved by the Mayor and City
Commission except where such authority has been expressly provided herein to the City
Manager or his designee.
20.3 Complete Agreement.
This Agreement, together with all exhibits incorporated hereto, constitutes all the
understandings and Agreements of whatsoever nature or kind existing between the
parties with respect to Concessionaire's operations, as contemplated herein.
20.4 Headings.
The section, subsection and paragraph headings contained herein are for convenience
of reference only and are not intended to define, limit, or describe the scope or intent of
any provision of this Agreement.
20.5 Binding Effect.
This Agreement shall be binding upon and inure to the benefit of the parties hereto and
their respective successors and permitted assigns.
20.6 Clauses.
The illegality or invalidity of any term or any clause of this Agreement shall not affect the
validity of the remainder of the Agreement, and the Agreement shall remain in full force
and effect as if such illegal or invalid term or clause were not contained herein unless the
elimination of such provision detrimentally reduces the consideration that either party is
to receive under this Agreement or materially affects the continuing operation of
this Agreement.
20.7 Severability.
If any provision of this Agreement or any portion of such provision or the application
thereof to any person or circumstance shall be held to be invalid or unenforceable, or
shall become a violation of any local, State, or Federal laws, then the same as so
applied shall no longer be a part of this Agreement but the remainder of the Agreement,
such provisions and the application thereof to other persons or circumstances, shall not
be affected thereby and this Agreement as so modified shall.
20.8 Right of Entry.
The City, at the direction of the City Manager, shall at all times during hours of operation,
have the right to enter into and upon any and all parts of the Concession Area(s) for the
purposes of examining the same for any reason relating to the obligations of parties to
this Agreement.
30
20.9 Not a Lease.
It is expressly understood and agreed that no part, parcel, building, facility, equipment or
space is leased to the Concessionaire, that it is a concessionaire and not a lessee; that
the Concessionaire's right to operate the concession shall continue only so long as this
Agreement remains in effect.
20.10 Signage.
Concessionaire shall provide, at its sole cost and expense, any signs utilized for its
p P Y 9
Program. All signage and postings shall be approved by the City Manager, and shall be
in accordance with all applicable Municipal, County, State and Federal laws and
regulations. Any signage posted by Concessionaire shall be subject to the prior approval
of the City as to size, shape and placement of same, and no such approvals will be
nr n I
u easo ab
Y withheld.
The City shall be responsible for providing, at its sole cost and expense, and as (or if) it
deems necessary in its sole and reasonable judgment and discretion, any traffic,
regulatory or public safety signs, whether related directly or indirectly to the Program.
20.11 Procedure for Approvals and/or Consents.
In each instance in which the approval or consent of the City Manager or his designee is
allowed or required in this Agreement, it is acknowledged that such authority has been
expressly provided herein to the City Manager or his designee by the Mayor and City
Commission of the City. In each instance in which the approval or consent of the City
Manager or his designee is allowed or required in this Agreement, Concessionaire shall
send to the City Manager a written request for approval or consent (the "Approval
Request").
The City Manager or his designee shall use reasonable efforts to provide written notice
to Concessionaire approving of consent to, or disapproving of the request, within thirty
(30) days from the date of Approval Request (or within such other time period as may be
expressly set forth for a particular approval or consent under this Agreement). However,
the City Manager or his designee's failure to consider such request within this time
provided shall not be deemed a waiver, nor shall Concessionaire assume that the
request is automatically approved and consented to. The City Manager or his
designee shall not unreasonably withhold such approval or consent. This
Subsection shall not apply to approvals required herein by the Mayor and
City Commission.
20.12 No Waiver.
It is mutually covenanted and agreed by and between the parties hereto that the failure
of the City to insist upon the strict performance of any of the conditions, covenants,
terms or provisions of this Agreement, or to exercise any option herein conferred, will not
be considered or construed as a waiver or relinquishment for the future of any such
conditions, covenants, terms, provisions or options but the same shall continue and
remain in full force and effect. A waiver of any term expressed herein shall not be
implied by any neglect of the City to declare a forfeiture on account of the violation of
such term if such violation by continued or repeated subsequently and any express
31
waiver shall not affect any term other than the one specified in such waiver and that one
only for the time and in the manner specifically stated.
The receipt of any sum paid by Concessionaire to the City after breach of any condition,
covenant, term or provision herein contained shall not be deemed a waiver of such
breach, but shall be taken, considered and construed as payment for use and
occupation, and not as rent, unless such breach be expressly waived in writing by the
City.
20.13 No Third Party Beneficiary.
Nothing in this Agreement shall confer upon any person or entity, including, but not
limited to sub concessionaires, other than the parties hereto and their respective
successors and permitted assigns, any rights or remedies by reason of this Agreement.
20.14 No Lien.
In the event any notice or claim of lien shall be asserted against the interest of the City
on account of or arising from any work done by or for Concessionaire, or any person
claiming by, through or under Concessionaire, or for improvements or work, the cost of
which is the responsibility of Concessionaire, Concessionaire agrees to have such notice
or claim of lien cancelled and discharged within fifteen (15) days after notice to
Concessionaire by City. In the event Concessionaire fails to do so, City may terminate
this Agreement for cause without liability to City.
SECTION 21. LIMITATION OF LIABILITY.
The City desires to enter into this Agreement placing the operation and management of
the Concession Area in the hands of a private management entity only if so doing the City can
place a limit on its liability for any cause of action for breach of this Agreement, so that its
liability for any such breach never exceeds the sum of Five Thousand ($5,000.00) Dollars.
Concessionaire hereby expresses its willingness to enter into this Agreement Five
Thousand ($5,000.00) Dollars limitation on recovery for any action for breach of contract.
Accordingly, and in consideration of the separate consideration of Five Thousand ($5,000.00)
Dollars, the receipt of which is hereby acknowledged, the City shall not be liable to
Concessionaire for damages to Concessionaire in an amount in excess of Five
Thousand ($5,000.00) Dollars, for any action for breach of contract arising out of the
performance or on-performance of any obligations imposed upon the City by this Agreement.
Nothing contained in this paragraph or elsewhere in this Agreement is in any way intended to be
a waiver of limitation placed upon the City's liability as set forth in Florida Statutes, Section
768.28.
SECTION 22. VENUE/WAIVER OF JURY TRIAL.
This Agreement shall be deemed to have been made and shall be construed and interpreted in
accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-
Dade County, Florida, and if legal action is necessary by either party with respect to the
enforcement of any and all the terms or conditions herein, exclusive venue for the enforcement
of same shall lie in Miami-Dade County, Florida.
32
CITY AND CONCESSIONAIRE HEREBY KNOWINGLY AND INTENTIONALLY WAIVE THE
RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT CITY
AND CONCESSIONAIRE MAY HEREIN AFTER INSTITUTE AGAINST EACH OTHER
WITH RESPECT TO ANY MATTER ARISING OUT OF OR RELATED TO THIS
AGREEMENT OR THE CONCESSION AREA(S).
THE REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK.
33
IN WITNESS WHEREOF, the parties hereto have caused their names to be signed and their
seals to be affixed, all as of the day and year first above written, indicating their Agreement.
Attest: CITY • MIAMI BE H, FLORIDA
A'
R ael E. Granada, City Clerk Jimm L. Moral:s, ity Manager
Date: V I Vv it go
•
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Attest: �� .• '' .f ,��'4,TAXI MIAMI, INC.
//■. * MCORP _ ,_ 4/r/->. y \a •• ._ /.....
'� fA�L.r I I�- /c 1 2 I soy vtesS;A)6. paios,og/ +
t Name and Title ,„1v5- Name and Title
Date: 1k\ A•G)11L
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
1110 OP
City Att rney ! Date
34
Exhibit 1. Concession Area
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Exhibit 2. Concept Plan for Vessels
36
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Exhibit 3. Fares for Water Taxi Services
1. Fares. Concessionaire shall provide the services under this Agreement
in accordance with the following fares ("Fares"):
One Way Fares:
Adults and Children one (1) year of age and older $15.00
Children under one (1) year of age FREE
Military/Senior Citizens, 65+ years of age $10.00
Miami Beach resident $10.00
Round-Trip Fares:
Adults and Children one (1) year of age and older $30.00
Children under one (1) year of age FREE
Military/Senior Citizens, 65+ years of age $20.00
Miami Beach resident $20.00
Monthly Pass: $95.00
Annual Pass* $295.00
The Fares may be revised and discount rates may be established between the parties,
subject to the prior written approval of the City Manager. Concessionaire shall post a
suitable card in large type, easily readable, in each Water Taxi for hire explaining and
describing the Fares. Fares shall be displayed in a manner and form that can be readily
understood by passengers. Upon the request of a passenger, Concessionaire shall
supply the passenger with a written receipt showing the fare paid by the passenger and
the date of the transaction. Concessionaire shall conspicuously post notice of this
requirement in each of the water taxis.
Fares may not be waived by Concessionaire unless approved in advance by the City
Manager or his designee. If a passenger boards a water taxi and it is determined while
in transit that the passenger is unable to pay the applicable Fare, the passenger shall be
required to disembark at the next scheduled stop.
37
Exhibit 4. Plan of Operation
(Regular Operation)
1. Route: servicing Purdy Avenue Dock as part of the current public water taxi service (Bayside
Marketplace-Miami Beach Marina-Sea Isles Marina-Bayside Marketplace).
2. Days of Operation: weekend operation (Friday to Sunday) at the Purdy Avenue Dock, using a 38
passenger vessel with the ability to accommodate bicycles.
3. Hours of Operation and Frequency of Service: 11:30 AM to 7:00 PM (summer time) with the
ability to extend the hours of operation from 7:30 AM to 11:30 PM once demand warrants;
proposed frequency of service is 90 minutes. The following schedule indicates the minimum
required stops at the Purdy Avenue Dock, regardless of whether or not there is demand for
water taxi services:
Bayside Miami Beach Purdy Avenue
Marketplace Marina Marina Sea Isle Marina
Trip 1 11:00 AM 11:20 AM 11:40 AM 12:00 PM
Trip 2 12:30 PM 12:50 PM 1:10 PM 1:30 PM
Trip 3 2:00 PM 2:20 PM 2:40 PM 3:00 PM
Trip 4 3:30 PM 3:50 PM 4:10 PM 4:30 PM
Trip 5 5:00 PM 5:20 PM 5:40 PM 6:00 PM
Trip 6 6:30 PM 6:50 PM 7:10 PM 7:30 PM
4. At Concessionaire's option, if there is additional demand for water taxi service at the Purdy
Avenue Dock, Concessionaire may increase the frequency of service during the established days
of operation.
5. Ticket Booth Hours of Operation, Location and Storage: the ticket booth shall be opened at least
30 minutes prior to first scheduled water taxi service departure and shall remain open until the
last scheduled departure from the Purdy Avenue Dock. The ticket booth and passenger staging
area shall be clearly branded and its location shall be subject to the written approval of the City
Manager or the City Manager's designee. The ticket booth and passengers of the water taxi
service shall not obstruct pedestrian paths or vehicular access into the Park. The ticket booth
and any other associated equipment shall not be stored at the Purdy Avenue Dock.
38