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Resolution 2024-33352 RESOLUTION NO. 2024-33352 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO DEVELOP A REQUEST FOR PROPOSALS ("RFP") FOR THE ESTABLISHMENT OF A WATER TAXI SERVICE BETWEEN ONE OR MORE LOCATIONS IN MIAMI BEACH AND ONE OR MORE LOCATIONS IN MIAMI AND TO PRESENT THE DRAFT RFP FOR THE APPROVAL BY THE CITY COMMISSION PRIOR TO ISSUANCE. WHEREAS, on June 28, 2023, the City Commission adopted Resolution No. 2023- 32644, waiving, by a 5/7th vote, the formal competitive bidding requirement and accepting the recommendation of the Finance and Economic Resiliency Committee ("FERC") at its May 24, 2023 meeting, directing the City Administration ("Administration")to: 1) negotiate a one (1) year Agreement with Poseidon Ferry, LLC ("Poseidon") for a water taxi pilot program ("Pilot Program"); 2) identify funding; 3) identify locations where the operation will be conducted; and 4) define the City contribution and fare structure; and further requiring that the final Agreement be subject to approval by the City Commission; and WHEREAS,on June 28,2023,the City Commission adopted Resolution No.2023-32645 directing the Administration to explore the possibility of developing a new dock for water taxi service and study the financial components, including grant funding opportunities, and add water taxi services to the City's legislative priorities; and WHEREAS, Resolution No. 2023-32645 emphasized the importance of pursuing a competitive solicitation process for future water taxi services; and WHEREAS,on September 13,2023,the City Commission adopted Resolution No.2023- 32746, approving the term sheet reflecting the essential business terms of the Pilot Program and authorizing the Administration to negotiate and execute a one (1) year Concession Agreement with Poseidon; and WHEREAS, on March 14, 2024, the Concession Agreement between the City and Poseidon fora one (1)year Pilot Program was executed; and WHEREAS, the Concession Agreement provided for Poseidon to operate water taxi service using one(1)vessel operating between the floating dock in Maurice Gibb Memorial Park in Sunset Harbour and the Venetian Marina &Yacht Club in Miami, for approximately 11 hours a day, seven (7) days a week, at a cost to the City of$600,000; and WHEREAS, the Pilot Program began on June 30, 2024; and WHEREAS, since the launch of the Pilot Program, Poseidon's service faced significant operational challenges, including multiple mechanical failures,service suspensions, and ongoing customer service complaints. As a result, ridership remained low, with an average of 50 passengers per day; and WHEREAS, at the July 24, 2024 City Commission meeting, Item C7 AH, sponsored by Vice-Mayor Fernandez, Commissioner Bhatt, and Commissioner Magazine, directing the Administration to terminate the Concession Agreement with Poseidon for material default, was referred to FERC for a discussion and then to return to the September 11, 2024 City Commission meeting; and WHEREAS, during the July 26, 2024 FERC meeting, the Committee discussed this item and referred it to the September 11, 2024 City Commission meeting with a favorable recommendation to terminate the Concession Agreement with Poseidon due to Poseidon's material default; and WHEREAS, at the September 11, 2024 City Commission meeting,the City Commission adopted Resolution No.2024-33247,terminating the Concession Agreement with Poseidon;and WHEREAS, on September 18, 2024, a Sunshine Meeting was held by Commissioner David Suarez to discuss and explore possible smaller-scale alternatives for a water taxi service; and WHEREAS, the recommendation from the Sunshine Meeting was to bring this item before the City Commission for further discussion and to direct the Administration to prepare a competitive solicitation for future water taxi services; and WHEREAS, the goal of the competitive solicitation is to ensure that a future water taxi service is reliable, meets the needs of the community, and is procured through a transparent and competitive process; and WHEREAS, the Administration recognizes the need for a reliable water taxi service to complement the City's multi-modal transportation network. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission direct the City Administration to develop a Request For Proposals ("RFP") for the establishment of a water taxi service between one or more locations in Miami Beach and one or more locations in Miami and to present the draft RFP for the approval by the City Commission prior to issuance. PASSED and ADOPTED this ga day i0 , 2024. ATTEST: Steven Meiner, Mayor NOV 0 5 2024 Rafael E. Granado, City Clerk (sponsored by Mayor Steven Meiner, -�;';t�E q APPROVED AS TO Commissioner Tanya K. Bhatt, `P' �y ,� "' (/', FORM &LANGUAGE Commissioner Laura Dominguez, & FOR EXECUT N Commissioner Alex Fernandez, ',INCORPORATED; s Vrkkt I� Commissioner David Suarez) � ..........�' City Attorney .(7 Date Co-Sponsored by Commissioner Joseph Magazine ' Resolutions - R7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: October 30, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE CITY ADMINISTRATION TO DEVELOP A REQUEST FOR PROPOSALS ("RFP") FOR THE ESTABLISHMENT OF A WATER TAXI SERVICE BETWEEN ONE OR MORE LOCATIONS IN MIAMI BEACH AND ONE OR MORE LOCATIONS IN MIAMI AND TO PRESENT THE DRAFT RFP FOR THE APPROVAL BY THE CITY COMMISSION PRIOR TO ISSUANCE. RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission") discuss this item and direct the Administration to prepare a competitive solicitation for water taxi service. BACKGROUND/HISTORY On March 27, 2023, at the request of Commissioner David Richardson, the City Commission referred an Item (C4 N) to the Finance and Economic Resiliency Committee ("FERC" or "Committee")to discuss implementing a water taxi/ferry service in the City of Miami Beach ("City"), and providing a potential subsidy for the program, in an effort to reduce the fares charged to passengers and promote an alternative mode of transportation between the cities of Miami Beach and Miami. On June 28, 2023, the City Commission adopted Resolution No. 2023-32644 (Attachment A), waiving, by a 5/7th vote, the formal competitive bidding requirement and accepting the recommendation of the FERC at its May 24, 2023 meeting, directing the Administration to: 1) negotiate a one (1) year Agreement with Poseidon Ferry, LLC ("Poseidon") for a water taxi pilot program ("Pilot Program"); 2) identify funding; 3) identify locations where the operation will be conducted; and 4) define the City contribution and fare structure; and further requiring that the final Agreement be subject to approval by the City Commission. Additionally, on June 28, 2023, the City Commission adopted Resolution No. 2023-32645 (Attachment B)directing the Administration to explore the possibility of developing a new dock for water taxi service and study the financial components, including grant funding opportunities, and add water taxi services to the City's legislative priorities. Additionally, Resolution No. 2023-32645 emphasized the importance of pursuing a competitive solicitation process for future water taxi services. On September 13, 2023, the City Commission adopted Resolution No. 2023-32746 (Attachment C), approving the term sheet reflecting the essential business terms of the Pilot Program and authorizing the Administration to negotiate and execute a one (1) year Concession Agreement with Poseidon. Page 1666 of 2497 On March 14, 2024, the Concession Agreement between the City and Poseidon for a one (1)year Pilot Program was executed. The Concession Agreement provided for Poseidon to operate water taxi service using one (1) vessel operating between the floating dock in Maurice Gibb Memorial Park in Sunset Harbour and the Venetian Marina & Yacht Club in Miami, for approximately 11 hours a day, seven (7) days a week, at a cost to the City of$600,000. The Pilot Program began on June 30, 2024. Since the launch of the Pilot Program, Poseidon's service faced significant operational challenges, including multiple mechanical failures, service suspensions, and ongoing customer service complaints. As a result, ridership remained low, with an average of 50 passengers per day. At the July 24, 2024 City Commission meeting, Item C7 AH, sponsored by Vice-Mayor Fernandez, Commissioner Bhatt, and Commissioner Magazine, directing the Administration to terminate the Concession Agreement with Poseidon for material default, was referred to FERC for a discussion and then to return to the September 11, 2024 City Commission meeting. During the July 26, 2024 FERC meeting, the Committee discussed this item and referred it to the September 11, 2024 City Commission meeting with a favorable recommendation to terminate the Concession Agreement with Poseidon due to Poseidon's material default. At the September 11, 2024 City Commission meeting, the City Commission adopted Resolution No. 2024-33247 (Attachment D)terminating the Concession Agreement with Poseidon. On September 16, 2024, the City issued a Notice of Default to Poseidon (Attachment E) terminating the Concession Agreement between the City and Poseidon. ANALYSIS On September 18, 2024, a Sunshine Meeting was held by Commissioner David Suarez to discuss and explore possible smaller-scale alternatives for a water taxi service. Vice-Mayor Alex Fernandez, Commissioner David Suarez, and Commissioner Laura Dominguez, along with other individuals and stakeholders, including Water Taxi Miami and Aqua Party Boat & Cruises, discussed potential alternatives to replace Poseidon. The recommendation from the Sunshine Meeting was to bring this item before the City Commission for further discussion and direct the Administration to prepare a competitive solicitation for future water taxi services. The goal of the competitive solicitation is to ensure that a future water taxi service is reliable, meets the needs of the community, and is procured through a transparent and competitive process. The Administration recognizes the need for a reliable water taxi service to complement the City's multi-modal transportation network. In line with Resolution No. 2023-32645 (Attachment B), the Administration has actively pursued potential grants to offset expenses related to water taxi service. Currently,the Administration has applied for Fiscal Year 2025/2026 grant funding through the Florida Department of Transportation ("FDOT"), specifically under the Public Transit Service Development Program ("PTSD").The PTSD provides financial assistance for projects that involve new services, technologies, or improvements to public transportation. The PTSD program requires a 50% local match and can fund projects for up to three (3)years. The City has a strong track record of securing PTSD funding, having successfully used this program to support the citywide trolley service for several years. However, FDOT has not yet announced the results or the recipients of this year's grant funding. The Administration continues to research additional funding opportunities from both federal and state grant programs, and work with its local transportation partners to advance waterborne Page 1667 of 2497 transportation initiatives. These grant programs, however, require detailed information regarding the water taxi/ferry service, including, but not limited to, an implementation strategy with docking locations, routes, vessel criteria, ridership, detailed budget, timeline, proof of coordination with the regional transportation agencies, incorporation in the region's comprehensive transportation plans, and proof of local matching funds availability. At this time, the City does not have much of this information required to be eligible to submit an application for grant funding at the federal level. It is worth noting that the Miami-Dade Transportation Planning Organization ("TPO") is currently conducting a regional study entitled "Feasibility of Implementing a Waterborne Transportation Network in Miami-Dade County."The study includes the cities of Miami and Miami Beach as well as other coastal communities and local transportation agencies. The City's Transportation and Mobility Department staff participates in the Project Working Group helping to guide the study process and shape the study recommendations. The TPO feasibility study is evaluating various potential water taxi/ferry routes, vessel options, and docking locations, including several potential docking locations in Miami Beach. The TPO feasibility study is anticipated to be completed by the end of 2024. The study findings and recommendations, including cost estimates and an implementation plan, will be instrumental in helping the Administration craft a scope of services, budget, and other information pertinent to developing a RFP or similar competitive solicitation document for future water taxi/ferry service in Miami Beach. FISCAL IMPACT STATEMENT N/A Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE) was published on: See BIE at: https://www.miamibeachfl.gov/city-hall/city-clerk/meeting-notices/ FINANCIAL INFORMATION N/A CONCLUSION Based on the operational challenges experienced during the Pilot Program and the need for a reliable and sustainable water taxi service, the Administration recommends proceeding with a competitive solicitation process to identify potential vendors with the ability, capacity, experience, and skill to operate an effective and efficient water taxi/ferry service. In preparing the competitive solicitation for a future water taxi service, the Administration will draft a RFP with a scope of work that outlines the service expectations, including criteria related to service reliability, vessel specifications, ADA compliance, optimal docking locations, and integration with other modes of transportation for City Commission approval prior to issuance. This approach will ensure a transparent selection of a water taxi/ferry service operator that can meet the mobility needs of the City's residents, visitors, and workforce. Page 1668 of 2497 Additionally, the Administration's collaboration with the Miami-Dade TPO on the waterborne transportation feasibility study currently underway and ongoing efforts to secure grant funding, including the current application for FDOT PTSD funds, demonstrates a proactive approach to offsetting operating costs and supporting the long-term viability of a water taxi/ferry service. Applicable Area Citywide Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s)and principal(s): N/A Department Transportation and Mobility Sponsor(s) Mayor Steven Meiner Commissioner Tanya K. Bhatt Commissioner Laura Dominguez Commissioner Alex Fernandez Commissioner David Suarez Co-sponsor(s) Condensed Title Direct Administration to Develop RFP for a Water Taxi service. (Meiner/Bhatt/Dominguez/Fernandez/Suarez) TR Page 1669 of 2497 RESOLUTION NO; 2023-32644 • • A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH FLORIDA, WAIVING, BY 5/7TH VOTE, THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(E) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS MAY 24, 2023 MEETING, DIRECTING THE CITY ADMINISTRATION TO (1) NEGOTIATE A ONE (1) YEAR AGREEMENT BEGINNING IN FISCAL YEAR 2024 WITH POSEIDON FERRY, LLC TO PROVIDE A WATER TAXI SERVICE PILOT PROGRAM ("PILOT PROGRAM") BETWEEN MIAMI BEACH AND DOWNTOWN MIAMI; (2) IDENTIFY FUNDING; (3) IDENTIFY LOCATIONS WHERE OPERATION WILL BE CONDUCTED; AND (4) DEFINE THE CITY CONTRIBUTION, AND FARE STRUCTURE FOR THE PILOT PROGRAM; AND FURTHER REQUIRING THAT THE FINAL AGREEMENT BE SUBJECT TO APPROVAL BY THE MAYOR AND CITY COMMISSION. WHEREAS, a water taxi is a watercraft that provides public transport service, usually, but not always, in an urban environment; and WHEREAS, aside from being an attraction to tourists who enjoy the scenic cross-bay route, more importantly, water taxi service can also provide a convenient and reliable alternative mobility option to commuters traveling daily to and from Downtown Miami and the City of Miami Beach ("Citi'), connecting various destinations in the City and on the mainland; and WHEREAS, on January 2012, the City's Marine and Waterfront Protection Authority ("MWPA") discussed this subject and passed a resolution recommending that the City develop a plan for waterborne transportation services within the City and to mainland Miami; and WHEREAS, on July 23, 2014, the City Commission adopted Resolution No. 2014-28665 directing the City Administration to prepare an Invitation to Negotiate ("ITN") to seek proposals from qualified firms interested in providing the City with waterborne public transportation services; and WHEREAS, the ITN resulted in only one (1) responsive and responsible bidder, Water Taxi Miami, Inc.; and WHEREAS, the City executed a contract with Water Taxi Miami, Inc. to operate a one (1) year water taxi pilot program from December 30, 2016 to December 30, 2017, at no cost to the City; and WHEREAS, due to its high fares, weekend-only service, and infrequent weekday service, the pilot was not deemed a practical, competitive, reliable, convenient, or financially viable operation and was terminated on December 30, 2017; and WHEREAS, on September 8, 2020, Poseidon Ferry LLC("Poseidon") presented a water ferry service operating plan to the City's Marine and Waterfront Protection Authority (MWPA); and • Page 1670 of 2497 WHEREAS, Poseidon launched service on November 29, 2020, using a double-deck vessel with an air-conditioned lower deck; and WHEREAS, Poseidon's water taxi service was privately owned and operated, with no public subsidy from Miami-Dade County, the City of Miami, or the City; and WHEREAS, the service was suspended on December 31, 2022 due to low ridership; and WHEREAS, on March 27, 2023, at the request of Commissioner David Richardson, the City Commission referred a discussion (Item C4 N) to the Finance and Economic Resiliency Committee("FERC")to discuss implementing a water taxi/ferry service in the City, and providing a potential subsidy for the program, in an effort to reduce the fares charged to passengers and promote an alternative mode of transportation between Miami Beach and downtown Miami; and WHEREAS, Poseidon represented that the net annual operating and maintenance cost of the service was approximately $600,000.00 per year for one (1) vessel operating seven (7) days a week at a service frequency of one (1) hour from Sunday to Friday (from 7:30 a.m. to 7:30 p.m.) and limited departures on Saturday; and WHEREAS, during the May 24, 2023 FERC meeting, the Committee discussed the Item and passed a motion, recommending a waiver of the formal competitive bidding process, if required to do so, and directing the Administration to: (1)proceed with negotiating a one-year pilot program with Poseidon, commencing during FY 2024, including related contract terms, such as identifying the locations where the operations would be conducted, the final City contribution toward the operation of the program, and the fare structure for use of the services; and WHEREAS, on March 27, 2023, at the request of Commissioner Steven Meiner, the City Commission referred a discussion (Item C4 0)to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") and the Finance and Economic Resiliency Committee ("FERC')to discuss obtaining federal, state and county funding to implement a free water taxi/ferry service program in Miami Beach, to incentivize residents to use water taxis as an alternative mode of transportation; and WHEREAS, following the May 23, 2023 PSNQLC meeting, the Administration is submitting a companion agenda item, recommending that the City Administration: (1) study the possibility of developing a new dock, and the various components of such a development, including the cost and possible funding sources for a local match, should any State and Federal grants be available; (2) add a water taxi/ferry service to the City's list of legislative priorities; (3) refer the discussion of the development ofa new dock to the Marine and Waterfront Protection Authority and the Transportation, Parking and Bicycle-Pedestrian Facilities Committee to discuss and seek input on the appropriate location for a new dock; and (4) explore the different, components of a water ferry program, including evaluating the different approaches to the service operating plans and vessel type/technologies, in anticipation of an issuance of a competitive solicitation for the service; and WHEREAS, based upon the foregoing, and in preparation for the anticipated issuance of a competitive bidding solicitation for a water ferry service,the City Manager recommends waiving, by 517th vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City, and accepting the recommendation of • the FERC, at its May 24, 2023 meeting, to utilize FY 2024 funds and negotiate a one-year pilot program with Poseidon. Page 1671 of 2497 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by 5/7th vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City, and accept the recommendation of the Finance and Economic Resiliency Committee, at its May 24, 2023 meeting, directing the City Administration to(1) negotiate a one (1)year agreement beginning in fiscal year 2024 with Poseidon Ferry, LLC to provide a water taxi service pilot program ("Pilot Program")between Miami Beach and Downtown Miami; (2) identify funding; (3) identify locations where operation will be conducted; and (4) define the City contribution, and fare structure for the • Pilot Program; and further require that the final agreement be subject to approval by the Mayor and City Commission. PASSED and ADOPTED this 28th day June, 2023. ATTEST: Dan Gelber, Mayor JUL - 5 2023 Rafael E. Granado, City Clerk ' UNCORP ORATEDi APPROVED AS TO FORM & LANGUAGE • &FOR EXECUTION • City Attorney�'_` Date Page 1672 of 2497 RESOLUTION NO., 2023-32645 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA, ACCEPTING THE RECOMMENDATION OF THE PUBLIC SAFETY AND NEIGHBORHOOD QUALITY OF LIFE COMMITTEE, AT ITS MAY 23, 2023 MEETING, RECOMMENDING THAT THE CITY ADMINISTRATION: (1) STUDY THE POSSIBILITY OF DEVELOPING A NEW DOCK, AND THE VARIOUS COMPONENTS OF SUCH A DEVELOPMENT, INCLUDING THE COST AND AVAILABLE FUNDING SOURCES FOR A LOCAL MATCH, SHOULD ANY STATE AND FEDERAL GRANTS BE AVAILABLE; (2) ADD WATER TAXUFERRY SERVICE TO THE CITY'S LIST OF LEGISLATIVE'PRIORITIES; (3) REFER THE DISCUSSION OF THE DEVELOPMENT OF A NEW DOCK TO THE MARINE AND WATERFRONT PROTECTION AUTHORITY AND THE TRANSPORTATION, PARKING AND BICYCLE-PEDESTRIAN FACILITIES COMMITTEE TO DISCUSS AND SEEK INPUT ON THE APPROPRIATE LOCATION FOR A NEW DOCK; AND (4) EXPLORE THE DIFFERENT COMPONENTS OF A WATER FERRY PROGRAM, INCLUDING EVALUATING THE DIFFERENT APPROACHES TO THE SERVICE OPERATING PLANS AND VESSEL TYPE/TECHNOLOGIES, IN ANTICIPATION OF THE ISSUANCE OF A COMPETITIVE SOLICITATION PROCESS FOR THE SERVICE. WHEREAS, a water taxi is a watercraft that provides public transport service, usually, but not always, in an urban environment; and WHEREAS, aside from being an attraction to tourists who enjoy the scenic cross-bay route, more importantly, water taxi service can also provide a convenient and reliable alternative mobility option to commuters traveling daily to and from Downtown Miami and the City of Miami Beach ("City"), connecting various destinations in the City and on the mainland; and WHEREAS, on January 2012, the City's Marine and Waterfront Protection Authority ("MWPA") discussed this subject and passed a resolution recommending that the City develop a plan for waterborne transportation services within the City and to mainland Miami; and WHEREAS, on July 23, 2014,the City Commission adopted Resolution No.2014-28665, directing the City Administration to prepare an Invitation to Negotiate ("ITN")to seek proposals from qualified firms interested in providing the City with waterborne public transportation services; and WHEREAS, the. ITN resulted in only one (1) responsive and responsible bidder ("Water Taxi Miami, Inc."). As such, the City executed a contract with Water Taxi Miami, Inc. to operate a one (1) year water taxi pilot program from December 30, 2016 to December 30, 2017, at no cost to the City; and WHEREAS, due to its high fares, weekend-only service, and infrequent weekday service, the pilot was not deemed a practical, competitive, reliable, convenient, or financially viable operation and was terminated on December 30,2017; and WHEREAS, on September 8, 2020, Poseidon Ferry LLC("Poseidon")presented a water ferry service operating plan to the MWPA; and Page 1673 of 2497 WHEREAS, Poseidon launched service on November 29, 2020, using a double-deck vessel with an air-conditioned lower deck; and WHEREAS, Poseidon's water taxi service was privately owned and operated, with no public subsidy, from Miami-Dade County, the City of Miami, or the City; and WHEREAS, the service was suspended on December 31, 2022 due to low ridership; and WHEREAS, on March 27, 2023, at the request of Commissioner Steven Meiner, the City Commission referred a discussion (Item C4 0)to the Public Safety and Neighborhood Quality of Life Committee ("PSNQLC") and the Finance and Economic Resiliency Committee ("FERC") to discuss obtaining federal, state and county funding to implement a free water taxi/ferry service program in Miami Beach, to incentivize residents to use water taxis as an alternative mode of transportation; and WHEREAS, during the May 23, 2023 PSNQLC meeting, the Committee discussed this item and passed a motion recommending that the City Administration: (1)study the possibility of developing a new dock, and the various components of such a development, including the cost and possible funding sources for a local match, should any State and Federal grants be available; (2) add a water taxi/ferry service to the City's list of legislative priorities; (3) refer the discussion of the development of a new dock to the Marine and Waterfront Protection Authority and the Transportation, Parking and Bicycle-Pedestrian Facilities Committee to discuss and seek input on the appropriate location for a new dock; and (4) explore the different components of a water ferry program, including evaluating the different approaches to the service operating plans and vessel type/technologies, in anticipation of an issuance of a competitive solicitation for the service; and WHEREAS, on March 27, 2023, at the request of Commissioner David Richardson, the City Commission also referred a discussion(Item C4 N)to the Finance and Economic Resiliency Committee("FERC")to discuss implementing a water taxi/ferry service in the City, and providing a potential subsidy for the program, in an effort to reduce the fares charged to passengers and promote an alternative mode of transportation between Miami Beach and downtown Miami,which discussion item was heard by the FERC on May 24, 2023; and WHEREAS, in preparation for the anticipated issuance of a competitive bidding solicitation for a water ferry service, and following the May 24, 2023 FERC meeting, a companion item is being submitted simultaneously with this agenda item, recommending that the Mayor and City Commission waive, by 517th vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City, and accept the recommendation of the Finance and Economic Resiliency Committee, at its May 24, 2023 meeting, directing the City Administration to (1)negotiate a one(1)year agreement beginning in fiscal year 2024 with Poseidon Ferry, LLC to provide a water taxi service pilot program ("Pilot Program")between Miami Beach and Downtown Miami; (2)identify funding; (3) identify locations where operation will be conducted; and (4)define the City contribution, and fare structure for the Pilot Program; and further requiring that the final agreement be subject to approval by the Mayor and City Commission; and WHEREAS, during the May 24, 2023 FERC meeting, the FERC also directed the Administration to study the possibility of developing a dock in the City of Miami Beach, including identifying funding sources, such as grants; and Page 1674 of 2497 WHEREAS, the Administration recommends that the Mayor and City Commission accept the recommendation of the PSNQLC, to study the process of developing a dock within the City of Miami Beach, as an important component to providing convenient, reliable and affordable water ferry services, which could possibly translate into an alternative mobility option for commuters. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Public Safety and Neighborhood Quality of Life Committee, at its May 23, 2023 meeting, recommending that the City Administration: (1) study the possibility of developing a new dock, and the various components of such a development, including the cost and available funding sources for a local match, should any state and federal grants be available; (2) add water taxi/ferry service to the City's list of legislative priorities; (3)refer the discussion of the development of a new dock to the Marine and Waterfront Protection Authority and the Transportation, Parking and Bicycle-Pedestrian Facilities Committee to discuss and seek input on the appropriate location for a new dock; and(4)explore the different components of a water ferry program, including evaluating the different approachesto the service operating plans and vessel type/technologies, in anticipation of the issuance of a competitive solicitation process for the service. PASSED and ADOPTED this 28th day June, 2023. ATTEST: Dan Gelber, Mayor !U� - 5 202 Ad Rafael E. Granado, City Clerk ,y',, INCORPORATED' stb ''7R 6,,,,,, APPROVED AS TO FORM & LANGUAGE • Sc FOR EXECUTION • City Attomey a?,nit� Do` Page 1675 of 2497 )4'' RESOLUTION NO. 2023-32746 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE TERM SHEET REFLECTING THE ESSENTIAL BUSINESS TERMS OF A PILOT PROGRAM FOR CROSS- BAY PASSENGER WATER TAXI/FERRY SERVICES AT THE PURDY AVENUE DOCK; FURTHER AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AND FINALIZE A ONE-YEAR AGREEMENT WITH POSEIDON FERRY LLC FOR THE PILOT PROGRAM,SAID AGREEMENT TO BE CONSISTENT WITH THE TERMS SET FORTH IN THE TERM SHEET; AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT SUBJECT TO AND CONTINGENT UPON BUDGET APPROPRIATION. WHEREAS, a water taxi is a watercraft that provides public transport service, usually, but not always, in an urban environment; and WHEREAS, aside from being an attraction to tourists who enjoy the scenic cross-bay route, water taxi service can also provide a convenient and reliable alternative mobility option to commuters traveling daily to and from Downtown Miami and Miami Beach; and WHEREAS, on November 29,2020, Poseidon Ferry LLC("Poseidon")launched a cross- bay passenger water taxi/ferry service (the "Prior Service") providing connectivity to and from the Hyatt Regency located at 400 SE 2 Avenue in Downtown Miami and the Bentley Bay Marina located at 520 West Avenue in Miami Beach; and WHEREAS, the Prior Service was privately owned and operated by Poseidon with no public subsidy from Miami-Dade County, the City of Miami, or the City of Miami Beach (the"City") and utilized a double-deck vessel with an air-conditioned lower deck; and WHEREAS, on December 31, 2022, Poseidon suspended the Prior Service due to low ridership and concerns with the long-term feasibility of the service given the lack of a public subsidy; and WHEREAS,on June 28,2023,the City Commission adopted Resolution No. 2023-32644, waiving, by 5/7th vote, the formal competitive bidding requirement in Section 2-367(e)of the City Code,finding such waiver to be in the best interest of the City, and accepting the recommendation of the Finance and Economic Resiliency Committee, at its May 24, 2023 meeting, directing the City Administration to (1) negotiate a one(1)year agreement beginning in fiscal year("FY")2024 with Poseidon Ferry, LLC to provide a cross-bay passenger water taxi/ferry service pilot program ("Pilot Program") between Miami Beach and Downtown Miami; (2)identify funding for a potential 'operating subsidy; (3)identify locations where operation will be conducted; and (4)define the City contribution, and fare structure for the Pilot Program and WHEREAS,the implementation of the Pilot Program contingent upon 1)City Commission approval of a budget enhancement in the proposed FY 2024 operating budget in the amount of $600,000, to fund a subsidy representing approximately 50% of the annual operation and maintenance costs of the proposed water taxi/ferry service based on Poseidon's business model and 2) Poseidon securing all necessary permits and licenses for operating water taxi/ferry operations associated with the Pilot Program; and Page 1676 of 2497 WHEREAS, the Agreement with Poseidon for the Pilot Program shall include the terms set forth in the Term Sheet attached as Attachment D to the Memorandum accompanying this Resolution (the"Term Sheet"); and WHEREAS, notwithstanding anything to the contrary in Resolution No. 2023-32644, the Mayor and City Commission desire to approve the Term Sheet and authorize the City Manager to execute the final agreement consistent therewith. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby approve the Term Sheet attached as Exhibit D to the Memorandum accompanying this Resolution reflecting the essential business terms of a pilot program for cross- bay passenger water taxi/ferry services at the Purdy Avenue dock; and further authorize the Administration to negotiate and finalize a one-year agreement with Poseidon Ferry, LLC for the pilot program, said agreement to be consistent with the terms set forth in the Term Sheet; and further authorize the City Manager and City Clerk to execute the final negotiated agreement subject to and contingent upon budget appropriation. PASSED and ADOPTED this 13th day September, 2023. ATTEST: 72:il SEP 2 0 2023 Dan Gelber, Mayor Rafael E. Granado, City ClerkAPPROVED As TO ' FORM&LANGUAGE `:., &FOR EXECUTION 9/5/2023 Atsamay,.G Jr A.ED' a� Page 1677 of 2497 Resolutions-CTX MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Alina T. Hudak,City Manager DATE: September 13,2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE TERM SHEET REFLECTING THE ESSENTIAL BUSINESS TERMS OF A PILOT PROGRAM FOR CROSS-BAY PASSENGER WATER TAXI/FERRY SERVICES AT THE PURDY AVENUE DOCK; FURTHER AUTHORIZING THE ADMINISTRATION TO NEGOTIATE AND FINALIZE A ONE-YEAR AGREEMENT WITH POSEIDON FERRY LLC FOR THE PILOT PROGRAM, SAID AGREEMENT TO BE CONSISTENT WITH THE TERMS SET FORTH IN THE TERM SHEET: AND FURTHER, AUTHORIZING THE CITY MANAGER AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT SUBJECT TO AND CONTINGENT UPON BUDGET - - - -- -- - —APPROPRIATION- RECOMMENDATION The Administration recommends that the Mayor and City Commission ("City Commission") approve the Resolution. BACKGROUND/HISTORY A water taxi is a watercraft that provides public transport service, often in an urban erwironmernt. The service may be foxed schedule/fixed route with multiple stops, operating similarly to a bus, or on-demand to many locations, operating similarly to a taxi.Aside from being an attraction to tourists who enjoy the scenic cross-bay route, water taxi service can also provide a convenient t and reliable alternative mobility option to commuters traveling daily to and from Downtown Miami and Miami Beach. (r` (S On November 29, 2020, Poseidon Ferry LLC ("Poseidon") launched a cross-bay passenger water taxiferry service providing connectivity to and from the Hyatt Regency located at 400 SE 2 Avenue in Downtown Miami and the Bentley Bay Marina located at 520 West Avenue in Miami Beach, where the water taxi connected to the County's MetroMover system and the South Beach Trolley service, respectively.The water taxi service wes privately owned and operated by Poseidon with no pubic subsidy from Miami-Dade County, the City of Miami, or the City of Miami Beach ("City') and utilized a double-deck vessel with an air-conditioned lower deck. Service commencement was shared with the City Commission via LTC No. 422-2020 (Attachment A). Poseidon suspended the service route on December 31, 2022 due to low Page 1149 of 2938 Page 1678 of 2497 ridership and concerns with the long-term feasibility of the service given the lack of a public subsidy. It is worth noting that many water taxilferry services currently in operation around the %odd rely on pubic subsidies for service longevity, similar to most public transit systems around the world. On June 28, 2023, the City Commission adopted Resolution No.2023-32644 (Attachment B), waiving, by 5/7th vote, the formal competitive bidding requirement in Section 2-367(e) of the City Code, finding such waiver to be in the best interest of the City, and accepting the recommendation of the Finance and Economic Resiliency Committee, at its May 24, 2023 meeting, directing the City Administration to(1)negotiate a one(1)year agreement beginning in fiscal year ("FY") 2024 with Poseidon Ferry, LLC to provide a cross-bay passenger water taxi/ferry service pilot program ("Pilot Program') between Miami Beach and Downtown Miami; (2)identify funding for&potential operating subsidy,(3)identify locations where operation will be conducted; and (4) define the City contribution, and fare structure for the Pilot Program; and further requiring that the final agreement be subject to approval by the Mayor and City Commission. ANALYSIS The implementation of the Pilot Program is contingent upon 1)City Commission approval of a budget enhancement in the proposed FY 2024 operating budget in the amount of$600,000, to fund a subsidy representing approximately 50%of the annual operation and maintenance costs of the proposed water taxi/ferry service based on Poseidon's business model and 2)Poseidon securing all necessary permits and licenses for water taxi/ferry operations associated with the Pilot Program. Attachment C depicts the service plan for the proposed Pilot Program. The agreement with Poseidon for the Pilot Program ('Agreernerht") shall include, at a minimum, the essential business terms reflected inAttachmert D to this Memorandum,as well as such other provisions as are customarily included in City agreements of this nature, subject to good faith negotiations. SUPPORTING SURVEY DATA According to the 2022 Miami Beach Community Survey, 84.3% of residents use a car as their primary mode of transportation for trips to the mainland. FINANCIAL INFORMATION The cost associated with subsidizing 50%of the annual operation and maintenance costs of the plot cross-bay wader taxiMerry service (based on Poseidon's business model) is approximately $600,000. This cost has been proposed as a FY 2024 operating budget enhancement for consideration by the City Commission. c e,s Amount(syAccount(s): N/A CONCLUSION The Pilot Program with Poseidon represents a strategic step forward in addressing the Citys regional multimodal transportation needs. Leveraging the lessons teamed from past initiatives and the insights gained from Poseidon's previous service, the key terms outlined above encompass key operational aspects such as schedules, fares, and compliance, aiming to Page 1150 of 2938 Page 1679 of 2497 establish a reliable and convenient water taxilfery service throughout the one-year duration of the Pilot Program. While contingent upon budget approval and securing necessary permits, the Pilot Program aligns with the City's goal to be less car-centric as well as the Administration's commitment to innovative and sustainable mobility solutions. Should the City Commission approve this Resolution, and the associated proposed FY 2024 operating budget enhancement via separate Resolution, the Administration will work with Poseidon to finalize the terms and execute the Agreement for the commencement of the Pilot Program on an expeditious basis. Applicable Area Middle Beach Is this a"Residents Right Does this item utilize G.O. to Know" item,pursuant to Bond Funds? City Code Section 2-14? No No Strategic Connection Mobility-increase multi-modal mobility citywide and connectivity regionally. Legislative Tracking Transportation and Mobility Sponsor Vice-Mayor David Richardson ATTACHMENTS: Description o Attachment A-LTC No. 422-2020 o Attachment B - Resolution 2023-32644 o Attachment C -Water Taxi Pilot Service Plan o Attachment 0 -Water Taxi Pilot Term Sheet o Resolution Page 1151 of 2938 Page 1680 of 2497 boa Sian Envelope Itr 911089F9-888D-473F-A52C-FD86CA112858E • ' t An "\BEACH OFFICE OF THE CITY MANAGER NO LTC# 422-2020 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales, City Manager °i"""""r. 5%14 itteral'„t s DATE: November 25,2020 SUBJECT: Commuter Waterborne Transportation Service by Poseidon Ferry LLC The purpose of this LTC is to inform the City Commission of Poseidon Ferry LLC's launch of commuter water ferry service between Miami Beach and downtown Miami anticipated for November 29,2020, using a double deck vessel with an air-conditioned lower deck. The service is privately owned and operated with no public subsidy from Miami-Dade County,City of Miami,or City of Miami Beach. The service is intended to cater to commuters during morning and afternoon peak periods both on weekdays and weekends and the proposed commuter fare structure is competitive with current public transit fares(fa/passenger each way). The service is scheduled to operate 7 days a week from approximately 6am-10pm Monday through Thursday,and Gam-bpm Friday through Sunday with as many as 16 scheduled hourly departures from Miami Beach each day. The established pick-up and drop-off locations are the Bentley Bay Condominium marina in South Beach and the Hyatt Regency/James L. Knight Center marina in downtown Miami in proximity to the Knight Center Metromover station. Poseidon is planning to add a second vessel in early 2021 which would double the number of departures and provide a service frequency of approximately 30 minutes. In Miami Beach, Poseidon explored various docking locations within and in proximity to the Miami Beach Manna. Unfortunately, after almost a year of coordinating with the Miami Beach Marina management, Poseidon was unable to secure docking rights at the marina. As an alternative, Poseidon secured the Bentley Bay marina for vessel operation and retail space within the building for a ticket office and passenger waiting area with restrooms. Poseidon presented its proposed water ferry service operating plan to the City's Marine and Waterfront Protection Authority(MWPA)on September 8.2020 and responded to questions from board members and the public. The water ferry item was continued by the MWPA to December 2020 to provide Poseidon time to secure the required permits and approvals. The proposed service has received mixed feedback from some residents of the Bentley Bay Condominium:and Poseidon is working closely with the Bentley Bay Condominium Association to address any outstanding concerns with the upcoming service.In the meanwhile.Poseidon has secured Florida Department of Environmental Protection(FDEP)approval to use the existing dock at the Bentley Bay marina on a temporary basis while the lease with the Bentley Bay marina is amended to allow Page 1152 of 2938 Page 1681 of 2497 DocuSign Envelope ID:911089F9-8e8p-473F-A52C-FDli6CA82658E L rc-Commuter waterborne transporretton gyms by Poseidon November 25,2020 for permanent use of the dock. Poseidon will present its operating plan to MWPA in December. In addition to the commuter ferry service, Poseidon is pursuing sightseeing and music cruises to subsidize the commuter service. Based on information received from the County and Poseidon, these recreational services will operate only on the City of Miami side and will not be arriving at or departing from the Bentley Bay marina. It Is Important to note that the City has no role in this private venture other than the ministerial function of Issuing a BTR once Poseidon has secured all required approvals. As a condition of the issuance of its BTR, Poseidon agrees to follow all applicable federal, state. and local laws,in addition to strictly adhering to those conditions set forth in its BTR and incl;ided in Acknowledgment Letter. The Intent of the Acknowledgment Letter is to ensure that Poseidon's ferry service operation provides for a high level of safety and security of ferry passengers and does not adversely affect the quality of life of residents in the area (Attachment A). From the standpoint of transit connectivity and parking, the Bentley Bay marina is strategically located as it is in close proximity to the South Beach Trolley service. County regional bus service, and the Alton Road/5m Street parking garage which can serve as a park-and-ride facility for the proposed ferry service. The proposed service aligns with City Commission Resolution No. 2019-30757 (Attachment B) which recommends that the Administration pursue strategies to help mitigate traffic impacts and ensure mobility for residents, visitors, and workforce employees during the construction of the Florida Department of Transportation(FOOT) 1-395 Signature Bridge project and other active and planned FOOT roadway projects in and around the City. Should you have any questions, please feel free to contact me. Attachment A: Acknowledgment Letter At are 4 Iklation No. 2019-30757 � { sic lk JLM/ATI-l/JRGJMM WK/bmin uie J••.w.•<o.JrrnwW...:n...•,+soral.r.nMuniljor/7oce...•rsAvdo•own/oq.00. /.retl.'; . w.Nroaw I,••,con•tb. I. er Porte-. \a..-e.mT.cse • Page 1153 of 2938 Page 1682 of 2497 DowSign Envelope ID VI1089F9-88130-473F-A52C-FD86CA8265IE Attachment A BEACH City of Miami South,1700 Conv.rlon Center 7r ve,MOM 3eoc1/2,Fbnaa 33139.www.miarr,becciII go" OFF CE O1- THE CITY ATTORNEY Ter.305-673-7470 Fax 305.673.7002 November 25, 2020 Poseidon Ferry, LLC 400 SE 2'd Avenue Miami, FL 33131 Dear Sir or Madam: This correspondence shall serve as an acknowledgment of those conditions included in the Business Tax Receipt ("BTR") issued by the City of Miami Beach, Flonda ('City") to Poseidon Ferry, LLC ('Poseidon"), a Foreign Limited Liability Company, authorized to do business in the State of Florida,and the City of Miami Beach, Florida. Poseidon operates a privately owned water ferry commuter service between Miami Beach (Bentley Bay Marina) and downtown Miami.As a condition of the issuance of its BTR, Poseidon agrees to follow all applicable federal,state,and local laws(in addition to strictly adhering to those conditions set forth in its BTR)in order to operate within the City's jurisdictional limits. Consequently, the failure of Poseidon to comply with any of the conditions set forth below (and as set forth in its BTR)will result in the City issuing a notice of violation to Poseidon, which shall be subject to those enhanced penalties for any violation(s) of same, and may result in a suspension and/or revocation of Poseidon's BTR. 1) Permits: a) Poseidon shall secure all necessary approvals and permits for operation of such water ferry service from all applicable agencies involved and shall maintain all permits in active status and good standing. 2) Safety and security. a) Poseidon shall provide security personnel on the ferry at all times during operational hours; b) Poseidon shall provide shore side personnel at all times during operational hours to assist with securing the vessel, along with assisting and guiding passengers; c) Poseidon shall ensure passenger queuing lines are closely monitored and shall not obstruct pedestrian pathways along the public right-of-way. 3) Noise: a) Poseidon shall comply with applicable State and local noise ordinances at all times. 4) Signage: a) Poseidon shall install adequate directional signage for passengers upon Bentley Bay Marina's property and/or the City's right-of-way. Prior to the installation of any signage on the City's'right-of-way, Poseidon must seek and obtain written approval from the City. Page 1 of 2 Page 1154 of 2938 Page 1683 of 2497 DocuSgn Envelope ID 911OB9F9-3S8O-173F•A52C-FD86CA82658E 5) Operation: a) Poseidon shall communicate any changes in operating plan to the City's Transportation and Mobility Department; b) Poseidon shall report passenger statistics(number of persons boarding in Miami Beach and the City of Miami respectively)to the City's Transportation and Mobility Department on a monthly basis. It is expressly agreed that nothing contained herein shall operate as a waiver or limitation of any rights or remedies afforded to the City, whether conferred by this acknowledgment or pursuant to law. CITY OF MIAMI BEACH, FLORIDA POSEIDON FERRY, LLC D c,5io rde +k it4drriaBY By: DM EST Jimmy L. Morales Print Name: City Manager Title. CITY OF MIAMI BEACH POSEIDON FERRY, LLC 1700 Convention Center Drive,4th Floor 400 SE 2nd Avenue Miami Beach, Florida 33139 Miami, FL 33131 woe os ros fif; itt • ATH//JRGIMM Page 2 ofl • Page 1155 of 2938 Page 1684 of 2497 DacuSgn Envelope ID 91:3B9F9•BB8D 473F-A52C-FD86CAS265EE Attachment B RESOLUTION NO. 2018-30767 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE POTENTIAL TRAFFIC MITIGATION STRATEGIES RECOMMENDED BY THE CITY ADMINISTRATION, RECOMMENDING THAT THE ADMINISTRATION WORK WITH MIAMI-DADE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DEPLOY THE POTENTIAL TRAFFIC MITIGATION STRATEGIES TO HELP REDUCE THE TRAFFIC IMPACTS OF THE "CONNECTING MIAMI" CONSTRUCTION PROJECT ON THE RESIDENTS, VISITORS, AND WORKFORCE OF THE CITY OF MIAMI BEACH; AND, REFERRING THE ITEM TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO MONITOR PROGRESS ON THE ISSUE AND DISCUSS RESULTS AND IMPACTS. WHEREAS, the I-395/SR 838/1-95 Project ("Connecting Miami") is a partnership between the Florida Department of Transportation (FDOT) and the Miami-Dade Expressway Authority(MDX),with construction limits on State Road(SR)836 beginning at NW 17 Avenue and continuing through the SR 836/1-39511-95(Midtown)Interchange to the MacArthur Causeway Bridge;and WHEREAS,the Connecting Miami Project commenced in Summer 2018 and is anticipated to be completed by Fall 2023; and WHEREAS, traffic impacts during the multi-year construction project due to multiple and continuous lane and ramp closures and detours along 1-95, SR 836, and 1-395 are expected to adversely affect mobility for Miami Beach residents, visitors, and workforce employees;and WHEREAS, the City Administration recommends that various traffic mitigation strategies be explored and deployed, in collaboration with FOOT and Miami-Dade County, to reduce the impact of the construction of this major project on the Miami Beach community; and WHEREAS, the traffic mitigation strategies to be explored should include, but not be limited to, the following: 1. Accelerate the implementation of the Beach Express North Bus Express Rapid Transit (BERT) Demonstration Service and Route 150 (Airport Express)modifications 2. Enhance service of the County Route "A" 3. Explore waiving tolls on the Venetian Causeway 4. Explore waterborne transportation service connecting Downtown Miami and Miami Beach;and Page 1156 of 2938 Page 1685 of 2497 DocuSgn Envelope ID 911089F943B8D473F-A52C-FD86CA82658E WHEREAS, the City Commission deems it advisable to refer this item to the Finance and Citywide Projects Committee to monitor the Connecting Miami Project and discuss results and impacts. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve the potential traffic mitigation strategies recommended by the Administration, recommend that the Administration work with Miami-Dade County and the Florida Department of Transportation to deploy the potential traffic mitigation strategies to help reduce the impact on mobility from the construction of the Connecting Miami Project on the residents, visitors, and workforce of the City of Miami Beach, and refer the item to the Finance and Citywide Projects Committee to monitor progress on the issue and discuss results and impacts. PASSED and ADOPTED this 13$1 day of March,2019. ATTEST: Dan Gelber,Mayor R .Gra o, C Perk APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION (.9 S— j-5-.t1 CirAtf w • T. ,ENID1112019 O3 Mi MMv+»ottatirnntReaaut n Tnfle Y* li �1 . . B . F'9y'''s INCOR' •RATED, 4, . ' CCN 2616 t1j.1, Page 1157 of 2938 Page 1686 of 2497 DowSign Envelope ID 911099F9.888D-473F-A52C-FD88CA82658E ResoyuUons_-R7 G MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: March 13,2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE POTENTIAL TRAFFIC MITIGATION STRATEGIES RECOMMENDED BY THE CITY ADMINISTRATION, RECOMMENDING THAT THE ADMINISTRATION • WORK WITH MIAMI-DADE COUNTYAND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DEPLOY THE POTENTIAL TRAFFIC MITIGATION STRATEGIES TO HELP REDUCE THE TRAFFIC IMPACTS OF THE "CONNECTING MIAMI" CONSTRUCTION PROJECT ON THE RESIDENTS, VISITORS, AND WORKFORCE OF THE CITY OF MIAMI BEACH; AND, REFERRING THE ITEM TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO MONITOR PROGRESS ON THE ISSUE AND DISCUSS RESULTS AND IMPACTS. RECOMMENDATION The Administration recommends that the Mayor and City Commission approve the Resolution. BACKGROUND The 1-395/SR 836/1-95 Project ("Connecting Miami") is a partnership between the Florida Department of Transportation (FDOT)and the Miami-Dade Expressway Authority(MDX), with construction limits on State Road (SR)836 beginning at NW 17 Avenue and continuing through the SR 838/1-395/i-95(Midtown) Interchange to the MacArthur Causeway Bridge.The limits on 1-95 are from NW 8 Street to NW 29 Street Enhancements along 1-395 are from the SR 83611-95/1-395 (Midtown) Interchange to the MacArthur Causeway, approximately 1.4 miles long.The project will completely reconstruct the existing facility and create a signature bridge that will span 1,025 feet over NE 2 Avenue and SR5/Blscayne Boulevard,redefining the Miami skyline with Its six sweeping aches. The project will create additional capacity on 1-395 with a total of three(3)through lanes in each direction and provide separate connector ramps for traffic to and from 1-95. The existing 1-395 eastbound off-ramps at NE 2 Avenue will be moved west to North Miami Avenue, and the westbound on-ramps at NE 1 Avenue will be shifted to the west of North Miami Avenue. NW 2 Avenue will also be reconnected under 1-395.providing residents greater access. Page 1263 of 1418 Page 1158 of 2938 Page 1687 of 2497 DowSi n Envelope ID 911QB9F9-68ED-173F-A52C•FDR6CA82655E Mobility will be enhanced for residents, commuters and tourists by increasing capacity on SR 836, 1.95 and 1-395.SR 836 will be double-decked to allow for a direct connection between SR 836 and 1-395. The Connecting Miami Project commenced in Summer 2018 and is anticipated to be completed by Fall 2023. Traffic impacts during the multi-year construction project due to multiple and continuous lane/ramp closures and detours along 1-95, SR 836, and 1-395 are expected to adversely affect mobility for Miami Beach residents, visitors, and workforce employees. As an example, over the three (3) year period that the FDOT Mon Road Reconstruction Project from 5 Street to Michigan Avenue was under construction (from April 2013 to March 2016), average daily traffic volumes on the MacArtlxxr Causeway decreased by approximately 9%as compared to pre-construction volumes. In contrast,average daily traffic volumes on the Jutta Tuttle Causeway increased by approximately 1%(essentially,over 10,000 additional vehicles per day on the already congested Julia Tuttle Causeway. This magnitude of traffic diversion from one major arterial to another as a result of a major roadway reconstruction orojectls not uncommon as these types of projects are_known to : i •.'' ::p: : 1✓.:.' t If '1 4.n : Its 1! •:1:1 1'11•.b1:I 1 • i/! •14 1 1•1 • ! •Il % permanently even after construction la over. ANALYSIS The City of Miami Beach is concerned with the potential effects of the multi-year construction of the Connecting Miami Project and recommends that various traffic mitigation strategies be explored and deployed to ensure mobility for residents, visitors, and workforce employees during the construction of this major project. The traffic mitigation strategies to be explored should include, but not be limited to, the following: 1. Accelerate the Implementation of the Beach Express North Bus Express Rapid Transit (BERT)Demonstration Service or Route 150(Airport Express)Modifications. The Miami-Dade County Strategic Miami Area Rapid Transit (SMART) Plan contains six (6) Rapid Transit Corridors and rine (9) Bus Express Rapid Transit (BERT) routes for Miami- Dade County. BERT service consists of enhanced branded buses operating limited stop service on shoulders or dedicated transit lanes,where feasible,to reduce travel time and help ensure service schedule reliabllity. Advancing the BERT routes to Miami Beach could help mitigate the impacts of the Correcting Miami projects. ' Them are three (3)BERT routes that are proposed to connect the mainland to Miami Beach. The Beach Express North BERT route will run from Golden Glades Multimodal Center to the Miami Beach City Center area via the Julia Tuttle Causeway. The Beach Express Central BERT route will run from the Miami Civic Center/Health District complex to the Miami Beach City Center area via the Julia Tittle Causeway. The Beach Express South BERT route will run from Downtown Miami to the Miami Beach City Center area via the MacArthur Causewray. Page 1264 of 1416 Page 1159 of 2938 Page 1688 of 2497 DocuSgn EnvctOpO ID 911089P9-88e -473F-A52C-W86CAE2858E Via a Resolution of the City Commission, the City of Miami Beach allocated funding in the amount of $5.1 million for a 3-year Beach Express North BERT demonstration service using the shoulders of the Julia Tuttle Causeway The Citys contribution is equally matched by FOOT funds for the demonstration service. As of December 5, 2018, FOOT has programmed funds for the design and construction of the ktside shoulders modifications needed to operate the BERT service on the Julia Tuttle Causeway by 2022. A goal of all parties is to work towed implementation prior to the estimated 2022 completion date. Additionally, the Administration is woridng with the County to potentially modify existing bus routes (such as the Airport Express (Route 150)) to provide a connection to the Eartington Heights Motorail station(providing access to commuters from northwest Miami-Dade and west Broweid)and stop at Mt.Sinai and Fontainebleau,as an Interim service enhancement. The goal is to implement the interim service as part of the Countys new service line-up in November 2019. Advancing a modified Route 150 could also help mitigate the traffic impacts of the Connecting Miami Project. 2. Enhance service of the County Route"A' The original Route A operated along the Venetian Causeway connecting Omni Station in Miami and Washington Avenue/Uncoln Road area in Miami Beach. As a result of weight restrictions imposed by the County on the Venetian Causeway bridges in 2014, the route and service plan was modified and currently consists of limited service between Omni Station and Sunset Harbour using smaller vehicles (cutaways), operating on a limited schedule of 7.5 hours per day(7:00AM to 9:32AM and 2:00PM to 8:52PM). On a long term basis, the County's plan is to reestablish the original Route A service plan when ail the Venetian Causeway bridges are reconstructed and allow for operation of regular bus service. In the meanwhile,the County does not have any plans for enhancing the current service. Route A service enhancement was most recently discussed by the City Commission in February 2018 and a Resolution was adopted by the City Commission urging Miami-Dade County to reinstate, at no cost to the City of Miami Beach, the original Route A service plan; however, no service improvements have been made by the County. Enhancing the Route A service couid be a potential traffic mitigation strategy. Based on an previous analysis conducted by staff in coordination with the County, the incremental cost of restoring the original Route A service plan would be approdmately $230.000/year for approximately 11 burs of service per day from Monday to Sunday. 3.Explore waiving tolls on the Venetian Causeway Doing previous construction projects on the City's causeways,at the request of the City, Miami- Dade County has waived toll collection along the Venetian Causeway. This initiative has been put Into effect to improve capacity and mobility between Miami Beach and the mainland. Waiving tolls on the Venetian Causeway can assist in reducing traffic demand on the.MacArltxr Causeway which will be affected by the Connecting Miami Project. Further,this Initiative could help balance traffic volumes along the other causeways into the City and reduce the overall Page 1285 of 1418 Page 1180 of 2938 Page 1689 of 2497 DoaStgn Envelope 10 9111189F9-B880.473F•A52C-g D86CA82658E impact of the project. This measure would require prior approval by the Miami-Dade Board of Courtly Commissioners, thus, coordination with Miami-Dade County would be required if this option is explored. 4. Explore waterborne transportation service connecting Downtown Miami and Miami Beach The City's most recent solicitation for waterbome transportation services was issued in 2014 and resulted In only one (1) operator (Water Tad Miami, inc.) submitting a bid and ultimately operating a one (1) year water taxi pilot program from December 30, 2016 to December 30, 2017, connecting the Purdy Avenue Dock, Sea Isle Marina, Bayside Marketplace, and Aiiaml Beach Marina. The original solicitation stipulated that the water taxi services shall be provided at no cost to the City and for the operator to provide necessary infrastructure for the safe operation, including docking facility,of the service. The water ted pilot program with Water Taxi Miami was terminated on December 30, 2017 and for various reasons, the pilot was not deemed to be a practical,competitive,reliable,convenient,or financially viable operation. A temporary water taxi service operating between Miami and Miami Beach could potentially help mitigate the traffic impacts of the Connecting Miami Project. The same docks used during the City's previous water taxi pilot program could be used for the temporary service. Establishing a reliable water taxi service,albeit as a temporary traffic mitigation strategy,would likely require an operating subsidy. Moreover, given a water taxi service would need to connect the cities of Miami Beach and Miami, It is recommended that this option be explored in collaboration with Miami-Dade County and current water taxi operators. ActiveYhdlocreirefftGlicnittobrig.and_Man As part of the Connecting Miami Project F DOT wgl deploy Active Work Zone Traffic Monitoring and Management services along the affected project corridors. This initiative consists of deploying cameras to monitor traffic conditions, wi filBluetooth devices to gauge travel time, Variable Message Signs to disseminate real-time information on closures and incidents to the motoring public, and Road Rangers to help clear incidents blocking travel lanes. This effort will be managed by FOOT SunGuide Traffic Management Center and the same contractor that has been providing Traffic Monitoring and Management Services for the City of Miami Beach for over 4 years. This initiative was utilized during the Mon Road Reconstruction Project between 5 Street and N. Michigan Avenue and proved to be successful in reducing some of the congestion created by the lane closures and detours. The implementation of Active Work Zone Traffic Monitoring and Management for the FOOT Connecting Miami Project would extend the capabilities of the City's current Traffic Monitoring and Management effort and planned intelligent Transportation System and Smart Parldng System Project by pnhatcing the sharing of real-time traffic information, traffic data, incident information, and other relevant items to assist in managing congestion and help reduce spill-back onto City roads. CONCLUSiON The construction of the $800 million Connecting Miami Project currently being undertaken in a partnership between FOOT and MDX is expected to have a significant impact on mobility for Page 1 266 of 1418 Page 1161 of 2938 Page 1690 of 2497 DocuSign Envelope ID 911089F9-888D-473F•A52C-F086CA82658E Miami Beach residorits. visitors,and workforce employees due to multi-year lane closures,ramp closures,end detours on 1-95, 1-395,and SR 836. The City Is concerned with the anticipated impacts to mobility during project construction end believes that the Implementation of traffic mitigation strategies In collaboration with FOOT and the County is essential to reduce the impact of the project on the Miami Beach community. KEY IN ENDEP QUTCQMES SUPPORTED Ensure Comprehensive Mobility Addressing NI Modes Throughout The City Leglslative Traddng Transportation Sponsor Commissioner Mark Samueiian AUACBMENTS: Description o Resolution • • Page 1287 of 1418 Page 1162 of 2938 Page 1691 of 2497 RESOLUTION NO: 2023-32844 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF MIAMI BEACH FLORIDA,WAIVING, BY 5f7TH VOTE,THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-367(E) OF THE CITY CODE, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY,AND ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS MAY 24, 2023 MEETING, DIRECTING THE CITY ADMINISTRATION TO (1) NEGOTIATE A ONE (1) YEAR AGREEMENT BEGINNING IN FISCAL YEAR 2024 WITH POSEIDON FERRY, LLC TO PROVIDE A WATER TAXI SERVICE PILOT PROGRAM ("PILOT PROGRAM") BETWEEN MIAMI BEACH AND DOWNTOWN MIAMI; (2) IDENTIFY FUNDING;(3) IDENTIFY LOCATIONS WHERE OPERATION WILL BE CONDUCTED; AND(4) DEFINE THE CITY CONTRIBUTION,AND FARE STRUCTURE FOR THE PILOT PROGRAM; AND FURTHER REQUIRING THAT THE FINAL AGREEMENT BE SUBJECT TO APPROVAL BY THE MAYOR AND CITY COMMISSION. WHEREAS, a water taxi is a watercraft that provides public transport service, usually, but not always,in an urban environment; and WHEREAS, aside from being an attraction to tourists who enjoy the scenic cross-bay route, more importantly,water taxi service can also provide a convenient and reliable alternative mobility option to commuters traveling daily to and from Downtown Miami and the City of Miami Beach('City'), connecting various destinations in the City and on the mainland; and WHEREAS, on January 2012, the City's Marine and Waterfront Protection Authority ('MWPA')discussed this subject and passed a resolution recommending that the City develop a plan for waterborne transportation services within the City and to mainland Miami; and WHEREAS,on July 23,2014, the City Commission adopted Resolution No. 2014-28665 directing the City Administration to prepare an Invitation to Negotiate (ITN')to seek proposals from qualified firms interested in providing the City with waterbome public transportation services; and WHEREAS, the ITN resulted in only one (1) responsive and responsible bidder, Water Taxi Miami, Inc.; and WHEREAS, the City executed a contract with Water Taxi Miami, Inc. to operate a one (1)year water taxi pilot program from December 30, 2018 to December 30, 2017.at no cost to the City,and WHEREAS,due to its high fares,weekend-only service,and infrequent weekday service, the pilot was not deemed a practical, competitive, reliable, convenient, or financially viable • operation and was terminated on December 30, 2017;and WHEREAS,on September 8,2020, Poseidon Ferry LLC('Poseidon')presented a water ferry service operating plan to the City's Marine and Waterfront Protection Authority (MWPA); and Page 1163 of 2938 Page 1692 of 2497 WHEREAS, Poseidon launched service on November 29, 2020, using a double-deck vessel with an air-conditioned lower deck;and WHEREAS, Poseidon's water taxi service was privately owned and operated, with no public subsidy from Miami-Dade County,the City of Miami, or the City; and WHEREAS, the service was suspended on December 31,2022 due to low ridership; and WHEREAS, on March 27, 2023, at the request of Commissioner David Richardson, the City Commission referred a discussion (Item C4 N) to the Finance and Economic Resiliency Committee('FERC)to discuss implementing a water taxi/ferry service in the City, and providing a potential subsidy for the program, in an effort to reduce the fares charged to passengers and promote an alternative mode of transportation between Miami Beach and downtown Miami; and WHEREAS, Poseidon represented that the net annual operating and maintenance cost of the service was approximately $600,000.00 per year for one (1) vessel operating seven (7) days a week at a service frequency of one (1) hour from Sunday to Friday (from 7:30 a.m. to 7:30 p.m.)and limited departures on Saturday;and WHEREAS, during the May 24, 2023 FERC meeting, the Committee discussed the item and passed a motion, recommending a waiver of the formal competitive bidding process, If required to do so,and directing the Administration to:(1)proceed with negotiating a one-year pilot program with Poseidon, commencing during FY 2024, Including related contract terms, such as identifying the locations where the operations would be conducted, the final City contribution toward the operation of the program,and the fare structure for use of the services;and WHEREAS, on March 27, 2023, at the request of Commissioner Steven Meiner,the City Commission referred a discussion (item C4 0)to the Public Safety and Neighborhood Quality of Life Committee CPSNQLC")and the Finance and Economic Resiliency Committee ('FERC)•to discuss obtaining federal, state and county funding to implement a free water taxi/ferry service program in Miami Beach, to incentivize residents to use water taxis as an alternative mode of transportation;and - WHEREAS, following the May 23, 2023 PSNQLC meeting, the Administration is submitting a companion agenda item, recommending that the City Administration: (1)study the possibility of developing a new dock, and the various components of such a development, including the cost and possible funding sources for a local match, should any State and Federal grants be available; (2)add a water taxi/ferry service to the City's list of legislative priorities; (3) refer the discussion of the development of a new dock to the Marine and Waterfront Protection Authority and the Transportation,Parking and Bicycle-Pedestrian Facilities Committee to discuss and seek input on the appropriate location for a new dock; and (4) explore the different components of a water ferry program,Including evaluating the different approaches to the service operating plans and vessel type/technologies, In anticipation of an issuance of a competitive solicitation for the service; and WHEREAS, based upon the foregoing,and in preparation for the anticipated issuance of a competitive bidding solicitation for a water ferry service,the City Manager recommends waiving, by 5/it vote, the formal competitive bidding requirement in Section 2-367(e)of the City Code, finding such waiver to be in the best interest of the City, and accepting the recommendation of the FERC, at its May 24, 2023 meeting,to utilize FY 2024 funds and negotiate a one-year pilot program with Poseidon. Page 1164 of 2938 Page 1693 of 2497 NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby waive, by 517th vote, the formal competitive bidding requirement in Section 2-367(e)of the City Code, finding such waiver to be in the best interest of the City, and accept the recommendation of the Finance and Economic Resiliency Committee, at its May 24, 2023 meeting, directing the City Administration to(1)negotiate a one(1)year agreement beginning in fiscal year 2024 with Poseidon Ferry, LLC to provide a water taxi service pilot program ("Pilot Program")between Miami Beach and Downtown Miami:(2)identify funding;(3)identify locations where operation will be conducted; and(4)define the City contribution,and fare structure for the • Pilot Program; and further require that the final agreement be subject to approval by the Mayor and City Commission. PASSED and ADOPTED this 28th day June, 2023. ATTEST: Dan Gelber, Mayor JUL - 52023 Rafael E. Granado, City Clerk .�s.', ;INC0R?90AATE0 l,T tiy,t•_ , eH.26 APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION cry Attorney {�� �+ Page 1165 of 2938 �1 Page 1694 of 2497 Resolutions-C7 R MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission F ROM: Aline T.Hudak,City Manager DATE: June 28,2023 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA,ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS MAY 24, 2023 MEETING,WAIVING THE FORMAL COMPETITIVE BIDDING REQUIREMENT IN SECTION 2-387(E) AND DIRECTING THE CITY ADMINISTRATION TO (1) NEGOTIATE A ONE (1) YEAR AGREEMENT BEGINNING IN FISCAL YEAR 2024 WITH POSEIDON, LLC TO PROVIDE A WATER TAXI SERVICE PILOT PROGRAM (PILOT PROGRAM-) BETWEEN MIAMI BEACH AND DOWNTOWN MIAMI; (2) IDENTIFY FUNDING; (3) IDENTIFY LOCATIONS WHERE OPERATION WILL BE CONDUCTED; AND (4) DEFINE THE CITY CONTRIBUTION, AND FARE STRUCTURE FOR THE PILOT PROGRAM. RECOMMENDATION The Administration recommends that the Mayor and City Commission ('City Commission') approve the Resolution. BACKGROUND/HISTORY A water ta,d is a watercraft that provides public transport service, usually,but not always,in an urban environment.The service may be fbaed achedu I&fuaed route with muitipie stops,operating sirnilerty to a bus,or on-demend to rrrarry locations,operating similarly to a trod.Aside from being an attraction to tourists who enjoy the scenic cross-bay route,more Importantly,water taxi service can also provide a convenient end reliable alternative mobility option to commuters traveling daily to and from Downtown Mtamt and the City of Miami Beech (City"), connecting various destinations In the City end on the mainland. In January 2012, the Gilles Marine and Waterfront Protection Authority CMWPA-) discussed this subject and passed a resolution r+ecormrending that the City develop a plan for waterborne transportation services within the City and to mainland Mlaml. The reconmendatlon included the development of a pier or dock at the Lincoln Road street-end with the potential for additional dock locations at 5 Street 10 Street. 14 Street,and the Purdy Avenue Dock at Maurice Gibb Park. At the October 28, 2013 Neighborhood and Community Affairs Cormittee CNCAC") meeting, the NCAC reconrrrended that the City Administration explore the feasibility of the proposed dock Page 788 of 1808 Page 1166 of 2938 Page 1695 of 2497 locations, gather more details regarding the potential service, and provide an update to the NCAC. On December 11, 2013, the City Cornrission adopted Resolution No. 2013-28430(Attachment A), accepting the reoarnrndation of the NCAC. At the April 30. 2014 NCAC meeting, City staff provided feedback regarding potential locations for water teed terminals and recamrended conducting public meetings to obtain community input regarding potential water taxi dock locations.The NCAC recons ended that prior to conducting any public meetings, staff conduct a survey of City employees to determine if water tad service would provide a suitable alternative to commute to work On July 23, 2014, the City Comrrisaion adopted Resolution No. 2014-28685 (Attacunent B), rejecting the NCAC`s recomrnendatlon and. instead, directed the City Administration to prepare an Invitation to Negotiate (iTN')to seek proposals from qualified firms interested in providing the City with waterborne public transportation services.Pursuant to this direction,the City issued an iTN for a pilot cross-bey waterborne transportation service. The solicitation required that the water trod service be provided at no cost to the City and that the operator provide all necessary infrastructure, including a docking fadity, for the safe operation of the service. The ITN resulted in only one (1) responsive and responsible bidder('Weber Taro Miami,inc.'). As such,the City exceed a contract with Water Tad Miami, Inc. to operate a one (1)year inter tad pilot program from Decanter 30, 2016 to December 30, 2017, at no cost to the City, connecting the Purdy Auenue Dock at Maurice Gibb Park, Sea isle Marina at Omni, Bayside Marketplace in Downtown Miami, and the Miami Beach Marina Due to its high fares,weekend-only service,and infrequent weekday service,the pilot was not deemed a practical,competitive, reliable,convenient,or financially viable operation and was terminated on December 30,2017. • On September 8, 2020, Poseidon Ferry LLC(Poseidon')presented a water ferny service operating plan to the MWPA. Poseidon launched service on November 29, 2020, using a double-deck vessel with en air-conditioned lower deck. The water tad service was privately owned and operated with no public subsidy from Mimi-Dade County. the City of Miami, or the City. The service provided connectivity to and from the Hyatt Regency located at 400 SE 2nd Avenue In Downtown Miami and the Bentley Bay Marina located at 520 West Avenue In Miami Beach,where the water taxi corrected to the County's MetroMover system and the South Beach Trolley service, respectively. Service commencement was shared with the City Commission via LTC No. 422-2020 (Attachment C). Poseidon's fare structure was competitive with current public transit fares($3 per passenger each way for corrrruters). Per Poseidon, the net arcual operating and maintenance cost of the service was approximately $600,000 for one (1) vessel operating seven (7) days a week at a service frequency of one(1)hour from Sunday to Friday(from 7:30 am.to 7:30 p.m.)and United departures on Saturday.The service was suspended on December 31,21022 due In low ridership. On March 27. 2023, at the request of Commissioner David Ridherdsan. the Ctty Commission referred a discussion(item C4 N)to the Finance and Economic Resiliency Comrriteee('FERC')to discuss itrpleminting a water tadl ferry service in the City,and providing a potential subsidy for the program.In an effort to reduce the fares charged to passengers and promote an alternative mode of transportation between Miami Beach and downtown Miarri. During the May 24, 2023 FERC meeting, the Committee discussed this item and passed a motion to proceed with a pilot program with Poseidon, authorizing the City Adrnkiistration to negotiate an agreement with Poseidon aid work with Poseidon to identify the locations where the operations will be conducted,and recommending waiver of the competitive bidding process • if regtxred to do so, with the final City contribution and related terms, such as the discounted Page 789 of 1808 Page 1167 of 2938 Page 1696 of 2497 rates,to be determined In the agreement. FERC recommended in favor of moving the item to the City Comrission for consideration of Its . motion. ANALYSIS Water tad service could provide an alternative mode of transportation for residents, visitors, and workforce using waterways between the dties d Miami Beach and Miami. This connectivity Is essential for.residents who work, study,or engage in recreational activities in both does. Currently, the options available to residents, visitors, and workforce are to use their personal vehicles or nicronnobilty device, taxi/ride-share services, or public transportation (Miami-Dade County buses). However, with an eltident cross-bey water tad service, residents, visitors, and workforce can avoid trek congestion on the causeways and reduce travel time, risking it a convenient, attractive, and affordable commuting option. Based on infomation received from Poseidon, which operated ferry service between Miami Beach and Miami until December 31, 2022,the net annual operating cost of the service was appnadmately $600,000(excluding docking fees)for one(1)vessel operating seven(7)days per week with one(1)- hour frequency of service from Sunday to Friday(from 7:30 am to 7:30 pm)and limited departures on Saturday.The fare for Florida residents was$5 per person per trip,and the fare for visitors was$10 per person per trip. Poseidon's fare structure was conpetllive with current public transit fares at$3 per passenger each way for commuters. SUPPORTING SURVEY DATA N/A FINANCIAL INFORMATION The cost aseodatsd with subsidizing the net annual operations and maintenance costs of a cross- bay water tad service(based on Poseidon's operating costs)is approwdmetely$600,000. Currently, funding has not been identified; however, this oast has been presented as pert of a tentative proposed FY 2024 operating budget enhancement for consideration by the City Commission. Given crust-bay water tad service constitutes a regional transportation service extending beyond the jurisdictional limits of Mimi Beach,should the City Commission wish to explore an operating subsidy for the service, the Adnirdstratlon recommends pursuing a collaboration and potential funding partnership with the City of Miami andicr Miami-Dade County. CONCLUSION This item is being presented to the City Commission for acceptance of the recommendation of FERC's motion directing the Admkgstratlon to(1)negotiate a one (1)year agreement starting Fiscal Year 2024 with Poseidon to provide a weer tad service plot program between Miami Beach and Downtown Miami•, (2)identify funding; (3)idenlityr locations where operation will be conducted,and(4)define the City's cortribu lot,rind fare structure for the plot program. Furthermore, the City Administration recommends pursuing a competitive solicitation for the service to better position the City to seek cartels external funding opporhrriies,and to cornpare and evaluate multiple vendors' approaches to the service, operating plans, arid vessel types/technologies. ApalicalaleAdan Page 790 of 1808 Page 1168 of 2938 Page 1697 of 2497 Citywide is fhb a"Residents Right Does this item utilize G.Q. to Knave"tram,pursuant to Bond Funds? City Cods Section 2-14? No No Mobility-Increase nxati-modal mobility citywide and connectivity regionally. Leais{atlyp Tracking Transportation and Mobility IMMUNE Commissioner David Richardson ATTACHMENTS: Dsscripbon Attachment A-Resolution No.2013-28430 o Attachment B-Resolution No.2014-28565 . o Attachment C-LTC No.422-2020 Page 791 01 1808 Page 1169 of 2938 Page 1698 of 2497 RESOLUTION NO. 2013-28430 A RESOLUTION OF THE MAYOR AND CRY COMMISSION OF THE CiTY OF MIAMI BEACH. FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEtGHBORHOODSICOMMUNRY AFFAIRS COMMITTEE DIRECTING , THE CITY ADMINISTRATION TO EXPLORE POTENTIAL LOCATIONS AND TIMES FOR WATER TAXI SERVICE WITHIN THE CITY AND TO MAINLAND • MIAMI. WHEREAS, a water taxi is a watercraft used to provide public transport, usually but not always, in an urban environment which can operate similar to a bus or tad and can serve as a charter or commuter service;and WHEREAS. the City is about to begin developing its Transportation Master Plan (TMP) which will study the City's transportation network, analyze existing conditions, and make recommendations for projected future conditions, including maximizing the use of its Blueways throughout the City;and • WHEREAS, the City's Marine Authority Board discussed this subject and passed a Resolution In January 2012 recommending that the City develop water transportation services within the City and to mainland Miami for commercial and private vessels;and WHEREAS, the City's Marine Authority Board also recommended the development of a pier or dock at the Uncoin Road street-end with the potential for additional sites at 5th Street, 10th Street, 14th Street,and the Purdy Boat Ramp;and WHEREAS, the City Administration was recently approached by Island Queen Cruises with a proposal for the establishment of permanent locations in the City of Miami Beach in order to provide water taxi service between Bayfront Park and Miami Beach;and WHEREAS, at the October 28, 2013 Neighborhoods/Community Affairs Committee meeting, the Committee passed a motion requesting that the Administration explore water taxis as an alternative mode of transportation and to further research the issue, including possible 'pick-up and drop-off locations and times;and to bring the item back to the Committee for further disaasion and refinement of the concept. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation•cf the Neighborhoods/Community Affairs Committee dineding the City Administration to explore potential locations for water taxi service in the City and to further research possible pick-up and drop-off locations and times and to bring the item back to the Committee for further discussion and refinement of the concept PASSED and ADOPTED this jgday of f f j4 ATTEST: /0°Z. ied ,,,,,,,, Phiii• er, ' -yon E.Gra `• ••� «�r4 4'1, APPROVED AS TO • $ --�� '.) FORM AND LANGUAGE • * -• • - EXECUTION INCORP (RATED: P ' • ...ILA.4 .. 12.111113 ��•. ? 1: -.1.f/ffillirig ,,.meyl( Date twaea111 oisvocwnii • : NC*C Row** t s Co•Nandn or Struts Rt:'SO.doa `'�. 4.16's� Page 1170 of 2938 • Page 1699 of 2497 COMMISSION.ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beate, Florida,Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Directing The Administration To Explore Potential Locations For Water Taxi Service Key intended Outcome Supported: Enhance Mobility throughout the City Supporting Data(Surveys,Environmental Scan,eta): in a recent survey,31%of residents and 43%of businesses rate the traffic flow as excellent or good. item BurmnarylRecornmendation: A water taxi is a watercraft used to provide cubic transport usually but not always in en urban environment. Service may be scheduled with mtdtipie stops,operating in a similar manner to a fes,or on- demand to multiple locations,operating in a similar manner to a tesj. Water taxis can offer sightseeing, charter and commuter services in order to service both residents and visitors. The City is about to begin developing Its Transportation Master Plan (TMP)which will study the City's. transportation network, analyze existing conditions end make recommendations for projected future conditions. Multi-modal alternatives will be a component of the IMP and the City is seeking ways to maximize use navigable waterways. Additionally,the City's 2025 Comprehensive Plan already Indudee a multi-modal transportation system as a stated goal. The City's Marine Authority Board discussed this subject and passed a Resolution in January 2012 recommending the City develop water transportation services within the City and connecting to the City of Miami for commercial and private vessels. The recommendation included development of a pier or dock at the Lincoln Road street-end with potential for additional sites at 5th Street,10th Street,14th Street and the Purdy Boat Ramp. Aside from the attraction to tourists,water taxi service also has the ability to provide an alternative mode of transportation for residents who commute daily to and from Downtown MiamilBrickell area and to connect various destinations in the City of Miami Beach and on the Mainland. The City Administration was recently approached by island Queen Cruises with a proposal for the establishment of permanent locations In the City of Miami Beach in order to provide water taxi service between Bayfront Park In the City of Miami and Miami Beach. This item Is being presented to City Commission for acceptance of the recommendation of the NCAC directing the Administration to further explore water taxi service as an alternative form of transportation and gather mote details regarding the service,such as possible pick-up and drop-off locations,times,etc.,and to bring the item back to the NCAC for further discussion end refinement of the concept Advisory Board Recommendation: At the October 28,2013 meeting of the Neighborhood/Community Affairs Committee(NCAC),City staff end industry representatives provided some background regarding the current and proposed service. The service is currently implemented In the City of Fort Lauderdale. The NCAC endorsed the concept as another alternative to reduce traffic congestion between the City of Milani Beach and the Mainland_ The , Committee passed a motion,which is why it is being presented to the City Commission for acceptance,to direct the Administration to further explore this concept and gather more details regarding the service,such as potential pick-up and drop-off locations,times,etc.and bring the item back to the NCAC for further I discussion and refinement of the concept Financial Information: Source of Amount Account I Total Financial impact Summary: City Clerk's Office Legislative Tracking: 1 � Sign-Offs: Department Director Assistant CI yf; eager City ErrJig4— KGB 7/ JLM TAAGEMOM2013ftwer141bwARSalAmoeWUrV kammiWiras bon NGC ., .lrCoJYnrpdames SLWARn.do[ MIAMiBEACH page P r ;fol $ AGENDA ITEG I DATE , Page 1700 of 2497 MIAMIBEACH Giy el Miami atudh.1700 Conwrwion Gnat Oriw.Mori Bloch,Florida 33139,www.miomib.od+B.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members • the City Co, mission FROM: Jimmy L Morales,City Manager 401+� DATE: December 11,2013 sUSIECT: A RESOLUTION OF THE MA R AND CITY COMMISISON OF THE CITY OF MIAMI BEACH, FLORIDA, A• EPTINO THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE DIRECTING THE ADMINISTRATION TO EXPLORE POTENTIAL LOCATIONS FOR WATER TAXI SERVICE BACKGROUND A water taxi Is a watercraft used to provide public transport, usually but not always in an urban environment. Service may be scheduled with multiple stops,operating in a simDar manner to a bus,or on-demand to multiple locations, operating in a similar manner to a taxi. Water tends can offer sightseeing,charter and commuter services in order to service both residents and visitors. The City is about to begin developing its Transportation Master Pian (IMP)which will study the City's transportation network, analyze existing conditions and make recommendations for projected future conditions. Multi-modal alternatives will be a component of the TMP and the City.is seeking ways to maximize use navigable wattanways. Additionally, the City's 2025 Comprehensive Plan already includes a multi-modal transportation system as a stated goal. The City's Marine Authority Board discussed this subject and passed a Resolution in January 2012 recommending the City develop water transportation services within the City and connecting to the City of Miami for commode] and private vessels. The recommendation 'included development of a pier or dodo at the Lincoln Road street-end with potential for additional sites at 5th Street,10th Street, 14th Streeet,and the Purdy Boat Ramp. Aside from the attraction to tourists, water taxi service also has the ability to provide an alternative mode of transportation for residents who commute daily to and from Downtown MlamiBdc kell.area and to connect various destinations in the City of Miami Beach and on the Mainland. The City Administration was recently approedwd by Island Queen Cruises with a proposal for the establishment of permanent locations in the City of Miami Beach in order to provide water taxi service between Bayfront Park in the City of Miami and Miami Beach. Page 794 of 1808 Page 1172 of 2938 Page 1701 of 2497 Commission Memo-Resolution Accepting Recommendation from NCAC Regarding Water Taxi Service December 11, 2013 Page 2 of 2 At the October 28, 2013 meeting of the Neighborhood/Community Affairs Committee (NCAC), City staff and industry representatives provided some background regarding the current and proposed service. The service is currently implemented in the City of Fort Lauderdale. The NCAC endorsed the concept es another alternative to reduce traffic congestion between the City of Miami Beach and the Mainland. The Committee passed a motion, which is why it Is being presented to the City Commission for acceptance, to direct the Administration to further explore this concept and gather more details regarding the service. such as potential pick-up and drop-off locations, times, etc. and bring the item back to the NCAC for further discussion and refinement of the concept. CONCLUSION This item Is being presented to City Commission for acceptance of the recommendation of the NCAC directing the Administration to further explore water taxi service as an alternative form of transportation and gather more details regarding the service, such as possible pick-up and drop- off locations, times, etc., and to bring the Item back to the NCAC for further discussion and • nement of the concept. T:MOENDA1201 31Decsr+>bsr 111Resolutlon Accepting R.oamn»ndatlon tom NCAC Rowdies Water Tail Service MEMO Page 795 of 1808 Page 1173 of 2938 Page 1702 of 2497 665 RESOLUTION NO. 2014 - 28 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, REJECTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE AT ITS APRIL 30, 2014 MEETING TO CONDUCT A SURVEY OF CITY EMPLOYEES REGARDING THE POTENTIAL UBE OF•WATER TAXI SERVICES FOR COMMUTING PURPOSES AND DIRECTING THE CITY ADMINISTRATION TO PREPARE A REQUEST FOR APPROVAL TO. ISSUE AN INVITATION TO NEGOTIATE TO SEEK PROPOSALS FOR WATERBORNE TRANSPORTATION SERVICES AS AN ALTERNATIVE MODE OF PUBLIC TRANSPORTATION IN THE CITY. WHEREAS, a water taxi is a watercraft used to provide public transportation and that can potentially provide an alternative mode of transportation for residents of Miami Beach;and WHEREAS, at the December 11, 2013 City Commission meeting, the Commission accepted the recommendation of the Neighborhood/Community Affairs Committee (NCAC) to direct the Administration to further explore water taxi service as an alternative form of transportation and gather more details regarding the service,such as possible pick-up and drop- off locations and times;and WHEREAS, at the April 30, 2014 meeting of the NCAC, City staff provided feedback regarding potential locations for water taxi terminals and recommended conducting public meetings in order to educate the community and obtain citizen input regarding potential water taxi dock locations;and • WHEREAS, at said meeting, the NCAC recommended that, prior to conducting any public meetings, staff conduct a survey of City employees to determine if water taxi service would provide a suitable alternative to commute to work and to bring the results of such survey back to the NCAC with additional recommendations;and WHEREAS, the Mayor and City Commission reject the NCAC's recommendation and, instead, wish to direct the Oty Administration to prepare an Invitation to Negotiate (ITN)which will seek proposals from qualified firms interested in providing the City with waterborne public transportation services, and also wish to direct the City Administration to prepare a request for an ITN for the July 30,2014 City Commission agenda for consideration by the City Commission. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby reject the recommendation of the NCAC at its April 30.2014 meeting and hereby direct the City Administration to prepare a request for approval to Issue an Invitation to Negotiate to seek proposals for waterborne transportation services as en alternative mode of public transportation in the City. PASSED AND ADOPTED this 23`'day of July,2014. ATTEST: 018E A , ih ie PHILIP •T RAFAEL E.G- • • 'O, i8C 1, s,ATt s MAYOR J.. CITY CLERK I APPROVED AS TO • FORM&LANGUAGE TMGetDA12OI4Ju1y1 Water Tani- -- .• •• • Up<51ed AESO.doe a FOR EXECUTION 798 of 1808 ^ .t • g t 4`(4 Page 1174 of 2938 DS. CRy Attorney lor Date Page 1703 of 2497 COMMISSION ITEM SUMMARY Condensed Title: A Resolution Of The Mayor And City Commission Of The City Of Miami Beach, Florida, Accepting The Recommendation Of The Neighborhood/Community Affairs Committee Directing The Administration To Conduct A Survey Of Citi)Employees Regarding The Potential Use Of Water Taxi Services For Commuting Purposes. Key Intended Outcome Supported: Commission a Comprehensive Mobility Plan Which Gives Priority Recommendations(From Non`Vehicular To Vehicular And including Parking). P Supporting Dab(Surveys,Environmental Scan,etc.):According to the Florida Department of Transportation- (FOOT),the Level Of Service(LOS)on the McArthur Causeway and Julia Tuttle Causeway during peak hours is LOS F(Fairing)and D, respectively.The existing public transportation system connecting Miami Beach to the malntsrnd is Nmited to using these congested highways.As recently indicated in the 2014 City of Miami Beach Community Satisfaction Final Report,28%of the City of Miami Beach residents would be wiling to use alternative forms of transportation to access the mainland. Item Su mmarelitecom nenddbn: At the December 11, 2013 City Commission meeting, the Commission accepted a recommendation by the NeighborhoodlCommunity Affairs Committee(NCAC)directing the Administration to further explore water taxi service as an alternative form of transportation and gather more details regarding the service,such as posaile pick-up and drop-off locations,times,etc..and to bring the item beck to the NCAC for further discussion and refinement of the concept At the Apra 30,2014 meeting of the NCAC,City staff providedfeedbadc regoring potential locations for wrier taxi terminals and recommended conducting public meetings in order to educate th.community aid obtain their input regsrding potential water taxi dock locations. The NCAC recommended that prior to conducting any public meetings,staff conduct a survey of City employees to determine if water Mai service would provide a suitable alternative to commute to work. This item le being presented to City Commission for acceptance of the recommendation of the NCAC directing the Administration to conduct a survey and gather data to assess the need for water taxi service es an alternative mode of public transportation in the City,and to bring the item back to the NCAC b report the results of the survey and provide additional recommendations. Additionally,the Administration wN reach out to the Home Owners Associations(HOAs)surrounding the locations that could potentially be used es terminais/stops for water taxi services,in an effort to obtain some feedback on the integration of the proposed dock locations in the residential areas. THE ADMINISTRATION RECOMMENDS APPROVAL OF THE RESOLUTION. Advisory Board Recommendation: 1NFA Financial Information: Source of Amount Amami Funds: i 2 Financial insect Summary:WA City Cleric's Moe Lei ledve Tredcine: I Jose R.Gonzalez,and.8768 1 Sia}dna: Deperbrant Dkectior Assistant c Manager JRG KGBAar TARGE Ati2o14lJ r$ AoWanir Taal— arse d by NCAC SUtl. c MIAMI BEACH a 797 1808AGENDA ITEM 7 V r Paget 175 of 2938 Dmig Page 1704 of 2497 MIAM1BEACH Gly et Miami Beech,1700 Coti eraion Canty Drive,hton;Beech,Florida 33139,www.miamibsachligov COMMISSION MEMORANDUM TO: Mayor PhWp Levine and Members . the City •, Ission FROM Jimmy L Morales, City Manager DATE: July 23,2014 SUBJECT: A RESOLUTION OF THE MAY• • AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE NEIGHBORHOOD/COMMUNITY AFFAIRS COMMITTEE DIRECTING THE ADMINISTRATION TO CONDUCT A SURVEY OF CITY EMPLOYEES REGARDING THE POTENTIAL USE OF WATER TAXI SERVICES FOR COMMUTING PURPOSES BACKGROUND A water taxi is a watercraft used to provide public transportation, usually, but not always in an urban environment. Service may be scheduled with multiple stops.operating In a similar manner to a bus.or on-demand to multiple locations,operating in a similar manner to a taxi. Aside from being a memorable experience to tourists, water taxi service also has the ability to provide an alternative mode of transportation for residents who commute daily to and from Downtown MlamU&tckeI area, end to connect various destinations in the City of Miami Beach and on the Mainland. The potential for waterborne transportation is expected to be further studied In the City's Transportation Master Plan,which wi review the City's transportation network,analyze existing conditions and make recommendations for projected future conditions. Additionally, the City's 2025 Comprehensive Plan already includes a multi-modal transportation system as a stated goal. • The City's Marine Authority Board discussed water taxi service and passed a Resolution In January 2012 recommending that the City Implement water transportation services within the City and connecting to the City of beam!.The recommendation on Included development of a pier or dock at the Uncoin Rood street-end with potential for additional sites at 5th Street. 10th Street, 14th Street,and the Purdy Float Ramp. At the December 11, 2013 City Commission meeting, the Commission accepted the recommendation of the NeighbcvhoodlCommutitty Affairs Committee (NCAC) directing the Administration to further explore water taxi service as an alternative form of transportation and gather more details regarding the service, such as possible pick-up and drop-off locations, times.etc.and to bring the item back to the NCAC for further discussion and refinement of the concept. Pape 798 of 1808 • • Page 1176 of 2938 • Page 1705 of 2497 Commission Memo-Weer Taxi—Acceptance of Recommendations by NC.4C • July 23, 2014 Page 2of2 At the April 30,2014 meeting of the NCAC, City staff provided feedback regarding the locations proffered by the Marine Authority Board and recommended conducting pubic meetings In order to educate the community and obtain their input regarding potential water taxi dock locations. The NCAC recommended that prior to conducting any public meetings,staff conduct a survey of City employees to determine if water taxi service would provide a suitable alternative to commute to work. The Committee passed a motion directing the Administration to conduct a survey and gather data in order to properly evaluate the need for water taxi service as an alternative mode of pubflo transportation in the City. Additionally. the Administration will reach out to the Home Owners Assodations (HOAs) surrounding the locations that could potentially be used as terminals/stops for water taxi services, in an effort to obtain some feedback on the integration of the proposed dock locations in the residential areas. CLUSION This item is being presented to City Commission for acceptance of the recommendation of the NCAC directing the Administration to conduct a surrey and gather data to assess the need for water taxi service as an aftmnative mode of public transportation in the City, end to bring the item back to the NCAC to report the results of the survey end provide additional recommendations. K J TMACIENDA12014My1 Water Tad-Acceptor=of Raoommandolioe+s by NCAC Ii Q • Page 799 of 1808 Page 1177 of 2938 Page 1706 of 2497 OoaSign E is ops ID.9110a9F9-B8LD477Fa152G086 FCA11?bSeE ' • •A B[/ ( ' j OFFICE OF THE CITY MANAGER NO. LTC s 422-2020 LETTER TO COMMISSION TO: Mayor Dan Gelber and Members of the City Commission FROM: Jimmy L. Morales,City Manager tsriks DATE: November 25,2020 licAqmpaTon. SUBJECT: Commuter Waterborne Transportation Service by Poseidon Ferry LLC The purpose of this LTC is to inform the City Commission of Poseidon Ferry LLC's launch of commuter water ferry service between Miami Beach and downtown Miami anticipated for November 29,2020,using a double deck vessel with an air-conditioned lower deck. The service is privately owned and operated with no public subsidy from Mtamt-Dada County,City of Miami,or City o1 Miami Beach. The service is intended to cater to commuters during morning and afternoon peak periods both on weekdays and weekends and the proposed commuter fare structure is competitive with current public transit fares($3/passenger each way). The service is scheduled to operate 7 days a wash from approximately 6am-10pm Monday through Thursday,and Barn-spin Friday through Sunday with as many as 18 scheduled hourly departures from Miami Beach each day. The established pick-up and drop-off locations are the Bentley Bay Condominium marina in South Beach and the Hyatt Regency/James L. Knight Center marina In downtown Miami in proximity to the Knight Center Metromover station. Poseidon is planing to add a second vessel in early 2021 which would double the number of departures and provide a service frequency of approximately 30 minutes. In Miami Beach,Poseidon explored various docking locations within and in proximity to the Miami Beach Marina. Unfortunately, after almost a year of coordinating with the Miami Beach Marina management, Poseidon was unable to secure docking rights at the marina_ As an alternative, Poseidon secured the Bentley Bay marina for vessel operation and retail space within the building for a ticket office end passenger waiting area with restrooms. Poseidon presented its proposed water ferry service operating plan to the City's Marine and Waterfront Protection Authority(MWPA)on September 8,2020 and responded to questions from board members and the public. The water"ferry item was continued by the MWPA to December 2020 to provide Poseidon time to secure the required permits and approvals. The proposed service has received mixed feedback from some residents of the Bentley Bay Condominium;and Poseidon is working closely with the Bentley Bay Condominium Assodation to address any outstanding concerns with the upcoming service.In the meanwhile.Poseidon has secured Florida Department of Environmental Protection(FDEP)approval to use the existing dock at the Bentley Bay marina on a temporary basis while the lease with the Bentley Bay marina is amended to allow • Page 800 of 1808 Page 1178 of 2938 Page 1707 of 2497 DoaSgn Envelope ID:1111061F!-ae84473F-A52C F0QECA826SbE LTC-Commuter waterborne nanapartGoe furies by Poseidon November 25.2070 for permanent use of the dock. Poseidon will present its operating plan to MWPA in December In addition to the commuter feny service,Poseidon is pursuing sightseeing and music cruises to subsidize the commuter service. Based on information received from the County and Poseidon, these recreational services will operate only on the City of Miami side and will not be arriving at or departing from the Bentley Bay marina. It Is Important to note that the City has no role in this private venture other than the ministerial function of issuing a BTR once Poseidon has secured all required approvals.. As a condition of the issuance of its BTR, Poseidon agrees to follow all applicable federal,state, and local laws,In addition to strictly adhering to those conditions set forth in its BTR end included in Acknowledgment Letter. The Intent of the Acknowledgment Letter is to ensure that Poseidon's ferry service operation provides for a high level of safety and security of ferry passengers and does not adversely affect the quality of life of residents In the area (Attachment A). From the standpoint of transit connectivity and parking, the Bentley Bay marina is strategically located as it is in dose proximity to the South Beach Trolley service,County regional bus service, and the Alton Road/5'i Street parting garage which can serve as a park-and-ride fadlity for the proposed ferry service. The proposed service aligns with City Commission Resolution No. 2019-30757 (Attachment B) which recommends that the Administration pursue strategies to help mitigate traffic impacts and ensure mobility for residents, visitors, and workforce employees during the construction of the Florida Department of Transportation(FOOT)1-395 Signature Bridge project and other active and planned FDOT roadway projects in and around the City. Should you have any questions,please feel free to contact me. Attachment A:Acknowledgment Letter Alek t on No.2019-30757 /fit Mk JLM/ATH1JRGIMM gar/Fw..�A.yr+. wdwn...V•r.+ .�_i•,.rrrn�oer,..t✓wrcu+n.l�sa+n�ro,rArc • ir,n�u.. rnaarmaks. c.we M %..w. Page 801 of 1808 Page 1179 of 2938 Page 1708 of 2497 DomSign Enwraps 1D:9110 39FP88 15473F-A52C-FDe3CAaZ654E Attachment A Bi-,A i_ ` City al Miami Mat,!TOO Convention Canter Drive.Miami Beach,Fordo 33139.www.miamibeac1 R.gov OFFICE OF THE QTY ATTORNEY Te1.305473-7470,Fax-305.673-7002 November 25,2020 . Poseidon Ferry,LLC 400 SE 2i Avenue Miami,FL 33131 Dear Sir or Madam: • This correspondence shall serve as an acknowledgment of those conditions included in the Business Tax Receipt ('BTR) issued by the City of Miami Beach, Florida('City`)to Poseidon Ferry, LLC rPoseidonl, a Foreign Limited Liability Company, authorized to do business in the State of Florida,and the City of Miami Beach,Florida. Poseidon operates a privately owned water ferry commuter service between Miami Beach (Bentley Bay Marina)and downtown Miami.As a condition of the issuance of its BTR, Poseidon agrees to follow all applicable federal,state,and local laws(in addition to strictly adhering to those conditions set forth in its BTR)in order to operate within the City's jurisdictional limits. - Consequently,the failure of Poseidon to comply with any of the conditions set forth below(and as set foith in its BTR)will result in the City issuing a notice of violation to Poseidon,which shall be subject to those enhanced penalties for any violation(s) of same, and may result in a suspension and/or revocation of Poseidon's BTR. 1) Permits: • a) Poseidon shall secure all necessary approvals and permits for operation of such water ferry service from all applicable agencies involved and shall maintain all permits in alive status and good standing. 2) Safety and security: a) Poseidon shave provide security personnel on the ferry at aA times during operational hours; b) Poseidon shall provide shore side personnel at an times during operational hours to assist with securing the vessel,along with assisting and guiding passengers; c) Poseidon shall ensure passenger queuing lines are doeey monitored and shall not obstruct pedestrian pathways along the public right-of-way. 3) Noise: Poseidon shall comply with applicable State and local noise ordinances at all times. 4) Sillnage: a) Poseidon shall instal adequate directional signage for passengers upon Bentley Bay Marina's property and/or the City's right-of-way.Prior to the installation of any signage on the City's right-of-way.Poseidon must seek and obtain written approval from the City. Page 1 of 2 • Page 802 of 1808 Page 1180 of 2938 Page 1709 of 2497 OocuSipn Env c9.10:911089F9.9810-473FA52GfD56CA8Z 5$E 5) Operation: e) Poseidon shall communicate any changes in operating plan to the City's Transportation and Mobility Department; b) Poseidon shall report passenger statistics(number of persons boarding in Miami Beach and the City of Miami respectively)to the City's Transportation and Mobility Department on a monthly basis_ It is expressly agreed that nothing contained herein shall operate as a waiver or limitation of any rights or remedies afforded to the City,whether conferred by this acknowledgment or pursuant to taw. CITY OF MIAMI BEACH, FLORIDA POSEIDON FERRY,LLC By kS Mdr�_ BY: Jimmy L.Morales Print Name: City Manager Title: CITY OF MIAMI BEACH POSEIDON FERRY, LLC 1700 Convention Center Drive,4th Floor 400 SE 2nd Avenue Miami Beach, Florida 33139 Miami,FL 33131 � Plitt a (—CS�� AR1G. AT IJRGIMM Page2of2 Page 803 of 1808 Page 1181 of 2938 Page 1710 of 2497 DoaSian Envelop.ID:Pt1089F0-88e0.t73F•AS2C.FDESCAezE6eE Attachment B RESOLUTION NO. 2019.30757 A RESOLUTION OF THE MAYOR AND CITY-COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, APPROVING THE POTENTIAL TRAFFIC MITIGATION STRATEGIES RECOMMENDED BY THE CITY ADMINISTRATION, RECOMMENDING THAT THE ADMINISTRATION WORK • WITH MIAMI-DADE COUNTY AND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DEPLOY THE POTENTIAL TRAFFIC M1111GATION STRATEGIES TO HELP REDUCE THE TRAFFIC IMPACTS OF THE 'CONNECTING MIAMI" CONSTRUCTION PROJECT ON THE RESIDENTS, VISITORS, AND WORKFORCE Of THE CITY OF MIAMI BEACH; AND, REFERRING THE ITEM TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO MONITOR PROGRESS ON THE ISSUE AND DISCUSS RESULTS AND IMPACTS. WHEREAS,the 1-395/SR 836/1-95 Project(-Connecting Miami)is a partnership between the Florida Department of Transportation (FDOT) and the Miami-Dade • Expressway Authority(MDX),with construction limits on State Road(SR)836 beginning at NW 17 Avenue and continuing through the SR 83611-39511.95(Midtown)interchange to the MacArthur Causeway Bridge;and WHEREAS,the Connecting Miami Project commenced in Summer 2018 and is anticipated to be completed by Fall 2023;and WHEREAS, traffic impacts during the multi-year construction project due to multiple and continuous lane and ramp closures and detours along 1-95,SR 838,and 1-395 are expected to•adversely affect mobility for Miami Beach residents,visitors,and workforce employees;and WHEREAS. the City Administration recommends that various traffic mitigation strategies be explored and deployed, in collaboration with FOOT and Miami-Dade County, to reduce the Impact of the construction of this major project on the Miami Beach community;and WHEREAS.the traffic mitigation strategies to be explored should include, but not be limited to,the following: 'l. Accelerate the implementation of the Beach Express North Bus Express Rapid Transit (BERT) Demonstration Service and Route 150 (Airport Express)modificaijons 2. Enhance service of the County Route"A" 3. Explore waiving toes on the Venetian Causeway 4. Explore waterboma transportation service connecting Downtown Miami and Miami Beach;and Pigs 804 of 1808 Page 1182 of 2938 Page 1711 of 2497 DocuSop Emtiope ID:611013yF043880.rT]fd1w52CFDt6CA8I655E WHEREAS, the City Commission deems it advisable to refer this item to the Finance and Citywide Projects Committee to monitor the Connecting Miami Project and discuss results and impacts. • NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and City Commission hereby approve the potential traffic mitigation strategies recommended by the Administration, recommend that the Administration work with Miami-Dade County and the Florida Department of Transportation to deploy the potential traffic mitigation strategies to help reduce the impact on mobility from the construction of the Connecting Miami Project on the residents, visitors, and workforce of the City of Miami Beach, and refer the item to the Finance and Citywide Projects Committee to monitor progress on the issue and discuss results and impacts. PASSED and ADOPTED this 13^day of Manch,2019. ATTEST: Glfe Dan Gelber,Mayor 2)/G2/2C.51grk APPROVE)AS TO FORM&LANGUAGE &FOR EXECUTION • TMOIINOn12DWG03 MkeMrf TraipooNtasohie pn The legron pr 1'h • I /40 26° Page 805 of 1808 Page 1183 of 2938 Page 1712 of 2497 DoomSign Envelop.1D:911089F49880-473F-A52C-FDtf6CAE265SE ResdutIona-R7 O MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales,City Manager DATE: March 13,2019 • SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. APPROVING THE POTENTIAL TRAFFIC MITIGATION STRATEGIES RECOMMENDED BY THE CITY ADMINISTRATION. RECOMMENDING THAT THE ADMINISTRATION WORK WITH MIAMI-DADE COUNTYAND THE FLORIDA DEPARTMENT OF TRANSPORTATION TO DEPLOY THE POTENTIAL TRAFFIC MITIGATION STRATEGIES TO HELP REDUCE THE TRAFFIC IMPACTS OF THE 'CONNECTING MIAMI'CONSTRUCTION PROJECT ON THE RESIDENTS, VISITORS, AND WORKFORCE OF THE CITY OF MIAMI BEACH; AND, REFERRING THE ITEM TO THE FINANCE AND CITYWIDE PROJECTS COMMITTEE TO MONITOR PROGRESS ON THE ISSUE AND DISCUSS RESULTS AND IMPACTS. RECOMMENDATION The Administration recommends that the Mayor end City Commission approve the Resokttion. BACKGROUND The I-395/SR 838/1-95 Project CConnedlnp Mime) Is a partnersNp between the Florida Deparbner>t of Transportation(FOOT)and the Mami-Dade Expressway Autfiorily(MDX),vuith construction!knits on State Road(SR)838 bsgl minp et NW 17 Avenue and conthmirg tlragh the SR 83811-39511-95(Midtown)Irderdanpe to the MbcAr1ur taxiway Bridge.The knits on 1-95 are from NW 8 Street to NW 29 Street Enluncaments or 1-395 we from The SR 83611-11511-395 (Midtown) Infervtrpnge b the MacArthur Caraway.epprordrn413Iy 1.4 miles bap.The project wile completely reconstruct the aidstinp toothy and create a signature bridge that wB span 1.025 feet over NE 2 Avenue and SRSBisceyne Bouievasb,reds/biro the Mani skyline with its Or sweeping arms. The project will cresta additional cepadty on 1.395 with a Motet of three(3)through lags In each direction aid provide separate corrector coags for traffic to and from 1-95. The edstlng 1-395 eastbound off-ramps at NE 2 Avenue MI be moved west to North Mari Avenue, and the wsstbotnd on-ramps at NE 1 Avenue MI be stilted to the west of North Mani Avenue.NW 2 Avenue Ml oleo be reconnected under 1-395,providing residerr a greater areas. Page 1283 of ice Page 808 of 1808 Page 1184 of 2938 Page 1713 of 2497 DowSign Envelops ID.9110110F4.8880173f.AS2C-F088CA82868E Nobility vat be enhanced for residents. minute's end tourists by increasing capacity on SR 836, 1.95 and 1495.SR 836 wNl be double-decked to dlowfor a direct comedian between SR 836 and 1-395. The Connecting Miami Project commenced in Sumner 2018 and Is anticfpated to be completed by Feil 2023. Traffic Impede durirmg the mufti-year construction project due to multiple and continuous lanehsmp closures and detours along 1-05, SR 836, and 1-395 we expected to adversely affect mobility for Miami Beach residents, visitors, and workforce ernpioyees. As an example, over the three (3) year period that the FOOT Alton Road Reconstruction Project from 5 Street to Michigan Avenue was under construction(from April 2013 to March 2016),average defy traffic volumes on the MacArthur Causeway deceased by sppro/dn ly 9%es compared to pre-ccnstiuctbn volumes. In contrast,average daily traffic volumes on the Julia Tuttle Caraway Increased by prox ly 7%(essentielly,over 10,000 additional vahtdes per day on the steady congested Julia Tuttle Causeway. This magnitude of traffic diversion from one mayor arteria tn9rother as a result of a mop 1•:•• . l-.'.•.i l'i hl•1, •,V. . . 1•. 1!•.11 IaJil - 1. 1,•.-. • i.(',:y •+ :l .'1•,..1 +. -ill•.h :i •-1: 1 1 '1` I� s ' + .11 i•1 •.I 1 +-.11+•.•.Y 1 l • -1 1• ••.1-:'4 •:',•,1. '. 1 =.x.11.-+NL-: perntanendy even after construction is Qty. ANALYSIS The City of Miami Beach Is concerned with the potential effects of the mul8-year construction of the Corrrsctlng Mean, Project aid recommends that various traffic mitigation strategies be explored and deployed to eroure mobility for residents, visitor, and workforce employees during the consfuction of this major project. The traffic mitigation strategies to be explored should include, but not be limited to, the following: 1. Accelerate the Implementation of the Beath Express North Bus Express Rapid Tram (BERT)Demorabaflon Service or Route 150(Airport Express)Modifications. The Dade Courtly Strategic Miert Area Rapid Trask(SMART)Plan contains six(6) Rapid Transit Corridors and rine (9)Bus Express Rapid Truett(BERT) rats for Mien* Dade e fl- Dade Canty. BERT service consists of a enced branded teams operating limited stop service an&hoarders or dedlcaled frame!(lanes,where feasible,to reduce treat time and help ensure service 'challis rebblfty Advancing the BERT routes to Miami Broach could help ettegete the Impacts of the Correcting Mend projects. There are One(3)BERT roam tat are proposed to correct the mainland to Miami Beach The Beach Express North BERT route w8l run from Golden Modes Multimodal Center to the Mimi Beech City Center area via the Julie Tuttle Causeway. The Beach Express Central BERT route will run from the Menu Civic Centerhkedth District complex to the Marra Beach City Ceder area via the Julia Tittle Cawev ey. The Beech Express South BERT route wBt mer from Dowrst oar Maud to the Mart Beach City Center area via the MacArthur Criueemy. Page 1284 of 1418 Page 807 of 1808 Page 1185 of 2938 Page 1714 of 2497 DowuSipr.Envelope ID:911059F9.888Dr73F452C.FDepCA82658E Via a Resolution of the City Commission, the City of Miami Beach allocated funding In the anoint of$5.1 million for a 3-sear Beach Express North BERT demonstration service using the shoulders of the Julia Tuttle Causeway. The Citys cormlbution is equally matched by FOOT funds for the demonstration service. As of December 5,2018, FOOT hos programmed funds for the design end construction of the inside shoulders modifications needed to operate the BERT seMce on the Julia Tuttle Causeway by 2022. A goal of all parties is to wok toward implemerdaibn prior to the estimmated 2022 completion date. Additionally, the Admirnisifation Is woidng with the County to potntlaaliy modify e4sting bus routes (such es the Airport Express (Rout 150)) to provide a correction to the EaMgbn Heights Metrorall station(providing access to commuters from northwest Miami-Dade end west Browerd)end slop at ML Skhai and Fort eau,lean irderi mh seeks enhancement The goal b bmplemert the Werlrn service se part of the Coutty/s new service fine-up in November 2019. Advancing a modified Route 150 could also help mitigate the traffic Impacts of the Correcting Miami Project 2.Enhance service of the Coaly Rode'A' The original Route A operated along the Venetian Causeway correcting Omni Station in Miami and Washington AvenualLincotn Road area in Munni Beach. As a result of weigtrt restrictions imposed by the County on the Venetian Causeway bridges In 2014, the rout and service pian vies modified and currently consists of limited service between Omni Station and Street Harbour using smaller vehicles(cateweys),operating on a limited schedule of 7.5 hours per day(7 00AM to 9:32AM and 2:00PM to 6 2PM). On a in term basis,the Count/13 plen is to reestablish the origkiel Route A seMce pian when all the Venetian Causeway bridges are reconstructed and allowfor operation of regular bus service. In the mea mt file,the County does not have any plana for erhiancing the cunerd service. Route A service enhancement vias most recently discussed byte City Commission in February 2018 and a Resolution was adopted by the City Commission urging Miami-Dade County to reiretata. at no cost to the City of Mani Beach,the original Route A service plan:however, no service lmproxlenherls have been made by the County. Errhanc:img the Route A service could be a potential traffic mitigation strategy. Based on an previous analysis conducted by staff in coordination w th the County, the incremental cost of restoring the original Route A service plan wor id be appro drnstsiy $230,0001ysar for apprmdmala1y 11 ictira of seMce per day from Mondavi',Stmday. 3.Explore waiving tab on the Venetian Causswsly During previous construction projects on the Clyys causeways,at the request of the City,Miami- Dade County has waived to collection along the Venetian Causswaey.This initiative has been put into effect to Improve capacity and moblity batmen Miami Beach h acrid the mainland. Waiving toile on the Venetian Cause may can nest in reducing ba(iic demand an the MacArthur Causeway wt>ich veil be affected by the Connecting Miami Project Ftutier,this Initiative could help balance traffic volumes along the other causeways into the City and reduce the overall Page 1285 of 1418 Page 808 of 1808 Page 1186 of 2938 Page 1715 of 2497 DociSign Erwefops fO.9110e9Fe-8860.473F,AS2C-F1366G1626S6E impact of the project. This measure would require prior approval by the 0.6ami-Dade Board of County Commissioners, thus, coordination with Miami-Dade County would be required if this option Is explored. 4.Explore waeerbome transportation service connecting Dowr+lown Miami and Miami Beach The Chia most recent solid tion for waterborne trareporteton'services vas issued In 2014 and resulted In only one (1) operator(Water Tend Miami, Inc.) submitting a bid and ultimately operating a one (1)year water tad pilot prograrn from December 30, 2016 to December 30, 2017. correcting the Purdy Avenue Dock, See isle Marina, Bayside Marketplace, and Mani Beech Marina. The original solicitation stipulated that the waler talc services shall be provided at no coat to the City and for the operator to provide necessary inirasbucture for the safe operation,including docking facility,of the service. The water taxi pilot program with Water Tad Mani was terminated on December 30, 2017 errd for various reasons, the pilot was not deemed to be a practical,competitive,reliable,corr+ienient,or financially Mable operation A temporary water toad service operating between Miami and Miami Beach could potentially help mitigate the traffic inpects of the Connecting Miami Project The same dodos used during the City's previous water taxi pilot program could be used for the temporary service. Eatabiisiing a reliable water tad service, albeit as a temporary traffic mitigation strategy.world litaey require an operating subsidy. Moreover, given a water teed service would need to conned the titles of Miani Beach and Marni, It Is recommended that this option be explored in collaboration wAh Miami-Dade County and current wader trod operators. As pert of the Connecting Miami Project,FDOT will deploy Active Work Zone Traffic Monitoring and Management services along the affected project corridors. This Initiative consists of deploying cameras to mortar traffic condi tons, v‘41/Bluetooth devices b gauge travel erne, Variable Message Signs to disseminate re-time information on domes and incidents to the motoring public,and Road Rangers to help clear incidents bloddng travel isles. This effort will be managed by FOOT SunGuide Traffic Management Center and the same contractor that ties been providing Traffic Monitoring and Management Services for the City of Miami Beech for over 4 years. This Initiative was dazed during the Aeon Road Reconstruction Project between 5 Street and K Mangan Avenue and proved to be successful in reducing some of the congestion created by the lane dosuee and detours. The implanterttwon of Active Work Zone Traffic Motoring and Merropament for the FOOT Connecting Naomi Project would extend the capabilities of the Citys current Traffic Monitoring and Manstgarnent effort and planned[reagent Transport■tion System and Surat Patina System em Pio$ by enhancing the MINN of real-time traffic anlormadon. traffic data,incident information,and other relevant items to assist in managing congestion and help reduce spit-beck onto City roads. The construction of the$800 million Connecting Miami Project currently being undertaken in a pertrxerattp between FOOT and MDX is expected to hairs a stgnitiest Impact on mobility for Page 1266 of Ute Page 809 of 1808 Page 1187 of 2938 Page 1716 of 2497 Ooa+Scn Envoi*.10:9t10B9F988131}473F-A52C.FO CA3265sE Mord Desch residents,visitors,and Work(wee employ due to muib year lens closures.ramp Closures,end detours on I-95,1-395,and SR 838. The City is concerned Wet the anticipated impacts to moblity during project constuction and believes that the knpiementation of traffic mitigation strategies in coaaborat$on with FDOT and the County is esaentrel to reduce the irr pact of the project on the Kant Beach community. KEY INTENDED OUTCOMES_SUPPORTED Ensure Comprehenalve Mobility Addressing All Modes Throughout The City Loskatative Tracking Transportation Boom Commissioner Mark Samuetian ATTAPIJMENTS: 0 o Resolution • • Page 12e7 of 1418 Pape 810 of 1808 Page 1188 of 2938 Page 1717 of 2497 M I AM I BEACH WATERBORNE TRANSPORTATION PILOT PROJECT 2023 / 2024 oDeratedb,: POSEIDON FERRY Page 1189 of 2938 Page 1718 of 2497 PROPOSED ROUTE Total distance:2.45 mi(3.94 kml This route has been selected(or the following reasons: •The proximity to multi-modal connectivity and parking on both the Miami Beach and Downtown Miami sides •This route will not require any bridge openings •The service will be able to utilize the City of Miami Beach dock located at Purdy Avenue •The route will not be in competition with other Water Taxi service providers in the area . ' ,1 1 ` —lil• -.:3• / f J• . _ ~ 7i. P ID C Z.; – ! k a , i ili. • . .- i 4111 0 i. ► t .. .. - a' \ i c 4 1 , •. -4 ft I it 11. 1 \:IIIIy " , Page 1719 of 2497 Purdy Avenue Proposed Docking Locations Purdy Avenue was selected because it is one of the few locations in Miami Beach that is City Owned and already allows Commercial Use. r t ( . 1 __, 1,^ Iii 1 II - 1 _ . • U- r. _ • • - 'tea i� ', i , !‘ . rj I Page 1720 of 2497 Option 1: This docking location is on the South Side of the boat launch.This location would be ideal as it is easiest for the vessel to maneuver in and out of.The dock already has docking cleats,shore power and the vessel deck and dock and would line up perfectly and passengers would be able to board and disembark from the bow of the vessel This location has enough water depth for the vessel. location Follow Up Items: •Check with Miami Beach Marine Patrol to ensure there would be enough clearance to maneuver their vessels around the ferry should the need arise for them to depart at the same time the ferry is at the dock. ' • ' J , • .01 11(101 air . , - ^ at •. • ria • ir •.-,--.76‘• . - a . • Page 1721 of 2497 Option 2: This docking location is on the North side of the boat launch.This location would be less ideal than option 1 as it does not have docking cleats.Also,the vessel would need to load and off-load on the stem of the vessel Location Follow Up Items: •Install Cleats on the dock in order to secure the vessel •Confirm with FDEP with regards to this slip being permitted to the marina.For loading and off loading only. te... r . • Page 1193 of 2938 Page 1722 of 2497 Option 3: Thn docking location is on the complete South Side of the Marina at the floating docks.This site is less favorable out of all the options because it will not accommodate ADA passengers with wheel chairs,its proximity to other vessels and jet skis that are moored close by,and the challenges the vessel will face to be able to quickly turn around end depart with the non-commercial marine traffic(jet ski's.kayaks etc.).This location also does not have cleats to secure the vessel.however there are pilings that the vessel can secure too. t _"i+ �A rte_ 44111111° . '1 , is : --�.. '.:...:;te ^2r •:• .. / - — r t *4.1. • �i Page 1723 of 2497 - Sea Isle Marina Proposed Options -4 .1 r --� �— - _...------.°• r _�/ _ •-.......- ^, - ' From an operational standpoint,this location is selected as the most desira- �� ble because the bulkhead an the north side does not have a concrete fp ~~• ..�' � i. and the passenger gangway would line up better with the marina which • - 11 would allow for easier access for AOA passengers. - ate- From a passenger standpoint,this location is less desirable as it would cre- ., — ate a longer walk to get to multi-modal connectivity. i s'i - gilikella „.•^'— .. �'. ` From an operational standpoint this location is selected as the less desirable : • r4 _,10,‘ �'7=��, �r`---- because the bulkhead on the north side has a concrete lip that prevents the 44.r it "/— ^•� ��-- +� passenger gangway from going flush with the marina.When the gangway is lam' ..rimer //,i. .��a attached to the marina there would be an awkward step down. c _ ' --e--'°.(2.--' '. `^ ��,{ do..., �' From a passenger standpoint,this location is less desirable as it would cre- "ry • - Pi t:,-L' •" ate a longer walk to get to multi-modal connectivity. Recommendations: •The lip does not appear to be structural,maybe the City's Publec Works Department can cut out a piece of the cement on the lip that would allow the gangway to be flush with the marina. •Another option would be to place a second ramp on the dock that would elevate from the marina floor to the top of the lip. r A rC - Page 1724 of 2497 L617Z JO 9ZL I. aBed Foot Traffic Pattem to reach Multi-Modal Connectivity from both docking Options Option Ill(yellow) 1 Option tt2(Rd) 1-4;19,; Daily Schedule(Monday- Sunday) Pilot Project Proposed Operation Schedule weekly Departures: 130 t Pessertsef Capacity Ability p/weelt: 19370 Deport Arrive Depart V Monthly Departures: S36 Downtown MB MB Downtown Passenger Capacity Ability Wt MU Annual Departures: 6760 Q7:30am 7:55am�5 . • AM ;,.A. . 1007240 8. . am 8:25am 8:30am 8:55am This schedule was selected for the following reasons: •It will have the ability to accommodate commuters 9:OOam 9:25am 9:30am 9:SSam •It will provide a transportation alternatwe during peak traffic i 10:00em 10:25am'C10:30am�� 10:55am tip. 1 11:00am 11:25am 11:308m 11:55am •For Miami Beach events taking place.'alternative schedules' can be incorporated in order to accommodate those events and times. 12�0pm 12:25pm 12:30pm 12:55pm •The last arrival of 7.25wn was chosen so that the ferry does not interfere with quality of life for Miami Beach residents and neigh- 1:OOprn 1:25pm 1:30pm 1:55pm bo►s of the Purdy Avenue facility. •• I' r - - 3:00pm 3:25pm 4::00pm 4:25pm 4:30pm 4:55pm r S:OOpm 5:25pm 5:30pm 5:55pm I 6:00pm 6:25pm 6:30pm 6:55pm 7:O0pm _ 7:25pm - - • Pape 1197 of 2938 Page 1726 of 2497 a. isavaawaucti Page 1198 a?2938 Page 1727 of 2497 Ka to 6613 aeed . -- -. - .0''..7.4 ig..‘z•-•-_-:-.5.!--- °". ' --ZW-_ •01-44: ... . . _ -. 1.... ..----- .. •- ......1. • t • ......, ...e .. "." - --lit• ...... • ....• . ,.....ar .: - 4ti• ../.11110mt •—•-•." IP •ip . • . "" I:11 ...... tor".• 111.11.011# ..... 1 I '1111E• s'' " "..—• .'.• . . . . ,..,. . 1r , ' $'ti 6' , . ••• ", -. . , • . .......":,,.. 1 .,.. .,.. ,,,- itYro :AV* .°17- • --47.,; 14. ..., '14.0"' ..441101.111111111-1h. .. - 116/4. Page 1728 of 2497 • o • 4.M ' • ig 1111 i! �.� .• ter •••• a erg Pope 1200 of 2938 Page 1729 of 2497 MANI IJ fak,o Page 1201 012938 - Page 1730 of 2497 . TICKETING ....... Ticket Sales will be conducted through the following media: t ,, •In person onboard the ferry efe • ':"L • Over the phone with a t+cket agent II t) •On the web at POSEIDONFERRY.COM ? •On the Poseidon Ferry Mobile App dammaingilE ur.wr„o, _ffil it FARE STRUCTURE -• ._• , Fore rype One way Rerdry Fcsc�don°ern, App Fcofvies _ .� Commuter S3 56 View schedules Resident S5 510 Purchase tickets 1111111.1111111. a Purchase and Senior 56 512 replenish digital commuter cords Disabled S6 532 Order snacks and Non-Resident 512 524 drinks tram the galley and more! Poseidon Ferry AppApie ••me resider,Jure mei be available to Wand beach residents with o solid LD." Apple December 1st In the Apple App Ston and Google Play POSEIDON t '. OINII FERRY Page 1202 of 2938 Page 1731 of 2497 WATER TAXUFERRY SERVICE PILOT PROGRAM TERM SHEET 1. Parties: City of Miami Beach (the "City") and Poseidon Ferry, LLC ("Concessionaire" or "Poseidon") 2. Nature of Agreement Concession Agreement for the turnkey implementation, management and operation (including dock operations) and maintenance of a waterbome transportation services pilot program. 3. Term:The term of Concession Agreement shall be one(1)year, commencing on the first date of service operation ("Rollout Date"). The Rollout Date shall be the date the City provides Poseidon with a written notice to proceed with service operation. The notice to proceed shall be given only alter Concessionaire has provided the City with the requisite governmental approvals to operate, and the City has approved Concessionaire's insurance coverages. 4.Concession Area:The taxi service shall operate between the Sea Isle Marina(Miami)and the Purdy Avenue dock (Miami Beach) (Attachment C). The Sea Isle Manna is In close proximity (approximately 500 feet away) from Omni Station -a major transit hub that is served by multiple Miami-Dade County Bus routes and MetroMover.The Purdy Avenue dock is served by the South Beach trolley with a stop currently located within approximately 200 feet of the dock.Any alternate docking location(s)shall be subject to the City's approval in its sole discretion. 5. Maintenance of Vessels: The Concessionaire shall provide, operate, and maintain the vessel(s) used for the Pilot Program("Program Vessel(s)") in compliance with requirements and regulations of the United States Coast Guard and any other authorities having jurisdiction. 6. Services/Schedule of Operations: Concessionaire shall operate a water taxi/ferry service between the locations in Miami and Miami Beach specified above. The services shall be available every hour as follows: Daily Schedule(Monday—Sunday) Depart Arrive Depart Arrive Downtown Miami Beach Miami Beach Downtown , 7:30 am 7:55 am 8:00 am 8:25 am 8:30 am 8:55 am 9:00 am 9:25 am 9:30 am 9:55 am 10:00 am 10:25 am 10:30 am 10:55 am 11:00 am 11:25 am 11:30 am 11:55 am 12:00 pm 12:25 pm 12:30 pm 12:55 pm 1:00 pm 1:25 pm 1:30 pm 1:55 pm , 3:00 pm 3:25 pm 4:00 pm 4:25 pm 4:30 pm 4:55 pm 5:00 pm 5:25 pm 5:30 pm 5:55 pm 6:00 pm 6:25 pm 6:30 pm 6:55 pm 7:00 pm 7:25 pm - - Page 1203 of 2938 Page 1732 of 2497 7. Fare Structure: Fare structure shall be as follows: • General: o Miami Beach Residents-$5 per person per one-way trip o Non-Resident Senior-$6 per person per one-way trip o Non-Resident Disabled-$6 per person per one-way trip o Non-ResidentsNisitors-$12 per person per one-way trip • Commuters Fare Option: o One-Week Pass(10 Trips): For a flat rate of$30 per week, Commuters can enjoy access to 10 one-way trips. This option is ideal for those who have consistent weekly travel needs. o Monthly Pack (40 Trips): For a comprehensive monthly fee of$120, Commuters can secure a pack of 40 one-way trips.This plan is perfectly suited for individuals with more frequent travel requirements. 8.Revenue from Ticket Sales:Throughout the duration of the Pilot Program,the Concessionaire shall retain all revenue generated from ticket sales without any obligation to share a percentage of gross sales with the City. Proceeds will be retained by the Concessionaire and no payments to the City are required in this regard. Trip activity and sales information must be retained by the Concessionaire and provided to the City upon request. 9. Subsidy Payment Schedule:The total cost of$600,000 will be disbursed in equal installments of$50,000 over the course of an anticipated 12-month operational period. Poseidon will invoice the City on a monthly basis. Provided that Poseidon is in compliance with its obligations under the agreement,the City will process and pay each invoice within forty-five (45)days of receipt. 10. Licenses: Concessionaire shall be solely responsible (at its sole cost and expense) for obtaining and maintaining current any applicable licenses or permits, as required for the Pilot Program including,without limitation,any occupational licenses required by law for the proposed services contemplated in Section 3 above and for each Concession Area (if required); the U.S. Coast Guard licenses for captains and the Certificates of Inspection for the Program Vessel;the State of Florida license; the Department of Environmental Resources Management (DERM) Marine Operational Permit, and any applicable City licenses. Without limiting the foregoing, Concessionaire shall comply with any other federal, state, county or City Code requirements applicable to Concessionaire, the services or the operation its business or other activities in the City of Miami Beach, including, without limitation, obtaining any Certificate of Use or Business Tax Receipt(s)that may be required for any business activity,timely making payment of all taxes, fees or charges that may be due to the City. Concessionaire shall promptly take corrective action to correct any City Code violation or notice of violation issued by any governmental agency with jurisdiction over Concessionaire or the services. 11. Other Required Provisions: The Concession Agreement shall contain provisions required to be included in all City contracts pursuant to the City Code,including without limitation provisions relating to the audit rights of the Office of the Inspector General and record-keeping obligations that will apply to Concessionaire(Section 2-378 of the City Code) and restrictions on the use of single-use beverage straws and single-use plastic stirrers(Section 82-8 of the City Code). Page 1204 of 2938 Page 1733 of 2497 RESOLUTION NO.! 2024-33247 l 1 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS JULY 26, 2024 MEETING, DIRECTING THE CITY ADMINISTRATION TO TERMINATE THE CONCESSION AGREEMENT DATED MARCH 14, 2024, BETWEEN THE CITY OF MIAMI BEACH AND POSEIDON FERRY LLC ("POSEIDON") FOR THE OPERATION OF A WATER TAXI PILOT PROGRAM, DUE TO POSEIDON'S MATERIAL DEFAULT. WHEREAS, on June 28, 2023, the Mayor and City Commission ("City Commission") adopted Resolution No. 2023-32644, waiving, by 5/7th vote, the formal competitive bidding requirement and accepting the recommendation of the Finance and Economic Resiliency Committee ("FERC"), directing the City Administration ("Administration") to: 1) negotiate a one (1) year Agreement with Poseidon Ferry LLC ("Poseidon"); 2) identify funding; 3) identify locations where the operation will be conducted; and 4) define the City contribution and fare structure; and further requiring that the final Agreement be subject to approval by the City Commission; and WHEREAS,on September 13, 2023,the City Commission adopted Resolution No. 2023-32746, approving the term sheet reflecting the essential business terms of a one (1)-year pilot program for water taxi service and authorizing the Administration to negotiate and execute the Agreement with Poseidon; and WHEREAS, on March 14, 2024, the Agreement between the City and Poseidon was executed. The Agreement provides for a one (1)-year pilot program at a cost to the City of$600,000. The service operates from/to the south side of Maurice Gibb Memorial Park(18 Street and Purdy Avenue, Miami Beach)and the Venetian Marina &Yacht Club, also known as Sea Isle Marina (1635 N. Bayshore Drive, Miami); and WHEREAS, pursuant to the Agreement, the water taxi pilot program service is scheduled to operate daily from 7:30 a.m. to 7:30 p.m., Monday through Sunday, with a one-hour service interruption daily from 2 p.m. to 3 p.m. due to personnel shift change; and WHEREAS, the City's $600,000 subsidy for the one (1)-year pilot program shall be paid in twelve (12) equal installments of$50,000. At the end of each calendar month during the Term (or on the last day of the Term if occurring prior to the end of the month), Poseidon shall submit an invoice to the City in the amount of$50,000 (pro-rated for any partial month) along with the required reports for the period of service rendered; and WHEREAS, the Administration and Poseidon held two (2) community meetings with the Sunset Harbour Neighborhood Association on March 27, 2024 and June 11, • Page 1734 of 2497 2024, respectively, to provide information and obtain community feedback on the one(1)- year pilot program; and WHEREAS, on June 17, 2024, Poseidon received a Business Tax Receipt("BTR") from the City for the operation of the water taxi service pursuant to the Agreement; and WHEREAS, on June 28, 2024, Poseidon obtained approval from the Miami-Dade County Division of Environmental Resources Management ("DERM") to operate a water taxi service between Miami Beach and Miami; and WHEREAS, on June 30, 2024, Poseidon launched the water taxi pilot program service at 7:30 a.m. from Maurice Gibb Memorial Park; and WHEREAS, pursuant to Section 13.4 of the Agreement, "failure of Concessionaire to operate the Program at the Concession Area for a period of time exceeding two (2) continuous days shall constitute a material default under this Agreement with no cure period"; and WHEREAS, since the commencement of the water taxi pilot program service on June 30, 2024, there have been two (2) instances where Poseidon has not been able to operate the water taxi service for more than two (2) consecutive days as a result of mechanical failures of the vessel. The first instance occurred from July 10 through July 14, resulting in five(5)days of no service; and the second instance occurred from August 7 through August 9, resulting in three (3) days of no service; and WHEREAS, on August 10, Poseidon was able to resume water taxi service utilizing a temporary spare vessel; and WHEREAS, on August 20 the water taxi service was suspended until further notice as the temporary spare vessel was not available; and WHEREAS, partial service interruptions occurred on July 4, July 6, July 15, July 16 and August 6 as a result of mechanical failures of the vessel, as well as on August 3 and August 4 due to adverse weather conditions caused by Tropical Storm Debby; and WHEREAS, the water taxi service has experienced multiple operational issues, including persistent air conditioning breakdowns, as well as customer service complaints with the cleanliness and appearance of the vessel, among others, all of which have been brought to Poseidon's attention by City staff on multiple occasions since the onset of the service; and WHEREAS, at the July 24, 2024 City Commission meeting, at the request of Vice- Mayor Alex Fernandez and Commissioners David Suarez, Tanya K. Bhatt and Joseph Magazine, the City Commission referred an item (C7 AH) to the July 26, 2024 FERC meeting to discuss terminating the Agreement with Poseidon due to several concerns 2 Page 1735 of 2497 with the service being provided, including a material default under the Agreement due to various days of service suspension; and WHEREAS, during the discussion at the July 26, 2024 FERC meeting, the Committee expressed their concerns with the existing Water Taxi Pilot Program service, including service reliability, service interruptions, and cleanliness and appearance of the vessel. As a result of these concerns, the Committee passed a motion recommending that the Administration terminate the Agreement with Poseidon and return to the September 11, 2024 City Commission meeting for consideration of the Committee's recommendation. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the Finance and Economic Resiliency Committee, at its July 26, 2024 meeting, directing the City Administration to terminate the concession agreement dated March 14, 2024, between the City Of Miami Beach and Poseidon Ferry LLC ("Poseidon") for the operation of a water taxi pilot program, due to Poseidon's material default. PASSED AND ADOPTED this // day of • ph / 2024. ATTEST: 7-W SEP 1 7 2024 Steven Meiner, Mayor "3." Rafael E. Granado, City Clerk .? '"' .�,y,,, 'tIHCORP ORMtDI (Sponsored by Commissioners Alex Fernandez and David Suarez '', ch?6;-,-' Co-sponsored by Commissioners Tanya K. Bhatt and Joseph Magazine) Co-Sponsored by Mayor Steven Meiner APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION ODD /She, City Attorney Di4 Date • 3 Page 1736 of 2497 Resolutions-C7 W • MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: September 11, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE FINANCE AND ECONOMIC RESILIENCY COMMITTEE, AT ITS JULY 26, 2024 MEETING, DIRECTING THE CITY ADMINISTRATION TO TERMINATE THE CONCESSION AGREEMENT DATED MARCH 14, 2024, BETWEEN THE CITY OF MIAMI BEACH AND POSEIDON FERRY LLC ("POSEIDON") FOR OPERATION OF A WATER TAXI PILOT PROGRAM, DUE TO POSEIDON'S MATERIAL DEFAULT. RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission")adopt this Resolution. BACKGROUND/HISTORY On March 27, 2023, at the request of Commissioner David Richardson, the Mayor and City Commission referred an Item(C4 N)to the Finance and Economic Resiliency Committee("FERC" or "Committee") to discuss implementing a water taxi/ferry service in the City of Miami Beach ("City"), and providing a potential subsidy for the program, in an effort to reduce the fares charged to passengers and promote an alternative mode of transportation between the cities of Miami Beach and Miami. During the May 24,2023 FERC meeting,the Committee discussed this item and passed a motion to proceed with a one (1)-year pilot program with Poseidon Ferry LLC ("Poseidon"), authorizing • the Administration to negotiate an agreement (the "Agreement") with Poseidon and work with Poseidon to identify the locations where the operations will be conducted, and recommending a waiver of the competitive bidding process, if required to do so, with the final City contribution and related terms, such as the discounted rates,to be determined in the Agreement. On June 28, 2023, the City Commission adopted Resolution No. 2023-32644, waiving, by 5/7th vote,the formal competitive bidding requirement and accepting the recommendation of the FERC, directing the Administration to: 1) negotiate a one (1)year Agreement with Poseidon; 2) identify funding; 3) identify locations where the operation will be conducted; and 4) define the City contribution and fare structure; and further requiring that the final Agreement be subject to approval by the City Commission. On September 13, 2023, the City Commission adopted Resolution No. 2023-32746, approving the term sheet reflecting the essential business terms of a one (1)-year pilot program for water taxi service and authorizing the Administration to negotiate and execute the Agreement with Poseidon. On March 14, 2024, the Agreement between the City and Poseidon was executed. The Agreement provides for a one(1)-year pilot program at a cost to the City of$600,000.The service operates from/to the south side of Maurice Gibb Memorial Park (18 Street and Purdy Avenue, Pae 1737 of 2497 Page 521 of 1377 Miami Beach) and the Venetian Marina & Yacht Club, also known as Sea Isle Marina (1635 N. Bayshore Drive, Miami). Pursuant to the Agreement, the water taxi pilot program service is scheduled to operate daily from 7:30 a.m.to 7:30 p.m., Monday through Sunday, with a one-hour service interruption daily from 2 p.m.to 3 p.m. due to personnel shift change. • The City's $600,000 subsidy for the one (1)-year pilot program shall be paid in twelve (12)equal installments of$50,000. At the end of each calendar month during the Term (or on the last day of the Term if occurring prior to the end of the month), Poseidon shall submit an invoice to the City in the amount of$50,000 (pro-rated for any partial month) along with the required reports for the period of service rendered. The Administration and Poseidon held two (2) community meetings with the Sunset Harbour Neighborhood Association on March 27, 2024 and June 11, 2024, respectively, to provide information and obtain community feedback on the one (1)-year pilot program. On June 17, 2024, Poseidon received a Business Tax Receipt ("BTR") from the City for the operation of the water taxi service pursuant to the Agreement. On June 28, 2024, Poseidon obtained approval from the Miami-Dade County Division of Environmental Resources Management("DERM")to operate a water taxi service between Miami Beach and Miami. On June 30, 2024, Poseidon launched the water taxi pilot program service at 7:30 a.m. from Maurice Gibb Memorial Park. At the July 24, 2024 City Commission meeting, at the request of Vice-Mayor Alex Fernandez and Commissioners David Suarez, Tanya K. Bhatt and Joseph Magazine, the City Commission referred an item(C7 AH)to the July 26,2024 FERC meeting to discuss terminating the Agreement with Poseidon due to several concerns with the service being provided, including a material default under the Agreement due to various days of service suspension. ANALYSIS Pursuant to Section 13.4 of the Agreement, "failure of Concessionaire to operate the Program at the Concession Area for a period of time exceeding two (2) continuous days shall constitute a material default under this Agreement with no cure period." it is important to note that since the commencement of the water taxi pilot program service on June 30, 2024, there have been two (2) instances where Poseidon has not been able to operate the water taxi service for more than two (2) consecutive days as a result of mechanical failures of the vessel. The first instance occurred from July 10 through July 14, resulting in five (5) days of no service; and the second instance occurred from August 7 through August 9, resulting in three (3) days of no service. On August 10, Poseidon was able to resume water taxi service utilizing a temporary spare vessel. Unfortunately, on August 20 the water taxi service was suspended until further notice as the temporary spare vessel was not available. Additionally, partial service interruptions occurred on July 4, July 6, July 15, July 16 and August 6 as a result of mechanical failures of the vessel, as well as on August 3 and August 4 due to adverse weather conditions caused by Tropical Storm Debby. Furthermore, the water taxi service has experienced multiple operational issues,including persistent air conditioning breakdowns,as well as customer service complaints with the cleanliness and appearance of the vessel, among others, all of which have been brought to Poseidon's attention by City staff on multiple occasions since the onset of the service. PF�a�e 522012497 During the first 30 days of the water taxi pilot program service, the fares were waived for Miami Beach residents and City employees. As requested by Commissioner Tanya K. Bhatt during the discussion at the July 26, 2024 FERC meeting, Poseidon waived the fares for Miami Beach residents and City employees through August 5, 2024, to account for the five (5) days of service suspension from July 10 through July 14. During the discussion at the July 26, 2024 FERC meeting, the Committee expressed their concerns with the existing Water Taxi Pilot Program service, including service reliability, service interruptions, and cleanliness and appearance of the vessel. As a result of these concerns, the Committee passed a motion recommending that the Administration terminate the Agreement with Poseidon and return to the September 11, 2024 City Commission meeting for consideration of the Committee's recommendation. Since the inception of the water taxi pilot program on June 30, 2024 through July 31, 2024, excluding the five(5)days of no service during the month of July 2024,a total of 1,627 passengers have utilized the water taxi service. This yields an average daily ridership of approximately 60 passengers, or approximately three (3) passengers per trip per day. The ridership breakdown is as follows: • Miami Beach Residents/City Employees: 1,131 • Non-resident Adults: 286 • Children (under 12 years old): 194 • Seniors/Military: 16 From August 1, 2024 through August 31, 2024, excluding the 15 days of no service during the month of August, a total of 233 passengers have utilized the water taxi service. This yields an average daily ridership of approximately 15 passengers,or fewer than one (1)passenger per trip per day. The ridership breakdown is as follows: • Miami Beach Residents/City Employees: 131 • Non-residents Adults: 75 • Children (under 12 years old): 23 • Seniors/Military: 4 Attachment A includes the Monthly Reports for July and August on the Water Taxi Pilot Program which provide an in-depth analysis of the Program since inception, including ridership data, service interruptions, and on-time performance metrics. FISCAL IMPACT STATEMENT The cost(to the City) associated with the operation of the one(1)-year Water Taxi Pilot Program service ($600,000) is included in the Transportation and Mobility Department's Fiscal Year 2023/2024 Operating Budget. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https:llwww.miamibeachfl.govlcity-halllcity-clerk/meetinq-notices( FINANCIAL INFORMATION $600,000/ 106-9615-000349-30-403-529-00-00-00- Page 1739 of 2497 Page 523 of 1377 CONCLUSION After reviewing the operational challenges, including the repeated service interruptions, mechanical failures, and ongoing customer service issues, the FERC expressed significant concerns regarding viability of the Water Taxi Pilot Program. As such, the Committee passed a motion recommending that the Administration terminate the Agreement with Poseidon and return to the September 11, 2024 City Commission meeting for acceptance of the Committee's recommendation. The Administration recommends that the City Commission adopt this Resolution terminating the Agreement with Poseidon. Applicable Area South Beach Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec. 2-481, includes a principal engaged in lobbying? No If so, specify the name of lobbyist(s) and principal(s): Department Transportation and Mobility Sponsor(s) Commissioner Alex Fernandez Commissioner David Suarez Co-sponsor(s) Commissioner Tanya K. Bhatt Commissioner Joseph Magazine Condensed Title Accept Recommendation, Terminate Concession Agreement w/Poseidon Ferry LLC. (AF/DS/TB/JM)TR % e4 0o?f12 97 Monthly Summary. Report Date:August 9, 2024 Month:June and July'24 I.RIDERSHIP Fare Type Number of Passengers MB Residents 1,131 Non-Residents 286 Children under 12 194 Senior Citizens/Disabled/Military 16 Commuters - TOTAL: 1,627 H.ON-TIME PERFORMANCE . Total Trips Scheduled: 704 !# 0/3 Total trips departed on time 557 79.1% Total trips departing more than 5 minutes late 14 2.0% Total trips cancelled 133 18.9% III.SAFETY INCIDENTS/ACCIDENTS: l No Yes Non-major safety occurences: x 0 Major safety event: x 0 Pae 5Z5 0x1377 7 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O m m n Ln N N N Y2 N N N N N N N N N N N N N N N N N N N N N N O O Z Z Z 2 Z Z Z x Z Z Z Z Z Z Z Z S Z z x S Z x z Z Z Z x Z E22 =21' 21—;";;;;V;1.2 - N N N N N N N N N N .a 2 2 2 Z 2 L Z 2 Z Z Z Z Z 2 2 Z Z Z 2 Z 2 L Z 2 2 2 2 z e a F m z x z z z x z z z z z z z z z z z z z z z 2 z z z z z z e 0 2 Z z z z z z x z z z z z z a z x Z z a Z z z z z z z x x x O O '0;—;;—;V;';2';'2221;—:,- 22';;";;22 -N N N N N N N N z z x z z z z *!1' 222';';222;22;221- 222';2';—;;- -N N N N N N N N N N N N N N N N N N N N N N N N N N N ,�z x x x z x z x z x z z x z x z z x z z z x x z z x z x x m N N N N N N N N N N N N N N N N u u N N N N N N w 2 S Z Z Z 2 Z Z Z S Z x Z S x Z S x 2 Z x 2 Z x Z x N N N L. 0;22 —= ;1—= 1—.—;; 222;221'40 2 2 Z Z O m O N N N N N N N Z N N N N N N N N N N N N N N N N N N V f z z z z z z z z z z x z z x z z z z z z a z z z z z z z z a �F CSP 0 N N N N N N N N N N N N N N N N N N N N N N N O •u M x z z z x z z z z z z z z x z x x x z z z a z x i z z z z O o Q. 2g2;211—;2; 4 2 N N N N N N N N N N N N N N N N 2 N N N 2 N N N N 2 N N 0 O N Z 2 Z Z x 2 2 Z Z 2 Z 2 2 2 2 2 2 2 2 2 x 2 2 2 Z Z L T,.x m T N N Z N N N N N N.'N N N N N N N N N N N N N N N N N H 2 x 2 2 2 2 2 Z S 2 2 2 2 Z x 2 2 x 2 2 2 Z Z 2 2 7.' 2 2 0 fRxxzzxxxzzzzzz zzzzzzx¢z ��ezz� z= '" '" m S0 N N N N N N N N N N N N N Yj /L.N N N N N N N E w x E f z z x z x x x x x z z z� z z z z z x x x z i x '^ m„O, NNNN N N NNN N N NNN N N N N g N N N N N N r Z Z Z Z 2 4 z 2 z x Z x x Z Z z x Z 2 x P S Z z z Z a z z g ^ 2!,11—;1—;=";"; ; ;;; ;;=.:1—;; ‘, O ;7522 -;—;=2221=;—;—;222- O N N N N N N N N N N N N N N N N N N N N Z�g Z z x Z Z Z x x x x Z Z Z x Z = x Z z Z Z 2 x x Z Z z x Z o O m Z Z L Z Z 2 Z x Z Z x Z Z x Z Z x Z Z Z 2 Z Z Z Z Z Z Z S m T N N NNNNN N N N N N N N NNN N N N N ,; z x z z z x x z z x z x x a x x x z z z x x x x z z x@ z e v Ov va v v v v v e v e a v a v e v v v v o v e v "a a o o c e o 0 0 0 0 0 0 o a o o`A o g o e q o C M N m a o C C C m q e i m m 1ONN.Dd O:Gb i3u;3e3.ouu mu3,o 3333333 i 30 y G 1 ?6 0 Rm f �gggg9m d � n s'" E-G 1 B e _ammo_ . 0 0 0 0 0 0 w P • 0 0 0 0 0 0 • i 3 0 0 0 0 r o a 00000_ . . 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IS m 0 0 0 0 Monthly Summary Report Date:September 3, 2024 Month:August'24 I.RIDERSHIP Fare Type Number of Passengers MB Residents 131 Non-Residents 75 Children under 12 23 Senior Citizens/Disabled/Military 4 Commuters - TOTAL: 233 II.ON-TIME PERFORMANCE Total Trips Scheduled: 682 Total trips departed on time 325 47.7% Total trips departing more than 5 minutes late 0 0.0% Total trips cancelled 357 52.3% III.SAFETY INCIDENTS/ACCIDENTS: No Yes # Non-major safety occurences: x 0 Major safety event: x 0 P1 earl3/77 seg MI - 2ZzEgs frlz= 8 = E`e1 EEEE 2Z 3 5 B S 0. 31 36 0333 $'okeeeooA un.moo0 eoo'e eee.eo p" tl tltlCd CCtlCtldBtl�WdC . 5" 5555 eases"ee888888888888 „ gee 8e 8888�e�"eeeeee888828888888 �e."3e 333"_a_e^_-4-3336 " =5"588- 8 C d C d d d d d d d u U 8 y s V V V U V V,1 UM 3 3 5 q111_ acncnnzsnn�titl 2 p 3 SSSS 3333353333 3g..0. W Z 0 0 2 0 0 0 2 0 1 0 a L 2 2 O O O e e e".e i i i i i i i « ` 3 5335 333535353833 .YF s8".E_ .6daE_"_e0ee_e tlddcdticctltl6? 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CNN • Bike C7 AH A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE ADMINISTRATION TO TERMINATE THE CONCESSION AGREEMENT DATED MARCH 14, 2024, BETWEEN THE CITY OF MIAMI BEACH AND POSEIDON FERRY LLC (POSEIDON) DUE TO POSEIDON'S MATERIAL DEFAULT. Applicable Area: PPadgge 540 of 13777 Resolutions -C7 AH MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: City Attorney Ricardo J. Dopico DATE: July 24, 2024 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, DIRECTING THE ADMINISTRATION TO TERMINATE THE CONCESSION AGREEMENT DATED MARCH 14,2024,BETWEEN THE CITY OF MIAMI BEACH AND POSEIDON FERRY LLC (POSEIDON) DUE TO POSEIDON'S MATERIAL DEFAULT. • RECOMMENDATION BACKGROUND/HISTORY ANALYSIS The attached Resolution was prepared at the request of the sponsors, Commissioner Alex Fernandez and Commissioner David Suarez. FISCAL IMPACT STATEMENT The sponsors of this item request that the Administration be prepared to address the fiscal impact of this proposed measure, if any. Does this Ordinance require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate(BIE)was published on . See BIE at: https://www.miamibeachfl.govlcity-halllcity-clerk/meetinq-notices/ FINANCIAL INFORMATION CONCLUSION Applicable Area Citywide Page 1757 of 2497 Page 541 of 1377 Is this a "Residents Right to Know" item, Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? No No Was this Agenda Item initially requested by a lobbyist which, as defined in Code Sec.2-481, includes a principal engaged in lobbying? No if so, specify the name of lobbyist(s) and principal(s): Department City Attorney Sponsor(s) Commissioner Alex Fernandez Commissioner David Suarez Co-sponsor(s) Commissioner Tanya K. Bhatt Commissioner Joseph Magazine Condensed Title Direct Admin. to Terminate Concession Agmt w/Poseidon Ferry LLC. (Fernandez/Suarez/Bhatt/Magazine) CA Page 1758 of 2497 Page 542 of 1377 OFFICE OF THE CITY ATTORNEY F L 0 R I D A RICARDO J. DOPICO * *' Telephone: 305 673-7470 4h t � �.� . ( ) City Attorney �qRtiai;:�= Facsimile: (305) 673-7002 titin. September 16, 2024 Via Federal Express Mail and Mr. Johnathan Silvia, CEO E-Mail: isilvia@poseidonferry.com Poseidon Ferry, LLC 400 S.E. 2nd Avenue Miami, FL 33131 Re: Concession Agreement between the City of Miami Beach (the "City") and Poseidon Ferry, LLC, a Delaware limited liability company (the "Concessionaire") dated March 14, 2024 (the "Agreement") for the Turnkey Implementation, Management, Operation (including Dock Operations) and Maintenance of a Waterborne Transportation Services Pilot Program. Notice of Default Dear Mr. Silvia: Pursuant to Section 13.4 (Failure to Operate) of the Agreement, "failure of Concessionaire to operate the Program at the Concession Area for a period of time exceeding two (2) continuous days shall constitute a material default under this Agreement with no cure period." It is important to note that since the commencement of the water taxi pilot program service, on June 30, 2024, there have been three (3) instances where Poseidon has not been able to operate the water taxi service for more than two (2) consecutive days as a result of mechanical failures of the vessel. The first instance occurred from July 10th through July 14th, resulting in five(5)days of no service; the second instance occurred from August 7th through August 9th, resulting in three (3) days of no service; and the third instance occurred when Concessionaire suspended the water taxi service as of August 20, 2024 until further notice. Please consider this communication as formal notice, that pursuant to Section 13.4 of the Agreement, the City is hereby terminating the Agreement as of the date of receipt of this letter ("Termination Date"), subject to survival of any and all provisions of the Agreement intended to survive termination of the Agreement. In addition to termination of the Agreement, the City reserves the right to pursue any and all remedies available under the Agreement, in equity and at law in connection with any of Concessionaire's defaults under the Agreement. 1700 Convention Center Drive—Fourth Floor—Miami Beach, Florida 33139 Page 1759 of 2497 Termination Letter to Poseidon Ferry, LLC September 16, 2024 Page 2 Since Concessionaire is no longer authorized to operate the water taxi services from the Concession Area as of the Termination Date, pursuant to Section 13.7 (Surrender of Concession Area/Removal by Concessionaire of Equipment/Improvements) of the Agreement, Concessionaire, at its sole cost, is hereby required to return the Concession Area to the City in the same condition as the Concession Area was in prior to the Commencement Date, reasonable wear and tear excepted, and remove all equipment and Concession Area Improvements from the Concession Area. Should you have any questions, please do not hesitate to contact Mikhail Ryabov, P.E., the Transportation & Mobility Department Transportation Manager at 305-673-7000 Ext. 26831. Kindly Govern Yourself Accordingly. Sincerely, 1;4- Wa4(4. Gisela Nanson Torres Senior Assistant City Attorney C: Via U.S. Mail: Mr. Johnathan Silvia, CEO Poseidon Ferry, LLC P.O. Box 1567 Ormond Beach, FL 32175 Via E-mail only: Ricardo J. Dopico, City Attorney Jose Gonzalez, Transportation & Mobility Department Director Rickelle Williams, Assistant City Manager Eric T. Carpenter, City Manager 1700 Convention Center Drive—Fourth Floor—Miami Beach, Florida 33139 Page 1760 of 2497