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MOU between the CMB and Water Taxi of Fort Lauderdale, LLC for Water Taxi Services During Art Week 2025 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 � O�� .�� :5 t 1/ 1 � t�11 V i I ��/"'1� � MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND WATER TAXI OF FORT LAUDERDALE LLC FOR WATER TAXI SERVICES DURING ART WEEK 2025 ':� _ , : This Memorandum of Understanding (the/this "MOU") is made and entered into this --�� day of �� , 2025, by and between the City of Miami Beach, �-- ----- ____-- Florida, a municipal corporation organized under the laws of the State of Florida (hereinafter the "City"), and Water Taxi of Fort Lauderdale LLC, a Florida limited liability company (hereinafter "Concessionaire")(collectively, the "Parties"). 1. Purpose This MOU confirms the understanding between the City and Concessionaire for the provision of complimentary passenger water taxi service during Art Week 2�25, between the Purdy Dock(as defined herein) in the City of Miami Beach and the Venetian Dock (as defined herein) in the City of Miami (the "2025 Art Week Water Tax Services"). The Concessionaire shall operate the-2025 Art Week Water Tax Services along the designated route described below and shall at all times maintain the insurance coverages set forth in Exhibit "1", attached hereto. 2. Dates of Operation The 2025 Art Week Water Tax Services shall operate for seven (7) days, from December 1 through December 7, 2025 (the "Term"). 3. Route and Dock Locations The 2025 Art Week Water Tax Services shall operate between the following locations: • Purdy Dock(Maurice Gibb Memorial Paric)- 18th Street & Purdy Avenue. Miami Beach, FL 33139 (the "Purdy Dock" or"Concession Area")) • Venetian Marina & Yacht Club (the "Venetian Uock")- 1635 N. Bayshore Drive, Miami, FL 33132 The Concessionaire shall be responsible for all arrangements, including docking fees and required permits, at the Venetian Dock. The Purdy Dock and the Venetian Dock may be collectively referred herein to as the "Docks" Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 �3 . . ., -� . �;, a. ,-. . �� .. '� .�' �� f � �'�'*�' � ` •�y '' `�'.� �' x��,� � ;� �,;:, �.: . � •� :�- �?'� ,+��i �,t z � ,�'�r :�4'° ' �ir` �; '�� '�fi" a • „�4�+'..' �,� . ';wr: " . � !� �''��` .�� '{�� r�Y�-� «, �, _ ,a : �� ,. � � ;j� `I.. � ��VenetianMan� /�° � '""�`��'"'� .� P�,r D�c�, � '� ��p;�.��,.,,>: • � t M. :*. `� d u �3�-.,' �'�+�� .,�r�"�� °� � V�� y .�. �. , �� .-:}w r. • .M' �,+..- ti x .�� ti �4 '� �`� }t�,�� , -h . �' � �� .� ° � �:� � �i'�:� ;��5m' � ,�%�.� '�� , .., , � � t y�. �a`1'4 .�.I I '� s � �S ..�... .�r t J {.�J /� i �' � ��1 i �X � . ,y. _ �:.� ` ��, �� „'f ~� �� _ .. '��:'t r��_ �� -� � �� ,F. Y � - ,, . � . , �. . _ X � T'.'t y�r� -�' d . .. . , 4 .1 . � �.�' � . y q.!��t�Iy� � ��i . . �..�$~ � . '� . T—., �^ ��£ . , f ��• � � y . ,.... � i�� a �� ,. k 4 `�x �' 4`S. � ,�. .,�,b�. � ,. ��+� ' ;. � �:_ ... - .,._ .. �~ Y � ��.' . ..i y",�:� 4. Hours of Operation Service hours shall be as follows: • Monday- Saturday: 10:00 AM to 11:59 PM • Sunday: 10:00 AM to 10:00 PM 5. Frequency of Service The service shall operate with approximately 10-15 minute headways, increasing vessel frequency during peak hours (see be�ow). • "Off-Peak Hours": Monday- Tuesday(all day) • "Peak Hours": Wednesday - Sunday (all day) 6. Fare No fare shall be charged to passengers. The service shalf be provided free of charge to the public. 7. Vessels Service shall be performed using up to seven (7) USCG-certified passenger vessels, each with a minimum passenger capacity of 49, enclosed restroom, and docks will be ADA-compliant to the edge of the dock. A list of the approved vessels is described in Exhibit"5", attached hereto. 2 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 Fc�ur (4) enciosed ves5els during Uff f'eak Hours ar�d seven (7) vesse�s during f'cak Huurs. A backup vessel of comparable capacity shali be available in the event of a mechanical failure with 6 hours notice. Vessel Specifications� • Passenger Capacity: Forty-Nine (49) passengers • Crew: one (1) licensed Captain and one(1) Deckhand • Appraximate Length: 42'0" • Approximate Breadth (Width): 11'3" • Approximate DrafUDraught (Depth): 3'2" .rt �.1� !: . �� ... '•�,+.. ` i w 1� � � �� , � , i _�.i . . .�� , ._ ' �� "�if1.�a=,� ,r�� ; ,:� . _—�, � ��I � . . � , ' � ..� R� ' . K'� . .�� .. .�-Y . . ...... � . . �M„ . ,, ....,� . _y �� .y�,� � , :.'`�.%:�; �. dR•,� � .� n �. �• � � ✓ 1 ''r ��.,.. +�'f r^" w,, �� .. e � � t , . .. � � . _.... - , _ �� ` „* � �s �.—._.__. _..___ . -�-.�.,,....�,,,,. ...__-__ --•—r.--`. _ __.___._____._ _____.____._.__.,. , ___ <.,......___..,._....._..,�..--�.,e ...._ .. '�� UAi! `�:_. . _�,��k'�� , � i`� � �.. , ��, �' r ,.,- .. �� ,� � �;' � 8. Staffing Each vessel shall be crewed by one (1) licensed Captain and one (1) Deckhand at all times. Afl crew shall be properly trained in passenger safety, emergency response, and ADA assistance. 3 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 The Concessionaire shall designate a Dock Masters, who shail remain onsite a# both Docks throughout operating hours. Concessionaire wili designate a Manager On Duty(MOD)which will be the City's primary source of contact, Dock Masters work for the MOD. City wili designate a primary point of contact. 9. Indemnification In consideration of a separate and specific consideration of Ten ($10.00} Dollars and other good and valuable conside�ation the receipt and su�ciency of which are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its officials, directors, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limiked to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property,which may arise or be alleged to have arisen from: (1}wholly or in part from the negligent acts, errors, omissions or other misconduct of Concessionaire, its officers, director, members, employees, agents, contractors, subcontractots, or any other person or entity acting under Concessionaire's control or supervision; (2)Concessionaire's breach of the terms of this MOU or its representations and warranties herein; (3) #he operation of the 2025 Art Week Water Tax Services; or(4)the use of the Docks or the vessels by the City, its employees, guests, (licensees or invitees) or the general public. To that extent, Concessionaire shall pay all such claims and losses and shall pay all such cosks and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. 10. Compliance with �aws Concessionaire shalf comply with all applicabfe federal, skate, and local laws and U.S. Coast Guard regulations governing water taxi operations, including, without limikation, the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance. 11. Compensation The City shall compensate the Concessionaire a lump-sum amount of One Hundred Ninety- Nine Thousand One Hundred Ninety-Two Dollars ($199,192.00)for providing all services described in this MOU, inclusive of vessels, crew, fuel, insurance, docking fees, and all other operational costs for the 2025 Art Week Water Tax Services upon completion of the Term, submission of an approved invoice and the report for the 2025 Art Week Water Tax Services. Payment will be within 7 days of completion of contract. December 14, 2025 12. Service Expectations The following expectations apply to the Concessionaire in connection with the operation of the Art Week 2025 Water Taxi Services: 12.1 Sanitation: The interior and exterior of all Program Vessels are expected to be maintained in pristine condition at all times. 12.2 Reporting: All required reports, including ridership reports, service interruption reports, and invoices, are expected to be submitted by December 10, 2025. 12.3 Safety: The licensed captains to comply with all applicable navigational and safety regulations at all times. 4 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 12.4 Regulatory Compliance: The Concessionaire is to operate and manage the Program Vessels in a manner that prevents any penaities, fines, or violations from being imposed on the City by local, state, or federa! agencies. 12.5 Equipment Malfunction: Any Program Vessel experiencing a maifunction related to vessel or passenger safefy must be removed from service immediately, with notice provided to the City's Contract Manager within two (2} hours of discovery. Failure to operate the Art Week 2025 Water Taxi Services at any Porf for rnore than two (2) consecutive days shail be cansidered a material default under this MOU and may result in immediate termination. 93. No Advertising No advertising shall be permitted on the vessels during the operation of the 2Q25 A�t Week Water Tax Services. 14 . Music Only ambient music shall be permitted on the vessels during the Hours of Operation for the 2025 Art Week Water Tax Services. At the City Manager's discretion, upon providing Concessionaire with written notice, music shalE not be played during Hours of Operation for the 2025 Art Week Water Tax Services. 15. Reports Concessionaire shal! maintain a daily log of the following information: 1. Ridership by sailing 2. Departure times from each Dock 3. Number of incidents/complaints A summary will be praduced by December 10, 2025, by the close of business. 96. Inspection and Audit Concessionaire shall maintain its financial records pertaining to its operations at the Docks during the 2�25 Art Week Water Tax Services and for a period of three (3) years affer the expiration or other termination of this MOU, and such recards shall be open and available to the City Manager or his designee, as deemed necessary by them. The City shalf be responsible for paying all costs associated with such audits, unfess the audit(s) reveals a deficiency of five(5%}percent or more in Concessionaire's statement of Gross Receipts for advertising revenues for any year or years audited, in which case Concessionaire shall pay to the City, within thirty (30) days of the audit being deemed final by the City, the cost of the audit and a sum equal to the amount of the deficiency reveafed by the audit, plus interest.These audits are in addition to periodic audits by the City of Resort Tax collections and payments, which are performed separately. Nothing contained within this section shall preclude the City's audit rights 5 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 for Resort Tax collection purposes. 17. Taxes, Assessments, Licenses A. Taxes Concessionaire agrees and shall pay before delinquency all taxes {including but not limited to Resort Taxes) and assessments of any kind levied or assessed upon the Concession Area or the Venetian Dock and/or on Concessionaire by reason of this MOU, or by reason of Concessionaire's business and/or operations within a Concession Area or the Venetian Dock. Concessionaire will have the right, at its own expense, to contest the amount or validity, in whole or in part, of any tax by appropriate proceedings diligently conducted in good faith. Concessionaire may refrain from paying a tax to the extent it is contesting the impasition of same in a manner that is in accordance wifh law. However, if, as a result of such contest, additional delinquency charges become due, Concessionaire shall be responsible for such delinquency charges, in addition to payment of the contested tax, if so ordered. B. Procedure If Ad Valorem Taxes Assessed If ad valorem taxes are assessed against the Concession Area (or any portion thereof} or the Venetian Dock by reason of Concessionaire's business and/or operations thereon, Concessionaire shall be solely responsible for prompt and timely payment of same. C. Licenses Concessionaire shall also be so(ely responsible (at its sole cost and expense} for obtaining and maintaining current any applicable licenses or permits, as required for the operations contemplated in this M�U including, withouf limitation, any occupational licenses required by law for the proposed uses contempiated in Section 3; the U.S. Coast Guard licenses for capfains and the Certificates of Inspection for the vessels; the State of Florida license; the Department of Environmental Resources Management (DERM) Marine Operational Permit, and any applicable City licenses. 18. Personnel Background Checks Contractor shall comply with the requirements of Section 435.04, �lorida Statutes ("Section 435.04") and ensure that only those employees who have successfully passed the background screening required by Section 435.04, and who meet the standards established by Section 435.04, to be alfowed to perform the 2025 Art Week Water Tax Services under this MOU. 19. Duty of Care With respect to fhe 2025 Art Week Water Tax Services, Concessionaire shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 6 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 20. DefaulUTermination Provisions A. Termination For Cause (f the Concessionaire shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations under this MOU, the City, through its City Manager, shall thereupon have the right to terminate this MOU for cause. Prior to exercising its option to terminate for cause, the City shall notify thE Concessionaire of its violation of the particular term(s) of this MOU, and shall grant Concessionaire two (2) working days #o cure such default. !f such default remains uncured after two (2) working days, #he Cify may terminate #his MOU without further notice to Concessionaire. Upon termina#ion, the City shall be fulfy discharged from any and all liabilities, du#ies, and terms arising out of, or by virtue of, this MOU. Notwithstanding the above, the Concessionaire shall not be relieved of liabifity to the City for damages sustained by the City for any breach of the MOU by the Concessionaire. The City, at its sole option and discretion, shafl be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's rights and remedies against Concessionaire. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. B. Termination for Convenience of the City THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR 1TS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE MOU AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONCESSIONAIRE �F SUCH TERMINATION; WHICH SHALL BECOME EFFECTiVE WITHIN TWO (2) WORK(NG DAYS FQLLOWING RECEIPT BY TNE CONCESSIONAIRE OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTFi, WELFARE OR SAFETY CONCERN, AS DETERMINED BY THE CITY MANAGER, IN THE CITY MANAGER'S SOLE DISCRETION, THE CITY MANAGER, PURSUANT TO A VERBAL OR WRITTEN NOTIFICATION TO CONCESSIONAIRE, MAY IMMEDIATELY SUSPEND THE SERVlCES UNDER TNIS MOU FOR A TIME CERTAIN, OR !N THE ALTERNATIVE, TERMINATE THIS MOU ON A GIVEN DATE. IF THE MOU IS TERMINATED FOR CONVENIENCE BY THE CITY, CONCESSIONAIRE SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES,AND TERMS ARISING OUT OF,OR BY VIRTUE OF,THIS MOU. C. Surrender of DockslConcession ArealSubstitute Performance Upon expiration, or earlier termination of this MOU, Concessionaire shal! surrender the Concession Areas in the same condition as the Concession Areas were prior to the Commencement Date, reasonabte wear and tear excepted. 7 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 In the event that the Concessionaire fails to properly perform the removal of any equipment and restoration of the Concession Areas to their original condition in accordance with the terms of the MOU, then the Cify shall have the right to undertake and/or purchase,as the City Manager deems appropriate, any such supplies, materials, services, etc., covered herein and to charge Concessionaire for all actual costs thereby incurred by the City. Concessionaire shall be responsible for paying all of said costs. 21. Inspector General Audit Rights A. Pursuant to Article IX of the Charter of the City of Miami Beach and Section 2-256 of the Code of the City of Miami Beach, the City has established the Office of the Inspector General which may, on a random basis, perform reviews, audits, inspections and investigations on all City contracts, throughout the duration of said contracts. This random audit is separate and distinct from any other audit performed by or on behalf of the City. B. The Office of the Inspector General is authorized to investigate City affairs and empowered to review past, present and proposed City programs, accounts, records, contracts and transactions. In addition, the Inspector Generaf has the power to subpoena witnesses, administer oaths, require the production of witnesses and monitor City projects and programs. Monitoring of an existing City project or program may include a report concerning whether the project is on time, within budget and in conformance with the contract documents and applicable law. The Inspector General sha(I have the power to audit, investigate, monitor, oversee, inspecf and review operations, activities, performance and procurement process incfuding but not limited to project design, bid specifications, (bid/proposal} submittals, activities of Concessionaire, its officers, agents and empfoyees, fobbyists, City sta�f and elected o�ficials to ensure compliance with the contract documents and to detect fraud and corruption. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage o#its overall annual contract expenditures to fund the activities and aperations of the Office of Inspector General. C. Upon ten {10) days written notice to Concessionaire, Concessionaire shail make all requested records and documents available to the Inspector General for inspection and copying. The Inspector General is empowered to retain the services of independent private sector auditors to audit, investigate, monitor, oversee, inspect and review operations activities, performance and procurement process including but not limited to project design, bid specifications, {bid/praposal) submittals, activities of Concessionaire, its officers, agents and employees, lobbyists, City staff and elected officials to ensure compliance with the contract documents and to detect fraud and corruption. D. The Inspector General shall have the right to inspect and copy all documents and records in Concessionaire's possession, custody or controf which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate 8 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financiai documents, construction documents, {bid/proposal) and contract documents, back-change documents, all documents and records which involve cash, trade or volume discounts, insurance proceeds, rebates, or dividends received, payroil and personnel records and supporting documenta#ion for the aforesaid documents and records. E. Concessionaire shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation)and performance of fhis MOU, for examination, audit, or reproduction, until three {3) years after final payment under this MOU or for any longer period required by statute or by other clauses of this contract. In addition: i. If this MOU is completely or partially terminated, Concessionaire shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. Concessionaire shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this MOU until such appeals, fitigation, or claims are finally resolved. F. The provisions in this section shafl apply to Concessionaire, its officers, agents, employees, subcontractors and suppliers. Concessionaire shail incorporate the provisions in fhis section in all subcontracts and all other agreements executed by Concessionaire in connection with the performance of this MOU. G. Nothing in this section shall impair any independent right to the Cify to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any fiability on the City by Concessionaire or third parties. 22. Conflict of Interest Concessionaire herein agrees to adhere to and be governed by all applicable Miami-Dade Counfy Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami-Dade County Code, as may be amended from time to time; and by the City of Miami Beach Cha�ter and Code, as may be amended from time to time; both nf which are incorporated by reference as if fully set forth herein. Concessionaire covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. Concessionaire further covenants that in the performance of this MOU, Concessionaire shall not employ any person having any such interest. 9 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 23. Force Majeure A. A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Concessionaire or the City's obiigations under the MOU, and (ii) is beyond the reasonable control of such pa�ty unable to perform the obligation, and (iii) is not due to an intentional act, error, omission, or negligence of such party, and (iv) could not have reasonably been foreseen and prepared for by such party at any time prior to the occurrence of the event. Subject to the foregoing criteria, Force Majeure may include events such as war, civil insurrection, riot, fires, epidemics, pandemics, terrorism, sabotage, explosions, embargo restrictions, quarantine restrictions, transportation accidents, strikes, strong hurricanes or tornadoes, earthquakes, or other acts of God which prevent perFormance. Force Majeure shall not include technological impossibility, inclement weather, or failure to secure any of the required permits pursuant to the MOU. B. If the City ar Concessionaire's performance of its contractual obligations is prevented or delayed by an event believed by to be Force Majeure, such party shall immediately, upon learning of the occurrence of the event or of the commencement of any such delay, but in any case within fifteen (15) business days thereof, provide notice: (i)of the occurrence of event of Force Majeure, (ii) of the nature of the event and the cause thereof, (iii) of the anticipated impact on the MOU, {iv) of the anticipated period of the delay, and {v)of what course of action such party plans to take in order to mitigate the detrimental effects of the event. The timely delivery of the notice of the occurrence of a Force Majeure event is a condition precedent to allowance o#any relief pursuant to this section; however, receipt of such notice shall not constitute acceptance that the event claimed to be a Force Majeure event is in fact Force Majeure, and the burden of proof of the occur�ence of a Force Majeure event shall be on the requesting party. C. No party hereto shall be liable for its failure fo carry out its obligations under the MOU during a period when such party is rendered unable, in whole or in part, by Force Majeure to carry out such obligations. The suspension of any of the obligations under this MOU due to a Force Majeure event shall be of no greater scope and no longer duration than is required. The party shall use its reasonable best efforts to continue to perform its obligations hereunder to the extent such obligations are not affected or are only partially affected by the Force Majeure event, and to correct or cure the event or condition excusing performance and otherwise to remedy its inability to perform to the extent its inability to perForm is the direct resuft of the Force Majeure event with all reasonable dispatch. D. Obligations pursuant to the MDU that arose before the occurrence of a Force Majeure event, causing the suspension of performance, shall not be excused as a result of such occurrence unless such occurrence makes such performance not reasonably possible. The obfigation to pay money in a timely manner for obligations and liabilities which matured prior to the occurrence of a Force Majeure event shall not be subject to the Force Majeure provisions. E. Notwithstanding any other provision to the contrary herein, in the event of a Force Majeure occurrence, the City may, at the sole discretion of the City Manager, suspend the City's payment obligations under the MOU,and may take such action without regard to the notice 10 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 requirements herein. Additionafly, in the event that an event of Force Majeure delays a party's performance under the MOU for a time period greater than thirty(30)days, the City may, at the sole discretion of the City Manager, terminate the MOU on a given date, by giving written notice to Concessionaire of such terminakion. ff the MOU is terminated pursuant to this section, Concessionaire shali be paid for any Services satisfactorily performed up to the date of termination; following which the City shall be discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this MOU. In no event will any condition of Force Majeure extend this MOU beyond its stated term. F. Waiver of Loss from Hazards The Concessionaire hereby expressly waives all c(aims against the City for (oss or damage sustained by the Concessionaire resulting from any Force Majeure contemplated in Section 12 or any ofher interruption of the operation of the Program, including, without Iimitation, any City maintenance or construction activity at fhe Park, and the Concessionaire hereby expressiy waives all rights, claims, and demands against the City and forever releases and discharges the City of Miami 8each, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. 24. Florida Public Records Law A. In relation to its ob(igations under this MOU, Concessionaire shall comply with Florida Public Records law under Chapter 119, Fforida Statutes, as may be amended from time to time. B. The term "public records"shall have the meaning set forth in Section 119,011(12), which means all documenfs, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardfess of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. C. Pursuant to Section 119.0701 of the Florida Statutes, if Concessionaire meets fhe definition of"Contractor" as defined in Section 119.0701(1)(a), Concessionaire shall: i. Keep and maintain public records required by the City to perform the service; ii. Upon request from the City's custodian of public records, p�ovide the City with a copy of the requested records or aflow the records to be inspected or copied within a reasonabie time at a cost that does not exceed fhe cost provided in Chapter 119, Florida 5tatutes or as otherwise provided by law; 11 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 iii. Ensure that pubfic records that are exempt or confidential and exempt from pubiic records disclosure requirements are not disclosed, except as autharized by law, for the duration of the contract term and following completion of the MOU +f Concessionaire daes not transfer the records to the City; iv. Upon completion of the MOU, fransfer, at no cost to the City, all public records in possession af Concessionaire or keep and maintain public records required by the City to perform the service. If Concessionaire transfers all public records to the City upon completion of the MOU, Concessionaire shall desfroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. (f Concessionaire keeps and maintains public records upon completion of the MOU, Concessionaire shall meet all applicabfe requlrements for retaining public records. A11 records stored efectranically must be provided ta the City, upon request from the C+ty's custodian of public recards, in a format that is compafible with the information technalagy systems of the City. D. REQUEST FOR RECORDS; NONCOMPLIANCE i. A request to inspect or copy public records relating to the City's contract for services must be made direcfly fo the City. If the City does not possess the requested records, the City shall immediately notify Concessionaire of the request, and Concessionaire must provide the records to the Cify or allow the records to be inspected or copied within a reasonable time. ii. Concessionaire's faifure to comply�vith the City's request for records shall consfitute a breach of this MOU,and the City, at its sole discretion, may: (1)unilaferally terminate the MOU; (2)avail itself of the remecfies set forth under the MOU;and/or(3)avail iFself of any availabie remedies at law or in equity. iii. If Concessionaire fails to provide the public recards to the City within a reasonable time may be subjecf to penalties under s. 119.10. E. CIVIL ACTION i. If a civii actian is filed against Concessionaire to compel productian of public records relating to the City's contract for services, the court shall assess and award against Concessianaire the reasonable casts of enforcement, including reasonable attorneys' fees, if: 12 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 a. The court determines that Concessionaire unlawfully refused to comply with the public records request within a reasonable time; and b. At least 8 business days before filing the action, the plaintiff provided written notice of the public records request, including a statement that Concessionaire has not comp6ed with the request, to the City and to Concessionaire. ii A notice complies with subparagraph (i)(b) if it is sent to the City's custodian of public records and to Concessionaire at Concessionaire's address listed on its agreement with the City or to Concessionaire's registered agent. Such notices must be sent by common carrier delivery service or by registered, Global Express Guaranteed, or certified mail, with postage or shipping paid by the sender and with evidence of delivery, which may be in an electronic format. iii. If Concessionaire complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. F. IF Concessionaire HAS QUESTIONS REGARDING THE APP�ICATION OF CHAPTER 119, FL4RIDA STATUTES, TO CONCESSIONAIRE'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS MOU, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 GONVENTIQN CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL:a �� ;��r�� ; ��i,1f�1' �� , PHONE: 305-673-7411 25. Written Notices Notices under this MOU shall be delivered in writing to the City Manager's Designee and to Concessionaire's designated contact as follows To Concessionaire: E-mail: � ; � Ta the City: E-m8il � � � �_z(a�rr�,�anubr�,��.��'i ��r,v 13 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 26. City Manager's Designee The City Manager's designee shall be the City's Department of Transportation Operations Supervisor or Department of Transportation Director. The City Manager's Designee will designate a contract manager ("City's Project Manager") to be the day to day representative and point person for this MOU. 27. Limitation of Liabifity A.The City desires to enter into this MOU only if in so doing the City can place a limit on the City's liability for any cause of act+on, for money damages due to a� alleged breach by the City of this MOU, so that its�iability for any such breach never exceeds the sum of$5,000.0�. Concessionaire hereby expresses its willingness to enter into this MOU with Concessionaire's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$5,000.00. Accordingly, and notwithstanding any other term or condition nf this MOU, Concessionaire hereby agrees that the City shall not be liable to Concessionaire for damages in an amount fn excess of $5,000.00 for any action or claim for breach of contract arising out of the performance or non- performance of any obligations imposed upon the City by this MOU. B. Nothing contained in this sectfon or elsewhere in this MOU is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. 28. Assignment, Transfer or Subcontracting Concessionaire shall not subcontract, assign, or transfer ali or any portion of any work and/or service under this MOU without the prior written consent of the City Manager, wh+ch consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this MOU, nor any ferm or provision hereof, or right hereunder, shall be assfgnable unless as approved pursuant to this section, and any attempt to make such assignment(unless approved)shall be void. The vessels chartered and identified in Exhibit 5 ("Chartered Vessels")are hereby approved for use during the Term of this MOU by Concessionaire and Concessionaire shall be required to provide insurance coverage for said Chartered Vesseis. 29. No Discrimination Concessionaire also accepts and agrees to comply with the following Special Conditions: In relation to its obligations under this MOU, Concessionaire shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, nationa! origin, sex, age, disability, religion, income or family status. 14 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 AdditionaNy, Concessionaire shall camply fully with the City of Miami Beach Human Rights Ordinance, codified in Chapter 62 of the City Code, as may be amended from time to time, prohibiting discrimination in employment (including independent contractors), housing, public accommodations, public services, and in connection with its membership or policies because of actual or perceived race, color, national origin, religion, sex, intersexuality, gender identity, sexua( orientation, marital and familial status, age, disability, ancestry, height, weight, hair texture and/or hairstyle, domestic partner status, labor organization membership, familial situation, or political affiliation. 30. Prohibitions Regarding Sale or Use of Expanded Polystyrene Food Service Articles, Single-Use Plastic Beverage Straws, and Single-Use Plastic Stirrers A. Concessionaire hereby agrees and acknowledges that, pursuant to Section 82-7 of the City Code, as may be amended from time to time, Concessionaire shall not sell, use, provide food in, or offer the use of expanded polystyrene food service articles (as defined in City Code Section 82-7) on City property, which includes the Program Vessel while on City waters and the Concession Area. A violation of this section shall be deemed a default under the terms of this MOU. Notwithstanding the above, this section shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Concessionaire. B. Additionally, Concessionaire agrees and acknowledges that, pursuant to Section 82-8 of the City Code, as may be amended from time to time, Concessionaire shall not sefl, use, provide food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers (as defined in City Code Section 82-8) ) on City property, which includes the Program Vessel while on City waters and the Concession Area. A violation of this section shall be deemed a default under the terms of this MOU. Notwithstanding the above, the requirements of Section 82-8 shall not restrict Concessionaire from providing a beverage with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an individual with a disability or medical condition that impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. C. As additional consideration for this MOU, separate and apart from the requiremen#s of Sections 82-7 and 82-8 of the City Code, Concessionaire agrees: 1. not sell, use, provide food in, or offer the use of expanded polystyrene food service articles on ihe Concession Area, the Venetian Dock, or the Program Vessel. A violation af this section shall be deemed a default under the terms of this MOU. Notwithstanding the above, this sec#ion shall not apply to expanded polystyrene food service articles used for prepackaged food that have been filled and sealed prior to receipt by Lessee; and 2. not sell, use, provide food in, or offer the use of single-use plastic beverage straws or single-use plastic stirrers on the Concession Area, the Venetian Dock, or the Program Vessel. A violation of this section shall be deemed a default under the terms of this MOU. Notwithstanding the above, Lessee shall be permitted to providing a beverage with, or offering the use of, a single-use plastic beverage straw or single-use plastic stirrer to an 15 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 individual with a disability or medicai condition that impairs the consumption of beverages without a single-use plastic beverage straw or single-use plastic stirrer. 31. Concessionaire's Compliance with Anti-Human Trafficking Laws Concessionaire agrees to comply with Section 787.06, Florida Statutes, as may be amended from time to time, and has executed the Anti-Human Trafficking Affidavit, containing the certifcation of compliance with anti-human trafficking laws, as required by Section 787.06(13), Florida Statutes, a copy of which is attached hereto as Exhibit"2". 32. Prohibition on Contracting with a Business Engaging in a Boycott Concessionaire warrants and represents that it is not currently engaged in, and wiH not engage in, a boycott, as defined in Section 2-375 of the City Code. In accordance with Section 2- 375.1(2)(a) of the City Code, Concessionaire hereby certifies that Concessionaire is not currently engaged in, and for the duration of the MOU, will not engage in a boycott of Israel. 33. Prohibition On Contracting with an Individual or Entity which has Pertormed Services for Compensation to a Candidate for City Elected Office Concessionaire warrants and represents that, within two (2) years prior to the Effective Date, Concessionaire has not received compensation for services performed for a candidate for City elected office, as contemplated by the prohibitions and exceptions of Section 2-379 of the City Code. For the avoidance of doubt, the restrictions on contracting with the City pursuant to Section 2- 379 of the City Code shall not apply to the following: (a) Any individual or entity that provides goods to a candidate for office. (b) Any individual or entity that provides services to a candidate for office if those same services are regularly performed by the individual or entity in the ordinary course of business for clients or customers other than candidates for office. This includes, without limitation, banks, telephone or internet service providers, printing companies, event venues, restaurants, caterers, transportation providers, and office supply vendors. {c) Any individual or entity which performs licensed professional services (incfuding for example, legal or accounting services). 34. Prohibition Against Contracting with Foreign Countries of Concern when an Individual's Personal Identifying tnformation May be Accessed Concessionaire hereby agrees to comply with Section 287.138, Florida Statutes, as may be amended from time to time, which states that as of January 1, 2024, a governmental entity may not accept a bid on, a proposal for, or a reply to, or enter into, a contract with an entity which would grant the entity access to an individual's personal identifying information (PII), unless the entity provides the governmental entity with an affidavit signed by an officer or representative of the entity under penalty of perjury attesting that the entity does not meet any of the criteria in Paragraphs 2(a}-(c)of Section 287.138, Florida Statutes: (a)the entity is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controlling interest in the entity; or(c)the entity is organized under the laws of or has its principal 16 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 pface of business in a foreign country of concern (each a "Prohibited Entity"). A foreign cvuntry of concern is defined in Section 287,138 {1)(c), FEorida Statutes, as may be amended from time to time, as the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian Arab Republic, including any agency of or any other entity of significant control of such foreign country of concern. Additionally, beginning July 1, 2025, a governmental entity may not extend or renew a contract with a Prohibited Enti#y. Concessionaire warrants and represents that it does not fali within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Concessionaire to execute the "Prohibition Against Contracfing with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit"3". 35. Sale of Alcoholic and Non-Alcoholic Beverages on Vessels Concessionaire shall be permitted to seU alcoholic beverages on the Vessels while the 2025 Art Week Water Taxi Services are in operation. The alcoholic beverages must be served and consumed on the vessel. Concessionaire shall ensure that riders do not leave the vessel with open containers of alcoholic beverages, in that, the City of Miami Beach prohibits the consumption, service, sale, and possession of open containers of alcoholic beverages in public places. Concessionaire will also be permitted to sell non-alcoholic beverages while the water taxi service is in operation; provided, however, that onfy non-alcoholic beverages from the Pepsi and Red Bull brands are sold. the City's exclusive pouring rights agreement with PepsiCo d/b/a PepsiCo Beverage Sales, LLC, for alt non-alcoholic beverage categories, including but not limited soda, water, juice, iced tea, isotonics; and an exclusive pouring rights agreement wifh Red Bull for the energy drink beverage category; as such, the dispensing or sale of any competing products is prohibited under this MOU. The current product list for Pepsi and Red Bull are incorporated herein by reference and attached hereto as Exhibit "4". Additionally, Concessionaire will be required to purchase these exclusive products from the distributors designated by the City. The City wi(I provide Concessionaire with written notice of any changes to, or terminations of, these City vending contracts. AI1 revenues generated by Concessionaire from the sale of alcoholic and non-alcoholic beverages on the vessels shall be retained by Concessionaire. 36. Duty of Care With respect to the pertormance of the services contemplated herein, Concessionaire shall exercise that degree of skili, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 37. No Third Party Beneficiaries The Parties agree that there are no third-party beneficiaries to this MOU and that no third party shall be entitled to assert a claim against any of the Parties based upon this MOU. Nothing herein shall be cflnstrued as consent by the City to be sued by third parties in any manner arising out of this MOU, or other obligations, whether known or unknown to the Parties. 17 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 38. Governing Law anc! Exciusive Venue 7his MOU shaA be governed by, and construed in accordance with, the laws of the State of Florida, both substan#ive and remediai, without regard to principles of conflict of laws. The exclusive venue for any litigation arising out of this MOU shall be Miami-Dade County, Florida, if in State court, and the U.S. District Court, Southern District of Fiorida, if in federal court. BY ENTERING INTO THIS MOU, THE CITY AND Concessionaire EXPRESSLY WAIVE ANY RIGHTS EITHER PARTY MAY HAVE TO A TRIAL BY JURY OF ANY CIVIL LITIGATiON RELATED TO, OR ARISING OUT OF, TH�S MOU. 39. No Waiver No waiver of any breach or faiiure to enforce any of the terms, covenants, conditions or other provisions of this MOU by either Parfy at any time shall in any way af#ect, limit, modify or waive either Party's right thereafter to enforce or compel strict compfiance with every term, covenant, condition or other provision hereof. 40. Captions Usec! In This Mou CaptiQns, as used in this MOU, are for convenience of reference only and shou(d not be deemed or construed as in any way limiting or extending the language or provisions to which such captions may refer. 41. Total Agreement This MOU, including its special conditions and exhibits, represents the whole and total agreement of khe Parties concerning the 2Q25 Art Week Water Tax Services. No modifications or amendments may be made to this MOU unless made in writing signed by both parties. [REMAINDER OF THIS PAGE INTEN7iONALLY LEFT BLANK] 18 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 IN WITNESS WHEREOF, the Parties hereto have caused their names to be signed and their seals to be affixed, all as of the day and year first above written, indicating their agreement. CITY OFj MIAM.1�BEACH � By -- Name. Eric T. Carp nter Title: City ManaAer Date: WATER TAXI OF FORT AUDERDALE LLC B : Name: ��, /,1.�.,, „l6n / ,,v Title: _--G��, pi�i.,��.�,o� � Date: __ l� D �U�S __�— FOR CITY: ATTEST: B ,,^ri�;j;f:�.�� y =��'••'' <'�''�, Rafa . Granado, City Clerk =�::• ��.,y-,, :'��`��- �W :It�CORP�ORATED; � Date� �. �, � ,:;�?� =<i�•., �.b :�,,: �•�.:.�:':;-...:�'�.. '',?"C`I I �6 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 19 (�`�� 1� Ll � 7� n Dote �, , C�ty Attor. ey�� Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 EXHIBIT"1" 1NSURANCE Without limiting its liability under this MOU, Concessionaire shall, at all fimes during the Term of this M�U, procure and maintain, at its sole expense (and Concessianaire shall require its subcontractors, laborers, materialmen and suppliers to provide, as applicable), insurance of the types and in the minimum amounts stated below, and provide a certificate with appficable endorsements on a form that is acceptable to the City's Division of Insurance and Risk Management evidencing the following required coverages to the City (including coverage of all Program Vessels which shali be used by Concessionaire to operate fhe 2025 Art Week Water Taxi Services): This insurance shall cover the Concessionaire {and to the extent its subcontractors and sub-contractors are not otherwise insured, its subcontractors and sub-contractors) for those sources of liabifity which would be covered by the latest edition of the standard Workers' Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement(NCCI Form WC 09 03}, those which are required by the Sfate of Florida, or any restrictive NCCI endorsements which, under an [VCCI filing, must be attached to the poficy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers' Compensafion Act, where appropriate, coverage is to be included for the Federal Employers' Liabifity Act, USL&H and Jones Act, to extent coverage is not provided by fhe Protection and Indemnity policy and any other appficable federal or state law. A. Worker's Compensation Insurance for all employees of the Concessionaire as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Concessionaire be exempt from this Statufe, the Concessionaire and each employee shall hold the City harmless from any injury incurred during performance of the MOU. The exempt Concessionaire shall also submit (i) a written statement detailing the number of employees and that they are not required to carry Workers' Compensation insurance and do not anticipate hiring any additional employees during the term of this MOU or(ii� a copy of a Certificate of Exemption, B. Garage Keepers L.egal Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury for vehicles whiie in the Concessionaire's care, custody and control with limits no less than $1,000,000 per occurrence, and $2,00O,OOQ general aggregate. C. Marine Contractors Liability Insurance on an occurrence basis, including products and completed operations, properfy damage, contractual liability, bodily injury and personal & adve�tising injury with limits no less than $1,000,000 per occurrence. D. Concessionaire' Pollution Legal Liability (if project involves environmental hazards), with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate. E. Liquor Liability Insurance on an occurrence basis, including property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. (Required, if necessary,) Additional Insured - City of Miami Beach must be included by endorsement as an additional insured with respect to a!i liability policies (except Professional Liability and Workers' 20 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 Compensation) arising out of work or operafions performed on behalf of the con[ractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrawed in the form of an endorsement to the Concessionaire's insurance. Notice of Cancellation - Each insurance policy required above shall provide that coverage shall not be cancelled, excepE with notice#o the City of Miami Beach c/o EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver oi subrogation on the coverages required. Howe�er, this provision appfies regardless af whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers— fnsurance must be placed with insurers with a current A.M. Best rating of A:VII or higher_ If not rated> exceptions may be made for members of the Florida Insurance Funds (i.e. FWCIGA, FAJUA). Carriers may also be considered if they are licensed and authorized to do insurance business in the State of Florida. Verification of Coverage -- Con#ractor shall furnish the City with original certificates and amendatory endorsements, or copies of the appiicable insurance fanguage, effecting coverage required by this contract_ All certificates and endorsements are to be received and approved by Ehe City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligafion to provide them. The City reserves the right to require complete, certified copies of afl required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE NOLDER MUST READ: City of Miami Beach c/a Exigis Insurance Compliance Services P.O, Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing ager►t, EXIGIS, at: Certificates-miamibeach@riskworks.com Special Risks or Circumstances - The City of Miami Beach reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumsfances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this sectinn or under any other section of this MOU. 21 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 EXHIBIT"2" AN71-HUMAN TRAFFICKING AFFIDAVIT In accordance with Section 787.06 (13), Florida Statutes, the undersigned, on behalf of Concessionaire hereby attests under penalty of perjury that Concessionaire does not use coercion for labor or services as defined in Section 787.06, FEorida Statutes, entitled "Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this a�fidavit and that the punishment for knowingfy making a false statement includes fines and/or imprisonment. The undersigned is authnrized to execute this affidavit on behaff of Concessionaire. CONCESSIONAIRE: �L�G��r ftn�c� nF �er� l r�c.r/��da�� (lC , a (.LC corporation. 1?�ln�a SC 1�-Th�c- �or�Lc��cler c�c.\e Name/Title: C CEU/ �ina�1 (Address} State of -�I�r�,��c� County of 3�r�„�,�ro1 The foregoing instrument was ackn�wledged before me by means of�"physical pressnce or ❑ online notarization, this _�_ day of �{S�vCtrv�be.� , 202� by W,\\t a�rn w�\Y,g,r as �L`C��P�r�+nC��0.1 of (J�}Gk�.�1G`x�� a� �vr}-Sc��rrk,�¢ a L C.0 corporafion, known to me to be the person described herein, or wha produced �1 ��,.��A �\r',,,�.�,� \;�er,sr� as identification, and who did/did not take an oath. NOTARY PUBLIC; 5ignature) � ��P�e Aiexis Leutzinger 2 � � Commission#HH 60902� � Coinmission Expires 11-Q3•2028 `'Q-X�5 L-Q,v�l'�K-�'�-r �y� o�,.° Bonded Through•Gynanota'ry (Print Name) �K� Florida-NalaryPublic My commission expires: t 1 -03-7�Z� 22 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 EXHIBIT "3" PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT in accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behaif of Concessionaire, hereby attests under penalty of perjury that Concessionaire does not meet any of the foliowing criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) Concessionaire is owned by a government of a foreign country of concern; (b) the government of a foreign country of concern has a controliing interest in Concessionaire; or(c)Concessionaire is organized under the laws of or has its principal place of business in a foreign country of concern. I understand that I am swearing or affirming under oath, under penalties of perjury, to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes�nes and/or imprisonment. 7he undersigned is authorized to exec�te this affidavit on behalf of Concessionaire. CONCESSIDNAfRE: ��o.1-c�r -Fc..x� c� 'Fz��k-�c��P,��us� , a L�..0 corporation. 1�C.o�Q cS� 1�-t-r, S�- �pT�'lcwc\erc1G�Q Name/Title: 1.v;11��c�,n� l�.lullLer - C C--o�P:�,n��.1 — -- (Address) State of ,�1ar;�\c. County of �vvGw�vo1 The foregoing instrument was acknowledged before me by means of�physical presence or ❑ online notarization, this 2o day of 1�1av��mbe�r 202 5 by �y,1\�c,.rn ��c�.\�C..er , as C.Fb,�,f Pr�,n�;�\ of ��.��'�c�,K� r�� Forklu�cle.rc�.14 S ��C corporation, known to me to be the person described herein, or who produced �1c.r �� r��ve�s ��.ce n5.e as identification, and who did/did not take an oath. NOTARY P LIC: (Signature} �Fa�p�a Afexls l.eutzinger o � Commission it NH 609021 ��Q.X�� e u�L.(�c�� 4 CammissionExpiresll-03•2028 � Q Bonded Throu9h-Cynanotary (Print Name} '�OFfL�� FSorida-NotaryPublic My commission expires: 11 -�3�zo2� 23 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 EXHIBIT "4" NON-ALCOHO�IC EXCLUSIVE PUURING RIGHTS CITY CONTRACTS (CURRENT PRODUCT LIST) 24 0 0 � � 2025 PEPSi BEVERAGES PaRTFOLIO ``� �''� N � PEPs�co ��c � m PRQUC7INFURMATION�ew.v.�7�ipivdwtj.,.t.,_m-�i�aucte may vury bV Market%LOCatiac ''�`� � — < - N O ' � � � � � ry � .�.. 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Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 � �i � �� ; . � ►.........rw i-rNr-��„, � ��,� � 1 Docusign Envelope ID:1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 Exhibit"5" Name af Vessel Coast Guard Official Number AQUA VIEW 1088136 BLACK PEARL 1107405 SUNRISE LADY 1207151 BEACH LADY 1232854 GLADES 1132927 BIO-BUS 1129881 THE SOCIAL 1092901 Docusign Envelope ID: 1 F9531 CA-F43F-44FD-A31 E-6D039E6FD909 RESOLUTION NO. 2025-33708 A RESOL.UTION OF THE MAYOR AND CITY COMMISS(ON OF THE CfTY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDA710N OF 7HE C(TY MANAGER PURSUANT TO REQUEST FOR QUALfFfCATfONS NO. 2025-284-ND, FOR WATER TAXI SERVICE; AUTHORIZING 7HE ADMINtSTRATION 70 ENTER INTO NEGOTIATIONS WlTH WATER TAXI OF FORT LAUDERDALE LLC, AS THE TOP-RANKED PROPOS�R; FURTHER, !F THE ADMlNISTRATION 1S NOT SUCCESSFUI IN NEGOTIATING AN AGREEMENT WITH WATER TAXI OF FORT LAUDERDALE LLC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH AQUA-JET MIAMI lLC D/B/A A(]UA PARTY BOAT, AS THE SECOND- RANKEQ PROPOSER; FUR7HER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH AQUA•JET MIAM( LLC D/BIA AQUA PARTY BOAT, AUTHORIZING THE ADMINISTRATION TO ENTER (NTO NEGOTIATfONS W(TH CODE NAME E-LfXR tNC., AS THE THIRD-RANKED PROPOSER; AND FURTHER REQUIRING THAT THE FINAL NEGOTiATED AGREEEMENT SHALL BE SUBJECT TO THE PRIOR APPROVAL OF THE MAYOR AND CITY COMMISSION. WHEREAS, on March 19, 2025, the Mayor and City Commission authorized the issuance of Request for Qualifications No. 2025-284-ND (the "RF�") for a water taxi service; and WHEREAS, the RFQ was released on March 21, 2025; and WHEREAS, a voluntary pre-proposal meeting was held on Aprif 2, 2025; and WHEREAS, on May 5, 2025, the City recerved three (3j proposals from Aqua-Jet Miami LLC dlb/a Aqua Party Boat, Code Name E-I�ixr Inc., and Water Taxi of Fort l.auderdale LLC.; and WHEREAS, on May 14, 2025, the City Manager appointed the Evaluation Committee (the"Committee") via LTC#203-2025; and WHEREAS, the Committee was comprised of Irene Hegedus, Chief of Transportation Enhancements and Special Projects, Department of Transportation and Public Works, Miami Dade County, Valeria Mejia, ADA Manager, Public Works Department; Lindsey Precht, Assistant Director, Environment and Sustainability Department; Mikhail Ryabov, Transportation Manager, Transportation and Mobifity Department; and Linda Stevens, Assistant Director, Marketing and Communications Department; and WHEREAS, the Committee convened on May 23, 2025, to consider the proposals received; and WHEREAS, the Committee received an overview of the project, information relative to the City's Cone of Silence Ordinance, the Governmeni Sunshine Law, and general information an the scope of services and a copy of each proposal; and WHEREAS, the Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ; and Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 WHEREAS, the Committee process resulted in the ranking of proposers as follows: Water Taxi of Fort Lauderdale LLC, as the top-ranked proposer; Aqua-Jet Miami LLC d/b/a Aqua Party Boat, as the second-ranked proposer; and Code Name E-Lixr Inc., as the third- ranked proposer; and WHEREAS, after reviewing alt of the submissions and the Committee's rankings and analysrs, the City Manager concurs with the Committee and recommends that the Mayor and City Commission authorize the Administration to enter into negotiations with Water Taxi of Fort Lauderdale LLC, as the top-ranked proposer; further, if the Administration is not successful in negotiating an Agreement with Water Taxi of Fort Lauderdale LLC, authorizing the Administration to enter into negotiations with Aqua-Jet Miami LLC d/b/a Aqua Party Boat, as the second-ranked proposer; fu�ther, if the Administration is not successful in negotiating an Agreement with Aqua-Jet Miami LLC d/b/a Aqua Party Boat, authorizing the Administration to enter into negotiations with Code Name E-Lixr inc., as the third-ranked proposer; and further authorizing the C+ty Manager and City Clerk io execute an agreement upon conclusion of successful negotiations by the Administration. 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 City Manager, pursuant to Request for Qualifications (RFQ) 2025-284-ND for Water Taxi Service; authorize the Administration to enter into negotiations with Water Taxi of Fort Lauderdale LLC, as the top-ranked proposer; further, if the Administration is not successful in negotiating an Agreement with Water Taxi of Fort Lauderdale LLC, authorize the Administration to enter inta negotiations with Aqua-Jet Miami LLC d/b/a Aqua Party Boat, as the second-ranked proposer; further, if the Administration is not successful in negotiating an Agreement with Aqua-Jet Miami LLC d/b/a Aqua Party Boat, authorize the Administration to enter into negotiations with Code Name E-Lixr Inc., as the third- ranked proposer; and further require that the final negotiated agreement shall be subject to the prior approvai af the Mayor and Gity Commission. PASSED and ADOPTED this o�� day of �unC 2025. �v-�-�- Steven Merner, Mayor ATTEST: _�U�.. 1 5 20?;� Rafa E. Granado, City Clerk '�\ B��M =\Q,:,.........:�Cy,s .'�` � 4 APPROVED AS TO i :� ��'^� �� FORM & LANGUP,;-,E i �IMtOAP ORATEO� ; ,�v,: 8 FOR EXECU �Ii�N �''�-q�.^r �;��: ,:Ny2�',.' � l��la� City ttorney�(Z �,�:«, Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 Procurement Requests -C2 B MIAMIBEA�H COMMISSION MEMORANDUM TO: Nonorable Mayor and Members of the City Commission FROM: Eric Carpenter, City Manager DATE: June 25, 2025 TITLE: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLOR(DA, ACCEPTtNG THE RECOMMENDATION OF THE CITY MANAG�R PURSUANT TO REQUEST FOR QUALIFICATIONS NO. 2025-284-ND FOR WATER TAXI SERVICE; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH WATER TAXI OF FORT LAUDERDALE LLC, AS THE TOP-RANKED PROPOSER; FURTHER, IF THE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH WATER TAXI OF FORT LAUDERDALE LLC, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH AQUA-JET MIAMI LLC D/B/A AQUA PARTY BOAT,AS THE SECOND-RANKED PROPOSER; FURTHER, IF TNE ADMINISTRATION IS NOT SUCCESSFUL IN NEGOTIATING AN AGREEMENT WITH AQUA-JET MIAMI LLC D/B/A AQUA PARTY BOAT, AUTHORIZING THE ADMINISTRATION TO ENTER tNTO NEGOTIATIONS WITN CODE NAME E-LIXR INC., AS THE THIRD-RANKED PROPOSER; AND FURTHER AUTHORIZING THE CI7Y MANAGER AND CITY CLERK TO EXECUTE AN AGREEMENT UPON THE CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION.(TRANSPORTATION AND MOBILITY) RECOMMENDATION The City Administration ("Administration") recommends that the Mayor and City Commission ("City Commission") approve the Resolution. The solicitat'ron is currently under the cone of silence. BACKGROt1ND/HiSTORY The City of Miami Beach ("City") has long recognized the potential be�efits of waterborne transportation as a sustainable, e�cient, and congestion-reducing altemative to traditional road- based transit. To that end, on June 28, 2023,the City Commissron adopted Resolutfon No. 2Q23- 32644, waiving, by 5/7th vote, the formal competitive bidding requirement and accepting the recommendation of the Finance and Economic Resiliency Committee ("FERC" or"Committee"), directing the Administration to (1) negotiate a one (1) year Agreement with Poseidon Ferry LLC ("Poseidon"); (2)identify funding: (3)ide�tify locations where the operation wi(I be conducted;and (4 j define the City contribution and fare structure; and further requiring that the final Agreement be subject to approval by ihe 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 and authorizing the Administration to negotiate and execute the Agreement with Poseidon. The City 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. Additionally, regulatory approvals from Miami-Dade County's Division of Environmental Resources Management(DERM)and the Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 issuance of a Business Tax Receipt(BTR)enabied the service to commence operations.As such, in June 2024 the City launched a one (1�year Water Taxi Pilot Program ("Pilot Program") with Poseidon connecting Miami Beach and Miami. The Pilot Program aimed to assess operational viability,passenger demand,and public reception, while also exploring options for reducing fares through subsidies to enhance accessibility.As part of the Pilot Program, Poseidon operated a cross-bay service from/to the south side of Maurice Gibb Memorial Park (18 Street and Purdy Avenue, Miami Beach) and the Venetian Marina 8 Yacht Club, also known as Sea Isle Marina (1635 N. Bayshore Drive, Miami). Despite the Pilot Program's intent to serve as a stepping stone toward a long-term water taxi solution, the Pilot Program experienced many operational challenges, including repeated service interruptions, mechanical failures, and customer service issues. Therefore, following discussions at the July 24, 2024, FERC meeting,the Committee expressed significant concerns regarding the viability of the Water Taxi Pilot Program.As such,the Committee passed a motion recommending that the Administration terminate the Agreement with Poseidon and retum to the September 11, 2024 City Commission meeting for acceptance of the Committee's recommendation. Furthermore, the City Commission accepted the recommendation of the FERC and adopted Resolution No. 2024-33247 dfrecting the Administration to terminate the Agreement with Poseidon for the operation of the Pilot Program. This decision underscored the importance of further refining the water taxi service model, operational structure, and financial sustainability before proceeding with a permanent implementation. Building on the lessons leamed from the Pilot Program, the City now seeks to establish a more robust and integrated water taxi network that aligns with broader transportation goals. This Request for Qualifications(RF�)invited experienced water taxi operators to propose sustainable, innovative, and financially viable service models that enhance connectivity, reduce roadway congestion, and integrate seamlessly with Miami Beach's existing transit infrastructure. The envisioned service will incorporate lessons learned from the Pilot Program, ensunng a well- planned, strategically located network that meets passenger needs and regulatory requirements while supporting �egional mobility initiatives. The Miami-Dade County Transportation Planning Organization (TPO) conducted a Waterborne Network Feasibility Study("Feasibility Study")to evaluate the feasibility of a regional waterborne transit network, identifying potential routes, docking locations, infrastructure needs, and integration with existing transit systems. The Feasibility Study aims to enhance mobility, reduce roadway congestion, and provide sustainable transportation options. The Ciry will utilize the Feasibility Study's findings to develop its water taxi service, ensuring alignment with the broader regional vision for waterborne transit. To support the successful implementation of a water taxi service, the City is in the process of engaging a consultant with expertise in waterborne transportation. The consultant will assist the City in refining the service plan, infrastructure assessment, and financial feasibility analysis to ensure that the selected vendor can deliver a well-integrated and sustainable transit solution. ANALYSIS On March 19, 2025, the City Commission authorized the issuance of RFQ 2025-284-ND for a Water Taxi Service. On March 21, 2025, the RFQ was issued. A voluntary pre-proposal conference was held on April 2, 2025, to provide information to proposers submitting a response. One (1)addendum was issued, and 28 prospective bidders accessed the advertised solicitation. RFQ responses were due and received on May 5, 2025. The Ciry received three (3) proposals from Aqua-Jet Miami LLC d/b/a Aqua Party Boat, Code Name E-Lixr Inc., and Water Taxi of Fort Lauderdale LLC. On May 14, 2025, the City Manager appointed an Evaluation Committee via Letter To Commission (LTC)#203-2025. The Evaluation Committee convened on May 23, 2025 to Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 consider proposals received. The Evaluation Committee was comprised of Irene Hegedus, Chief of Transportat'ron Enhancements and Speciat Projects, Department of Transpo�tation and Pubfic Worlcs, Miami-Dade Counry; Valeria Mejia, ADA Manager, City of Miami Beach Public Works Department; Lindsey Prechi, Assistant Diredor, City of Miami Beach Environment and Sustainabiliry Department; Mikhail Ryabov, Transportation Manager, City of Miami Beach Transportation and Mobility Department; and Linda Stevens, Assistant Director, City of Miami Beach Marketing and Communications Department. The Evaluation Commiffee was provided an overview of fhe projecf, information re(ative to the City's Cone of Silence Ordinance, and the Government in the Sunshine Law. The Evaluation Committee was also provided with genera! informatron on the scope of services and a copy oi each proposal. The Evaluation Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFQ. The evaluation process resulted in the ranking of proposers as indicated below (see Attachment): 1sf ranked—Water Taxi of Fort�auderda(e�LC 2nd ranked -Aqua-Jet Miami L�C d/b/a Aqua Party Boat 3rd ranked-Code Name E-Lrxr Inc. The Evaluation Committee deemed Water Taxi of Fort Lauderdale LLC ("Water Taxi of Fort Lauderdale") the most qualified firm to provide a water taxi service. The Evaluation Committee noted that Water Taxi of Fort Lauderdale has over 30 years of experience providing safe, reliable, and customer-focused water-based transit services throughout South Florida. The Evaluation Committee also mentioned that Water Taxi of Fort Lauderdale's vessels are equipped with outward and inward-facing carneras that support trainrng, incident documentatrort, and liability protection. Moreover, the vessels are equipped with GPS, allowing management to monitor fleet activity and enabling passengers to view real-time arrival updates via a user-friendly interface. The Evaluation Committee emphasized that Water Taxi of Fort Lauderdale maintains an in-house engineering team, which includes mechanical and electrical technicians, boat repair specialists, and cleaning/detailing crew members who ensure the company maintains a high reliability and operational uptime. Finally, the Evaluation Committee also highlighted that Water Tax'r of Fort Lauderdale woutd not only be bringing water taxis to the City but afso enhancing connectivity, convenience, and character to the City's landscape. Water Taxi of Fort Lauderdale is a licensed operator with over three (3) decades of experience operating complex transit systems with scheduled service routes, private charters, and high- capacity event transportation that consistently meet both public and private sector goals. Its team, made up of 128 personnel, including 107 crew members, has a deep understanding of the operational, reguiatory, and iogisticat requirements invotved in launching and sustaining a water- based transit system - a system that has been implemented in the City of Fort Lauderdale, City of Pompano Beach, and Informa Markets for the Fort Lauderdale lntemational 8oat Show. Al! references provided positive feedback. Finally, Water Taxi of Fort Lauderdale successfully operated a temporary water taxi service for the City during Art Week 2024, and the City was satisfied with the services provided. Aqua-Jet Miami LLC d/b/a Aqua Party Boat, the second-ranked proposer,and Code�tame E-Lixr Inc., the third-ranked proposer, are also deemed by the Evaluation Committee to be qualified in the event that negotiations with Water Taxi of Fort Lauderdale are unsuccessful. Founded in 2013, Aqua-Jet Miami �LC d/b/a Aqua Party Boat ("Aqua Party Boat") is a Miami- based charter and passenger vessel company specializing in private boat tours, corporate outings, private water transportation, filming support, and custom evenl services. Operating from the Venetian Marina (formeriy Sea ts(e Marina), Aqua Party Boat owns and manages a fleet of eight (8) vessels, including four (4) U.S. Coast Guard—inspected 49-passenger vessels. Aqua Party Boat transports thousands of clients annually, marntarn+ng an excelle�t reputat'ron for safety, professionalism, and customer service in the Miami marine industry. Aqua Pa�ty Boat has provided similar services to the Miami River Commission, Placida Harbour Club, Inc., and Akima Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 Protective Services Group, among others. All references provided positive feedback. Code Name E-Lixr Inc. ("E-Lixr") was founded in Delaware in 2024. However, it was initially launched as ARKHAUS Club Inc., a private water taxi service for the maritime hospitality business. Since ARKHAUS Club Inc. is now operating seamlessly, E-Lixr has been operating a pilot water taxi service program in Miami for about nine (9) months. This pilot program is an on- demand service for hospitality companies, restaurants, and private citizens. E-Lixr's references include Yachting Promotions, Inc.of Fort Lauderdale,American Social Bar 8 Kitchen,and Michael Malone, a private citizen. All references provided positive feedback. FISCAL IMPACT STATEMENT The City has been awarded a $600,000 grant from the Florida Department of Transportation (FDOT) for operating expenses related to a cross-bay water taxi service, with matching funds contingent on approval during the Fiscal Year (FY) 2026 budget process. The City will continue to pursue additional funding opportunities, including grants from the Federal Transit Administration (FTA) Passenger Ferry Grant Program and the Florida Inland Navigation District (FIND)Waterway Assistance Program,to support both operational and capital infrastructure costs related to the Water Taxi Service. Services pursuant to this RFQ shall be subject to successful negotiations and the availability of funds through the City's budgeting process. The total cost of the water taxi service will be determined in collaboration with the selected vendor, once key service details — such as route alignment,fare structure, operating schedule, vessel type, and docking locations—are finalized. Does this Ordinance reauire a Business Impact Estimate? �,; .:� �,� � 3�: �� _ !��:: �.:�x•. (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate(BIE)was published on: See BIE at: h_ttps:/twww.miamibeachfl.qovtcity-halllcity-clerk/meetiny-notices! FINANCIAL INFORMATION 106-9615-000349-30-403-529-00-00-00- $600,000 pending approval via FY 2026 Budget Enhancement. CONCLUSION Based on the foregoing, it is recommended that the City Commission approve the Resolution authorizing the Administration to enter into negotiations with Water Taxi of Fort Lauderdale LLC, as the top-ranked proposer; further, if the Administration is not successful in negotiating an Agreement with Water Taxi of Fort Lauderdale LLC, authorizing the Administration to enter into negotiations with Aqua-Jet Miami LLC d/b/a Aqua Party Boat, as the second-ranked proposer; further, if the Administration is not successful in negotiating an Agreement with Aqua-Jet Miami LLC d/b/a Aqua Party Boat, authorizing the Administration to enter into negotiations with Code Name E-Lixr Inc., as the third-ranked proposer. The Resolution also authorizes the City Manager and City Clerk to execute an Agreement for Water Taxi Service upon conclusion of successful negotiations by the Administration. Applicable Area Citywide Is this a "Residents Ri�ht to Know" item, Is this item related to a G.O. Bond pursuant to Citv Code Section 2-17? Proiect? Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 No No Was this As�enda Item initiallv requested by a lobbvist which, as defined in Code Sec. 2-481. includes a arincipal ens�a�ed in lobbvinq? No If so, specify the name of lobbyist(s)and principal(s): Deaartment Procurement SFonsor(s) Cwsaonsor(sl Condensed Title Award RFQ 2025-284-ND, Water Taxi Service. TR/PR Previous Action (For City Clerk Use Onlv) a 0 � � N � 7 m � < m 0 NFG 70�5�2F4N0 ; kww IMw�s � VW�1a IA�dM #� �YMwY Prooht �',,g AMkIWI R�nbov L4�da 5tww I � '.� � NMMTW6avW 'i .■, . .. �l �� . �. ..I�� --- —._ . . . ._. - ------ ._.... ..__-.�-- .. ._ ._---- .. O�wM1.rw oYrwle�ra sirierl oirM�w Gr�YN�, Wo�r O�1r�w OwiYMw: fWYW aMhe.+ O�rarM MMeW a�.w.ar. Ou.nwer. 6WIeU1 � ,'I W�M�a.�d�u"la.aWaM. . . . . .. __. .___ . . _ . . . . .... . llC 95 G 55 E5 n BS 7 tl9 0 B9 v, 95 � 1] . is �' b t � �a�JM Mw�u LLC yGa . . . . . . . . . . . . �� . - . , � ,�," � 41 .Aq�+�'�nYBwi o0 , 0 , IV;1 .f yC u 9C ' B5 0 ES 1 5C r vo z 6s 4 65 t`� �0 2 Cooe WnK t��n kw p5 . 9 . Ya .2. 75 u . 15 .3. .tig . U ti0 e_ IU U �0 3. fH, G 60 3� u -7 D �'I �.rr.�rr��.?x`r2�rx.'�''t��.. w �l � L____._ ..._,�.. .....�.w.. .�ro......� A . � __ �...rw.ucow�w+•�,w� c o I_�.�.e;.... .._. - .. . a . � ..�..,.o ..p ' . D w m o� O 0 w � m rn T � (D O � Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 MIAMI BEACH � & � ��..�r� � • *� . . 24-284-01 WATER TAXI SERVICES WATER TAXI OF FORT LAUDERDALE TRANSPORTATION&MOBILITY � DoeuSi ned by: Jose Gonzalez David Martinez � Z 04C4F794856F481.. X Type i—Contract,amendment,change order or task order resulting from a procurement-issued'ompetitive solicitation. Type 2—Other contract,amendment,change order or task order not resulting from a procurem t issued competitive solicitation. Type 3—Independent Contractor Agreement(ICA) Type 6—Tenant Agreeme Type 4—Grant agreements with the City as the recipient Type 7—Inter-govemmental agency agreement Type 5—Grant agreements with the City as the grantor Other: On June 25, 2025,the Mayor and City Commission adopted Resolution 2025-33708,accepting the recommendatlon of the City Manager pursuant to Request for Qualifications(RFQ)No.2024-284-ND for Water Taxi Services("Concessionaire");authorizing the Administration to enter into negotiations with Water Taxi of Fort Lauderdale,LLC,the top-ranked proposer;and requiring that the final negotiated agreement be subject to prior approval by the Mayor and City Commission. The Administration successfully negotiated an agreement with the Concessionaire,which was scheduled for City Commission approval in substantial form on October 29,2025.However,due to the cancellation of the Commission meeting,the agreement was not presented for approval.The agreement will be presented at the City Commission meeting on December 17,2025,and shall be effective retroactively from October 29,2025. In the absence of an Agreement,the Administration has prepared a Memorandum of Understanding(MOU)to confirm the understanding reached between the City of Miami Beach("City")and the Concessionaire for providing complimentary passenger water taxi services between Miami Beach and Miami during Art Week 2025,from December 1 through December 7,2025. The MOU has been form-approved by the City Attorney's Office and executed by the Concessionaire.Pursuant to the authority granted under Resolution 2025-33708,this cover sheet seeks the City Manager's approval to finalize the execution process. Seven(7)days N/A Seven(7)days GrantFunded: Yes X No State Federal Other: $199,192 106-9615-000349-30-403-529-00-00-00 Yes X No 8udget approval indicates approval for the current fiscal year only.Future years are subject to City Commission approval of the annual adopted operating budget.All expenditures associated with purchasing these goods are subject to funds availability and are approved through the budgeting process. 1. For contracts longer than five years, contact the Procurement Department. 2. Attach any supporting explanation needed.3. Budget approvol indicates opprova/Jor current fiscol yeor only.Future years are subject to City Commission opprovol of onnual odopted operating budget. ity Commission Approved: X Yes No Resolution No.: CC Agenda Item No.: CC Meeting Date: 2025-33708 C2 8 6/25/2025 If no,explain why CC approval is not required: egal Form Approved: X Yes No If no,explain below why form approval is not necessary: Procure e Grants: N/A Kristy B da�'Qa'a1 ��z' Budget FCFa�iasFeezaan Information Technology: N�q Tameka Otto Stewart � son Greene aSbin, Risk Management: N/A z�iae93ise alfBEet&Facilities: oocusigned yN�A Human Resources N/A Other:Maria Este e Kyle Teijei s�s�ciaso� ea�z Ayanna DocuSignedby: Dacosta-Earle `�,%�� '�, 49126110061844A...