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Reso 2025-33708 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 2 0 S- 33-1 d 8 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MIAMI BEACH AND WATER TAXI OF FORT LAUDERDALE llC F OR WATER TAXI SERVICES DURING ART WEEK 2025 NOV 2 1 2025 1-his Memorandum of Understanding (the/this "MOU") is made and entered into this �. day of NQV , 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 2025. 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 1 ax 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 Park)-- 18th Street & Purdy Avenue. Miami Beach, FL 33139(the"Purdy Dock"or"Concession Areal) • Venetian Marina & Yacht Club (the "Venetian Dock")— 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-44F0-A31E-6D039E6F0909 v t.4 t , { y -r 1• ,. w. Venetian Marina • •1. '...,.•-, .'• Ngi.t."1,1 1a 446 - - 7. - "- �. ♦Purdy Doak ' t• w �� �y ` 1 ,�, ,�wt . _•... it' • -10- •'.': ' - ,• 0.7 41.11 *'tau.. _ A • .�}� . . , 1.17 :-.,' : , ,P. • tikate• . 1%, ..‘:-........... . . 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 below). • "Off-Peak Hours". Monday- Tuesday(all day) • "Peak Hours": Wednesday - Sunday(all day) 6. Fare No fare shall be charged to passengers. The service shall 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 Four (4)enclosed vessels during Off-Peak Hours and seven(7)vessels during Peak Hours. A backup vessel of comparable capacity shall be available in the event of a mechanical failure with 6 hours notice V,-ssel Specifications • Passenger Capacity: Forty-Nine (49) passengers • Crew one (1) licensed Captain and one(1) Deckhand • Approximate Length. 42'0 Approximate Breadth (Width): 11'3" • Approximate Draft/Draught(Depth): 3'2" legiby iie4•;:. -7 !"-. ."► ter'-. • v. • 44. lll �a� • 8. Staffing Each vessel shall be crewed by one (1) licensed Captain and one (1) Deckhand at all times. All 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 shall remain onsite at both Docks throughout operating hours. Concessionaire will designate a Manager On Duty(MOD)which will be the City's primary source of contact. Dock Masters work for the MOD. City will 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 consideration the receipt and sufficiency of which are hereby acknowledged, Concessionaire shall indemnify, hold harmless and defend the City, its officials, directors, employees, contractors, agents, and servants from and against any and all actions (whether at law or inequity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property,which may arise or be alleged to have arisen from:(1)wholly or in part from the negligent acts, errors, omissions or other misconduct of Concessionaire, its officers, director, members, employees, agents, contractors, subcontractors, or any other person or entity acting under Concessionaire's control or supervision; (2)Concessionaire's breach of the terms of this MOU or its representations and warranties herein; (3) the 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 costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. 10. Compliance with Laws Concessionaire shall comply with all applicable federal, state, and local laws and U.S. Coast Guard regulations governing water taxi operations, including,without limitation,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 penalties, fines, or violations from being imposed on the City by local, state, or federal agencies. 12.5 Equipment Malfunction: Any Program Vessel experiencing a malfunction related to vessel or passenger safety 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 Port for more than two(2) consecutive days shall be considered a material default under this MOU and may result in immediate termination. 13. No Advertising No advertising shall be permitted on the vessels during the operation of the 2025 Art 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 shall not be played during Hours of Operation for the 2025 Art Week Water Tax Services. 15. Reports Concessionaire shall 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 produced by December 10, 2025, by the close of business. 16. Inspection and Audit Concessionaire shall maintain its financial records pertaining to its operations at the Docks during the 2025 Art Week Water Tax Services and for a period of three (3)years after the expiration or other termination of this MOU,and such records shall be open and available to the City Manager or his designee, as deemed necessary by them. The City shall be responsible for paying all costs associated with such audits, unless the audit(s) reveals a deficiency of five(5%)percent or more in Concessionaire's statement of Gross Receipts for 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 revealed by the audit, plus interest.These audits are in addition to periodic audits by the City of Resort Tax collections and payments, which are performed separately. Nothing contained within this section shall preclude the City's audit rights 5 Docusign Envelope ID. 1F9531CA-F43F-44FD-A31E-60039E6FD909 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 imposition of same in a manner that is in accordance with law. However, if, as a result of such contest, additional delinquency charges become due, Concessionaire shall be responsible for such delinquency charges, in addition to payment of the contested tax, if so ordered. 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 solely responsible (at its sole cost and expense)for obtaining and maintaining current any applicable licenses or permits, as required for the operations contemplated in this MOU including, without limitation, any occupational licenses required by law for the proposed uses contemplated in Section 3; the U.S. Coast Guard licenses for captains and the Certificates of Inspection for the vessels; the State of Florida license; the Department of Environmental Resources Management (DERM) Marine Operational Permit, and any applicable City licenses. 18. Personnel Background Checks Contractor shall comply with the requirements of Section 435.04, Florida 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 allowed to perform the 2025 Art Week Water Tax Services under this MOU. 19. Duty of Care With respect to the 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. Default/Termination Provisions A. Termination For Cause If 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 to cure such default. If such default remains uncured after two (2) working days, the City may terminate this MOU without further notice to Concessionaire. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this MOU. Notwithstanding the above, the Concessionaire shall not be relieved of liability 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, shall 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 ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE MOU AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONCESSIONAIRE OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN TWO (2) WORKING DAYS FOLLOWING RECEIPT BY THE CONCESSIONAIRE OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, 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 SERVICES UNDER THIS MOU FOR A TIME CERTAIN, OR IN 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 Docks/Concession Area/Substitute Performance Upon expiration, or earlier termination of this MOU, Concessionaire shall surrender the Concession Areas in the same condition as the Concession Areas were prior to the Commencement Date, reasonable wear and tear excepted. 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 City shall have the right to undertake and/or purchase,as the City Manager deems appropriate, any such supplies, materials, services, etc., covered herein and to charge Concessionaire for all actual costs thereby incurred by the City. Concessionaire shall be responsible for paying all of said costs. 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 General 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 shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) 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. Pursuant to Section 2-378 of the City Code, the City is allocating a percentage of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. C. Upon ten (10) days written notice to Concessionaire, Concessionaire shall 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/proposal) 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 control 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 1F9531CA-F43F-44FD-A31E-60039E6FD909 files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial 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, payroll and personnel records and supporting documentation 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 this 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, litigation, or claims are finally resolved. F. The provisions in this section shall apply to Concessionaire, its officers, agents, employees, subcontractors and suppliers. Concessionaire shall incorporate the provisions in this 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 City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability 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 County 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 Charter and Code, as may be amended from time to time; both of 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 obligations under the MOU, and (ii) is beyond the reasonable control of such party 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 or 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 of 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 occurrence of a Force Majeure event shall be on the requesting party. C. No party hereto shall be liable for its failure to 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 result of the Force Majeure event with all reasonable dispatch. D. Obligations pursuant to the MOU 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 obligation 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. Additionally, 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 termination. If the MOU is terminated pursuant to this section, 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. 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 claims against the City for loss or damage sustained by the Concessionaire resulting from any Force Majeure contemplated in Section 12 or any other interruption of the operation of the Program, including, without limitation, any City maintenance or construction activity at the Park, and the Concessionaire hereby expressly waives all rights, claims, and demands against the City and forever releases and discharges the City of Miami Beach, Florida, from all demands, claims, actions and causes of action arising from any of the aforesaid causes. 24. Florida Public Records Law A. In relation to its obligations under this MOU, Concessionaire shall comply with Florida Public Records law under Chapter 119, Florida 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 documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless 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 the 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, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; 11 Docusign Envelope ID: 1F9531CA-F43F-44FD-A31E-6D039E6FD909 iii. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the MOU if Concessionaire does not transfer the records to the City; iv. Upon completion of the MOU, transfer, at no cost to the City, all public records in possession of 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 destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Concessionaire keeps and maintains public records upon completion of the MOU, Concessionaire shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. 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 directly to 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 City or allow the records to be inspected or copied within a reasonable time. ii. Concessionaire's failure to comply with the City's request for records shall constitute a breach of this MOU,and the City,at its sole discretion, may:(1)unilaterally terminate the MOU; (2)avail itself of the remedies set forth under the MOU;and/or(3)avail itself of any available remedies at law or in equity. iii. If Concessionaire fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. E. CIVIL ACTION i. If a civil action is filed against Concessionaire to compel production of public records relating to the City's contract for services, the court shall assess and award against Concessionaire the reasonable costs of enforcement, including reasonable attorneys' fees, if: 12 Docusign Envelope ID- 1F9531CA-F43F-44FD-A31E-60039E6FD909 The court determines that Cunce$siunaire ,niawful!y rL'f!i`:r,c+ 1U Cui tlply with 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 complied 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. ni 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. E. IF Concessionaire HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA 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 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL:• fi' PHONE: 305-673-7411 25. Written Notices Notices under this MOU shall be delivered in writing to the City Manager's Designee and to Concessionaires designated contact as follows To Concessionaire: E-mail: To the City E-mail 13 Docusugn 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 Liability 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 action, for money damages due to an alleged breach by the City of this MOU, so that its liability for any such breach never exceeds the sum of$5,000.00.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 of this MOU, Concessionaire hereby agrees that the City shall not be liable to Concessionaire for damages in an amount in 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 section 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 all or any portion of any work and/or service under this MOU without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this MOU, nor any term or provision hereof, or right hereunder, shall be assignable 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 Vessels. 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, national origin, sex, age, disability, religion, income or family status. 14 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 Additionally, Concessionaire shall comply 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,sexual 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 sell, 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 requirements 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 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, 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 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. 1 F 9531 CA-F43F-44FD-A31 E-6D039E6FD909 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. 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 certification 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 will 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 Performed 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 (including for example, legal or accounting services). 34. Prohibition Against Contracting with Foreign Countries of Concern when an Individual's Personal Identifying Information 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 IF9531CA-F43F-44FD-A31E-6D039E6FD909 place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138 (1)(c), Florida 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 Entity. Concessionaire warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Concessionaire to execute the "Prohibition Against Contracting 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 sell 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 only 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 all non-alcoholic beverage categories, including but not limited soda, water,juice, iced tea, isotonics; and an exclusive pouring rights agreement with 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 will provide Concessionaire with written notice of any changes to, or terminations of, these City vending contracts. All 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 performance of the services contemplated herein, 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. 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 construed 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.1F9531CA-F43F-44FD-A31E-6D039E6FD909 38. Governing Law and Exclusive Venue This MOU shall be governed by, and construed in accordance with, the laws of the State of Florida, both substantive and remedial, 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 Florida, 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, THIS MOU. 39. No Waiver No waiver of any breach or failure to enforce any of the terms, covenants, conditions or other provisions of this MOU by either Party at any time shall in any way affect, limit, modify or waive either Party's right thereafter to enforce or compel strict compliance with every term, covenant, condition or other provision hereof. 40.Captions Used In This Mou Captions, as used in this MOU, are for convenience of reference only and should 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 the Parties concerning the 2025 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 INTENTIONALLY LEFT BLANK] 18 Docusign Envelope ID 1F9531CA-F43F-44FD-A31E-60039E6FD909 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 OF1 MIAtBEACH By, Name. Eric T. Caro rater Title Citi_Manager Date WATER TAXI OF FORT AU DE. RDALE LLC Name. lr,,, Title: Goa fPri..-G,�. 1 Date• //1,2126---• _I-- FOR CITY: ATTEST: By: AtiAI C fig6,,,, Rafa . Granado. City Clerk �.. ir �:.,, NOV 7 1 2025 '!q(Uf,F DlA1fD Date: 's2;•. , Q)! APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 19 j �� �'r v`��t 1 t a City Attotneyi, Dote Oocusign Envelope ID 1F9531CA-F43F-44FD-A31E-6D039E6FD909 EXHIBIT"1" INSURANCE Without limiting its liability under this MOU, Concessionaire shall, at all times during the Term of this MOU, procure and maintain, at its sole expense (and Concessionaire 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 applicable endorsements on a form that is acceptable to the City's Division of Insurance and Risk Management evidencing the following required coverages to the City(including coverage of all Program Vessels which shall be used by Concessionaire to operate the 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 liability which would be covered by the latest edition of the standard Workers' Compensation policy, as filed for use in the State of Florida by the National Council on Compensation Insurance (NCCI), without any restrictive endorsements other than the Florida Employers Liability Coverage Endorsement(NCCI Form WC 09 03), those which are required by the State of Florida, or any restrictive NCCI endorsements which, under an NCCI filing, must be attached to the policy (i.e., mandatory endorsements). In addition to coverage for the Florida Workers' Compensation Act, where appropriate, coverage is to be included for the Federal Employers' Liability Act, USL&H and Jones Act, to extent coverage is not provided by the Protection and Indemnity policy and any other applicable federal or state law. 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 Statute, 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 Legal Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury for vehicles while in the Concessionaire's care, custody and control with limits no less than $1,000,000 per occurrence, and$2,000,000 general aggregate. C. Marine Contractors Liability Insurance on an occurrence basis, including products and completed operations, property damage, contractual liability, bodily injury and personal & advertising 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 all liability policies (except Professional Liability and Workers' 20 Docusign Envelope ID:1F9531CA-Fa3F-44FD-A31E-6D039E6FD909 Compensation)arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed 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,except with notice to the City of Miami Beach do EXIGIS Insurance Compliance Services. Waiver of Subrogation — Vendor agrees to obtain any endorsement that may be necessary to affect the waiver of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers—Insurance 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 — Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ. City of Miami Beach c/o Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, 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 circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this MOU. 21 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 EXHIBIT"2" ANTI-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, Florida Statutes, entitled "Human Trafficking". I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Concessionaire. CONCESSIONAIRE: U6I-lr ;-n+r; r,F /dolt L(C , a itCCC corporation. q-DCc to SC 1 b�c c r\r La.1/4xkeidc.\e Name/Title: (A),1(j am u/aIF , /CEG/Ptiur%v1 (Address) State of c)r•,c\`c. County of rra ,CArd. The foregoing instrument was acknowledged before me by means off'physical presence or ❑ online notarization, this Zo day of tJ(wrnbcc , 202k by U.),\V,cmy\ wcA\‘[_.e r , as C E01?(A rat,po.\ of FbAit :ctide a C CC corporation, known to me to be the person described herein, or who produced r\r,,rcrs \;(..ersP as identification, and who did/did not take an oath. NOTARY PUBLIC: Signature) ( o�« PO. Commission ^� t � Commission S HH 609021 ` 1 c\Q X\5 tan: KJ4 T ..' Commission Expires 11.03.2028 ��° Banded Through-Cynanotaiy (Print Name) 1 oc • Florida•Notary Public My commission expires: t\-03-2.c>2y 22 Docusign Envelope ID:1F 9531 CA-F 43F-44FD-A31 E-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 behalf of Concessionaire, hereby attests under penalty of perjury that Concessionaire does not meet any of the following 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 controlling 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 fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Concessionaire. CONCESSIONAIRE: 4.)c \-c'r OC LCtorlprdGIC , a c-C..0 corporation. 13ce b aSE C6rk- �av�e�cic to Name/Title: L.v;l\;c{,rn Ulal‘Ler - Q C-O(9 ,nc,{xA (Address) State of \vr;c\c. County of cwc -'di The foregoing instrument was acknowledged before me by means ofXphysical presence or 0 online notarization, this Zv day of IJokie-f•nbc,r 202 5 by 1�\\�om WaVC.er. as CFU i pr; ace\ of h o,Vtr lavcke,cct.\c a t-LC corporation, known to me to be the person described herein, or who produced c 1c,r, ewe rs \..c env; as identification, and who did/did not take an oath. NOTARY P LIC: (Signature) — — — — — — - — rµV DVS Alexis Leutzinger i 10, L Commission is 1iN 609021 ( � •., Commission Explres 11.03.2028 Bonded Through-Cynanotary (Print Name) 'a• ".cr osr� Florida-Notary Public My commission expires: 1\ -03--ZoZ ' 23 Docusign Envelope ID 1F9531CA-F43F-44FD-A31E-6D039E6FD909 EXHIBIT "4" NON-ALCOHOLIC EXCLUSIVE POURING RIGHTS CITY CONTRACTS (CURRENT PRODUCT LIST) 24 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6DC39E6FD909 4111 W VI _ ; ti �! ;� a• O co R ^1 c Y `6 = _M.‘ rill .4e a V •� `$ a v fJ Ca Y v b 3t "1 Z N 6. M 7 N fn - CC 1: ki .11 } >X. a1 6r "' _ d,Z Q It •1:•? kr, Cr alle 1 t V C. U. 0 L.); it' OIC Yi 2 44 y .V�o ` Ab O �I n' mttad g., .413 i• re qq _ vto Al Yi J O - U, se 'i = dv CC a � __I • IIIs `u - v it PJ . 1O ; w aC. v �'08. = US y y g _N1 i, ` --,� O T. 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(1 ., c 13 c• C C) 1 0 • . 0 13 0 o . . 3 „ 10 (, •• 3 co 6 0 t fi 13 (f) 0 -..., co . 0 9 LIM CO rc, 4- 4-0 CL › , ''-) Docusign Envelope ID.1F9531CA-F43F-44FD-A31E-613039E6FD909 /IN I ID %-.. 111=1 - . , Docusign Envelope ID 1F9531CA-F43F-44FD-A31E-6D039E6F13909 L+ • • � E4 -yam,_ • 4, V c,n a !17 • �1 1 ki Docusign Envelope ID 1F9531CA-F43F-44FD-A31E-6D039E6F0909 4.41 t " ' • HI Docusign Envelope ID'1F9531CA-F43F-44FD-A31E-6D039E6F0909 ' a • 010 • 41 \ ; CO i ?, ' i = a u1 Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 t) Docusign Envelope ID:1F9531CA-F43F-44FD-A31E-6D039E6FD909 Exhibit"5" Name of 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 1F9531CA-F43F-44FD-A31E-6D039E6FD909 RESOLUTION NO. 2025-33708 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER 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 DIBIA 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/BIA AQUA PARTY BOAT, AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH CODE NAME E-LIXR INC., 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 "RFQ") 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 April 2, 2025; and WHEREAS, on May 5, 2025, the City received three (3) proposals from Aqua-Jet Miami LLC d/bla Aqua Party Boat, Code Name E-Lixr Inc., and Water Taxi of Fort Lauderdale 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 Mobility 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 Government Sunshine Law. and general information on 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-6D039E6F0909 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 dlb/a Aqua Party Boat, as the second-ranked proposer. and Code Name E-Lixr Inc., as the third- ranked proposer: and WHEREAS, after reviewing all of the submissions and the Committee's rankings and analysis, 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: 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, and further authorizing the City Manager and City Clerk to 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 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, 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 approval of the Mayor and City Commission. PASSED and ADOPTED this ;S day of ,i J unC 2025. . Steven Meiner, Mayor ATTEST: ______V JUL 1 5 1075 Rafa E. Granado, City Clerk :' APPROVED .V^ T') ' 1 FORM & Li\t-l.:.:i. iYCOlk? outED 1 & FOR EXECU i it....J 1 J,?.J City ttorncy c 12- Docusign Envelope ID 1F9531CA-F43F-44FD-A31E-6D039E6FD909 Procurement Requests - C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable 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, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER 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 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 CITY 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 solicitation is currently under the cone of silence. BACKGROUND/HISTORY The City of Miami Beach ("City") has long recognized the potential benefits of waterborne transportation as a sustainable, efficient, and congestion-reducing alternative to traditional road- based transit. To that end, 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 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)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 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-44F0-A31E-6D039E6FD909 issuance of a Business Tax Receipt(BTR)enabled 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 & 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 return 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 directing 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 learned 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(RFQ)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, ensuring a well- planned, strategically located network that meets passenger needs and regulatory requirements while supporting regional mobility initiatives. The Miami-Dade County Transportation Planning Organization (TPO) conducted a Waterbome 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 City 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 City 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 Transportation Enhancements and Special Projects, Department of Transportation and Public Works, Miami-Dade County: Valeria Mejia. ADA Manager. City of Miami Beach Public Works Department; Lindsey Precht, Assistant Director, City of Miami Beach Environment and Sustainability 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 Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government in the Sunshine Law. The Evaluation Committee was also provided with general information on the scope of services and a copy of 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): 1st ranked-Water Taxi of Fort Lauderdale LLC 2nd ranked -Aqua-Jet Miami LLC d/b/a Aqua Party Boat 3rd ranked-Code Name E-Lixr 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 cameras that support training. incident documentation, 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 Taxi of Fort Lauderdale would not only be bringing water taxis to the City but also 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, regulatory, and logistical requirements involved 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 lnforma Markets for the Fort Lauderdale International Boat Show. All 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 Name 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 LLC 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 event services. Operating from the Venetian Marina (formerly Sea isle 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,maintaining an excellent reputation for safety, professionalism, and customer service in the Miami marine industry Aqua Party Boat has provided similar services to the Miami River Commission. Placida Harbour Club. Inc., and Akima Docusign Envelope ID. 1 F9531 CA-F43F-44F D-A31 E-60039E6F D909 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&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 require a Business Impact Estimate? (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate(BIE)was published on: See BIE at: https://www.miamibeachfLgovicity-hallicity-clerklmeetinq-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 :s recommended that the City Commission approve the Resolution authorizing the Administration to enter into negotiations with Water Taxi of Fort Lauderdale LLC, as the too-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 Right to Know" items Is this item related to a G.O. Bond pursuant to City Code Section 2-17? Project? Docusign Envelope ID 1F9531CA-F43F-44FD-A31E-60039E6FD909 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 Procurement Sponsor(s1 Co-sponsor(s) Condensed Title Award RFQ 2025-284-ND. Water Taxi Service TR/PR Previous Action (For City Clerk Use Only) Docusign Envelope ID.1F9531CA-F43F-44FD-A31E-6D039E6FD909 I 0 CP z g t oa VY n se. i y♦ L .. I • 1 u t 1 ATTACHMENT A RESOLUTION&COMMISSION AWARD MEMO M I AM I BE/\ 2 H PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3r°Floor Miami Beach, Florida 33139 www.miamibeachfl.gov ADDENDUM NO. 1 REQUEST FOR QUALIFICATIONS NO. 2025-284-ND WATER TAXI SERVICE April 28, 2025 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only (deletions are shown by strikethrough and additions are underlined). I. RESPONSES TO QUESTIONS RECEIVED: Q1: As we discussed, I am concerned that the current evaluation process heavily prioritizes an existing operator purely for the sake of history, and not merit. Simultaneously, it deprioritizes a new operator who may have a better, more efficient, more sustainable plan for the city. In other words, the current evaluation ignores the question of"what is the best plan for the city and who is bringing that to the table" and merely looks at"who has done this before". By doing so, this process will likely eliminate the best plan for the city of Miami Beach, before it even comes to the table. Regarding this question, can you consider evaluating based on not only history, but also in terms of the actual proposal itself? Al: Responses will be evaluated based on the criteria set forth on Section 0400, Proposal Evaluation. The purpose of the RFQ is to select the best-qualified (as determined by the City) firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications and approach and methodology as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and cost. Q2: In addition, we discussed the "Sustainability"question. In the last 9 months, I have spoken with every MB Commissioner, and they are very excited for someone to build a system that is zero emission, and highlights Miami Beach as a model for the next generation of transportation. While the current evaluation process does ask for some sustainability information (meeting some basic requirements), I don't believe it will ask for"how will your system/proposal advance towards a zero-emission or otherwise sustainable system?" I know that this was a hallmark of what the Commissioners had expressed to me, that they wanted in this next water taxi operation. Again, if the primary qualifier at this point is just having a history of operation, then any candidate offering these advancements may/will not move forward towards the final selection process. Is it possible add an area of discussion towards sustainability and zero emission, that can be taken into account as a larger percentage of the evaluation? A2: The purpose of the RFQ is to select the best-qualified (as determined by the City)firm for the project. Responses pursuant to the RFQ are not to include scope. Rather, as required per the RFQ, proposers are to submit their qualifications and approach and methodology as indicated in Section 0300. After selection, the City and the selected firm will negotiate scope, terms, and cost. 1 I ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS NO 2025-284-ND WATER TAXI SERIVCE M I /\f\/\ I BEACH PROCUREMENT DEPARTMENT 1755 Meridian Avenue,3rd Floor Miami Beach,Florida 33139 www.miamibeachfl.gov Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado@miamibeachfl.gov Contact: Telephone: Email: Natalia Delgado 305-673-7000 ext. 26263 nataliadelgado@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, Z7 For Kristy Bada Chief Procurement Officer REMAINDER OF THE PAGE LEFT INTENTIONALLY BLANK ADDENDUM NO.1 REQUEST FOR QUALIFICATIONS NO.2025-284-ND WATER TAXI SERIVCE MIAMI BEACH Request for Qualifications (RFQ) 2025-284-N D Water Taxi Service TABLE OF CONTENTS SOLICITATION SECTIONS: 0100 INSTRUCTIONS TO RESPONDENTS 0200 GENERAL CONDITIONS 0300 PROPOSAL SUBMITTAL INSTRUCTIONS & FORMAT 0400 PROPOSAL EVALUATION APPENDICES: APPENDIX A SPECIAL CONDITIONS APPENDIX B SAMPLE CONTRACT APPENDIX C INSURANCE REQUIREMENTS APPENDIX D CITYWIDE PROCEDURE NO. 16.06 PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS APPENDIX E 2CFR APPENDIX II TO PART 200 MIAMI BEACH SECTION 0100 INSTRUCTIONS TO RESPONDENTS&GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Bidders to submit proposals for the City's consideration in evaluating qualifications to select a firm with whom it may negotiate an agreement for the purpose noted herein. The City utilizes Bidnet Direct (Government Bids Opportunities and RFP I BidNet Direct) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective Bidder who has received this RFQ by any means other than through Bidnet Direct must register immediately with Bidnet Direct to ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of the Proposal submitted. 2. BACKGROUND The City has long recognized the potential benefits of waterborne transportation as a sustainable, efficient, and congestion-reducing alternative to traditional road-based transit. To that end, 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 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) 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 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 issuance of a Business Tax Receipt (BTR) enabled 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&Yacht Club, also known as Sea Isle Marina (1635 N. Bayshore Drive, Miami). Despite the Pilot Program's intent to serve as a steppingstone 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 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. Furthermore, the City Commission accepted the recommendation of the FERC and adopted Resolution 2024-33247 directing the Administration to terminate the concession 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 learned from the Pilot Program, the City now seeks to establish a more robust and integrated water taxi network that aligns with broader transportation goals and provides both east-west cross-bay service as well as north-south service along the west coast of Miami Beach, and along the Indian Creek waterway. This RFQ invites experienced water taxi operators to propose sustainable, innovative, and financially viable service models that n,;A!A BEACH 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, ensuring a well-planned and strategically located network that meets passengers' local mobility needs and regulatory requirements while supporting regional 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 City 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 the Water Taxi Service,the City is in the process of engaging a consultant with expertise in waterborne transportation projects. The consultant will assist the City in refining the selected vendor's water taxi service plan, infrastructure assessment, and financial feasibility analysis to ensure that the selected vendor can deliver a well-integrated and sustainable transit solution. 3. PURPOSE. The City seeks to establish a waterborne transportation service that enhances mobility, reduces congestion, and integrates with existing public transit. This RFQ aims to identify experienced operators capable of designing, implementing, operating, and maintaining a comprehensive water taxi network connecting key locations across the City of Miami Beach and surrounding areas and connecting to the City of Miami. The selected vendor shall provide innovative and financially sustainable service models that align with regional waterborne transit plans, support public-private partnerships (PPP), and help secure state and federal transit grants. The service must be flexible, efficient, and environmentally responsible,with strategically located docking stations and seamless integration into the City's transportation system. Qualified firms are invited to submit their credentials demonstrating their ability to manage, operate, and sustain a water taxi service that meets these objectives. 3.1 Interested Parties. Interested parties are invited to submit proposals in accordance with Section 0300. A Pre-proposal conference will be held in accordance with Section 0100, Sub-sections 7 and 8. All proposals will be evaluated in accordance with the criteria found in Section 0400. 4. SCOPE OF WORK REQUIRED. The City seeks qualified firms to design, implement, and operate a network of interconnected water taxi routes that enhance mobility, reduce roadway congestion, and integrate seamlessly with the City's existing public transportation system. The envisioned network consists of: 1. East-West Route—Connecting Miami Beach to Miami via cross-bay service. 2. South-North Route—Running along the western coast of Miami Beach from South of 5th to North Beach. 3. Indian Creek Waterway Route—Providing transit along the Indian Creek waterway, serving key destinations. The selected vendor will collaborate with the City and the City's designated consultant to refine system design,docking locations, service frequency, and operational framework. The scope of work includes: • Planning &Feasibility—Conducting ridership and route analysis, identifying docking infrastructure needs, and ensuring regulatory compliance. • Permits, Compliance,and Vessel—Defining the operational model,securing necessary permits, and selecting vessel types that meet environmental and accessibility requirements. • Implementation &Operations—Deploying vessels, establishing service schedules, integrating fare collection, and maintaining safety and service reliability. • Financial & Sustainability Planning — Proposing funding models, including public-private partnerships (PPP) and grant opportunities, to ensure long-term viability. • Public Engagement & Performance Monitoring — Implementing marketing strategies to drive ridership and M I A MI BEACH tracking service performance through key indicators. Prospective bidders must demonstrate their qualifications by showcasing their ability to successfully operate a similar service and their capacity to collaborate on route design and implementation in partnership with the City. The final service model will be shaped through negotiations to ensure it meets the City's long-term mobility goals. 5. ANTICIPATED RFQ TIMETABLE. The tentative schedule for this solicitation is as follows: RFQ Issued March 21, 2025 Pre-Proposal Meeting April 2, 2025 at 11:00 am ET Join on your computer or mobile app Join the meeting now Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 130 974 386# Deadline for Receipt of Questions April 18, 2025, at 5:00 pm ET Responses Due May 5, 2025, at 3:00 pm ET Join on your computer or mobile app .loin the meeting now Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 966 502 021# Evaluation Committee Review TBD Tentative Commission Approval TBD Contract Negotiations Following Commission Approval 6. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact Telephone Email. Natalia Del.ado 305-673-7000 ext.26263 nataliadel.ado• miamibeachfl..ov Additionally, the City Clerk is to be cosied on all communications via email at RafaelGranado• miamibeachfl.•ov o is facsimile: 786-394-4188. The Proposal title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0100-5. All responses to questions/clarifications will be sent to all prospective Bidders in the form of an addendum. 7. PRE-PROPOSAL MEETING OR SITE VISIT(S). A pre-proposal meeting or site visit(s) may be scheduled. Attendance for the pre-proposal meeting shall be via web conference and recommended as a source of information but is not mandatory. Bidders interested in participating in the Pre-Proposal Meeting must follow these steps: Join on your computer or mobile app Join the meeting now Or call in (audio only) +1 786-636-1480 United States, Miami Phone Conference ID: 130 974 386# Bidders who are participating should send an email to the contact person listed in this RFQ expressing their intent to participate. AAIAM.I BEACH 8. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-submittal meeting or site visit(s). The City, by means of Addenda, will issue interpretations or written addenda clarifications that are considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through Bidnet Direct. Any prospective bidder who has received this RFQ by any means other than through Bidnet Direct must register immediately with Bidnet Direct to ensure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of the Proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 9. CONE OF SILENCE. This RFQ is subject to, and all bidders are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Bidders shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranadomiamibeachfl.gov 10.ADDITIONAL INFORMATION OR CLARIFICATION.After proposal submittal,the City reserves the right to require additional information from Bidders (or Bidder team members or sub-consultants) to determine qualifications (including, but not limited to, litigation history, regulatory action, or additional references) and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). 11. BIDDER'S RESPONSIBILITY. Before submitting a response, each Bidder shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Bidder from any obligation to comply with every detail and with all provisions and requirements of the contract and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Bidder. 12.DETERMINATION OF AWARD.The City Manager may appoint an evaluation committee to assist in the evaluation of proposals received. The evaluation committee is advisory only to the city manager. The city manager may consider the information provided by the evaluation committee process and/or may utilize other information deemed relevant. The City Manager's recommendation need not be consistent with the information provided by the evaluation committee process and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity, and skill of the Bidder to perform the contract. (2) Whether the Bidder can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience, and efficiency of the Bidder. (4) The quality of performance of previous contracts. (5) The previous and existing compliance by the Bidder with laws and ordinances relating to the contract. The City Manager may recommend to the City Commission the Bidder(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals that it deems to be in the best interest of the City, or it may also reject all Proposals. 13. NEGOTIATIONS. Following selection,the City reserves the right to enter into further negotiations with the selected Bidder. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Bidder 1\.A I A I\.A, BEACH in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Bidders that no property, contract, or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to, approved by the City, and executed by the parties. 14. E-VERIFY. As a contractor, you are obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." Therefore, you shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 15. BIDNET DIRECT The Procurement Department utilizes Bidnet Direct,a Supplier-to-Government electronic bidding (e-Bid) platform. If you would like to be notified of available competitive solicitations released by the City, you must register and complete your vendor qualifications through id net Direct, https://www.bidnetdirect.com/florida/cityofmiamibeach. Registration is easy and will only take a few minutes. For detailed instructions on how to register, complete vendor qualifications, and submit electronic bids, visit https://www.miamibeachfl.gov/city-hall/procurement/for-approval-how-to-become-a-vendor/. Should you have any questions regarding this system or registration, please visit the above link or contact Bidnet Direct's Support Department, at support@bidnet.com or 1-800-835-4603, option 2. 16. HOW TO MANAGE OR CREATE A VENDOR PROFILE ON VENDOR SELF SERVICE (VSS). In addition to registering with Bidnet Direct, the City encourages vendors to register with our online Vendor Self-Service web page, allowing City vendors to easily update contacts, attachments (W-9), and commodity information. The Vendor Self- Service (VSS) webpage (https://selfservice.miamibeachfl.qov/vss/Vendors/default.aspx) will also provide you with purchase orders and payment information. Should you have any questions and/or comments, do not hesitate to submit them to vendorsupport anmiamibeachfl.gov. 17. SUPPLIER DIVERSITY. The City has established a registry of LGBT-owned businesses, as certified by the National LGBT Chamber of Commerce (NGLCC), and small and disadvantaged businesses, as certified by Miami- Dade County. See authorizing resolutions here. If your company is certified as an LGBT-owned business by NGLCC or as a small or disadvantaged business by Miami-Dade County, click on the link below to be added to the City's supplier registry (Vendor Self-Service) and bid system (Bidnet Direct). These are two different systems, and it is important that you register for both. Click to see acceptable certification and to register: https://www.miamibeachfl.gov/city-hall/procurement/how-to- become-a-vendor/. 18. INDEMNIFICATION The Contractor agrees that it will indemnify and hold the Federal Government, its employees and their contractors,the State of Florida, its employees and their contractors, the County, its employees and their contractors, and the Municipality and its employees and their contractors harmless from liability to third parties for claims asserted under such contract for any work performed. MIAMI BEACH SECTION 0200 GENERAL CONDITIONS FORMAL SOLICITATIONS TERMS &CONDITIONS -GOODS AND SERVICES. By virtue of submitting a proposal in response to this solicitation, the Bidder agrees to be bound by and in compliance with the Terms and Conditions for Services (dated 10.27.2022), incorporated herein, which may be found at the following link: https://www.miamibeachtl.gov/city-hall/procurementistandard-terms-and-conditions/ SOLICITATION TERMS & CONDITIONS — GRANTS AND FEDERAL REQUIREMENTS. By virtue of submitting a bid in response to this ITB, Bidder agrees to be bound by and in compliance with the Contract Provisions for Federal Awards (dated 8/20/20), incorporated herein, located at: https://www.miamibeachfl.gov/city-hall/procurement/standard-terms-and-conditions/ Balance of Page Intentionally Left Blank MIAMI BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. ELECTRONIC RESPONSES (ONLY). Proposals must be submitted electronically through Bidnet Direct on or before the date and time indicated. Hard copy proposals or proposals received through email or facsimile are not acceptable and will be rejected. A bidder may submit a modified proposal to replace all or any portion of a previously submitted proposal until the deadline for proposal submittals. The City will only consider the latest version of the bid. Electronic proposal submissions may require the uploading of attachments. All documents should be attached as separate files in accordance with the instructions included in Section 4 below. Attachments containing embedded documents or proprietary file extensions are prohibited. It is the Bidder's responsibility to ensure that its bid, including all attachments, is uploaded successfully. Only proposal submittals received and time stamped by Bidnet Direct prior to the proposal submittal deadline shall be accepted as submitted in a timely manner. Late bids cannot be submitted and will not be accepted. Bidders are cautioned to allow sufficient time for the submittal of bids and uploading of attachments. Any technical issues must be submitted to Bidnet Direct by contacting 1-800-835-4603,option 2, or support@bidnet.com.The City cannot assist with technical issues regarding submittals and will in no way be responsible for delays caused by any technical or other issue. It is the sole responsibility of each Bidder to ensure its Proposal is successfully submitted in Bidnet Direct prior to the deadline for proposal submittals. 2. NON-RESPONSIVENESS. Failure to submit the following requirements shall result in a determination of non- responsiveness. Non-responsive proposals will not be considered. 1. Bid Submittal Questionnaire. 2. Failure to comply with the Minimum Eligibility Requirements (if applicable). 3. OMITTED OR ADDITIONAL INFORMATION. Failure to complete and submit the Bid Submittal Questionnaire (submitted electronically) with the bid and by the deadline for submittals shall render a proposal non- responsive. With the exception of the Bid Submittal Questionnaire (completed and submitted electronically), the City reserves the right to seek any omitted information/documentation or any additional information from the Bidder or other source(s), including but not limited to any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Bidder to perform in accordance with contract requirements. Failure to submit any omitted or additional information in accordance with the City's request shall result in the Proposal being deemed non-responsive. 4. ELECTRONIC PROPOSAL FORMAT. In order to maintain comparability, facilitate the review process, and assist the Evaluation Committee in review of proposals, it is strongly recommended that proposals be organized and tabbed in accordance with the tabs and sections as specified below.The electronic submittal should be tabbed as enumerated below and contain a table of contents with page references. The electronic Proposal shall be submitted through the "Documents" tab in Bidnet Direct. TAB 1 Cover Letter and Table of Contents 1.1 Cover Letter and Table of Contents. The table of contents should indicate the tabs, sections with tabs, and page numbers to facilitate the evaluation committee's review. The cover letter must be signed by a principal or agent able to bind the firm. MIAMI BEACH TAB 2 Experience and Qualifications 2.1 Qualifications of Proposing Firm: Submit detailed information regarding the relevant experience and proven track record of the firm or its principals in providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to a municipality, county, or state agency. Submit at least three (3) client references within the last five (5) years, exemplifying experience in water taxi, ferry, or similar transit operations. For each reference submitted, the following is required: • agency/client name, • agency/client contact name, • contact telephone &email, • scope of services provided, • start and completion dates. For each reference, identify whether the experience is for the firm or for a principal (include name of principal, if applicable). TAB 3 Approach and Methodology Submit detailed information on the approach and methodology that the Bidder and its team have utilized on previous engagements to accomplish a similar scope of work, including detailed information, as applicable,which addresses, but need not be limited to: 3.1 System Design & Implementation. Outline the process for designing and launching a water taxi service, including site selection for docking locations,vessel procurement, regulatory approvals,and integration with existing transit infrastructure. 3.2 Service Operations & Logistics. Provide a comprehensive operations plan covering fleet management, scheduling, staffing,fare collection,and passenger safety measures. Include strategies for ensuring service reliability, frequency, and adherence to performance metrics. 3.3 Environmental & Regulatory Compliance. Demonstrate the ability to navigate permitting and regulatory approvals from agencies such as the U.S. Coast Guard, Florida Fish &Wildlife Conservation Commission (FWC), and U.S. Army Corps of Engineers, while addressing environmental considerations such as wake control, marine life protection, and ADA accessibility. 3.4 Financial & Business Model. Demonstrate experience in securing grant funding and other financial resources to support waterborne service. Highlight past success in assisting clients with obtaining grants that offset costs, as well as experience in identifying and implementing revenue-generating opportunities such as public-private partnerships(PPP), fare-based revenue models, and advertising (both onboard and offboard). 3.5 Customer Experience&Marketing. Detail past experience in passenger engagement, branding, ticketing solutions,and public outreach efforts, including strategies to drive ridership growth, ensure seamless transit integration, and enhance the overall customer experience. Balance of Page Intentionally Left Blank SECTION 0400 PROPOSAL EVALUATION 1. EVALUATION COMMITTEE. An Evaluation Committee, appointed by the City Manager, may meet to evaluate each Proposal in accordance with the qualitative criteria set forth below. In doing so, the Evaluation Committee may review and score all proposals received, with or without requiring presentations. It is important to note that the Evaluation Committee is advisory only and does not make an award recommendation to the City Manager or the City Commission. The City Manager will utilize the results to take one of the following actions: a. In the event that only one responsive Proposal is received, the City Manager, after determination that the sole responsive Proposal materially meets the requirements of the RFQ, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations or b. The City Manager may recommend that the City Commission authorize negotiations or award a contract to one or more firms in accordance with Section 0100, Sub-section 12, or c. The City Manager may Recommend that the City Commission short-list one or more firms for further consideration by the Evaluation Committee or d. The City Manager may recommend to the City Commission that all firms, if more than one (1) responsive submittal is received, be rejected. 2. PRESENTATIONS BY SHORT-LISTED FIRMS. If a short-listing of firms responding to this RFQ is approved, the short-listed firms may be required to make presentations to and be interviewed by the Evaluation Committee. In further considering the short-listed firms,the Evaluation Committee will utilize the criteria set forth in Sub-section 4 below. 3. TECHNICAL ADVISORS. The City, at its discretion, may utilize technical or other advisers to assist the evaluation committee or the City Manager in evaluating proposals. 4. EVALUATION CRITERIA. Responsive, responsible proposals will be evaluated in accordance with the following criteria: Qualitative Criteria Maximum Points (Points Assigned by Evaluation Committee) Experience& Qualifications (Tab 2) 60 Approach & Methodology(Tab 3) 40 TOTAL AVAILABLE POINTS for Qualitative Criteria 100 Quantitative Criteria Maximum Points (Points Assigned by Procurement Department) Veteran's Preference Points 5 TOTAL AVAILABLE POINTS for Qualitative and Quantitative 105 5. QUALITATIVE CRITERIA. The Evaluation Committee shall review responsive, responsible proposals and assign points for the qualitative factors only. The Evaluation Committee shall not consider quantitative factors (e.g., veteran's preference) in its review of proposals. The Evaluation Committee shall act solely as an advisory to the City Manager. The results of the Evaluation Committee process do not constitute an award recommendation. The City Manager may utilize, but is not bound by, the results of the Evaluation Committee process, as well as consider any feedback or information provided by staff, consultants, or any other third party in developing an award recommendation in accordance with Section 0100, Sub-section 10. In its review of proposals received, the Evaluation Committee may review and score all proposals, with or without conducting interview sessions, in accordance with the evaluation criteria. 6. QUANTITATIVE CRITERIA. Following the results of the evaluation of the qualitative criteria by the Evaluation Committee, the Bidders may receive additional points, which will be added by City staff.Veterans' Preference points will be assigned in accordance with Section 2-374 of the City Code. 7. DETERMINATION OF FINAL RANKING. The sum of the evaluation criteria points will be converted to rankings in accordance with the example below: Bidder A Bidder B Bidder C Qualitative Points 82 74 80 Committee Quantitative Points 10 5 0 Member 1 Total 92 79 80 Rank 1 3 2 Qualitative Points 82 85 72 Committee Quantitative Points 10 5 0 Member 2 Total 92 90 72 Rank 1 2 3 Qualitative Points 90 74 66 Committee Quantitative Points 10 5 0 Member 2 Total 100 79 66 Rank 1 2 3 Low Aggregate Score 3 7 8 Final Ranking` 1 2 3 It is important to note that the results of the proposal evaluation process in accordance with Section 0400 do not represent an award recommendation. The City Manager will utilize the results of the proposal evaluation process and any other information he deems appropriate to develop an award recommendation to the City Commission,which may differ from the results of the proposal evaluation process and final rankings. Balance of Page Intentionally Left Blank APPENDIX A A „ Special Conditions 2025-284-ND WATER TAXI SERVICE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 1. TERM OF CONTRACT. The term of the Agreement resulting from this RFQ shall be for an initial term of five (5) years. 2. OPTION TO RENEW. The City, through its City Manager, will have the option to extend for one (1) two-year renewal term or two (2) one-year renewal terms at the City Manager's sole discretion. The successful Contractor shall maintain, for the entirety of any renewal period, the same terms and conditions included within the originally awarded contract. Continuation of the contract beyond the initial period, and any option subsequently exercised, is a City prerogative and not a right of the successful Contractor. 3. CHANGE OF PROJECT MANAGER.A change in the Consultant's project manager(as well as any replacement) shall be subject to the prior written approval of the City Manager or his designee (who, in this case, shall be an Assistant City Manager). Replacement (including reassignment) of an approved project manager or public information officer shall not be made without submitting a resume for the replacement staff person and receiving prior written approval from the City Manager or his designee (i.e., the City project manager). 4. ADDITIONAL TERMS OR CONDITIONS. This RFQ, including the attached Contract, contains all the terms and conditions applicable to any service being provided to the City resulting from award of Contract. By virtue of submitting a proposal,Consultant agrees not to require additional terms and conditions at the time services are requested, either through a separate agreement, work order, letter of engagement, or purchase order. APPENDIX B M I AM I B E AC H Sample Contract 2025-284-N D WATER TAXI SERVICE BY VIRTUE OF SUBMITTING A PROPOSAL,THE FIRM HEREBY TAKES NO EXCEPTIONS TO THE TERM AND CONDITIONS NOTED IN THIS SAMPLE CONTRACT PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND [FILL IN CONSULTANT NAME] FOR [XXXXXXXXXXXXXXXX], PURSUANT TO [FILL IN RFP, RFQ, OR ITB#] This Professional Services Agreement ("Agreement") is entered into this XXXXXX day of XXXXXXXXXXXX, 20 ("Effective Date"), between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 (the "City"), and [FILL IN CONSULTANT NAME], a [FILL IN TYPE OF ENTITY/I.E. CORPORATION, LLC, ETC.], whose address is XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX ("Consultant"). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. City Manager's Designee: The City staff member who is designated by the City Manager to administer this Agreement on behalf of the City. The City Manager's designee shall be the Department Director. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach [FILL IN RFP, RFQ, OR ITB] No. [XXXXXXXXXXXXXX] for [XXXXXXXXXXXXXXXXXXXXXX], together with all amendments thereto, issued by the City in contemplation of this Agreement [FILL IN CORRECT ABBREVIATION RFP, RFQ, OR ITB], and the Consultant's proposal in response thereto ("Proposal"), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the [FILL IN RFP, RFQ, or ITB]; and the Proposal. 1 Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139; telephone number (305) 673-7000, Ext. 6435; and fax number (305) 673-7023. SECTION 2 SCOPE OF SERVICES 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit"A" hereto (the "Services"). [NOTE: EXHIBIT "A" MUST INCLUDE DETAILED DESCRIPTION OF SERVICES] Although Consultant may receive a schedule of the available hours to provide its Services, the City shall not control nor have the right to control the hours of the Services performed by the Consultant; where the Services are performed (although the City will provide Consultant with the appropriate location to perform the Services); when the Services are performed, including how many days a week the Services are performed; how the Services are performed, or any other aspect of the actual manner and means of accomplishing the Services provided. Notwithstanding the foregoing, all Services provided by the Consultant shall be performed in accordance with the terms and conditions set forth in Exhibit "A" and to the reasonable satisfaction of the City Manager. If there are any questions regarding the Services to be performed, Consultant should contact the following person: 2.2 Consultant's Services, and any deliverables incident thereto, shall be completed in accordance with the timeline and/or schedule in Exhibit [XXX] hereto. [NOTE: TIMELINE FOR DELIVERABLES CAN ALSO BE INCLUDED IN EXHIBIT "A" OR IN SEPARATE EXHIBIT] SECTION 3 TERM The term of this Agreement ("Term") shall commence upon execution of this Agreement by all parties hereto (the Effective Date set forth on p. 1 hereof), and shall have an initial term of [XXXXXXXXXXXX], with [XXXXXXXXXX] renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. Notwithstanding the Term provided herein, Consultant shall adhere to any specific timelines, schedules, dates, and/or performance milestones for completion and delivery of the Services, as same is/are set forth in the timeline and/or schedule referenced in Exhibit [XXX] hereto. 2 SECTION 4 FEE 4.1 In consideration of the Services to be provided, Consultant shall be compensated on a fixed fee basis, in the amount of $XXXXXXXX , for a total annual amount not to exceed $XXXXXXX . 4.2 [NOTE: INCLUDE AMOUNT FOR REIMBURSABLES, IF ANY]. 4.3 [NOTE: INCLUDE HOW FEE IS TO BE PAID — I.E. "X" PERCENTAGE UP FRONT; "X" UPON DELIVERY; MONTHLY; LUMP SUM; ETC.]. 4.4 INVOICING Upon receipt of an acceptable and approved invoice, payment(s) shall be made within forty-five (45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City for any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall 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 Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 3 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. ADDITIONALLY, IN THE EVENT OF A PUBLIC HEALTH, 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 CONSULTANT, MAY IMMEDIATELY SUSPEND THE SERVICES UNDER THIS AGREEMENT FOR A TIME CERTAIN, OR IN THE ALTERNATIVE, TERMINATE THIS AGREEMENT ON A GIVEN DATE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT 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 AGREEMENT. 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify, defend and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The Consultant expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the Consultant shall in no way limit the Consultant's responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. 4 The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS [NOTE: INSURANCE TYPES AND LIMITS BELOW SHOULD ALWAYS BE SAME AS WHAT WAS SPECIFICED IN BID DOCUMENTS] The Consultant shall maintain and carry in full force during the Term, the following insurance: 1. Consultant General Liability, in the amount of$1,000,000; 2. Workers Compensation & Employers Liability, as required pursuant to Florida Statutes; 3. Auto Liability Insurance, in the amount of$1,000,000 [NOTE: may be required if the services require transporting persons or equipment owned by the City of Miami Beach]. 4. Professional Liability, in the amount of $1,000,000 [NOTE: required for professional services or when working in such a capacity that the City determines Professional Liability coverage to be necessary, such as working with minors]. The insurance must be furnished by insurance companies authorized to do business in the State of Florida. All insurance policies must be issued by companies rated no less than "A-" as to management and not less than "Class VI" as to strength by the latest edition of Best's Insurance Guide, published by A.M. Best Company. Timely renewal certificates will be provided to the City as coverage renews. The insurance certificates for General Liability shall include the City as an additional insured and shall contain a waiver of subrogation endorsement. Consultant's insurance shall be primary and not contributory for direct claims arising out of the Agreement under the Commercial General Liability policy. If the Professional Liability coverage is provided on a claims made basis, then such insurance shall continue for (3) years following the expiration or termination of the Agreement. Original certificates of insurance must be submitted to the City's Risk Manager for approval (prior to any work and/or services commencing) and will be kept on file in the Office of the Risk Manager. The City shall have the right to obtain from the Consultant specimen copies of the insurance policies in the event that submitted certificates of insurance are inadequate to ascertain compliance with required coverage. The Consultant is also solely responsible for obtaining and submitting all insurance certificates for any sub-consultants. Compliance with the foregoing requirements shall not relieve the Consultant of the liabilities and obligations under this section or under any other portion of this Agreement. The Consultant shall not commence any work and or services pursuant to this Agreement until all insurance required under this section has been obtained and such insurance has been approved by the City's Risk Manager. 5 SECTION 7 LITIGATION JURISDICTIONNENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 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 Agreement. Nothing contained in this section or elsewhere in this Agreement 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. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT-, AND CONFIDENTIAL FINDINGS 9.1 DUTY OF CARE With respect to the performance of the Services contemplated herein, Consultant 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. 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the Services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 6 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIAL FINDINGS Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City Manager, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City Manager. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 INSPECTOR GENERAL AUDIT RIGHTS (A) Pursuant to 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 General 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 shall have the power to audit, investigate, monitor, oversee, inspect and review operations, activities, performance and procurement process including but not limited to project design, bid specifications, (bid/proposal) submittals, activities of the Consultant, its officers, agents and employees, lobbyists, City staff and elected officials to ensure 7 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 of its overall annual contract expenditures to fund the activities and operations of the Office of Inspector General. (C) Upon ten (10) days written notice to the Consultant, the Consultant shall 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/proposal) submittals, activities of the Consultant 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 the Consultant's possession, custody or control which in the Inspector General's sole judgment, pertain to performance of the contract, including, but not limited to original estimate files, change order estimate files, worksheets, proposals and agreements from and with successful subcontractors and suppliers, all project-related correspondence, memoranda, instructions, financial 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, payroll and personnel records and supporting documentation for the aforesaid documents and records. (E) The Consultant shall make available at its office at all reasonable times the records, materials, and other evidence regarding the acquisition (bid preparation) and performance of this Agreement, for examination, audit, or reproduction, until three (3) years after final payment under this Agreement or for any longer period required by statute or by other clauses of this Agreement. In addition: If this Agreement is completely or partially terminated, the Consultant shall make available records relating to the work terminated until three (3) years after any resulting final termination settlement; and ii. The Consultant shall make available records relating to appeals or to litigation or the settlement of claims arising under or relating to this Agreement until such appeals, litigation, or claims are finally resolved. (F) The provisions in this section shall apply to the Consultant, its officers, agents, employees, subcontractors and suppliers. The Consultant shall incorporate the provisions in this section in all subcontracts and all other agreements executed by the Consultant in connection with the performance of this Agreement. 8 (G) Nothing in this section shall impair any independent right to the City to conduct audits or investigative activities. The provisions of this section are neither intended nor shall they be construed to impose any liability on the City by the Consultant or third parties. 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 NO DISCRIMINATION In connection with the performance of the Services, the Consultant shall not exclude from participation in, deny the benefits of, or subject to discrimination anyone on the grounds of race, color, national origin, sex, age, disability, religion, income or family status. Additionally, Consultant shall comply 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, sexual 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. 10.6 CONFLICT OF INTEREST Consultant herein agrees to adhere to and be governed by all applicable Miami-Dade County 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 Charter and Code, as may be amended from time to time; both of which are incorporated by reference as if fully set forth herein. Consultant 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. Consultant further covenants that in the performance of this Agreement, Consultant shall not employ any person having any such interest. 10.7 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW (A) Consultant shall comply with Florida Public Records law under Chapter 119, Florida Statutes, as may be amended from time to time. 9 (B) The term "public records" shall have the meaning set forth in Section 119.011(12), which means all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless 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 the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: (1) Keep and maintain public records required by the City to perform the service; (2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes or as otherwise provided by law; (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed, except as authorized by law, for the duration of the contract term and following completion of the Agreement if the Consultant does not transfer the records to the City; (4) Upon completion of the Agreement, transfer, at no cost to the City, all public records in possession of the Consultant or keep and maintain public records required by the City to perform the service. If the Consultant transfers all public records to the City upon completion of the Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Consultant keeps and maintains public records upon completion of the Agreement, the Consultant shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. (D) REQUEST FOR RECORDS; NONCOMPLIANCE. (1) A request to inspect or copy public records relating to the City's contract for services must be made directly to the City. If the City does not possess the requested records, the City shall immediately notify the Consultant of the request, and the Consultant must provide the records to the City or allow the records to be inspected or copied within a reasonable time. (2) Consultant's failure to comply with the City's request for records shall constitute a breach of this Agreement, and the City, at its sole discretion, may: (1) unilaterally terminate the Agreement; (2) avail itself of the remedies set forth under the Agreement; and/or (3) avail itself of any available remedies at law or in equity. (3) A Consultant who fails to provide the public records to the City within a reasonable time may be subject to penalties under s. 119.10. (E) CIVIL ACTION. (1) If a civil action is filed against a Consultant to compel production of public records relating to the City's contract for services, the court shall assess and award against the Consultant the reasonable costs of enforcement, including reasonable attorneys' fees, if: a. The court determines that the Consultant 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 10 notice of the public records request, including a statement that the Consultant has not complied with the request, to the City and to the Consultant. (2) A notice complies with subparagraph (1)(b) if it is sent to the City's custodian of public records and to the Consultant at the Consultant's address listed on its contract with the City or to the Consultant'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. (3) A Consultant who complies with a public records request within 8 business days after the notice is sent is not liable for the reasonable costs of enforcement. (F) IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, OR AS TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY OF MIAMI BEACH ATTENTION: RAFAEL E. GRANADO, CITY CLERK 1700 CONVENTION CENTER DRIVE MIAMI BEACH, FLORIDA 33139 E-MAIL: RAFAELGRANADOMIAMIBEACHFL.GOV PHONE: 305-673-7411 10.8 FORCE MAJEURE (A) A "Force Majeure" event is an event that (i) in fact causes a delay in the performance of the Consultant or the City's obligations under the Agreement, and (ii) is beyond the reasonable control of such party 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 Agreement. (B) If the City or Consultant'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 Agreement, (iv) of the anticipated period of the delay, and (v) of what course of action such party plans to take in order to mitigate 11 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 of 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 occurrence of a Force Majeure event shall be on the requesting party. (C) No party hereto shall be liable for its failure to carry out its obligations under the Agreement 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 Agreement 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 result of the Force Majeure event with all reasonable dispatch. (D) Obligations pursuant to the Agreement 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 obligation 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 Agreement, and may take such action without regard to the notice requirements herein. Additionally, in the event that an event of Force Majeure delays a party's performance under the Agreement for a time period greater than thirty (30) days, the City may, at the sole discretion of the City Manager, terminate the Agreement on a given date, by giving written notice to Consultant of such termination. If the Agreement is terminated pursuant to this section, Consultant 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 Agreement. In no event will any condition of Force Majeure extend this Agreement beyond its stated term. 10.9 E-VERIFY (A) To the extent that Consultant provides labor, supplies, or services under this Agreement, Consultant shall comply with Section 448.095, Florida Statutes, "Employment Eligibility" ("E-Verify Statute"), as may be amended from time to time. Pursuant to the E-Verify Statute, commencing on January 1, 2021, Consultant shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees during the Term of the Agreement. Additionally, Consultant shall expressly require any subconsultant performing work or providing services pursuant to the Agreement to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subconsultant. If Consultant enters into a contract with an approved subconsultant, the subconsultant must provide the Consultant with an affidavit stating that the subconsultant does not employ, contract with, or subcontract with an unauthorized alien. Consultant shall maintain a copy of 12 such affidavit for the duration of this Agreement or such other extended period as may be required under this Agreement. (B) TERMINATION RIGHTS. (1) If the City has a good faith belief that Consultant has knowingly violated Section 448.09(1), Florida Statutes, which prohibits any person from knowingly employing, hiring, recruiting, or referring an alien who is not duly authorized to work by the immigration laws or the Attorney General of the United States, the City shall terminate this Agreement with Consultant for cause, and the City shall thereafter have or owe no further obligation or liability to Consultant. (2) If the City has a good faith belief that a subconsultant has knowingly violated the foregoing Subsection 10.9(A), but the Consultant otherwise complied with such subsection, the City will promptly notify the Consultant and order the Consultant to immediately terminate the contract with the subconsultant. Consultant's failure to terminate a subconsultant shall be an event of default under this Agreement, entitling City to terminate this Agreement for cause. (3) A contract terminated under the foregoing Subsection (B)(1) or (B)(2) is not in breach of contract and may not be considered as such. (4) The City or Consultant or a subconsultant may file an action with the Circuit or County Court to challenge a termination under the foregoing Subsection (B)(1) or (B)(2) no later than 20 calendar days after the date on which the contract was terminated. (5) If the City terminates the Agreement with Consultant under the foregoing Subsection (B)(1), Consultant may not be awarded a public contract for at least 1 year after the date of termination of this Agreement. (6) Consultant is liable for any additional costs incurred by the City as a result of the termination of this Agreement under this Section 10.9. 10.10 CONSULTANT'S COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS Consultant 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 certification 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 "B". 10.11 PROHIBITION ON CONTRACTING WITH A BUSINESS ENGAGING IN A BOYCOTT Consultant warrants and represents that it is not currently engaged in, and will 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, Consultant hereby certifies that Consultant is not currently engaged in, and for the duration of the Agreement, will not engage in a boycott of Israel. 10.12 PROHIBITION ON CONTRACTING WITH AN INDIVIDUAL OR ENTITY WHICH HAS PERFORMED SERVICES FOR COMPENSATION TO A CANDIDATE FOR CITY ELECTED OFFICE Consultant warrants and represents that, within two (2) years prior to the Effective Date, Consultant 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. 13 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 (including for example, legal or accounting services). 10.13 PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN WHEN AN INDIVIDUAL'S PERSONAL IDENTIFYING INFORMATION MAY BE ACCESSED 'NOTE: ONLY INCLUDE IF APPLICABLE) Consultant 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 place of business in a foreign country of concern (each a "Prohibited Entity"). A foreign country of concern is defined in Section 287.138 (1)(c), Florida 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 Entity. Consultant warrants and represents that it does not fall within the definition of a Prohibited Entity, and as such, has caused an authorized representative of Consultant to execute the "Prohibition Against Contracting with Entities of Foreign Countries of Concern Affidavit", incorporated herein by reference and attached hereto as Exhibit "C". SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. Until changed by notice, in writing, all such notices and communications shall be addressed as follows: 14 TO CONSULTANT: [FILL IN] TO CITY: [FILL IN] Notice may also be provided to any other address designated by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the date of an acknowledged receipt, or, in all other cases, on the date of receipt or refusal. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 WAIVER OF BREACH A party's failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or modification of this Agreement. A party's waiver of any breach of a provision of this Agreement shall not be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Agreement. 12.4 JOINT PREPARATION The parties hereto acknowledge that they have sought and received whatever competent advice and counsel as was necessary for them to form a full and complete understanding of all rights and obligations herein and that the preparation of this Agreement has been a joint effort of the parties, the language has been agreed to by parties to express their mutual intent and the resulting document shall not, solely as a matter of judicial construction, be construed more severely against one of the parties than the other. 15 12.5 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 16 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: Rafael Granado, City Clerk Eric Carpenter, City Manager Date: FOR CONSULTANT: [INSERT NAME] By: Print Name and Title Date: F: ATTOTTORG/Agreements/Professional Services Agreement 2021 modified 2-28-25 17 EXHIBIT "A" SCOPE OF SERVICES 18 RESOLUTION NO. 2025-33708 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER 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 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 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 "RFQ") 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 April 2, 2025; and WHEREAS, on May 5, 2025, the City 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., 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 Mobility 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 Government Sunshine Law, and general information on 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 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 all of the submissions and the Committee's rankings and analysis, 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; 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; and further authorizing the City Manager and City Clerk to 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 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, 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 approval of the Mayor and City Commission. PASSED and ADOPTED this o?S day of -1 Lint 2025. • Steven Meiner, Mayor ATTEST: JUL 1 5 2025 Rafa E. Granado, City Clerk s S' APPROVED AS TO $ •IOWED) FORM & LANGUAGE ( CORP OWED) & FOR EXECUTION -t J17J21e2 c City ltorney(12 Cate Procurement Requests - C2 B MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable 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, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER 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 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 CITY 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 solicitation is currently under the cone of silence. BACKGROUND/HISTORY The City of Miami Beach ("City") has long recognized the potential benefits of waterborne transportation as a sustainable, efficient, and congestion-reducing alternative to traditional road- based transit. To that end, 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 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)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 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 issuance of a Business Tax Receipt(BTR)enabled 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 & 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 return 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 directing 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 learned 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(RFQ)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, ensuring a well- planned, strategically located network that meets passenger needs and regulatory requirements while supporting regional 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 City 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 City 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 consider proposals received The Evaluation 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. City of Miami Beach Public Works Department; Lindsey Precht, Assistant Director, City of Miami Beach Environment and Sustainability 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 Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance, and the Government in the Sunshine Law. The Evaluation Committee was also provided with general information on the scope of services and a copy of each proposal. The Evaluation Committee was instructed to score and rank each proposal pursuant to the evaluation criteria established in the RFC). The evaluation process resulted in the ranking of proposers as indicated below (see Attachment): 1st ranked—Water Taxi of Fort Lauderdale LLC 2nd ranked -Aqua-Jet Miami LLC d/b/a Aqua Party Boat 3rd ranked-Code Name E-Lixr 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 cameras that support training, incident documentation, 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 Taxi of Fort Lauderdale would not only be bringing water taxis to the City but also 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. regulatory, and logistical requirements involved 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 International Boat Show. All 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/bia Aqua Party Boat,the second-ranked proposer. and Code Name 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 LLC 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 event services. Operating from the Venetian Marina (formerly Sea Isle 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, maintaining an excellent reputation for safety, professionalism, and customer service in the Miami marine industry Aqua Party Boat has provided similar services to the Miami River Commission, Placida Harbour Club. Inc., and Akima 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 indude Yachting Promotions, Inc.of Fort Lauderdale,American Social Bar&Kitchen, and Michael Malone, a private citizen. Alt 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 require a Business Impact Estimate? Click or tap here to enter text. (FOR ORDINANCES ONLY) If applicable, the Business Impact Estimate (BIE)was published on: See BIE at: https:,'/www.miamibeachfl.gov/city-hallicity-clerk/meetinq-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 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 Procurement Sponsor(s) Co-sponsor(s) Condensed Title Award RFQ 2025-284-ND, Water Taxi Service. TR/PR Previous Action (For City Clerk Use Only) .. I ao [11 it, 5/4 I o 0 Hr 1 I I � 01 4 a y 17; 1 =i •i ATTACHMENT B ADDENDUM AND RFQ SOLICITATION EXHIBIT "B" ANTI-HUMAN TRAFFICKING AFFIDAVIT Affidavit of Compliance with Anti-Human Trafficking Laws RFX-XX-XXX-XX- Contract Number and Title Pursuant to section 787.06(13), Florida Statutes, this portion of the form must be completed by an officer or representative of the nongovernmental entity executing, renewing, or extending a contract with a governmental entity. Name of entity does not use coercion for labor or services as defined in section 787.06, Florida Statutes. Under penalties of perjury, I declare that I have read the foregoing statement and that the facts stated in it are true. Entity Name: Representative/Officer's Printed Name: Representative/Officer's Title: Signature: Date: 19 EXHIBIT "C" PROHIBITION AGAINST CONTRACTING WITH FOREIGN COUNTRIES OF CONCERN AFFIDAVIT In accordance with Section 287.138, Florida Statutes, incorporated herein by reference, the undersigned, on behalf of Consultant, hereby attests under penalty of perjury that Consultant does not meet any of the following criteria in Paragraphs 2(a)-(c) of Section 287.138, Florida Statutes: (a) Consultant 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 Consultant; or (c) Consultant 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 fines and/or imprisonment. The undersigned is authorized to execute this affidavit on behalf of Consultant. CONSULTANT: , a corporation. Name/Title: (Address) State of County of The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of 202 by as of , a corporation, known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. NOTARY PUBLIC: (Signature) (Print Name) My commission expires: 20 APPENDIX C MAM BEACH Insurance Requirements 2025-284-ND WATER TAXI SERVICE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 INSURANCE REQUIREMENTS The vendor shall maintain the below required insurance in effect prior to awarding the contract and for the duration of the contract. The maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage may be treated as a material breach of the contract, which could result in withholding of payments or termination of the contract. A. Worker's Compensation Insurance for all employees of the vendor as required by Florida Statute 440, and Employer Liability Insurance for bodily injury or disease. Should the Vendor be exempt from this Statute,the Vendor and each employee shall hold the City harmless from any injury incurred during performance of the Contract. The exempt Vendor 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 contract or(ii) a copy of a Certificate of Exemption. B. Garage Keepers Legal Liability Insurance on an occurrence basis, including products and completed operations, contractual liability, property damage, bodily injury and personal & advertising injury for vehicles while in the Contractor's care, custody and control with limits no less than $1,000,000 per occurrence, and $2,000,000 general aggregate. C. Marine Contractors Liability Insurance on an occurrence basis, including products and completed operations, property damage, contractual liability, bodily injury and personal &advertising injury with limits no less than $1,000,000 per occurrence. D. Contractors' 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. Additional Insured-City of Miami Beach must be included by endorsement as an additional insured with respect to all liability policies (except Professional Liability and Workers' Compensation) arising out of work or operations performed on behalf of the contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired or borrowed in the form of an endorsement to the contractor's insurance. Notice of Cancellation-Each insurance policy required above shall provide that coverage shall not be cancelled, except with notice to 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 of subrogation on the coverages required. However, this provision applies regardless of whether the City has received a waiver of subrogation endorsement from the insurer. Acceptability of Insurers— Insurance 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—Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor's obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. CERTIFICATE HOLDER MUST READ: City of Miami Beach do Exigis Insurance Compliance Services P.O. Box 947 Murrieta, CA 92564 Kindly submit all certificates of insurance, endorsements, exemption letters to our servicing agent, EXIGIS, at: Certificates-miamibeachriskworks.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 circumstances. Compliance with the foregoing requirements shall not relieve the vendor of his liability and obligation under this section or under any other section of this agreement. APPENDIX D MAM BEACH Citywide Procedure No . 16 . 06 Procurement Requirements for Federally Funded Grants and Projects 2025-284-ND WATER TAXI SERVICE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 1 SEQUENCE ` �� �� r.A H MARCH 2O18 Of: 8 NUMBER: DATE UPDATED: P0.16.06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT I.PURPOSE.The purpose of this procedure is to comply with the procurement requirements of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 CFR Part 200) adopted by the United States Office of Management and Budget. Compliance with 2 CFR Part 200 is a requirement of federally funded grants. This Procedure includes the following exhibit: • Exhibit A—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards II.APPLICABILITY.This procedure is applicable to the expenditure of any funds,typically generated through federal grants or reimbursements, to which the 2 CFR, Part 200, requirements are applicable. The requirements stated herein shall be strictly adhered to by all employees,regardless of department,who are involved in the procurement of goods and services to which the aforementioned regulations are applicable, including but not limited to: all employees involved in procurement activities (e.g. seeking quotes, submitting requisitions, receiving materials, processing invoices) or the administration of a City contract (e.g., contract or project managers); evaluation committee members; and consultants and technical advisors. A. City's Procurement Regulations. In addition to any requirement stipulated herein, purchases funded by federal grants shall be in compliance with the City's own procurement regulations, including the requirements of Procedure P0.16.02. III. CODE OF ETHICS. All employees shall strictly adhere to City Procedure P0.03.01, Code of Ethics for Employees with Procurement Responsibilities, and the Miami-Dade County Conflict of Interest and Code of Ethics Ordinance(Section 2-11.1). IV.ALLOWABLE FEDERAL PROCUREMENT METHODS(2 CFR§200.320). Absent specific approval from the awarding federal agency (which may also be in the financial assistance agreement or funding agency program regulations), only the following five (5) methods of procurement may be used. Note that the methods and thresholds included herein may vary from the City's regular procurement regulations. 1. Micro Purchase.Micro purchases are small purchases made without the need for competition where the purchase price does not exceed$3,000 in the aggregate(or$2,000 for construction services covered by the Davis-Bacon Act). 2. Small Purchase Procedures (Quotes). Quotes are normally allowed for purchases of goods and services, and construction services under $100,000. Federal regulation requires an "adequate" number of quotes, but as guidance, it is recommended that a minimum of three (3) quotes should be obtained. A no-bid or no-response does not count as a quote for obtaining multiple competitive quotes. a. For construction-related projects in excess of$3,000,the applicability of the Davis-Bacon Act must be confirmed prior to seeking quotes. Construction services is defined by the Davis Bacon Act as the construction, alteration, or repair (including painting and decorating)of public buildings or public works. DocuSign Envelope ID.AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 2 SEQUENCE BEACH DATE UPDATED: Of: 8 NP0.BER: 16 06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT 3. Formal Sealed Invitations to Bid (ITB). For the purchase of goods and services, and construction services greater than$100,000 where cost is the primary determinant for award, an ITB may be used. City ITB procedures and standard practices apply. Cost analysis required when greater than $150,000. 4. Requests for Proposals (RFP). For the purchase of goods and services, and construction services greater than $100,000 where a combination of qualifications, proposed scope and cost are the determinants for the award, an RFP may be utilized. City RFP procedures and standard practices apply. Cost analysis required when greater than $150,000. 5. Requests for Qualifications (RFQ). An RFQ may only be used for architectural, engineering, landscape architectural, and surveying services, or services performed by any architect, professional engineer, landscape architect, or registered surveyor and mapper in connection with his or her professional employment or practice (See Section 287.055, Florida Statutes) where qualifications is primary the determinant for the award. City RFQ procedures and practices apply.Typically,the RFQ is used for awards in excess of$35,000. For other goods or services, an RFQ may not be utilized. Cost analysis required when greater than$150,000. a. The use of continuing contracts must be approved by the awarding agency prior to use. 6. Non-Competitive Proposals. Non-competitive proposals are discouraged and are only be allowed only where: (i)the item is available from only one source, (ii) public exigency (urgency) or emergency will not allow the delay for a competitive solicitation, (iii)the federal awarding agency approves a written request, or (iv) after solicitation of a number of sources, competition is not obtained. The awarding agency should be notified for approval any time the City intends to enter into a non-competitive contract. 7. Purchases Pursuant to Piggyback Contracts are Discouraged. The use of piggyback contracts is strongly discouraged by FEMA and should be avoided. Piggybacking requires prior approval of the Procurement Department after confirming the following: a. The original contract contains appropriate assignability provisions that permit the assignment of all or a portion of the specified deliverables under the terms originally advertised, competed, evaluated, and awarded, or contains other appropriate assignment provisions. b. The vendor has, in writing, agreed to transfer all contractual rights of the contract to the City through assignment. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 3 ' SEQUENCE %\ A ✓1 I BE AC H MARCH 2018 DATE UPDATED: Of: 8 NP0.BER: 16.06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT c. The original contract was procured in compliance with 2 C.F.R. §§ 200.318-200.326. d. The contract price has been analyzed and determined to be fair and reasonable. e. The contract contains all the federally required contract provisions. f. The scope of work to be performed falls within the scope of work under the original contract and there are no changes to the contract that fall outside of what was reasonably considered by the parties when they entered into the contract. g. The scope of the assigned contract originally procured by the assigning party does not exceed the amount of property and services required to meet the assigning party's original, reasonably expected needs. The federal regulations require the recipient or subrecipient to have procurement procedures that preclude it from acquiring property or services it does not need.Therefore, a contract would have an improper original scope if the original party added excess capacity in the original procurement primarily to permit assignment of those contract rights to another entity. Moreover, an assignable contract with an overbroad scope of work may lead to unreasonable pricing and thus should not be used. h. The quantities the assigning party acquired,coupled with the quantities the acquiring grantee or subgrantee seeks, do not exceed the amounts available under the assigning entity's contract. V. ADVERTISEMENT (2 CFR §200.320). Formal solicitations (i.e., ITB, RFP, RFQ) issued pursuant to this procedure, not exceeding an estimated value of$500,000, shall be publically advertised at least once in a newspaper of general circulation at least 21 days prior to the deadline for receipt of bids or proposals. Formal solicitations(i.e., ITB, RFP, RFQ) issued pursuant to this procedure,exceeding an estimated value greater than$500,000,shall be publicly advertised at least once in a newspaper of general circulation at least 30 days prior to the deadline for receipt of bids or proposals. VI. GEOGRAPHICAL PREFERENCES PROHIBITED (2 CFR §200.320). The use of statutorily or administratively imposed state or local geographical preferences in the evaluation of bids or proposals is prohibited except where applicable federal statutes expressly mandate or encourage such a preference. VII.COST PLUS A PERCENTAGE OF COST METHOD OF CONTRACTING PROHIBITED (2 CFR 200.323). The cost plus a percentage of cost and percentage of construction cost methods of contracting may not be used. VIII. TIME AND MATERIALS METHOD OF CONTRACTING DISCOURAGED (2 CFR 200.318(j)(1)). The City may only use time and material type contracts after a determination that no other contract is suitable. When such a determination has been made,the contract must include a ceiling price that the contractor exceeds at its own risk. Additionally, no time or material reimbursement may be based on a cost plus method (See Sec.VII). DocuSign Envelope ID:AB30225D-FDEF-4660-66C5-14708A233969 DATE ISSUED: Page: 4 SEQUENCE ,\I AM, BEACH DATEMARCH 2018 NUMBER:UPDATED: Of: 8 P0.16.06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT IX. BOND REQUIREMENTS(2 CFR§200.325). Notwithstanding Florida law or City practice,at a minimum for construction or facility improvement contracts or subcontracts exceeding the Simplified Acquisition Threshold (currently$150,000),the following requirements must be met: A. A bid guarantee from each bidder equivalent to five percent (5%) of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified. B. A performance bond on the part of the contractor for 100 percent of the contract price. C. A payment bond on the part of the contractor for 100 percent of the contract price. X. FULL AND OPEN COMPETITION (2 CFR §200.319). Federal regulations regarding procurement transactions funded with federal financial assistance require such transactions to be conducted in a manner that provides full and open competition. This means: A. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, and invitations for bids or requests for proposals shall be excluded from being considered for award of such procurements. B. Solicitations shall incorporate a clear and accurate description of the technical requirements for the material, product, or service to be procured. Such description must not, in competitive procurements, contain features which unduly restrict competition.The following situations are specifically listed in federal regulations as situations considered to be restrictive of competition and must be avoided: 1. Placing unreasonable requirements on firms in order for them to qualify to do business; 2. Requiring unnecessary experience and excessive bonding; 3. Noncompetitive pricing practices between firms or between affiliated companies; 4. Noncompetitive contracts to consultants that are on retainer contracts; 5. Organizational conflicts of interest; 6. Specifying only a "brand name" product instead of allowing "an equal" product to be offered and describing the performance or other relevant requirements of the procurement;and 7. Any other arbitrary action in the procurement process. C. The solicitation shall identify all requirements which the offerors must fulfill and all other factors to be used in evaluating bids or proposals. D. When a Request for Proposals (RFP) method of solicitation is used, the RFP must identify all evaluation factors and their relative importance.The RFP solicitation shall contain in writing the method for conducting the technical evaluation and any other necessary evaluations of the proposals received. These evaluations may be conducted by the advisory committee appointed to review the proposals (or by a subcommittee thereof) or by a separate technical committee, as set forth in the RFP. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 5 SEQUENCE A I/ \I V\i 6 E AC H MARCH 2018 DATE UPDATED: Of: 8NUMBER:P0.16 06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT XI. SPECIFICATION REVIEW. Specifications for the purchase of materials, supplies, equipment and services should permit open and competitive bidding. Requestors are responsible for assuring that the purchase of unnecessary or duplicative items is avoided. Consideration will be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives,and any other appropriate analysis to determine the most economical approach. XII. CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS. (2 CFR §200.321). The City must take all necessary affirmative steps to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible.Affirmative steps must include: A. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; B. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; C. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses,and women's business enterprises; D. Establishing delivery schedules,where the requirement permits,which encourage participation by small and minority businesses, and women's business enterprises; E. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and F. Requiring the prime contractor, if subcontracts are to be let, to take the affirmative steps listed in paragraphs (1)through (5)of this section. XIII.RESOURCE CONSERVATION AND RECOVERY ACT(2 CFR§200.322).The City and its contractors shall comply with section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition,where the purchase price of the item exceeds$10,000 or the value of the quantity acquired by the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 6 SEQUENCE Ai i BEACH MARCH 2018 DATE UPDATED: Of: 8 NP0.BER: 16 06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT The United States Environmental Protection Agency (EPA) maintains a list of items which can be made with or use recovered (recycled) materials. (40 CFR, Part 247). For solicitations regarding the purchase or acquisition of those items for which guidelines have been adopted by the EPA, the requesting City department or division shall specify in its specifications the use of recovered materials and the highest percentage of recovered materials that reasonably may be required consistent with maintaining a satisfactory level of competition. Federal law does not require the procurement of goods that (i)are not reasonably available within a reasonable amount of time, (ii) fail to meet reasonable performance standards, or (iii) are only available at an unreasonable price. Upon the conclusion of any contract requiring the use of recovered materials of an EPA listed item,the project manager from the requesting City department or division shall obtain a statement from the Contractor regarding the actual percentage of recovered materials utilized in the completion of the contract. XIV.CONTRACT COST AND PRICE (2 CFR§200.323). A. Cost or Price Analysis is Required.A cost or price analysis in connection with every procurement action in excess of the federal Simplified Acquisition Threshold (currently $150,000) shall be completed. The method and degree of analysis is dependent on the facts surrounding the particular procurement situation, but as a starting point,the requesting department must make or receive independent estimates before receiving bids or proposals. B. Negotiation of Profit Requirement.The City must negotiate profit as a separate element of the price for each contract in which there is no price competition and in all cases where cost analysis is performed. To establish a fair and reasonable profit, consideration must be given to the complexity of the work to be performed, the risk borne by the contractor, the contractor's investment, the amount of subcontracting, the quality of its record of past performance, and industry profit rates in the surrounding geographical area for similar work. XV.AWARD TO RESPONSIBLE CONTRACTORS (2 CFR§200.318). Consistent with Section 2-369 of the City Code, the City may only award contracts to responsible contractors possessing the ability to perform successfully under the terms and conditions of the proposed procurement. In determining whether a contractor is responsible, consideration will be given to such matters as contractor integrity, compliance with public policy, record of past performance, and financial and technical resources. A contract may not be awarded to a party listed on the government-wide Excluded Parties List System in the System for Award Management (SAM)or to a party listed on the State of Florida's or City's suspended or debarred lists. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 7 SEQUENCE `A IA!'\/1► B EACH MARCH 2018 Of: 8 NUMBER: DATE UPDATED: PO.116.06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT XVI.CONTRACT PROVISIONS.All agreements awarded pursuant to this procedure shall, at a minimum, contain the contract provisions in Exhibit A entitled Contract Provisions for Non-Federal Entity Contracts under Federal Awards. The requesting City department or division shall provide the Procurement Department with any additionally required State or federal terms and conditions that must be included in the solicitation and the contract pursuant to a particular grant or award. In addition, the Byrd Anti- Lobbying Amendment Certification and Suspension and Debarment Certification are required as part of the solicitation or the contract. XVII.CONTRACT OVERSIGHT.The City department or division which requested a solicitation or contract be issued or entered into by the Procurement Department shall be primarily responsible for maintaining diligent oversight over the contract and the contractor to ensure that the contractor performs in accordance with the terms, conditions, and specifications of its contract or purchase order. Written notice shall be provided to the Procurement Department of any situation in which a contractor is not performing in accordance with the terms,conditions,and specifications of its contract or purchase order for appropriate action,which action may be up to and include contract termination. XVIII. PROCUREMENT FILE (2 CFR§200.318). For contracts awarded which are funded in part or in whole by State or federal financial assistance,the Procurement and Contracts Division project file shall contain the history of the procurement to include: A. A copy of the solicitation and all addenda thereto, if any; B. A copy of the publication or advertisement of the solicitation (if applicable); C. Copies of the quotes,bids,proposals or responses received; D. A copy of the Quote/Bid tabulation or selection committee meeting minutes; E. A copy of the Council Agenda item approving the contract(if required); F. A copy of the resulting contract and/or purchase order; G. Copies of any required bonds and/or certificates of insurance;and H. For federally funded procurements and contracts, the rationale for the method of procurement, selection of contract type, contractor selection or rejection, and the basis for the contract price. I. A screenshot or other documentation reflecting that the party awarded a contract was not listed on the government-wide Excluded Parties List System in the System for Award Management(SAM) or on the State of Florida's or City's suspended or debarred lists. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 8 SEQUENCE D A( MARCH 2O18 Of: 8 NUMBER: ' v i i �; v 1 I u DATE UPDATED: PO.16.06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT XVIII!. REFERENCE. This procedure is based on the requirements of the "Procurement Standards" (2 CFR §200.317 through §200.326, and Appendix II) of the "Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards" (2 CFR Part 200) adopted by the Office of Management and Budget,available via the following link: https://www.ecfr.gov/cgi-bin/text-idx?tpl=/ecfrbrowse/Title02/2cfr200 main 02.tpl In the event of any conflict between standard City policy or practice and the federal Procurement Standards (now or as may be amended in the future), the federal Procurement Standards shall supersede for any procurement involving federal funds. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 DATE ISSUED: Page: 9 SEQUENCE ,/"1 I AM I B EAC H MARCH 2018 Of: 8 NUMBER: DATE UPDATED: P0.16.06 CITYWIDE PROCEDURE AUGUST 2020 SUBJECT: PROCUREMENT REQUIREMENTS FOR FEDERALLY FUNDED GRANTS AND PROJECTS. RESPONSIBLE DEPARTMENT: PROCUREMENT Prepared by: ,—OocuSig ed by: At c —yAvit/Aroattaw. Procurement Director Reviewed by: DocuSigned by: r4.4/. 7220DAF9744lioE435 Grants and Intergovernmental Affairs Director DocuSigned by: 0484 Ce9zD7AAr Chief Learning and Development Officer ,—DocuSigned by: `—E9AC0518F2AA41A Assistant City Manager Approved by: ,—DocuSiyned by: 8/31/2020 1 1:43 PM EDT CA1 194070496_. City 11 anager Date DocuSign Envelope ID.AB30225D-FDEF-4660-B6C5-14708A233969 EXHIBIT A Contract Provisions for Non-Federal Entity Contracts Under Federal Awards The following provisions shall be applicable to the Contract and shall supersede any conflicting provisions contained elsewhere in the Contract. A. BREACHES AND DISPUTE RESOLUTION. For all purchases in excess of the simplified acquisition threshold,currently$150,000,the following provisions shall apply: (1) Disputes and Remedies- Disputes arising in the performance of this Contract which are not resolved by the Contractor and the City's project manager or contractor manager, shall be referred, in writing,to the authorized representative of the City Mayor for a decision. If there is a disagreement among the parties regarding the decision of the City Mayor's representative, then either party may submit any claim, counterclaim,dispute and other matters in question between the City and the Contractor arising out of or relating to this Contract or its breach to a court of competent jurisdiction within The City of Miami Beach. (2) Performance During Dispute - Unless otherwise directed by the City, Contractor shall continue performance under this Contract while matters in dispute are being resolved. (3) Claims for Damages-Should either party to the Contract suffer injury or damage to person or property because of any act or omission of the party or of any of his employees, agents or others for whose acts he is legally liable, a claim for damages therefore shall be made in writing to such other party within a reasonable time after the first observance of such injury of damage. B.TERMINATION FOR CONVENIENCE The City, at its sole discretion, reserves the right to terminate this Contract without cause upon thirty (30) days written notice. Upon receipt of such notice,the Contractor shall not incur any additional costs under this Contract.The City shall be liable only for reasonable costs incurred by the Contractor prior to notice of termination.The City shall be the sole judge of"reasonable costs." C. DEFAULT;REMEDIES;TERMINATION FOR CAUSE The City reserves the right to terminate this Contract, in part or in whole, or place the Contractor on probation, or to avail itself of all other remedies available at law and equity, inclusive injunctive relief and specific performance, in the event the Contractor fails to perform in accordance with the terms and conditions stated herein. Following breach of the Contract by the Contractor,the City shall provide written notice specifying the breach to the Contractor and advising the Contractor that the breach must be cured immediately or this Agreement may be terminated by the City.The City reserves the right to avail itself of any and all remedies available at law or at equity, including claims for damages and injunctive relief.The City further reserves the right to suspend or debar the Contractor in accordance with the appropriate City ordinances, resolutions and/or administrative/implementing orders. The vendor will be notified by letter of the City's intent to terminate if,following the initial notice of breach, the Contractor fails to timely or adequately and to the satisfaction of the City cure said breach. In the event of termination for default,the City may procure the required goods and/or services from any source and use any method deemed in its best interest. All re-procurement costs shall be borne by the terminated Contractor. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 EXHIBIT A D. EQUAL EMPLOYMENT OPPORTUNITY (1) In connection with the performance of this Contract,the Contractor shall not discriminate against any employee or applicant for employment because of race, religion,color,sex, age,disability,ancestry, marital status, pregnancy,sexual orientation,veteran's status, or national origin.The Contractor shall take affirmative action to ensure that applicants are employed,and that employees are treated during employment, without regard to their race, religion, color,sex,age,disability, ancestry, marital status, pregnancy, sexual orientation,veteran's status, or national origin. Such action shall include, but not be limited to,the following: employment, upgrading, promotion,demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships. Contractor further agrees to insert a similar provision in all subcontracts,except subcontracts for standard commercial supplies or raw materials. The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by MDC setting forth the provisions of this Equal Opportunity clause. (2) The Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor,state that all qualified applicants will receive consideration for employment without regard to race,color, religion,sex, sexual orientation,gender identity, or national origin. (3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer,or is consistent with the Contractor's legal duty to furnish information. (4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations,and relevant orders of the Secretary of Labor. (6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor,or pursuant thereto, and will permit access to his books, records,and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 3 EXHIBIT A (7) In the event of the Contractor's noncompliance with the Equal Opportunity clauses of this Contract or with any of the said rules, regulations,or orders,this contract may be canceled, terminated,or suspended in whole or in part and the Contractor may be declared ineligible for further government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation,or order of the Secretary of Labor, or as otherwise provided by law. (8) The Contractor will include the provisions of this Equal Opportunity clause in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965,so that such provisions will be binding upon each of Contractor's vendors and subcontractors.The Contractor will take such action with respect to any subcontract or purchase order as the City may direct as a means of enforcing such provisions, including sanctions for noncompliance. E. DAVIS-BACON ACT,AS AMENDED(40 U.S.C. §3141-3148) and COPELAND"ANTI-KICKBACK"ACT(18 USC§40 U.S.C. 3145). The Davis-Bacon Act and the Copeland Anti-Kickback Act only apply to the emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program,Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program.They do not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program.Accordingly, if applicable to this Contract: (1) All prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. §§3141-3144, and 3146-3148)as supplemented by Department of Labor regulations(29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). a) In accordance with the statute, and if applicable,the Contractor must pay all laborers and mechanics employed or working upon the site of the work, unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor pursuant to 29 CFR part 3),the full amount of wages and bona fide fringe benefits (or cash equivalents thereof)at rates not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week.The City will attach a copy of the current prevailing wage determination issued by the Department of Labor to this form. b) Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis—Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph (a)(1)(iv)of 29 CFR §5.5; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,funds,or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in 29 CFR § 5.5(a)(4). c) Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided,that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii)of 29 CFR§5.5)and the Davis—Bacon poster(WH- 1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 4 EXHIBIT A (2)The Contractor shall comply with 18 U.S.C. §874,40 U.S.C. §3145,and the requirements of 29 C.F.R. pt. 3 as may be applicable,which are incorporated by reference into this Contract. Contractors and Subcontractors are prohibited from inducing, by any means, any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The Contractor or subcontractor shall insert in any subcontracts the clause in these subparagraphs (G)(1) and (2), and also a clause requiring the subcontractors to include this clause in any lower tier subcontracts.The Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with this clause.A breach of this clause may be grounds for termination of the Contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. F.CONTRACT WORK HOURS AND SAFETY STANDARDS ACT OF 1962,40 U.S.C.§§3702 AND 3704. If applicable,the Contractor and all of its subcontractors shall comply with the Contract Work Hours and Safety Standards Act of 1962,40 U.S.C. §§3702 and 3704, requiring that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a workweek. In the event of any violation of the preceding clause,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition,the Contractor and subcontractor shall be liable to the City for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards,employed in violation of the clause set forth herein, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required.The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided herein.The Contractor or subcontractor shall insert in any subcontracts this clause set forth in subsection (F) herein also a clause requiring the subcontractors to include this clause in any lower tier subcontracts.The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in herein. G. RIGHTS TO INVENTIONS MADE UNDER A CONTRACT OR AWARD. If the Federal award meets the definition of"funding agreement" under 37 CFR §401.2 (a)and the City wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental,developmental, or research work under that "funding agreement,"the City must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 5 EXHIBIT A H.THE CLEAN AIR ACT OF 1955,as amended,42 U.S.C. §§7401-7671q and the FEDERAL WATER POLLUTION CONTROL ACT,as amended,33 U.S.C. §§1251-1387. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. § 7401 et seq. and issued pursuant to the Federal Water Pollution Control Act,as amended,33 USC§1251 et. seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the City, Federal Emergency Management Agency,and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. I. ENERGY CONSERVATION. Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. Section 6321 et seq.) and (42 U.S.C. 6201). J. CERTIFICATION REGARDING DEBARMENT,SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION. (1) This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995),or its affiliates(defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940)or disqualified (defined at 2 C.F.R. § 180.935).The Contractor must comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.This certification is a material representation of fact relied upon by the City. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000,subpart C, in addition to remedies available to the City,the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. The Contractor agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and shall include a provision requiring such compliance in its lower tier covered transactions. (2) By signing and submitting this form,the Contractor shall also execute and provide the City with, and require all lower tiered contractors to also execute,the certification set out in "Certification Regarding Debarment,Suspension, Ineligibility and Voluntary Exclusion Lower tier Covered Transaction" attached hereto.The Contractor shall require all lower tier participants to agree that they:a. shall not knowingly enter into any lower tier covered transaction with a person who is debarred,suspended,declared ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized in writing by the City; and ii.they will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion", and the certification form, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.The Contractor may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Contractor may decide the method and frequency by which it determines the eligibility of its principals. The Contractor may, but is not required to check the Non- procurement List issued by U.S. General Service Administration. Nothing contained in the foregoing shall be construed to require establishment of system of records in order to render DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 6 EXHIBIT A in good faith the certification required by this clause.The knowledge and information of the Contractor and any other participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. If the Contractor or any other lower tier participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible,or voluntarily excluded from participation in this transaction, in addition to all remedies available to the Federal Government,the City may pursue available remedies including suspension and/or debarment. K. BYRD ANTI-LOBBYING CERTIFICATION AND DISCLOSURE STATEMENTS. Contractors who apply or bid for or have received an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress, officer or employee of Congress,or an employee of a member of Congress in connection with obtaining any Federal contract,grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. L. RECYCLEDPRODUCTS/RECOVERED MATERIALS The Contractor agrees to comply with all the requirements of Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act (42 U.S.C. §6962), including but not limited to,the regulatory provisions of 40 CFR Part 247, and Executive Order 12873,as they apply to the procurement of the items designated in Subpart B of 40 CFR Part 247.All goods and/or services to be purchased as a result of any award under this Contract shall be in accordance with all applicable governmental standards, including, but not limited to those issued by the Occupation Safety and Health Administration (OSHA),the National Institute of Safety Hazards (NIOSH), and the National Fire Protection Association (NFPA). It shall be the responsibility of the Contractor and vendors to be regularly informed to conform to any changes in standards issued by any regulatory agencies that govern the commodities or services applicable to this solicitation,during the term of any contract resulting from this solicitation. In the performance of this Contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (2) Meeting Contract performance requirements; or (3)At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/regulatory- background-comprehensive-procurement-guideline-program-cpg. M. CONTRACTING WITH SMALL AND MINORITY BUSINESS,WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS,C.F.R. §200.321(G). Pursuant to C.F.R. 200.321 (g),the City will take all necessary affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; (3) Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; DocuSign Envelope ID:AB30225D-FDEF-4660-B6C5-14708A233969 7 EXHIBIT A (4) Establishing delivery schedules, where the requirement permits,which encourage participation by small and minority businesses,and women's business enterprises; (5) Using the services and assistance,as appropriate,of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; an (6) Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs (1)through (5)above. N.ACCESS TO RECORDS. In addition to the provisions contained in the Contract,the following access to records requirements apply to this Contract: (1)The Contractor agrees to provide the City,the FEMA Administrator,the Comptroller General of the United States,or any of their authorized representatives access to any books,documents, papers, and records of the Contractor which are directly pertinent to this Contract for the purposes of making audits,examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the Contract. O. PROGRAM FRAUD AND FALSE OF FRAUDULENT STATEMENTS OF RELATED ACTS.The Contractor hereby acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements)applies to the Contractor's actions pertaining to the Contract. P. DHS SEAL,LOGO,AND FLAGS.The Contractor shall not use the DHS seal(s), logos, crests,or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. Q. COMPLIANCE WITH FEDERAL LAW, REGULATIONS,AND EXECUTIVE ORDERS.This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the Contract. The Contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. R. NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this Contract and is not subject to any obligations or liabilities to the non-Federal entity,Contractor,or any other party pertaining to any matter resulting from the Contract. S.CHANGES The Contract may be modified by mutual consent, in writing through the issuance of a modification to the Contract. T. INDEMNIFICATION For any work performed on Federally funded projects,the Contractor agrees to indemnify and hold harmless the Federal Government, its employees and/or contractors,the County, its employees and/or contractors, and the City and its employees and/or contractors from liability to third parties for claims asserted under the contract. U. E-VERIFY. The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. APPENDIX E MAM BEACH 2CFR Appendix II to Part 200 2025-284-ND WATER TAXI SERVICE PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Appendix II to Part 200,Title 2(up to date as of 5/02/2023) Appendix II to Part 200,Title 2 Contract Provisions for Non-Federal Entity Contracts Under Fe... This content is from the eCFR and is authoritative but unofficial. Title 2—Grants and Agreements Subtitle A—Office of Management and Budget Guidance for Grants and Agreements Chapter II—Office of Management and Budget Guidance Part 200 —Uniform Administrative Requirements,Cost Principles,and Audit Requirements for Federal Awards Source: 85 FR 49543,Aug. 13,2020,unless otherwise noted. Source: 85 FR 49539,Aug. 13,2020,unless otherwise noted. Authority: 31 U.S.C. 503 Source: 78 FR 78608,Dec.26,2013,unless otherwise noted. Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non- Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual,or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non- Federal entity including the manner by which it will be effected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp., p. 339),as amended by Executive Order 11375,"Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." (D Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act(40 U.S.C. 3141-3144,and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5,"Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 2 CFR Appendix-II-to-Part-200(D)(enhanced display) page 1 of 3 Appendix II to Part 200,Title 2(up to date as of 5/02/2023) Contract Provisions for Non-Federal Entity Contracts Under Fe... 2 CFR Appendix-II-to-Part-200(E) 3,"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be prohibited from inducing,by any means,any person employed in the construction, completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The non- Federal entity must report all suspected or reported violations to the Federal awarding agency. E Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity in excess of$100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act,each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market,or contracts for transportation or transmission of intelligence. F Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR§ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree to comply with all applicable standards,orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension."SAM Exclusions contains the names of parties debarred, suspended,or otherwise excluded by agencies,as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any 2 CFR Appendix-Il-to-Part-200(I)(enhanced display) page 2 of 3 Appendix II to Part 200,Title 2(up to date as of 5/02/2023) 2 CFR Appendix-II-to-Part-200(j) Contract Provisions for Non-Federal Entity Contracts Under Fe... other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. (J) See§200.323. (K) See§200.216. (L) See§200.322. 178 FR 78608,Dec.26,2013,as amended at 79 FR 75888,Dec. 19,2014;85 FR 49577,Aug. 13,2020] 2 CFR Appendix-II-to-Part-200(L)(enhanced display) page 3 of 3 ATTACHMENT C SUNBIZ & PROPOSAL RESPONSE TO RFQ z 0 a GC 0 a CC 0 U a 0 Z 0 _> 0 :; —1 a, i y~ c. 1 E Z z Q vI i W —1 '� w L_-) a TJUJ rn LMt C1) C1) 0 I`CD W 0Q OpOO LU LLJO N N > LU E >, o o I < N Z c W I \ \ O f6 Z a _I d- N o UU < U o Z CO a E 1 Z O Q co w U co c W I m J o — O �.. .. li N o co ai .> LLI as N Lil- t, w z r > d �, >+ a) — Z E ca u- — ..r ja _ a CC •� c 2 a) < - w o — —I O Z > > 0 W c •(a t0 E it . fn E C U LV — _a)a) a y a) a) c ( Q m o Q _ O W co = r +. co > > c0 H a 0 LL 5 it 0 u 0 W Cl) Cl) J W W d IL 81 CL J Cl, J d LE d Cr) c}' lf) t4 ON N Cc c0'3 Ur - N NNNQ w co , co Qco M -0 N LI) N J M a) co N \ CO °� a ..I 0 ii o 0 0 N I— C) m y� O N O Z LI a C 2 W N co N �' Q J y — ..-. J 1- y Q Z d In d d _I rn p co J c`) = a) m CC m 0 .` °tS CD W co D - 't c O M 0 W LU e- Q O d Y Q O co C6 Ta = O W Z (6 .� O J ._., E U) >J co J C 0 N N N O 2 co U) 2 U xi CC W < Z H > - LL Q C/ c\JO N O ( CO (a 03 co 03 CO m ( (5 03 ( 03 (5 o € € € € Eass E E € € € € € € w U w ULL U. 1 U. U U. IL. U- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d a a a a a a. a. a a a a a 0. C C C C c c c c C C C C C C oC aCA0) CCO C) CO COD 0) CO ) CO CO 07 01 CO W (0 01 (0 07 CO W (5 (0 EEEEEEEEEEEEEE 0i 0 m m m 0 m m m m m m m 0 > 5 5 5 5 5 5 5 5 5 5 5 5 5 H CC 0 11 w J = I— I— H I— I— H H H Qcr cc H H H aaa aaa0 .a _ aa_ ,3 w w w w w W W w Q E w w w CC CC CC (Y 0[ CC CC (1 0 ID CC cc c E NI Q Q Q Q Q Q Q Q 0 0) Q Q Q J a) D D 0 0 D D D D Z E DDDZ (p Z Z Z Z Z Z Z Z w Q Z Z Z Z Z Z Z Z Z z z U z z Z o < < < < < < < < < J < < < LL = E O O O NO O O O O O O O O 0 O N N N N N N N N N N N N N N_ V N N N CO NO O W C Cr) N M M N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Name Description Bidders Name SECTION 1-BID CERTIFICATION FORMBidders Name: No.of Years in Business No.of Years in Business: No.of Years in Business Locally No.of Years in Business Locally: No.of Employees No.of Employees. Other Name(s) Other Name(s)Bidder Has Operated Under In The Last 10 Years: Bidder Primary Address(Headquarters) Bidder Primary Address(Headquarters): City 1 City. State 1 State: Zip Code 1 Zip Code: Telephone No. Telephone No: Toll Free No. Toll Free No.: Fax No Fax No.: Bidder Local Address Bidder Local Address: City 2 City: State 2 State: Zip Code 2 Zip Code Primary Account Rep. Primary Account Representative For This Engagement: Account Rep Telephone No. Account Rep Telephone No.: Account Rep Toll Free No. Account Rep Toll Free No.: Account Rep Email Account Rep Email: Federal Tax Identification No. Federal Tax Identification No. Bidders Acknowledgment By virtue of submitting a bid,Bidder agrees:a)to complete and unconditional acceptance of the terms and conditions of this document,inclusi Addendum Acknowledgment SECTION 2-ACKNOWLEDGEMENT OFADDENDUMAfter the issuance of the solicitation,the City may release one or more addenda to thr Addendum 1 Enter Initial to Confirm Receipt of Addendum No.1: Addendum 2 Enter Initial to Confirm Receipt of Addendum No.2: Addendum 3 Enter Initial to Confirm Receipt of Addendum No.3: Addendum 4 Enter Initial to Confirm Receipt of Addendum No 4: Addendum 5 Enter Initial to Confirm Receipt of Addendum No.5: Addendum 6 Enter Initial to Confine Receipt of Addendum No.6: Addendum 7 Enter Initial to Confirm Receipt of Addendum No.7: Addendum 8 Enter Initial to Confirm Receipt of Addendum No.8: Addendum 9 Enter Initial to Confirm Receipt of Addendum No.9: Addendum 10 Enter Initial to Confirm Receipt of Addendum No.10: Addendum 11 Enter Initial to Confirm Receipt of Addendum No.11: Addendum 12 Enter Initial to Confirm Receipt of Addendum No.12: Addendum 13 Enter Initial to Confirm Receipt of Addendum No 13. Addendum 14 Enter Initial to Confirm Receipt of Addendum No.14' Addendum 15 Enter Initial to Confirm Receipt of Addendum No.15: Conflict of Interest SECTION 3-CONFLICT OF INTERESTAII Bidders must disclose the name(s)of any officer,director,agent,or immediate family member(sr Financial Capacity SECTION 4-FINANCIAL CAPACITY When requested by the City,each Bidder shall arrange for Dun 8 Bradstreet to submit a Supplier Qualif Provide at least three(3)references of work SECTION 5-REFERENCES AND PAST PERFORMANCEBidder shall submit at least three(3)references for whom the Bidder has complet Reference No.1a References No.1-Firm Name: Reference No.1 b Reference No.1-Contact Individual Name and Title: Reference No.lc Reference No.1-Address. Reference No.Id Reference No.1-Telephone No.: Reference No.le Reference No.1-Contact Email: Reference No.11 Reference No.1-Narrative on Scope of Services Provided: Reference No.2a References No.2-Firm Name: Reference No.2b Reference No.2-Contact Individual Name and Title: Reference No.2c Reference No.2-Address: Reference No.2d Reference No.2-Telephone No: Reference No.2e Reference No.2-Contact Email' Reference No.2f Reference No.2-Narrative on Scope of Services Provided: Reference No.3a References No.3-Firm Name: Reference No.3b Reference No.3-Contact Individual Name and Title. Reference No.3c Reference No.3-Address: Reference No.3d Reference No.3-Telephone No.: Reference No.3e Reference No.3-Contact Email: Reference No.3f Reference No.3-Narrative on Scope of Services Provided. Reference No.4a Additional Reference-Firm Name: Reference No.4b Additional Reference-Contact Individual Name and Title. Reference No.4c Additional Reference-Address: Reference No.4d Additional Reference-Telephone No. Reference No.4e Additional Reference-Contact Email: Reference No.4f Additional Reference-Narrative on Scope of Services Provided: Section 6 SECTION 6-STANDARD TERMS AND CONDITIONS:The Standard Terms and Conditions are available at https:lwww.miamibeachfl.govrcil Section 7:Q1 SECTION 7-VENDOR CAMPAIGN CONTRIBUTIONS'Bidders are expected to be or become familiar with the City's Campaign Finance Ref Section 7:Q2 If yes,list the name(first and last name)of individuals,occupation,amount,and date: Section 8:01 SECTION 8-SUSPENSION,DEBARMENT.OR CONTRACT CANCELLATIONHas Bidder ever been debarred,suspended.or other legal viol Section 8:Q2 If the answer above is"YES,-Bidder shall submit a statement detailing the reasons that led to action(s): Section 9 SECTION 9-BYRD ANTI-LOBBYING AMENDMENT CERTIFICATION FORMAPPENDIX A,44 CFR PART 18-CERTIFICATION REGARDIN( Section 10 SECTION 10-SUSPENSION AND DEBARMENT CERTIFICATIONThe Bidder acknowledges that(1)This Contract is a covered transaction I Section 11 01 SECTION 11-CODE OF BUSINESS ETHICSPursuant to City Resolution No.2000-37879,the Bidder shall adopt a Code of Business Ethics Section 11 Q2 Bidder will submit the firm's Code of Business Ethics within three(3)days of request by the City. Section 12 SECTION 12-DRUG-FREE WORKPLACE CERTIFICATIONThe Drug-Free Workplace Certification is available athtpsJ/www.miamibeachfl. Section 13.Q1 SECTION 13-VETERAN BUSINESS ENTERPRISES PREFERENCEPursuant to City of Miami Beach Ordinance No.2011-3748,hips./flibr Section 13:Q2 Is the Bidder a service-disabled veteran business enterprise certified by the United States Federal Government? Section 14 SECTION 14-AFFIDAVIT OF COMPLIANCE WITH CONTRACTING WITH ENTITIES OF FOREIGN COUNTRIES OF CONCERN FLORIDA E Section 15:Q1 SECTION 15-AFFIDAVIT OF COMPLIANCE WITH ANTI-HUMAN TRAFFICKING LAWS FLORIDA STATUTE 787.06(13)Pursuant to section', Section 16 SECTION 16-SMALL AND DISADVANTAGED BUSINESS CERTIFICATION Pursuant to Resolution 2020.31519,the City is tredcing the Smt Section 17 SECTION 17-LGBT BUSINESS ENTERPRISE CERTIFICATIONPursuant to Resolution 2020-31342,the City is tracking the utilization of LGI Section 18 SECTION 18-FAIR CHANCE REQUIREMENT The Fair Chance Ordinance No.2016-4012 is available at https:/Aibrarymunicode.comlfl/mi Section 19 SECTION 19-LIVING WAGE Pursuant to Section 2-408 of the City of Miami Beach Code(as currently stated or as may be amended).cove Section 20 SECTION 20-MORATORIUM ON TRAVEL TO AND THE PURCHASE OF GOODS OR SERVICES FROM MISSISSIPPI Pursuant to Resoluti Answer Water Taxi of Fort Lauderdale LLC 30 17 140 N/A 1366 SE 17th Street Fort Lauderdale Florida 33316 954-467-6677 N/A N/A 1366 SE 17th Street Fort Lauderdale Florida 33316 William Walker(CEO/Principal) 954-467-6677 N/A bwalkeri©watertaxi.corn 46-4659668 Yes.Initials:WW Yes Initials:WW N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A Initials:WW Yes Yes City of Miami Beach Mikhail Ryabov,P.E.,Transportation Manager 1700 Convention Center Drive.Miami Beach,FL 33139 305-673-7000,ext 26831 MikhailRyabovemiamibeachfl.goy Operated four boats(minimum 55-passenger capacity)over five days during Art Basel,connecting Miami and Miami Beach.with seared manna access in Miami and coordination with Miami City of Fort Lauderdale Ben Rogers,Acting Assistant City Manager N/A 954-828-3781 BRogers©fortlauderdale.gov Since 2018,Water Taxi has provided a free Water Trolley service on the New River for the City of Fort Lauderdale,serving over 90,000 passengers annually.The service operates one 20-pa City of Pompano Beach Earl F.Bosworth.Assistant City Manager N/A 954-786-4602 Earl.Bosworthgcopbfl.com Pompano Water Taxi operates daily from 10 AM to 10 PM,providing reliable water-based transit with two vessels along a designated route that connects key points in Pompano Beach.The Informs Markets Andrew Doole,President N/A 954-847-1560 An drew.Dooleeinforma.com Comprehensive management of the passenger water shuttle service for the Fort Lauderdale International Boat Show(FLIBS),transporting over 89.000 attendees across multiple days and la Yes No N/A No N/A Initials WW Initials WW Yes Yes Yes Yes No Yes William Walker(CEO/Pnncipal)Initials:WW No No Yes Yes Yes visitors,with a focus on efficiency,safety and exceptional customer service t,staffing customer service,and logistics coordination in partnersh,p with city offioals and taw erforcement to ensure efficient and safe operations Page 1 of 18 Request for Qualifications (RFQ)2025-284-ND Water Taxi Service Company Name: Water Taxi of Fort Lauderdale LLC Address: 1366 SE 17th Street, Fort Lauderdale FL 33316 Phone: 954-467-6677 Contact Person: William Walker Title: CEO/Principal Email: Bwalker@watertaxi.com Website: Watertaxi.com Date: May 2nd,2025 Page 2 of 18 TAB ONE 1.1 TABLE OF CONTENTS Title Page 1 TAB ONE- Cover Letter and Table of Contents 1.1 Table of Contents 2 1.2 Cover Letter 3 TAB TWO-Experience and Qualifications 2.1 Qualifications of Proposing Firm 4-5 TAB THREE-Approach and Methodology 3.2 System Design & Implementation 6-8 3.2 Service Operations& Logistics 9-11 3.3 Environmental & Regulatory Compliance 12-13 3.4 Financial & Business Model 14-16 3.5 Customer Experience& Marketing 17 Exhibit A: Sample Report of Diver Inspection Exhibit B: Photo of Onboard Camera Exhibit C: Photo of GPS Tracking Exhibit D: Photo of Terminal and Visitor Center Page 3 of 18 1.2 COVER LETTER To Whom It May Concern, Water Taxi of Fort Lauderdale LLC is pleased to submit our qualifications in response to the City of Miami Beach's Request for Qualifications(RFQ)for the design, implementation,and operation of a comprehensive water taxi network. With over three decades of experience delivering safe, reliable,and environmentally conscious marine transportation throughout South Florida,we are uniquely positioned to support the City's goals of enhancing mobility,reducing roadway congestion,and integrating seamlessly with existing transit systems. Our team brings a deep understanding of the operational,regulatory,and logistical requirements involved in launching and sustaining a water-based transit system. From route planning and feasibility to daily operations and public engagement,our experience managing both public transportation and large-scale event logistics—such as transporting over 90,000 passengers during the Fort Lauderdale International Boat Show annually—has equipped us to deliver high- quality, scalable service. Water Taxi of Fort Lauderdale is prepared to collaborate closely with the City and its designated consultants to refine route designs,assess docking infrastructure,ensure environmental and ADA compliance,and create a sustainable operational framework. We are also well-versed in exploring diverse funding strategies, including public-private partnerships and grant opportunities,to support long-term service viability. We are excited about the opportunity to bring our proven track record, strong community ties, and customer-focused approach to Miami Beach. For any questions or further information, please contact William Walker, CEO/Principal, at 954-467-6677 or bwalker@watertaxi.com. Thank you for considering our proposal. We look forward to the opportunity to partner with the City to create a world-class waterborne transportation network. Sincerely, Wilt‘ Watt/. William Walker CEO/Principal Water Taxi of Fort Lauderdale LLC EXHIBIT A: Sample Report of Diver Inspection "Dale R" Bottom Paint: Fair/Poor condition.Heavy grass growth on waterline. Running Gear: Good condition. No apparent damage. Intakes:Clean and clear of debris. Zincs:Good condition. "Riverwalk" Bottom Paint:Good/Fair condition. Running Gear:Good condition. No apparent damage. Intakes:Clean and clear of debris. Zincs: Fair condition. "Lauderdale" Bottom Paint: Fair condition. Running Gear:Good condition. No apparent damage. Removed line from both propellers. Intakes:Clean and clear of debris. Zincs: !: Shaft zincs need replacement. "Water Shuttle 2" Bottom Paint:Good condition.Some peeling around drive. Running Gear: Good condition. No apparent damage. Intakes:Clean and clear of debris.(Not painted.) Zincs: Good condition. "Bio Bus" Bottom Paint:Good condition. Running Gear: Good condition. No apparent damage. Intakes:Clean and clear of debris. Zincs: Good condition. "Water Shuttle 1" Bottom Paint: Good condition. Running Gear:Good condition. No apparent damage. Intakes:Clean and clear of debris. (Intake covers are missing.) Zincs: Good condition. "Downtowner" Bottom Paint: Fair condition. Running Gear:Cutlass bearing was found loose and slid down shaft to prop.Attempted to retighten. Intakes:Clean and clear of debris. Zincs: Fair condition. "J.D.Hanson" Bottom Paint: Fair condition. Running Gear: Loose screw on keel shoe. Intakes:Clean and clear of debris. (Not painted.) Zincs: 1 Rudder zinc was found loose.Could not tighten. Needs replacement. Video Documentation https://gopro.com/v/Owre59nOzG2ty EXHIBIT B: Photo of Onboard Camera - * .' ' ram► lk :l -f ! .: A iicipt ' Kt n ,sw 110 ; T. CIL ; 1111 - a r. .. X alir EXHIBIT C: Photo of GPS Tracking a d z 8 S m o H N d - K o o 0 m la S —, o N n a % 0. A C mgv fR it D e 7 -, 0 • 9 C VOI 15 m NI i m i 1 i i I I I 1 i u • `, a a o 0 0 0 0 0 0 00 00 0 00 0 0 0 4 'WvF ' Yy S9 MS 3 g Au)5 w=,ns s Z A 12. d. SW 594, iJ tQ iiSte - A 0 av�l�'"" NM.NOS MS y, a+leE...p�,oli ! © NM.WZ0MN 1 Flgdetrq{ ; il . _ p 7 j O i21 S g El r. $ �C •, s. I�..a3 e•tl VISE MS My4N€MN '? o c> R 7.4 U m n o G Tbi > x ^m 40,,ISIE MN aAv 191E Ms 8 ppp a.stl if M1W mY 1ctE MN �7 rF m a.is- obi d 0 F, A g. x Ifil'.."----":6" Zanq lllZ MNasD '0 ♦ •.j S6:iNleNlu, 95 c�JiJJJ:::- '6,w't 4 >:P c MO IN 0 so Nt Q • i F * putl S i a 4g - ' > _cow 717 a —/ N �A a� a .' : a Ci'O�sti. c� © S Et SI 2�b, �� iO r q O i =' NOcWn(yrpb O % K EXHIBIT D: Photo of Terminal and Visitor Center i) `' §IA 0 o111111.1 r A n 5 y Y u �1�— r r m . � 5 N C , i r u. 7 . 1,1 -. j *., • k ,ar.....�._ It i ne PI ' N., lk__hc...i..a _____J ... `, • 1 Q c 7.4(a Page 4 of 18 TAB TWO 2.1 QUALIFICATIONS OF PROPOSING FIRM Water Taxi of Fort Lauderdale LLC has over 30 years of experience providing safe, reliable, and customer-focused water-based transit services throughout South Florida. We are a licensed and contracted operator for multiple municipalities, such as Fort Lauderdale, Hollywood, Pompano and Miami, and have built a strong reputation for operating complex transit systems efficiently and professionally. Our operations include scheduled service routes, private charters, and high- capacity event transportation, consistently meeting both public and private sector goals. Below are four(4) relevant client references that demonstrate our qualifications and experience in delivering services similar in scope to those outlined in the RFQ. Reference 1 • Agency/Client Name: City of Miami Beach • Contact Name: Mikhail Ryabov • Telephone: 305-673-7000, ext. 26831 • Email: MikhailRyabov@miamibeachfl.gov • Scope of Services Provided: Operated four boats (minimum 55-passenger capacity)over five days during Art Basel, connecting Miami and Miami Beach, with secured marina access in Miami and coordination with Miami Beach for docking and transit connections. • Start and Completion Dates: December 4, 2024, to December 8, 2024 • Experience Type: Firm Reference 2 • Agency/Client Name: City of Fort Lauderdale • Contact Name: Ben Rogers • Telephone: 954-828-3781 • Email: BRogers@fortlauderdale.gov • Scope of Services Provided: Since 2018,Water Taxi has provided a free Water Trolley service on the New River for the City of Fort Lauderdale, serving over 90,000 passengers annually.The service operates one 20-passenger boat daily from 10 AM to 10 PM. • Start and Completion Dates: 2018 to Present • Experience Type: Firm Page 5 of 18 Reference 3 • Agency/Client Name: City of Pompano Beach • Contact Name: Earl F. Bosworth • Telephone: 954-786-4602 • Email: Earl.Bosworth@copbfl.com • Scope of Services Provided: Pompano Water Taxi operates daily from 10 AM to 10 PM,providing reliable water-based transit with two vessels along a designated route that connects key points in Pompano Beach.The service offers convenient transportation for residents,tourists,and visitors,with a focus on efficiency,safety,and exceptional customer service. • Start and Completion Dates: November 15, 2024, to Present • Experience Type: Firm Reference 4 • Agency/Client Name: Informa Markets • Contact Name: Andrew Doole • Telephone: 954-847-1560 • Email: Andrew.Doole@informa.com • Scope of Services Provided: Comprehensive management of the passenger water shuttle service for the Fort Lauderdale International Boat Show(FLIES),transporting over 89,000 attendees across multiple days and locations. Responsibilities include route planning,vessel deployment,staffing, customer service,and logistics coordination, in partnership with city officials and law enforcement to ensure efficient and safe operations. • Start and Completion Dates: Annually since 2008 • Experience Type: Firm Page 6 of 18 TAB THREE 3.1 SYSTEM DESIGN & IMPLEMENTATION Designing and launching a new water transportation system offers many advantages,along with a few challenges.Advances in vessel design,docking infrastructure,and onboard technologies make it possible to build a system that is user-friendly,sustainable,and efficient. For Miami Beach and its connection to the greater Miami area,this means a water taxi service tailored to ease congestion, connect key waterfront destinations,and integrate seamlessly with the city's broader transit vision. Site Selection for Docking Locations Working with the City, our first step in launching a water taxi service is selecting docking sites. The goal is to move passengers from one destination to another efficiently. Site selection begins with identifying key stakeholders and analyzing consumer demand for travel between potential locations. Once potential sites are selected, we assess the navigational feasibility of each route.The following is a sample of criteria we would use: • Speed zones and transit time expectations • Environmental restrictions or protected areas • Water depth, air draft limitations, and marine traffic • Vessel size requirements • Competitive travel times compared to other transportation options Sample of site selection considerations: • Waves and wakes from boat traffic that may impact safety and comfort • Currents(speed and direction), which affect docking ease • Connectivity to other modes of transit, including walking, biking, rideshare, cars, and public transportation • Weather protection needs at each dock, based on wait times and guest comfort • ADA compliance, including accommodations for tidal changes, dock height, and trip hazard removal • Overnight vessel storage • Lighting and upland infrastructure for safety and accessibility Vessel Procurement After docking sites and routes are identified, we evaluate vessel options. All vessels will be certified by the U.S. Coast Guard(USCG), meaning operators will comply with regulations on personnel licensing, drug testing, and vessel inspections (which occur annually or more frequently as needed). Page 7 of 18 Each vessel is built with a specific purpose—tankers carry fuel,container ships carry cargo, and cruise ships carry passengers. For water taxi use,we select vessels based on: • Proven operational design • Anticipated peak passenger demand and needs for capacity • Service frequency requirements • Required speed to meet route timing • Wake size and impact • Propulsion systems(diesel,electric,hybrid,and other fuel sources) • Environmental footprint, including emissions,noise reduction,and sustainable materials • Refueling or charging needs, including tank or battery sizes • Conformance to ADA • Passenger comfort and amenities(sound systems,bathrooms, seating,etc.) • Capacity for bikes,strollers, luggage,and concessions Once vessel requirements are established, we engage a Naval Architect to assist in identifying builders or evaluating existing vessels that fir the need. Regulatory oversight throughout this process comes from the USCG regarding structure and inspections. • New builds: Plans are submitted to the USCG for review and approval. Inspections occur throughout construction, followed by sea trials. Upon approval,the vessel is issued a Stability Letter and Certificate of Inspection(COI),permitting commercial service. • Existing vessels: If a suitable vessel is found,a survey is conducted by an accredited marine surveyor. Upon purchase,the USCG conducts a"New to Zone"inspection.Once passed,the vessel can enter service. At this stage, infrastructure and operating costs for the chosen route become more clearly defined. Regulatory Approvals Before launching a water taxi service, it's critical to navigate a range of regulatory requirements to ensure everything runs safely, legally,and smoothly.This process involves coordination with several agencies at the local, state,and federal levels. Key steps in the approval process include: • U.S. Coast Guard(USCG)certification for vessels,crew,and operations—covering inspections, licenses,and safety standards • Local maritime authority approval for building docks,using waterway space,and evaluating navigational impacts • Environmental permits, especially when operating in protected or sensitive areas,to meet state and federal environmental laws • ADA compliance checks for both vessels and dock infrastructure to ensure accessibility for all passengers • Insurance and liability coverage, as required by local and federal regulations Page 8 of 18 Working closely with all relevant agencies from the early planning stages through launch helps keep the project on track and ensures a safe, compliant, and reliable service for the public. Integration with Existing Transit Infrastructure Integrating with other modes of transportation is key to making the Miami Beach Water Taxi a true part of the regional mobility system. We will work with public and private transit operators to ensure passengers can connect easily at both ends of the route.This ensures passengers can rely on the water taxi as a dependable part of their overall commute or travel experience. Page 9 of 18 3.2 SERVICE OPERATIONS & LOGISTICS Water Taxi and its management team have extensive experience owning and operating efficient and reliable marine transportation systems. Our background includes managing a fleet of high- speed commuter vessels in Boston(150 to 350 passengers)and a 15-boat fleet in Greater Fort Lauderdale.This hands-on operational knowledge directly informs the following service plan and positions us to bring a seamless, future-ready waterborne transit solution to the City of Miami Beach. The City can look forward to a service that not only moves people efficiently but also enhances the daily experience of residents,workers, and visitors—connecting vibrant waterfront communities,reducing roadway congestion,and offering an iconic,environmentally responsible way to travel. Fleet Management Water Taxi's approach to fleet management is comprehensive and built around multiple interconnected departments that prioritize safety, reliability,and preventative maintenance. • Engineering: We maintain a 24/7, 365-day-per-year Engineer on Duty (EOD). Our in- house engineering team includes mechanical and electrical technicians, boat repair specialists,and cleaning/detailing crew members. • Scheduled Maintenance: All maintenance tasks, from oil changes and steering system inspections to battery and pump replacements,are conducted according to the manufacturer's recommendations.Each vessel undergoes a detailed 30-day inspection by engineering staff,who report findings directly to operations and management. • Major Repairs&Capital Replacements: Larger-scale repairs such as engine replacements, seat upgrades,or antifouling paint applications fall under this category. We take a long-term approach to vessel life cycles—maintaining structural integrity and systems allow us to operate vessels reliably for over 20 years. • Daily Operations Feedback Process: Captains submit operational log sheets at the end of each shift,documenting any deficiencies or concerns.These are reviewed daily,and issues are promptly addressed by engineering. • Diver Inspections: Vessels are inspected below the waterline at least once per month. Divers clean hulls to improve performance and fuel efficiency,while also providing photos and detailed condition reports on running gear,zincs,and paint. (See Exhibit A) • USCG Inspections: All vessels undergo annual inspections by the U.S. Coast Guard for safety,equipment,and compliance with the Code of Federal Regulation(CFRs).We operate at a standard that ensures vessels are ready for inspection at any time.Our strong relationship with the USCG has even led to informal training opportunities for their new recruits. These efforts have enabled Water Taxi to maintain exceptional reliability, with operational uptime consistently between 98.5% and 99.4%. Page 10of18 Scheduling& Staffing Water Taxi maintains detailed schedules based on rider demand,weather conditions,and route capacity.Our operational philosophy balances frequency with reliability to maintain strong on- time performance and ensure seamless coordination with other transit systems. • Staffing includes licensed captains and trained crew members operating under a 24/7 on- call Manager on Duty(MOD) system to respond to service needs and ensure round-the- clock operational support. • Each evening,the MOD produces an Operations Report,summarizing key metrics such as crew assignments,vessel performance, incidents,and system-wide updates.The next morning begins with a debrief to ensure continuity of service. With these staffing systems in place,the City can expect consistent,dependable operation with minimal disruption and high responsiveness to both planned and unexpected service needs. Fare Collection & Passenger Tracking Our modern fare collection and ridership tracking system supports transparency,and efficiency. • Ticketing System:Tracks passenger boardings and fare types(e.g., adult,child, military), ensuring every rider is accounted for.This data also cross-references with captain log sheets to verify accuracy. • Passenger Logs: Captains maintain onboard logbooks that record boarding, and disembarkation counts in real time,supporting safety and operational oversight. • Sales Dashboard: Daily reports track ticket sales, ridership trends,and weather conditions to support future scheduling and marketing decisions. Passenger Safety Measures Passenger safety is a core priority. Our program blends federal compliance, modern technology, and robust crew training to ensure a secure and welcoming experience. • Onboard Cameras:Vessels are equipped with outward-and inward-facing cameras. These support training, incident documentation,and liability protection. Footage is stored for up to three years on a rolling basis and can be streamed live to shore. (See Exhibit B) • USCG Compliance: Regular safety drills,emergency response plans,and readiness protocols ensure we remain fully compliant with federal maritime safety regulations. • Crew Training: All crew undergo routine safety and emergency procedure training to ensure a swift,appropriate response in any scenario. The City can expect a trusted service that meets the highest safety standards while fostering passenger confidence. Page 11 of 18 Reliability,Frequency & Performance Metrics We use data-driven tools and structured processes to monitor and improve service quality. • GPS Tracking: Every vessel is equipped with GPS, allowing management to monitor fleet activity and enabling passengers to view real-time arrival updates via a user-friendly interface. (See Exhibit C) • Daily Reports: Our MOD team compiles daily reports detailing on-time performance, mechanical issues,and service updates, ensuring we identify and resolve potential problems quickly. • Performance Metrics: We monitor operational uptime,ticket validation, schedule adherence,and incident response times to maintain service quality and accountability. By introducing a Water Taxi system to the City of Miami Beach and the greater Miami area, we're not just adding boats,we're adding connectivity, convenience,and character to the City's landscape. The system will create new transit corridors,activate underutilized waterfronts, and offer residents and visitors a unique Miami Beach way to move through the city. With proven systems,a performance-driven mindset,and a collaborative approach, Water Taxi is ready to partner with the city in delivering a service the community will be proud of—reliable, modern, and made for the future of Miami. Page 12 of 18 3.3 ENVIRONMENTAL & REGULATORY COMPLIANCE Water Taxi and its affiliated companies operate in a highly regulated maritime environment,with compliance responsibilities that span federal, state, and local jurisdictions.We have a long- standing history of successfully navigating the permitting and regulatory landscape required to operate safe, environmentally responsible,and accessible services across South Florida. Should we have the opportunity to bring our services to the City of Miami Beach,we look forward to applying this depth of experience to support a waterborne transit network that aligns with the City's environmental goals,mobility objectives,and regulatory requirements. Federal Compliance At the federal level,we work closely with the U.S. Coast Guard(USCG)and the Occupational Safety and Health Administration (OSHA).The USCG oversees our vessel inspections, safety protocols,operator credentialing,environmental law adherence,and enforcement of maritime protections, including the Marine Mammal Protection Act.Our vessels are maintained in a continuous state of readiness for inspection and compliance. OSHA governs our employee safety standards and worksite compliance, ensuring our crews operate in safe,well-regulated environments. Our incident reporting and risk management systems are built to align with OSHA requirements and are embedded into daily operations. State Compliance Water Taxi works with the Florida Fish&Wildlife Conservation Commission(FWC)to ensure operations comply with marine speed zones,wake regulations,fueling safety,and sewage disposal standards. We also engage with the State of Florida for various licensing requirements, including vessel registration and alcohol permits where applicable. Our operations are fully compliant with state-level marine environmental laws, and we maintain all required documentation for inspections and enforcement. Local Collaboration We currently operate in six municipalities in Broward County,coordinating directly with local governments to manage docking access,route planning,and emergency communications.Our strong local presence means we are deeply familiar with regional permitting processes and can work seamlessly with City of Miami departments to support this initiative. Water Taxi's high visibility and long hours on the water have made us an informal asset to public safety,with our crews frequently reporting suspicious activity and assisting in rescue operations—both for people and animals. Page 13 of 18 Environmental Practices All Water Taxi vessels meet or exceed Tier 3 emissions standards,as required by the USCG.To support cleaner engine operation and fuel efficiency,we conduct regular hull cleanings, fluid and filter changes, and emissions system maintenance. We use low-sulfur diesel fuel, further reducing our environmental footprint. Sewage discharge into the water is strictly prohibited across our fleet.All vessels are equipped with sealed systems that require pump-outs at certified facilities. Waste fluids and materials are collected and disposed of through licensed hazardous waste providers. ADA Access Water Taxi is committed to exceeding the minimum standards of the Americans with Disabilities Act(ADA). While compliance is typically required only up to the dock edge,our team has worked to address the more difficult dock-to-vessel transition—especially in areas with fixed dock infrastructure. We've successfully implemented vessel modifications and dockside solutions to support accessible boarding. Our work in this area has earned us a federal award, and we continue to explore new methods to improve the passenger experience for all riders, regardless of mobility level. Pagc 14 of 18 3.4 FINANCIAL & BUSINESS MODEL Water Taxi and its affiliated companies bring over three decades of experience in developing financially sustainable waterborne transportation services through a combination of public contracts, grant opportunities, fare-based revenue,and creative public-private partnerships(PPP). Our team has a strong track record of working closely with local, state, and federal stakeholders to fund, launch, and scale water transit programs that balance operational costs with public value. Grant Support&Revenue-Based Service Models In response to a recent RFP from the City of Pompano Beach, Water Taxi developed a ridership- based subsidy model verified by USCG-certified logbooks. We provided detailed startup and operating proformas,and the resulting service—built to support tourism—now operates with two dedicated vessels. This structure reflects our ability to align financial planning with measurable performance metrics. In Fort Lauderdale, Water Taxi won a competitive RFP to operate a free public service on the New River.Under this fixed-fee agreement,we run a 20-passenger vessel from 10:00 AM to 10:00 PM, 363 days per year.This service has grown rapidly and now transports more than 90,000 passengers annually, illustrating the success of a publicly funded,privately operated transit solution. We were also selected to operate service during major events such as Art Basel, in partnership with the City of Miami Beach. In Fall 2024,we deployed four vessels with a minimum capacity of 55 passengers to connect Miami and Miami Beach. Water Taxi secured landing rights at a private marina on the Miami side and coordinated closely with city officials on dock management and multimodal connectivity. Feedback was overwhelmingly positive,with passengers praising the frequency, convenience,and the reduction in vehicle traffic.This model—now used annually for the Miami Discover Boating Boat Show—has proven both operationally and financially successful. In addition, Water Taxi serves as the exclusive water transportation provider for several major events, including the Fort Lauderdale International Boat Show(FLIBS),Tortuga Music Festival, and the Florida Panthers Stanley Cup Victory Parade.These engagements showcase our ability to manage high-capacity, high-visibility operations and generate alternative revenue through event contracts and sponsorships.Beyond fare revenue, Water Taxi has implemented onboard and dockside advertising solutions during major events and daily operations,offering an additional funding stream that supports service sustainability. Public-Private Partnerships & Infrastructure Collaboration We actively pursue PPP opportunities and have a demonstrated ability to structure agreements that serve both public interests and private-sector goals. A recent example includes a partnership with the City of Fort Lauderdale involving a parcel of beachfront land.Water Taxi submitted an unsolicited proposal for a long-term lease to develop a terminal and visitor center. Working closely with FDOT and municipal departments,we addressed right-of-way, curb access, and Page 15 of 18 intermodal design, resulting in a 50-year lease agreement with multi-phase development rights. The facility is designed to support transit,reduce traffic along A I A,and enhance the user experience. (See Exhibit D) Grant Access&Industry Engagement Water Taxi is a member of the Passenger Vessel Association(PVA), a national organization that collaborates directly with government agencies on maritime policy and funding.Through this affiliation,we remain informed about federal and state grant programs, including infrastructure and resiliency funds applicable to shoreside improvements. We believe strongly in the collaborative model—where public entities manage grant processes while private operators execute service delivery, creating high-impact results. Our partnerships with FDOT and other agencies continue to grow.The Florida DOT is familiar with Water Taxi operations across six municipalities in Broward County and currently supports the City of Pompano Beach through financial contributions toward water taxi service.These relationships help reinforce our credibility and ability to scale service with government support. Historic Success in Complex Financial Structures From 1995 to 2014,our ownership team operated a waterborne transit service in the Boston area, pioneering advancements in ADA accessibility,vessel efficiency,and commuter reliability. In the early 2000s,we sold the business to General Dynamics(GD),whose board later determined to exit non-defense assets.With support from GD and the Commonwealth of Massachusetts, we helped broker a transfer of ownership to the State and continued to operate the system under a cost-plus agreement. This eventually evolved into a revenue-sharing model with subsidy incentives—demonstrating our ability to navigate complex financing structures and ensure long- term viability. Public Service Portfolio Highlights Water Taxi has delivered high-performing, financially sound services in partnership with multiple government agencies. Representative examples include: • City of Fort Lauderdale—4th of July and Memorial Day"$5 Fare Days" • City of Miami Beach—Art Basel • Broward County Schools—Educational excursions and field programs • City of Salem,MA—Ferry service from Boston to Salem,MA • Boston Harbor Islands National Park—This is the first State and Federal Par combination. We were the exclusive transportation provider • Massachusetts Bay Transportation Authority—Commuter service and Logan Airport link (2002-2014) Though we are a privately owned company, Water Taxi is highly public-facing, mission-driven, and experienced in working with governmental and community partners.Our financial models are built not just for profitability, but for access, sustainability, and public impact. Should we be Page 16 of 18 selected by the City of Miami, we are ready to bring this same approach to building a service that is financially sound, publicly beneficial, and built to last. Page 17 of 18 3.5 CUSTOMER EXPERIENCE & MARKETING With over 1.2 million annual boardings and a growing customer base, Water Taxi places guest experience at the core of its operations.Even during challenging periods such as COVID-19 and shifting economic conditions,we've continued to see ridership growth,thanks to a commitment to clean, reliable service and a customer-first culture embedded across our entire team. Water Taxi is a brand we are deeply proud of,trusted, recognizable,and designed to deliver a premium waterborne transit experience. We are intentional about maintaining the quality of that brand. Our vessels are kept clean,uncluttered,and professionally maintained. We limit onboard advertising to protect the aesthetic and elevate the passenger experience,prioritizing brand integrity over ad revenue. Our outreach and engagement strategies begin long before a guest steps aboard.We employ a multi-channel approach that includes web-based ticketing,mobile responsiveness,social media outreach, and local partnerships.We work closely with hotels,restaurants,the cruise industry, convention centers,tour operators,and chambers of commerce to promote our services. Programs like Cruise& Save give guests exclusive discounts at local businesses and incentivize ticket purchases through cross-promotions,helping drive both ridership and local economic impact. We collaborate with a dedicated marketing agency to produce consistent and targeted campaigns—both digital and print.This includes email newsletters, social media placements, digital ads,and in-market signage. While onboard, guests receive geo-targeted text messages with local tips and destination highlights,enhancing their journey in real time. In any new market—such as the City of Miami Beach—we would expand our proven strategies by aligning with local tourism and transportation efforts.This includes collaborating with organizations such as the City's visitor's bureau,transit agencies,and hospitality leaders to raise public awareness,drive ridership,and ensure the service integrates seamlessly with Miami Beach's broader transportation and tourism landscape. Our goal is not simply to move passengers across the water—it's to create a signature experience that reflects the spirit of Miami.From seamless trip planning to memorable onboard moments, every touchpoint is an opportunity to deliver value, build loyalty,and connect people to the city in a meaningful way.With a proven strategy that blends strategic marketing, stakeholder collaboration, and five-star guest service,Water Taxi is ready to partner with the City of Miami Beach to launch a water transit system that residents embrace,visitors rave about,and the region can be proud of for years to come. Page 18 of 18 END OF RFQ