D A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE WRITTEN RECOMMENDATION OF THE CITY MANAGER (AS SET FORTH IN THE CITY COMMISSION MEMORANDUM ACCOMPANYING THIS RESOLUTION) AND WAIVING, BY 5/7THS VOTE, THE COMPETITIVE BIDDING REQUIREMENT, FINDING SUCH WAIVER TO BE IN THE BEST INTEREST OF THE CITY; AND APPROVING, IN SUBSTANTIAL FORM, THE CONCESSION AGREEMENT ATTACHED TO THIS RESOLUTION, BETWEEN THE CITY AND DUCK TOURS SOUTH BEACH LLC. (CONCESSIONAIRE) FOR THE OPERATION OF AMPHIBIOUS TOURS FROM THE BARRY KUTUN BOAT RAMP, AT MAURICE GIBB MEMORIAL PARK, LOCATED AT 1700 PURDY AVENUE, FOR A TERM OF ONE (1) YEAR, WITH TWO (2) ONE-YEAR RENEWAL OPTIONS, AT THE CITY’S SOLE DISCRETION; SAID AGREEMENT BEING SUBJECT TO FINAL NEGOTIATION BETWEEN THE ADMINISTRATION AND CONCESSIONAIRE AND SUBJECT TO REVIEW AND FORM APPROVAL BY THE CITY ATTORNEY’S OFFICE; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE THE FINAL NEGOTIATED AGREEMENT.