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Item C24M C ounty of f Monroe ELj » °o � BOARD OF COUNTY COMMISSIONERS /� r i � �� Mayor George Neugent, District 2 The Florida. Ke Se y I Mayor Pro Tern David Rice, District 4 Danny L. Kolhage, District I Heather Carruthers, District 3 Sylvia J. Murphy, District 5 County Commission Meeting May 17, 2017 Agenda Item Number: C24 Agenda Item Summary #2926 BULK ITEM: Yes DEPARTMENT: Engineering / Roads TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295 -4329 N/A AGENDA ITEM WORDING: Approval of Amendment 2 to Contract with Paradise Divers, Inc. for Temporary Ferry Service Between the City of Marathon and Pigeon Key, extending the expiration date to June 30, 2018. Annual contract term to run July 1, 2017 - June 30, 2018 at total contract cost of $231,249.40 with contributions from FDOT in amount of $125,000.00, City of Marathon in amount of $17,343.75 and Pigeon Key Foundation in amount of $1,406.25. ITEM BACKGROUND: FDOT agreed to fund repairs to the Old Seven Mile Bridge with the provision that the City of Marathon, Monroe County and the Pigeon Key Foundation continue to fund the Pigeon Key Ferry Service until bridge repairs are complete. This Amendment 2 extends the contract for one additional year and adds Public Records language as required by F.S. 119.0701 PREVIOUS RELEVANT BOCC ACTION: BOCC approved a Joint Participation Agreement (JPA) with FDOT to provide three years of partial ferry funding on May 20, 2015. BOCC approved Amendment 3 to Interlocal Agreement with the City of Marathon to provide three years of partial ferry funding on May 20, 2015. BOCC approved a one year contract (with option to renew agreement for five additional twelve -month periods) with Paradise Divers, Inc. to provide ferry services to Pigeon Key for period of July 1, 2015 — June 30, 2016 at the June 10, 2015 meeting. BOCC approved Amendment 1 to Contract with Paradise Divers, Inc. to extend contract period for one additional year until June 30, 2017 at the May 18, 2016 meeting. CONTRACT /AGREEMENT CHANGES: Extend contract expiration date/ add public records language STAFF RECOMMENDATION: Approval of Amendment 2 DOCUMENTATION: Amendment 2 - extend contract Contract Paradise Divers with Amend. 1 FINANCIAL IMPACT: Effective Date: July 1, 2017 Expiration Date: June 30, 2017 Total Dollar Value of Contract: $231,249.40 Total Cost to County: $87,500.00 Current Year Portion: $58,287.52 Budgeted: Yes Source of Funds: MC/FDOT /City of Marathon CPI: N/A Indirect Costs: N/A Estimated Ongoing Costs Not Included in above dollar amounts: N/A Revenue Producing: No If yes, amount: Grant: $125,000/$17,343.75/$1,406.25* County Match: $87,500.00 Insurance Required: Yes Additional Details: * $125,000 grant from FDOT; $17,343.75 contributed by City of Marathon; $1,406.25 contributed by the Pigeon key Foundation 05/17/17 125 -22527 - PIGEON KEY FERRY SVC $231,249.40 REVIEWED BY: Judith Clarke Completed 04/25/2017 8:28 AM Christine Limbert Completed 04/26/2017 9:00 AM Budget and Finance Completed 04/26/2017 1:24 PM Maria Slavik Completed 04/26/2017 5:16 PM Kathy Peters Completed 04/27/2017 12:14 PM Board of County Commissioners Pending 05/17/2017 9:00 AM AMENDMENT 2 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this day of , 2017 between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter the "COUNTY ", and PARADISE DIVERS, INC., whose address is 31243 Avenue E, Big Pine Key, FL 33043, hereafter the "CONTRACTOR ". WHEREAS, on the 10 day of June, 2015, the parties executed a contract authorizing the Contractor to perform temporary ferry service between the City of Marathon and Pigeon Key; and WHEREAS, on the 18 day of May, 2016, the parties amended the contract to extend the contract expiration date for an additional year; and WHEREAS, the current contract expires June 30, 2017 but the County has the option to renew the contract and both parties mutually agree to a contract extension; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: 1. Section 5.0 A. TERM OF CONTRACT/RENEWAL shall be amended to read as follows: This contract shall be extended for a period of twelve months, commencing July 1, 2017 and terminating June 30, 2018 in accordance with subsection B below. 2. Section 22.0 PUBLIC ACCESS shall be amended to add the following: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F. S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. Amend. 2 Paradise Divers Page 1 of 3 (2) Upon receipt from the County's custodian of records, provide the County 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 this chapter 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 contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305- 292 -3470 BRADLEY- BRIAN(a,MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112 TH Street, SUITE 408, KEY WEST, FL 33040. Amend. 2 Paradise Divers Page 2 of 3 1 In all other respects the Contract dated June 10, 2015 as amended on May 18, 2016 remains in full force and effect. M W11191=3 B Af, j (' 17 y � - U Vy a B y �aL L M. Mayor/Chairman PARADISE DIVERS, INC. By Title APPR It C. :.: STI-'E M. LIM ASSISTA : .*t ' : RNEY Date i I/ th I r ( Amend, 2 Paradise Divers Page 3 of 3 0 01 CALM LE 0 t o ] 3V IM N X010 I 159011 SWO 20 EN '-I M- 1 M THIS CONTRACT AMENDMENT is entered into this -RL day of ROM — 2016 between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33046, herLfter the "COUNTY", and PARADISE DIVERS, INC., whose address is 31243 Avenue E, Big Pine Key, FL 33043, hereafter the "CONTRACTOR". WHEREAS, the current contract expires June 30, 2016 but the County has the option to renew the contract and both parties mutually agree to a contract extension; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: Section 5.0 A. TERM OF CONTRACT/RENEWAL shall be amended to read as follows: This contract shall be extended for a period of twelve months, commencing July 1, 2016 and terminating June 30, 2017 in accordance with subsection B below. E IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly authorized representative. PARADISEYWERS, lNC. Bv A fr Title Amend. I Paradise Divers Page 1 of I 61-;a- 1 tj WITNTE.T.-M.11MI&W. MID TH AGREEMENT, made and entered into this I t) day of �V 2015. A.D., by and between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and "County"), and Paradise Divers, Inc. (hereinafter called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: The contract between the County and the contractor, of which this agreement is a part, consists of the contract documents. I IVA$ g A r-j ff; I a I L-1 a 10 1 11 r-1 I I" i I;j (- 0 nVA q a I; I . Nor-114ram r-34mr-3 wgj 11 owls IZA91 to 0 and all required insurance documentation. 0) E The Contractor shall provide ferry services between the City of Marathon and Pigeon Key as specified in Exhibit A • this agreement. The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the last day of the following month in each of twelve months. The Contractor shall provide the County with documentation to support the income earned by the Contractor from the services provided, to which shall be applied the rates set forth in Exhibit A of this agreement. A. All contract documents have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under n4 circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. [.1[9j II&I Im 10 siza 1 11raw-1 Nomplinel 11ps R1.10g] air., 11 Noru 141 damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the contract documents. A. This contract shall be for a period of twelve months, commencing July 1, 2015 and terminating June 30, 2016. B. The County shall have the option to renew this agreement after the first term of twelve months, and each succeeding term, for five additional twelve -month periods, or until completion of repairs to the Old Seven Mile Bridge and the Ramp to Pigeon Key. The Contract amount agreed to herein may be adjusted only by written addendum hereto executed by both parties. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONTRACTOR the CONTRACTOR agrees and warrants that CONTRACTOR hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. In the event that any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorney's fees and costs incurred by those attorneys selected by the County to appear and defend such claims or actions on behalf of the County at both the trial and appe levels. The County, at is sole ootiom, shall have the sole authority for the direction of the defenso, and shall be the sole judge of the acceptability of any compromise or settlement of any This indemnification shall survive the expirat or early termination of the Agreement. Ad all times and for all purposes under this agreement the Contractor ieani ndependent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed eoaato find the contractor or any of his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. County and Contractor agree that there will beno discr against any person, and itha 6: expressly understood that upon a determination by a court of competent jurisdiction that 0 discrimination has occurred, this Agreement automatically terminates without any further action :w on the part mf any party, effective the date of the court order. County or Contractor agree to comply with all Federal and Florida ototutem, and all local ondinancea, as mpp|ioab|e, relating to nondiscrimination. These include but are not limited to: 1> Title V| of the Civil Rights Act of 1G84(PL88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title |)(of the Education Amendment of1B72.me amended (2OUSCaa.1081-1683. and 1685- 1808), which prohibits discrimination Dnthe basis Of sex; 3) Section 5O4Of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of `- handicaps; 4\ The Age Discrimination Act of1975.aa amended (42USCes. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PIL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 8)The < Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PIL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or � alcoholism; 7) ea 523and�27/42U8(�eo.89Odd-3ond .' . � ` 2SDeo'3\.om amended, relating to confidentiality of alcohol and drug abuse patent records; 8\ � Title V|||of the Civil Rights Act of1B68(42USCe.*toeq.).ae amended, relating to ^� nondiscrimination in the sa|e, rental or financing of housing; S) The Americans with Disabilities Act of 1980 (42 U8C s. 1201 Note), as maybe amended from time totime, relating 10 nondiscrimination on the basis ofdiaobi|ih/�1D\ K8OnrQ�(��unb/<�Od�C|h 1� A� V| '' ' ' � ' � ' m u- prohibiting discrimination on the bases of race, oo|or, mex, re|igion, d|mabi||tv, national origin, / ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. ° 9.0 ASSIGNMENT/SUBCONTRACT The Contractor shall not assi oroubcmntnact its obli underthieagreemnent.exoemtin writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall inno manner or event be deemed to impose any obligation upon the Board in addition to the total agreed-upon price of the services/goods of the Contractor. 11.0 INSURANCE U1 UeRel, LIIaL 15 IIL;eII5UU LU U15IIW55 IF] tile OLdLU 07 Munua ant Mat M5 air process within the State • Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. . • - - I s - I 1 • . • 11AMIM111wzAl 1011W.141 IR24 OL7 Lail lermlymo 11111 In if a Worker's Compensation I wlivre-111N.-IA Statutory Limits $1,000,000 Accident $1,000,000 Disease, policy limits A IM! ' _ - �_ I&VM Jones Act Coverage Tehicle Liability (Owned, non-owned and hired vehiclesl General Liability, including Premises/Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Li ability Water Craft Liability zymn- Im- anmam=- R 111 I I I $1,000,000 per occurrence $1,000,000 times maximum passenger rating (50 passengers - $50,000,000 limit) 1, 111 111 •- • - - 1 11 t11 -66 -0- - i IM If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, subject to the terms and conditions set forth in these contract documents The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the County is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the Monroe County Administrator and 1100 Simonton Street Key West, FL 33040 Monroe County Attorney P.O. Box 1026 Key West, FL 33041-1026 F r the Contractor: to do so. = IN I interpretat of this Agreement, the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe Cmuntv, Florida. The County and Contractor agree that, |n the event of conflicting interpretations mf the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. a) 8everabi||tv. |f any term, covenant, condition nr provision Of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and 0 provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by |oxx unless the enforcement of the remaining tarnno, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with e valid provision that oornea as close as possible to the intent of the stricken � provision. a. 0 b) Attorney's Fees and Costs. The County and.Contnautmr agree that in the event any :w cause of action mr administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agneement, the prevailing party shall be entitled to E reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-poch*t expenses |n appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. `- C) Cooperation. |n the event any administrative or legal proceeding |o instituted against E e party relating to the formation, execution, performance, or breach of this Agreement, COunb/�nd(�OntrG��ormgr���Op��ioi�m�8,tO�h����ntr�quin�dbyth��thgrpe�v.inG|| ' ' proceedings, hearings, processes, meetings, and other activities related to the substance of this � Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party ƒo this Agreement shall be required ho enter into any arbitration proceedings related to this Agreement. 16'0 RECORDS. Contractor shall maintain all books, records, and documents directly pertinent to performance / under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records U purposes during the term of the Agreement and for five years after final payment is made. If an auditor employed bythe County or Clerk determines that monies paid to Contractor pursuant 0m this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Geo. 55.03. F8, running from the date the monies were paid to Contractor. °� li VAIM:1 I ► 11110 Les-9=1 EM The terms, covenants, conditions, and provisions • this Agreement shall bind and inure to the benefit • the County and Contractor and their respective legal representatives, successors, and assigns. =R represenis anauly : � � - 1 W C & Z OX this Agreement have been duly authorized by all necessary County and corporate action, as required by law. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this a. 0 Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 20.0 CODE OF ETHICS. E 22.0 PUBLIC ACCESS. (a) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. VZIUM i • IN 1111 W Ian ig I a] LORIN-1 M V-1 a I Ng I I HE.] Its WN NJ 9 I[#-= a VIZILTY&I 9 J • C-I 10411 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair The Contractor will, promptly notify the County if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 29.0 E-VERIFY The Contractor and any subcontractors performing work • providing services pursuant • this contract will utilize Department • Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor or any subcontractors during the contract term. (Executive Order Number 2011-02) afly JJJt!rJJL)UJ, UHIL&I, dyUrlt UF erTIPUYUe Ut 11 no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. first written above in four (4) counterparts, each of which shall, without proof or accounting for the other counterparts, be deemed an original contract. I BOARD OF COUNTY COMMISSIONERS MY HEAVILIN, Clerk OF MONROE COUNTY, FLORIDA 7 it J. 0? By: �o ' 6---A May r/Ch i Im Date: 0115 WITNESS: BY: MONROE COUNTY ATTORNEY PPRO. 0 AS TO FORM: CHRIS TIN ST. AXTO R N E Y EXHIBIT A BASE SERVICE Ferry Service Requirements The service shall consist of two components, passenger transport and goods transport, as described below. The Contractor shall be responsible for providing all stoffinQ, wmeee|a, and associated equipment and services necessary ƒo operate the service. 1' Passenger Transport The Contractor ehmU provide for the emfe, reliable and comfortable transport of passengers between landing facilities within the City of Marathon and Pigeon Key consistent with the functional requirements described within this section. Base service will be provided daily between the hours of 10 AM and 4 PM at headways no greater than 90 minutes supplying a functional capacity of 22 passengers per 90 minute interval in each direction. 2. Educational Groups The Foundation provides educational programs year-round on a prearranged basis There are typically 85 educational groups per year, ranging in size from 15 to 70 E persons per group. Educational groups will not be charged a user fee for ferry service. The monthly fee to be paid to the Contractor for Base Service will include transportation for educational groups on regularly scheduled service to the extent ,pos ' sible. Base service fee will include up to 84 additional round trips to accommodate educational groups that cannot be accommodated in the regularly scheduled services. The cost for additional vessels to move educational groups that cannot be accommodated in the regularly scheduled service beyond the 84 E 2dditional round trips will be paid separately as detailed below. < b. Historic Tours The Foundation provides historic tours for the general public every day of the year. There are on average 16 persons daily on historic tours with a recorded high of5O persons mn one day. Contractor will provide service bz Pigeon Key ona8Ominute fixed schedule between 10 am and 4prndaily. c. Guest House Use The Foundation provides overnight uaemfUleGuestHouoeonPi eonKevona prearranged basis throughout the year. The Guest House is typically occupied 250 nights a year by groups of up to eight persons. Every effort should be made to accommodate these trips within the base service. d- Foundation Staff Up to five staff members remain in residence on Pigeon Key. Staff access will be accommodated within the base service in a manner that shall not, in the sole opinion of the County, unreasonably disrupt Foundation operations. 2. Goods Transport The Contractor shall provide all labor and equipment necessary for the safe, reliable and environmentally secure transport, loading and off-loading of goods between landing facilities in the City of Marathon, and Pigeon Key. Contractor will provide for goods movements using the scheduled base service, supplemented by a minimal number of additional trips that would consolidate ferry trips in a cost-effective manner. 7. Consurnables Foundation operations require regular delivery of diesel and propane fuel, food, and other consurnables to Pigeon Key and the removal of trash, garbage and other rubbish to Marathon on a regular basis. delivery to Pigeon Key by the Contractor. The Contractor will transport diesel fuel to Pigeon Key and provide equipment z M necessary to safely offload fuel to the mobile tank on the island. The mobile tank a. must remain on the island and will not be moved onto the dock during fueling 0 operations. Fuel transport and offloading will be performed in compliance with all local, state and federal laws. E Pigeon Key Foundation will reimburse the contractor for the cost of diesel fuel at the actual cost with no mark up. Contractor's monthly cost includes the cost for transporting and offloading fuel only. Trash, garbage and other rubbish may be required by demand to be removed as often as daily, but no less than weekly. The contractor will provide garbage dumpsters at the Marathon landing facilities. The cost for the dumpster and garbage E pick up by a refuse hauler at landside facility will be paid by Pigeon Key is not included in monthly cost. passengers. Vessels used to transport garbage and fuel will be appropriately cleaned prior to reuse for passenger transport. 11 — onTiTi — yTee Tor transportation OT passengers ana or gooUs 4 ,':00 PM as described in Base Service: $19,271, per month Based on $ 633.56 per day for 365 days per year ADDITIONAL SERVICES Special Equipment Transport As directed � kthe Coun4 rovide for trans ort of bobcats and backhoes Ilk the Contractor will 6. ZIMI RVEN 1011111 r-'&M4 19 IN late 0010&101=11[w�l IXZZITANIIE*1^�1110i*&�� Equipment Transport Cost: 4,500 per occurrence Passenger Transportation - Pigeon Key Foundation Sponsored Events The Contractor will provide ferry service during Foundation sponsored events with sufficient 0 capacity such that the maximum wait for any individual will be 30 minutes prior to boarding. The Contractor will use additional vessels as necessary to maintain required level of service. (D The Contractor will employ methods for regulating traffic and managing crowd control during events, such as timed boarding passes. The cost associated with passenger transportation T for Foundation sponsored events will be borne exclusively by Pigeon Key Foundation. Cost per vessel per day: Based on the number of Round Trips at the extra trip cost a. below. 0 Goods Transport for Pigeon Key Foundation Sponsored Events Contractor will provide transportation for other materials needed to support Foundation E activities. Special delivery requirements associated with Foundation sponsored events may require delivery of tents, tables, chairs and other similar material and catering supplies on the day prior to the event and the removal of the same the day after the event. These requirements will be identified by the Foundation no less than 30 days prior to the event. To the extent possible, items will be transported on regularly scheduled trips at no extra cost. When additional trips are required the cost will be borne exclusively by Pigeon Key Foundation. E Cost for Extra Trip: L150 per round trip Passenger Transportation for Contracted Functions The Contractor will transport groups for contracted events (weddings, proms, retreats, private parties) on a prearranged basis throughout the year. The Contractor will be able to transport up to 176 people within a 90 minute timeframe using several vessels if required. A minimum of 30 calendar days advance notice will be provided for contracted functions. The transportation cost for contracted functions will be borne exclusively by the contracting group. 0- Cost: 1 per person for each round trip Goods Transport for Contracted Functions 0 Contracted functions may involve transport of equipment (tents, tables, chairs) the day before or the day of the function (caterers), and return on the day after. These requirements will be identified by the Foundation no less than 30 days prior to the event. To the extent possible, E items will be transported on regularly scheduled trips at no extra cost. When additional trips are required the cost will be borne solely by the contracting group. Cost for Extra Trip: j_160 per round trip The Contractor will perform the scope of services in accordance with the operational requirements outlined below. Passengers will be required to si a liability release form prior to departure of the vessel from the dock. The Contractor will use vessels that are compatible with the landing facilities inthe City of Marathon and existing facilities on Pigeon Key. All vessels must carry a valid Certificate of Inspect from the United States Coast Guard and ^� must comply with all safety and accessibility laws, regulations and requirements pertaining 0o the transport of passengers and goods, as applicable 0m the intended use of each vessel inthe Contractor's operat plan. Proposed vessels are subject ho approval bvthe County. Vessels must be equipped to safely and efficiently operate year round in the navigational and weather a. environment Cfthe Florida Keys. |nc|uding, but not limited to, dense fog, high wind, squalls, 0 heavy rain, sea state and heavy vessel traffic conditions. :w � � The Contractor shall utilize vesse that offer clean, neatly furnished and heated inside accommodations with clean naetroonn facilities, good lighting, waste receptacles, and on < audible public address system. W The County will provide for access to and use of existing landing facilities on Pigeon Key. The Contractor will provide for access to and use of Knight!s Key Marina docking facilities at7 Knight's Key Boulevard, Marathon, FIL 33050. Landing facilities at Pigeon Key Information Center must have parking for e minimum of 15 vehicles to accommodate daily island visitors. Any change in landing facilities within the City of Marathon is subject to approval by the County, upon receipt of notice in accordance with Paragraph 13.0 of this Agreement. FERRY OPERATIONS The Contractor's ferry operation is subject to all regular operating permits and license requirements of the United States Department of Transportation and Coast Guard, as well as the Florida Department of Transportation. The Contractor is solely responsible for any associated fees. Prior to operation and by July 1 of each year thereafter, the Contractor shall submit an operational plan to the County for approval prior to implementation. Atmminimum, this plan shall address docking, vessel operations, passenger and/or goods boarding and discharge plan, emergency procedures, and e projection forthe|enQthoffheoontnactof1he Contractor's capability to maintain the vessels and the crew in a satisfactory passenger transportation operational condition. The Contractor shall maintain zero-tolerance po for drug and alcohol abuse for all em ployees directly involved in the prov of services under this agreement. The Contractor will prov o program of random drug and alcohol testing for the duration of this agreement consistent with the requirements of the Federal Transit Administration. The Contractor shall pay liquidated damages for each instance of violation of on-time 0 $1,000 per missed trip 0 $250 per instance of major lateness -6 0 $50 per instance of minor lateness a $250 per day per vessel for a violation of the passenger service standards. E Violations include, but are not limited to, untidy vessels, inadequate safety appliances, an uncomfortable passenger environment, an inaudible or improperly used public address system, or discourteous crew behavior. Traffic Service and Coast Guard, law enforcement actions, medical emergencies and rescue operations. In any event, every effort should be made to maintain safe on-time performance. However, in no circumstances shall the failure of lack of availability of the Contractor's equipment or crews, or any other such circumstances within the Contractor's control, be an acceptable excuse for late or missed trips. The Contractor shall suspend all services inthe event that the Foundation suspends activities ona temporary or permanent basis. The Counb/.at its sole discretion, will Foundation is active. The value of days in which service is suspended shall be calculated on a pro-rated basis from an annual accumulation of monthly fees. The Foundation, Department and County are not responsible for Contractor costs incurred or revenues lost by the interruption of service and/or suspension and restart of services. IM 0 (D S 4) T 'a a. 0 04 as I w 04 m as Ca Paradise Divers, Inc. RFIP - Temporary Ferry Service March 18, 2015 luyz =. 11111111111111IIIIIIIIIII I'll 1 111111111 I'11!11�1111IIIIIJI IIpIIljIIIII�jlI' �111 I NWHIMEZ-92 1r 9 I I R11 Ifli FAI 10H 11 to Paradise Divers, Inc. RFP - Temporary Ferry Service Vew March 18, 2015 • NEM Foundation staff regularly utilizes the ferry service. Foundation staff transportation is accommodated on A.M. trip that is bein.Merformed at no charp--Ibi-pte- needs to leave or return to the Island. Many times the staff person will contact the captain on duty and let them know their plans. We have a very good rapport with Pigeon Key staff and communication is *.ssential. Paradise Divers, Inc. Temporary Ferry Service Between Mar . I . I Ifilm Wl 111 communication system in place to confirm the fuel level at the Island and usage. Depending on which generator is running, the fuel consumption rate changes. On the Marathon side, fuel is delivered to the "Train" stor e le i Im Paradise Divers, Inc. Temporary Ferry Service ketWeP—X-K'AW-VA• • � � March 18, 2015 ecia during per! ods of bad we at her, sustain their needs. - 'HI Delivery of other materials such as tents, tables, chairs, other similar materials, catering supplies, service z technician's equipment, is accomplished regularly. Scheduling delivery of these goods is planned in advance and integrated with the daily actives of the Island using effective communications and C 0) scheduling. We have the ability to let the large delivery trucks enter Knights Key through a separate E delivery gate. The goods are off loaded in close proximity to our dock and vessel. We load and unload the supplies for Pigeon Key. The goods are then transported to Pigeon Key and off loaded at the dock by our staff working closely with Pigeon Key staff to suit their time and schedule. 1- F I- facilities during post hurricane event periods. ■ ■ ■ ■ ■ ■ Paradise Divers, Inc. RFP - Temporary Ferry Service Between Marathon March 18, 2015 N - -1 .1- b--" -, I I lent. i nere are a minimum OT 1- parKing p7a m ce m s m , Plus Use of the public parking across the street. This facility is sufficient for Ferry Service purposes. currently enrolled in this program and are randomly required to be drug tested. This established drug testing program is administered by The Maritime Consortium, Inc. M • ■ Paradise Divers, Inc. Temporary Ferry Service geetw March 18, 2015 a] [Or-mm wjaamwzlgff�.� M First trip leaves Knights Key at 10:00 A.M and returns from Pigeon Key at 10:15 A.M. 2nd trip leaves Knights Key at 1 and returns from Pigeon Key at 12:15 P.M. Third trip leaves Knights Key at 2:00 P.M. and returns from Pigeon Key at 2:15 P.M. Fourth trip, and last trip of the day, leaves Knights Key at M:30 P.M. and returns from Pigeon Key at 4:00 P.M. 1, aradise Divers, Inc. UP - Temporary Ferry Service March 18, 2015 =