Item C24M
C ounty of f Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor George Neugent, District 2
The Florida. Ke Se
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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.
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Mayor/Chairman
PARADISE DIVERS, INC.
By
Title
APPR
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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.
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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.
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and all required insurance documentation. 0)
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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.
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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
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expressly understood that upon a determination by a court of competent jurisdiction that
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discrimination has occurred, this Agreement automatically terminates without any further action
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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
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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
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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
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alcoholism; 7) ea 523and�27/42U8(�eo.89Odd-3ond
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2SDeo'3\.om amended, relating to confidentiality of alcohol and drug abuse patent records; 8\
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Title V|||of the Civil Rights Act of1B68(42USCe.*toeq.).ae amended, relating to
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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|
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prohibiting discrimination on the bases of race, oo|or, mex, re|igion, d|mabi||tv, national origin,
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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.
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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
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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.
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Worker's Compensation
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Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
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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
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$1,000,000 per occurrence
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
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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.
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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
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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
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provision.
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b) Attorney's Fees and Costs. The County and.Contnautmr agree that in the event any
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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
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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.
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C) Cooperation. |n the event any administrative or legal proceeding |o instituted against
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e party relating to the formation, execution, performance, or breach of this Agreement,
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proceedings, hearings, processes, meetings, and other activities related to the substance of this
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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
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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
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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.
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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.
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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.
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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.
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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)
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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
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0? By: �o ' 6---A
May r/Ch
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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
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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
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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
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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
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operations. Fuel transport and offloading will be performed in compliance with all
local, state and federal laws.
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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
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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
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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
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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.
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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
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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
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below.
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Goods Transport for Pigeon Key Foundation Sponsored Events
Contractor will provide transportation for other materials needed to support Foundation
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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.
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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.
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Cost: 1 per person for each round trip
Goods Transport for Contracted Functions
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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,
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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
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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.
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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
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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
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Paradise Divers, Inc.
Temporary Ferry Service
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March 18, 2015
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during per! ods of bad we at her,
sustain their needs. -
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Delivery of other materials such as tents, tables, chairs, other similar materials, catering supplies, service
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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
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scheduling. We have the ability to let the large delivery trucks enter Knights Key through a separate
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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.
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facilities during post hurricane event periods.
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Paradise Divers, Inc.
RFP - Temporary Ferry Service
Between Marathon
March 18, 2015
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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.
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Temporary Ferry Service
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March 18, 2015
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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
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