Item C34
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 15,2007
Division: Engineering
Bulk Item: Yes -X-
No
Department:
Staff Contact Person/Phone #: Dave Koppel X4427
AGENDA ITEM WORDING: Approval to enter into a contract with Paradise Divers, Inc. for
temporary ferry service between the City of Marathon and Pigeon Key.
ITEM BACKGROUND: The Old Seven Mile Bridge is scheduled to be closed for repairs. The
temporary ferry service will provide access to Pigeon Key once the bridge is closed.
PREVIOUS RELEVANT BOCC ACTION: BOCC granted approval to advertise for a request for
proposals for temporary ferry service at December 20, 2006 meeting (item 0-4). BOCC approved
rejecting proposals and re-advertising for proposals for the temporary ferry service at the March 21,
2007 meeting (item D-19). BOCC granted approval to enter into a Joint Participation Agreement (JP A)
with Florida Department of Transportation (FDOT) to provide $750,000 to fund the ferry service for a
three year period at the June 2007 meeting (item C-25).
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval as stated above.
TOTAL COST: $220,450.50
BUDGETED: Yes
No X_
COST TO COUNTY: $ 0
SOURCE OF FUNDS: Grant from FDOT
REVENUE PRODUCING: Yes No X
tJ~
APPROVED BY: County Atty ~
AMOUNT PER MONTH_ Year
OMB/Purchasing _ Risk Management _
DOCUMENTATION:
Included
Not Required_
DISPOSITION:
AGENDA ITEM #
Revised 11/06
Engineering Division
MEMORANDUM
To:
The Monroe County Board of County Commissioners
From:
David S. Koppel, P.E.
Division Director, Engineering
Date:
July 31,2007
Re:
Temporary Ferry Service to Pigeon Key
The Engineering Division is requesting approval to award a contract to provide
temporary ferry service from the City of Marathon to Pigeon Key.
The ferry service is needed to access Pigeon Key while the Old Seven Mile Bridge is
closed for repairs. The Florida Department of Transportation has provided a grant for
$750,000 to help fund the ferry service for a three year period.
On March 21, 2007, the BOCC granted approval to reject proposals for the temporary
ferry service, revise the scope of services contained in the request for proposals (RFP),
and re-advertise. Staff revised the RFP based on discussions at the March 7, 2007
BOCC workshop and subsequent discussions with Pigeon Key Foundation. Three bids
were received on July 3,2007; the three respondents were Paradise Divers, Inc.,
Starfish Swim and Snorkel, Inc. and Cristal Clear Charters (partnered with Cay Clubs).
Paradise Divers, Inc.'s bid of $20,231 per month for base service, with no user fees
imposed on riders was the lowest bid. Starfish Swim and Snorkel, Inc.'s monthly cost
was $38,340.63 and Cristal Clear Charters monthly cost estimate was $40, 432. Staff
has worked with Paradise Divers, Inc. and Pigeon Key Foundation staff to ensure that
the contract scope of services will meet the needs of the Pigeon Key Foundation's
operations.
Staff supports approval of this contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Paradise Divers, Inc. Contract #_
Effective Date: August 15,2007
Expiration Date: June 30, 2008
Contract Purpose/Description:
Temporary ferry service between the City of Marathon and Pigeon Key.
Contract Manager: David Koppel 4427 Engineering/# I
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/15/07 Agenda Deadline: 7/31/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 220,450.50 Current Year Portion: $ 29,671.50
Budgeted? YesD No D Account Codes: ~-.2.l;2g 5~'iCto- ~~5~"IO
Grant: $ 220,450.50 -if _-_-_-_-_
County Match: $ 0 _-_-_-_-_
- - - -
-----
ADDITIONAL COSTS
Estimated Ongoing Costs: $256J22/yr For: two additional contract years
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director B-S.'o? Y esD No~
Risk ManaRtY1entA ~ '7v 1 YesD No
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O.M.B.lPurch~ng ~7 YesD No
County Attorney ~JOO1-Y esD No~
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CONTRACT
THIS AGREEMENT, made and entered into this _ day of ,2007, 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:
1.01 THE CONTRACT
The contract between the County and the contractor, of which this agreement is a part, consists
of the contract documents.
1.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the Request for Proposals (RFP), and any
addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and any additions or clarifications, and all required insurance
documentation.
2.0 SCOPE OF THE WORK
The Contractor shall provide ferry services between the City of Marathon and Pigeon Key as
specified in Exhibit A of this agreement.
3.0 THE CONTRACT SUM
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 ten and one
half 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.
The County's performance and obligation to pay under this agreement is contingent upon annual
appropriation by the Board of County Commissioners.
4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
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 no
circumstances, conditions, or situations shall this Contract be more strongly construed
against the County than against the Contractor.
B. Any ambiguity or uncertainty in the contract documents shall be interpreted and construed
by the County, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the County of any of the services furnished by
the Contractor shall not operate as a waiver by the County of strict compliance with the
terms of this Contract and contract documents covering the services. Failure on the part of
the Contractor, immediately after Notice to Correct shall entitle the County, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from the
Temporary Ferry Service Between the City of Marathon and Pigeon Key
Contractor, who shall in any event be jointly and severally liable to the County for all
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.
5.0 TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of ten and one half months, commencing
and terminating June 30, 2008.
,2007
B. The County shall have the option to renew this agreement after the first term, and each
succeeding term, for four additional six-month periods. The Contract amount agreed to
herein may be adjusted only by written addendum hereto executed by both parties.
6.0 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners, the State of Florida, and the Florida Department of Transportation from
any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in
any tier, their employees, or agents.
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 the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
7.0 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County. No
statement contained in this agreement shall be construed so as to find the contractor or any of
hislher employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
8.0 ASSURANCE AGAINST DISCRIMINATION
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
2
Temporary Ferry Service Between the City of Marathon and Pigeon Key
on the part of any party, effective the date of the court order. County or Contractor agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis ofrace, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII ofthe Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, 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 assign or subcontract its obligations under this agreement, except in
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 ofthis agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon the Board in addition to the total
agreed-upon price ofthe services/goods of the Contractor.
10.0 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
11.0 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the County Certificates of
Insurance indicating the following minimum coverages:
3
Temporary Ferry Service Between the City of Marathon and Pigeon Key
Worker's Compensation
Employers' Liability Insurance
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$1,000,000 combined single limit
Employee Dishonesty Coverage
(Required only if the respondent collects
a fee on behalf of the County and is obligated
to pass these funds on to the County)
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only if respondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
Pollution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
12.0 PROFESSIONAL RESPONSIBILITY
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.
13.0 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
4
Temporary Ferry Service Between the City of Marathon and Pigeon Key
F or the County:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
and
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041-1026
F or the Contractor:
Paradise Divers, Inc.
38801 Overseas Highway
Big Pine Key, Florida 33043
14.0 CANCELLATION
The County may cancel this contract for cause with thirty (30) days notice to the contractor.
Cause shall constitute a breach of the obligations ofthe Contractor to perform the services
enumerated as the Contractor's obligations under this contract. Either ofthe parties hereto may
cancel this agreement without cause by giving the other party ninety (90) days written notice of
its intention to do so.
15.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations of 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) Severability. If any term, covenant, condition or 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
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 law unless the enforcement of the remaining terms, 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 a valid provision that comes as close as possible to the intent of the stricken
proVISIOn.
b) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause
of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award
5
Temporary Ferry Service Between the City of Marathon and Pigeon Key
against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and
out-of-pocket expenses in 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. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
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 to this Agreement shall be required to 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
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to Contractor.
17.0 BINDING EFFECT.
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
aSSIgns.
18.0 AUTHORITY.
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
19.0 COVENANT OF NO INTEREST. 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 Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
20.0 CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's County; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
6
Temporary Ferry Service Between the City of Marathon and Pigeon Key
21.0 NO SOLICIT A TION/P A YMENT. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
22.0 PUBLIC ACCESS. The County and Contractor shall allow and permit reasonable access
to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the right
to unilaterally cancel this Agreement upon violation of this provision by Contractor.
23.0 NON-WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
24.0 PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees ofthe County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
25.0 LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereofby any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
26.0 NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
7
Temporary Ferry Service Between the City of Marathon and Pigeon Key
27.0 ATTESTATIONS. Contractor agrees to execute such documents as the County may
reasonably require, including an Ethics Statement, and a Drug-Free Workplace Statement.
28.0 PUBLIC ENTITIES CRIMES.
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 of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
By signing this Agreement, the Contractor represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit, that it or any sub consultant has committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been formally charged with
committing an act defined as a "public entity crime" regardless of the amount of money involved
or whether Contractor has been placed on the convicted vendor list.
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 NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and 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.
30.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
31.0 SECTION HEADINGS. 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.
8
Temporary Ferry Service Between the City of Marathon and Pigeon Key
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
Deputy Clerk
By:
Mayor/Chainnan
(SEAL) k ~
~e~~ vwt r "
WITNESS
By:
;tds1Jl}~J'-
Title:
Title:
9
EXHIBIT A
SCOPE OF SERVICES AND COST
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 staffing, vessels,
and associated equipment and services necessary to operate the service.
1. Passenger Transport
The Contractor shall provide for the safe, 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 lOAM and 4 PM at
headways no greater than 90 minutes supplying a functional capacity of 22
passengers per 90 minute interval in each direction plus two additional round trips
operated within 90 minutes before and after the hours of lOAM and 4 PM for
staff access.
a. 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 persons per group. Contractor will move the entire educational group
at one time using several vessels if required. 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 possible. The cost for additional
vessels to move educational groups that cannot be accommodated in the
regularly scheduled service will be paid separately at a cost of $150 per round
trip, 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 of 50 persons on one day. Contractor will provide service to Pigeon Key
on a 90 minute fixed schedule between lOam and 4 pm daily.
c. Guest House Use
The Foundation provides overnight use of the Guest House on Pigeon Key on
a 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. The
contractor will operate two additional round trips operated within 90 minutes
before and after the hours of lOam and 4 pm for staff access. Foundation staff
will not be charged a user fee for ferry service.
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.
a. Consumables
Foundation operations require regular delivery of diesel and propane fuel,
food, and other consumables to Pigeon Key and the removal of trash, garbage
and other rubbish to Marathon on a regular basis.
All fuel, food and consumables will be delivered to the landing facility in
Marathon for delivery to Pigeon Key by the Contractor.
The Contractor will transport diesel fuel to Pigeon Key and provide
equipment necessary to safely offload fuel to the mobile tank on the island.
The mobile tank must remain on the island and will not be moved onto the
dock during fueling operations. Fuel transport and offloading will be
performed in compliance with all local, state and federal laws.
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 pick up by a refuse hauler at landside facility will be paid by Pigeon
Key is not included in monthly cost.
Fuel, trash, garbage and rubbish will not be transported on the same ferry trip
as passengers. Vessels used to transport garbage and fuel will be appropriately
cleaned prior to reuse for passenger transport.
Exhibit A
Page 2 of6
Monthly fee for transportation of passengers and/or goods from the hours of 10:00 AM
through 4:00 PM, with two additional trips (one before 10:00 am and one after 4:00 pm
to accommodate Foundation staft)
as described in Base Service: $19,781.00 per month
Based on $650.32 per day for 365 days per year
Additional trips as needed for educational groups
Up to 84 round trips per contract period
(30 days notice required for additional trips)
$150.00 per round trip
Contractor will not impose a user fee for passengers and goods transported as part of the
Base Service.
ADDITIONAL SERVICES
Special Equipment Transport
As directed by the County, the Contractor will provide for transport of bobcats and
backhoes (1,700 Ibs) to repair island facilities during post-hurricane event periods.
Equipment Transport Cost:
$2,000.00 per occurrence
Passenger Transportation-Arts Festival and other Pigeon Key Foundation
Sponsored Events
The Contractor will provide ferry service during the Arts Festival with sufficient
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. The Contractor will employ methods for regulating traffic and
managing crowd control during the Arts Festival, such as timed boarding passes. The
cost associated with passenger transportation for the Arts Festival will be borne
exclusively by Pigeon Key Foundation.
Cost per vessel per day:
$895.00
Goods Transport for Arts Festival and other Pigeon Key Foundation Sponsored
Events
Contractor will provide transportation for other materials needed to support Foundation
activities. Special delivery requirements associated with the Arts Festival may require
delivery of tents, tables, chairs and other similar material and catering supplies on the day
prior to Festival 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.
Cost for Extra Trip: $150 per round trip
Exhibit A
Page 3 of6
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 ifrequired.
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.
Cost: $9.00 per person for each round trip
Goods Transport for Contracted Functions
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, 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: $150 per round trip
OPERATIONAL REQUIREMENTS
The Contractor will perform the scope of services in accordance with the operational
requirements outlined below.
VESSEL REQUIREMENTS
The Contractor will use vessels that are compatible with the landing facilities in the City
of Marathon and existing facilities on Pigeon Key.
All vessels must carry a valid Certificate of Inspection from the United States Coast
Guard and must comply with all safety and accessibility laws, regulations, and
requirements pertaining to the transport of passengers and goods, as applicable to the
intended use of each vessel in the Contractor's operating plan. Proposed vessels are
subject to approval by the County. Vessels must be equipped to safely and efficiently
operate year round in the navigational and weather environment of the Florida Keys,
including, but not limited to, dense fog, high wind, squalls, heavy rain, sea state and
heavy vessel traffic conditions.
The Contractor shall utilize vessels that offer clean, neatly furnished and heated
inside accommodations with clean restroom facilities, good lighting, waste
receptacles, and an audible public address system.
Exhibit A
Page 4 of6
DOCKING FACILITIES
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 Earthmark Knight's Key
LLC's docking facilities at Knights Key. Landing facilities at Knights Key must have
parking for a 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. At a
minimum, this plan shall address docking, vessel operations, passenger and/or goods
boarding and discharge plan, emergency procedures, and a projection for the length of the
contract of the Contractor's capability to maintain the vessels and the crew in a
satisfactory passenger transportation operational condition.
The Contractor shall maintain zero-tolerance policy for drug and alcohol abuse for all
employees directly involved in the provision of services under this agreement. The
Contractor will provide a program of random drug and alcohol testing for the duration of
this agreement consistent with the requirements of the Federal Transit Administration.
PERFORMANCE MEASURES
The Contractor's operating plan shall define a combination of proposed scheduled and
unscheduled trips anticipated to be operated in a typical week for the maintenance of
traffic. A trip transporting passenger(s) may be considered a minor violation of on-time
performance if it either: a) arrives at or departs from Pigeon Key more than 5 minutes late
but less than 10 minutes late; or b) arrives at or departs from Marathon more than 5
minutes late but less than 10 minutes late. All other trips may be considered a minor
violation of on-time performance if it either a) arrives at or departs from Pigeon Key
more than 15 minutes late but less than 30 minutes late; or b) arrives at or departs from
Marathon more than 15 minutes late but less than 30 minutes late. Each trip may be
considered a major violation of on-time performance if its arrival or departure is in excess
of these times up to one hour. Each trip arriving at its destination more than one hour late
may be considered a single incident of a missed trip.
The Contractor shall pay liquidated damages for each instance of violation of on-time
performance or a missed trip identified by the County in accordance with the following
schedule:
· $1,000 per missed trip
Exhibit A
Page 5 of6
· $250 per instance of major lateness
· $50 per instance of minor lateness
· $250 per day per vessel for a violation of the passenger service standards.
Violations include, but are not limited to, untidy vessels, inadequate safety
appliances, an uncomtortable passenger environment, an inaudible or improperly
used public address system, or discourteous crew behavior.
The Contractor shall not be liable for liquidated damages for either late or missed trips in
instances caused by factors strictly beyond the control of the Contractor, such as docking
facility failure, schedule modifications approved by the County, heavy fog, requirements
of the Vessel 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 oflack 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.
REPORTING REQUIREMENTS
The Contractor shall provide detailed daily and monthly reports with accurate
information on the ridership, departure time, and arrival time for each trip. These reports
shall identify any late or missed trips. Reports shall be submitted in a format acceptable
to the County. Daily reports shall be submitted on a weekly basis, at the end of each
week, and monthly reports are due by the 5th day of the following month. At its sole
discretion, the County may require daily reports to be submitted by noon on the following
day.
SUSPENSION OF SERVICE
The Contractor shall suspend all services in the event that the Foundation suspends
activities on a temporary or permanent basis. The County, at its sole discretion, will
determine which days the Foundation is or is not active.
The Contractor shall be compensated only for services actually provides on days
which the 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.
Exhibit A
Page 6 of6
PROPOSAL STATEMENT
TEMPORARY FERRY SERVICE
BETWEEN THE CITY OF MARATHON
AND PIGEON KEY
FROM
PARADISE DIVERS, INC.
38801 OVERSEAS HIGHWAY
BIG PINE KEY, FLORIDA 33043
Telephone: 305-872-1114
Fax: 305-872-5430
Contact: Larry Wright
Cell Phone: 305-923-0684
or
Linda Kruszka
Cell Phone: 305-942-9475
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 24, 2007
GENERAL INFORMATION:
A. Shareholders:
a. Larry Wright, President - 100% shareholder
B. Officers:
a. Larry Wright - PresidentlTreasurer
b. Linda Kruszka - Vice President/Secretary
C. Length of Operation:
a. This corporation has been in operation beginning on February 4, 1997.
The services required in this RFP are the same services that have been
performed by this corporation on a daily basis since inception.
D. This operation has operated under the name of Paradise Divers, Inc. since
inception, February 4, 1997. This entity and operation has not operated under any
prior names.
E. No officer or shareholder has failed to perform services similar to those sought in
this bid, at any time during the operation of Paradise Divers, Inc. No officer or
shareholder works with any other entity that provides these types of services.
Paradise Divers, it's officers and shareholders have always provided the services
for which it was contracted.
F. Customer References:
a. Pigeon Key Foundation - see attached letter of recommendation
b. Cloverleaf Local Schools
Contact: Dr. Bruce Hulme
8525 Friendsville Road
Lodi,OH 44254
330-721-3502 - phone
c. Sidwell Friends School
Contact: Aaron Marine
3825 Wisconsin Avenue NW
Washington, DC 20016-2999
386-299-2258 - phone
d. Sandy Springs School
Contact: John Fuller
2248 Wintergarden Way
240-271-3547 - phone
301-924-1115 - fax
e. Florida Fish and Wildlife Department
Contact: Rich Abrams
850-488-6058, ext 228
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 24, 2007
GENERAL INFORMATION - Page 2
G. Credit References:
a. A Plus Marine Supply, Inc.
145 San Remo Drive
Islamorada, Florida 33036
305-664-5194
b. Bare Sportswear Corporation
1755 Grant Avenue
Blaine, W A 98230
604-533-7848
c. J & S Services, Inc.
P.O. Box 640
Tavernier, Florida
Juan Bonachea, Jr.
305-394-1259
d. Financial Statements attached
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 24, 2007
Additional Reference:
Mr. Michael Lumpkin can be reached at 727-776-0602.
Ms. Sherri Ritz can be reached at 305-731-9045
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November 29,2001
To whom it may concern,
In March of 2001 the Pigeoll Key foundation selected Paradise Divers as the exclusive
vendor for the foundations snorkel trip needs. In working directly with their staff and crew I have
made the following observations I heir level of professionalism in unparalleled The captains and
crew deliver the highest quality programs to our guests At/entloll to safety issues is extraordinary
I have received hundreds of complen lents from guests who were also impressed with the servIce
they received on board Paradise !JIVe,S boats.
In 2001 Paradise Divers delivered over 3,000 snorkel tllpS to Pigeon Key guests I am
very confident that number WIll inCl ease by 10% If) 2002. Please fell free to contact me directly
With any questions
Sincerely, .;:1 .' /
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M,ke Lumpkin /
Serllor Program Director
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Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
RELEVANT EXPERIENCE:
Paradise Divers has transported persons and equipment over the water since its inception.
Transportation of people and equipment from its dock to a dive or snorkel location and
return is a daily function of the business. Thousands of people have been moved in this
manner since 1997 from Paradise Divers dock. We travel both the Ocean side and Gulf
side of the local waters. All of our captains and crew are extremely familiar and
knowledgeable about the local waters, safety of the passengers, safety of the vessel,
weather forecasts, and keeping to a time schedule. Our captains have been previously
employed by water taxi companies bringing with them the experience of moving people
and goods to and from boats and docks. All of our crew are personable, good with
people, accommodating, extremely safety conscious, experienced boat handlers, and are
schedule efficient.
Both of our vessels are United States Coast Guard inspected and Paradise Diver IV is
also documented. All safety equipment required by the U.S. Coast Guard is met or
exceeded on each vessel. Both Larry Wright and Linda Kruszka of Paradise Divers have
worked closely with the Executive Directors of Pigeon Key, Kathy Wiljanen, Michael
Lumpkin, Sherri Ritz, MaIjorie Mearns, and the current Executive Director, Jess Shows,
providing water transportation. for Pigeon Key for the past six years. We have moved
thousands of passengers to and from Pigeon Key in this time period. There were many
instances of schedule changes, emergency trips, personnel issues, and weather issues, for
which we always responded and accomplished the necessary trip.
PAST PERFORMANCE ON SIMILAR PROJECTS:
In addition, we have been contracted by Pigeon Key Foundation to move people between
its dock at the Island and its dock behind the "Train" for the art festival. Paradise Divers
has been the principle organizer of this ferry service for Pigeon Key for the past four
years of the art festival's history. Larry Wright and Linda Kruszka of Paradise Divers
have worked closely with the past four Directors of Pigeon Key to provide the required
boats to efficiently move passengers from the "Train" to the Island and return. This
includes not only organizing the different boats, but their arrival and departure times,
timing between boats, communication between boats and captains, moving up schedules
if there are people waiting, judiciously setting up boat routes, monitoring the weather,
seas, and wind, adjusting the schedules and routes as necessary to accommodate the
transportation of passengers safely and efficiently. The result is an effective method of
transporting of people and property. The boats have moved up to 800 persons per day for
the two day Art Festival. The Art Festival opened at 10:00 A.M and closed at 5:00 P.M.
We had the boats in line, organized, and ready for the first passengers shortly before
opening so the first group of passengers were at the Island at 10:00 A.M. The last group
of passengers to leave the Island was on the boats and headed back to the "Train" dock
by 5:15 P.M.
Page 1
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
PAST PERFORMANCE ON SIMILAR PROJECTS: (cont'd)
Paradise Divers is also the provider of snorkeling trips for Pigeon Key F oundation. We
pick up passengers at the Island, take them to the reef to snorkel, and return them to their
dock. This is completed on a schedule. We have moved 88 people per day in this
manner, on time, efficiently, on schedule, and with positive feedback. We are
accustomed to moving these larger numbers of people efficiently and timely.
Often groups come to our location, we take them snorkeling, return them to a second
location, such as Bahia Honda State Park for an afternoon at the beach, all on a timed
schedule. Groups such as Sea World, National Audubon Society, Fish and Wildlife, and
World Strides have all used our services.
The old Seven Mile Bridge has been closed for inspection several times during the past
several years. During those periods where vehicular traffic was not allowed, Pigeon Key
contracted with Paradise Divers to move its guests, employees, luggage, supplies, and
any materials to and from the Island. This service was performed efficiently on a daily
basis while the Bridge was closed.
Besides providing the transportation of persons and goods between the "Train" dock and
the Pigeon Key Island dock for the Art Festival and for the periods in which the Bridge
was closed, Paradise Divers already has the knowledge, experience, boats, and crew in
place to immediately begin providing this ferry service. No familiarization time would
be required. We can begin service immediately. Both of our boats currently carry
passengers and their equipment on a regular basis. All of our captains have a minimum
of a 100 Ton U.S. Coast Guard License. All of our captains are also Professional
Association of Dive Instructors certified scuba diving instructors, first aid certified,
oxygen provider certified, and are rescue divers. Our first mates are certified dive
masters with extensive rescue, first aid, and oxygen experience. Copies of U. S Coast
Guard Captain's Licenses are attached.
Larry Wright, the President of Paradise Divers, is a scuba trimix instructor-trainer, which
is one of the highest ratings in the industry. He has worked on the local waters for the
past 17 years. Prior to starting and opening Paradise Divers, he worked for several other
boat operations in the local area including Underseas, and the vessel "Playmate" owned
by Robert DeMaro. His boat experience and responsibilities includes the safe operation
of vessels and passengers. Larry Wright has implemented and set up procedures for
daily routine inspection and maintenance of the vessels. He has expanded his
maintenance knowledge by taking courses at Florida Key Community College in diesel
engine repair. These procedures minimize mechanical issues. With the availability of
two vesssels one can be scheduled for maintenance and the other is in operation. For
example, we currently have one vessel scheduled for out of water U.S. Coast Guard
inspection in year 1 and the other vessel the following year. In this manner, we always
have at least one vessel in operation. He also is currently the Boat and Dive Safety
Page 2
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
PAST PERFORMANCE ON SIMaAR PROJECTS: (cont'd)
Officer at Dynasty Marine, Inc. of Marathon, Florida. His responsibilities include
preparing, maintaining and procuring the safety equipment required and deemed
necessary to safely operate the vessels for both Paradise Divers and Dynasty Marine. He
designed the Pre-Trip Boat Checklist to document and structure the preparation of the
vessel prior to a trip. He has also designed the Post-Trip Boat Checklist to examine and
inspect the vessel in order to effect preventative maintenance procedures. A detailed
inspection pre and post trip creates a safe environment and dependability. In addition, he
brings a determination to provide the best service possible, with the safest conditions, and
reliability. He has a unique ability to effectively communicate with clients and guests,
who find him personable, friendly, reliable, and he is able to make each person feel like
they are a special friend. This is one reason why Paradise Divers has so many repeat and
word of mouth clients.
Linda Kruszka has many instructor certifications including dive instructor, trimix
supervisor, First Aid, CPR, and Oxygen Provider Instructor. She also has a Bachelor's of
Science degree in accounting and management. She also holds a 100 Ton U. S. Coast
Guard Captain's License. She coordinates the boat schedules, discusses customer's
requests, requirements, and needs, and effectively keeps the operation in motion. She
maintains the books and records of the corporation, overseas the maintenance of the
ship's logs, maintenance reports, purchasing, and most other administrative duties. She
can effectively manage the operations, as well as perform the duties required. She has
worked for 20 years for the State of New York as an auditor for the Department of Tax
and Finance. In addition, she has worked for Cruz Morato and Associates, Certified
Public Accountants, Marathon, Florida for the past six years. A combination of duties of
managing Paradise Divers and accounting functions requires the ability to efficiently
manage time, plan schedules, and manage operations by being able to prepare a plan,
implement the plan, hire effective personnel, supervise, analyze, and review operations.
The combined talents and skills of both Larry Wright and Linda Kruszka create a unique
skill set that allows Paradise Divers to not only offer the best service, but be able to
perform above industry standards and keep a timely schedule while maintaining above
average safety policies.
LITIGATION:
Paradise Divers Inc has never failed to complete work or provide services for which it
has been contracted.
Paradise Divers has never been a party to a lawsuit with regard to services rendered.
Paradise Divers has never initiated litigation nor been sued by the County.
Page 3
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
DESCRIPTION OF SERVICES TO BE PROVIDED:
Operating Plan: Passenger transportation to be provided between the "Train" dock at
Knight's Key (owned by Earthmark Knight's Key, LLC) and the Pigeon Key dock at the
Island. Since we have performed these exact services in the past, the routes between the
two docks are very well known. Depending on wind and seas, there is a route available
on the North side of the 7 Mile Bridge and a separate route available on the South side of
the new 7 Mile Bridge. The route that would be preferable is the one on the lee side of
the wind and seas. We always accommodate our passengers for their comfort and safety
first and would choose the best route for the conditions. Both of the existing vessels of
Paradise Divers, Inc are U.S. Coast Guard certified to carry 22 passengers, plus two crew.
The two mile trip between the two docks is a 15 to 20 minute travel time. Therefore,
each boat can carry 44 passengers per hour in both directions. This is a total capacity of
88 passengers per hour in both directions for these two boats. Additional boats would be
made available for larger groups. These boats would be sub-contracted by Paradise
Divers and would be U.S. Coast Guard inspected.
Passengers are required to sign a liability release form prior to departure of the vessel
from the dock. This form then also acts as a manifest, as per U. S. Coast Guard
regulations showing the names of the passengers, the number of passengers, the name of
the vessel, the name of the Master, the name of the crew member, and the time of day of
the trip. During this phase of the trip, the Master will brief all of the passengers of the
safety equipment location and usage, as required by the U.S. Coast Guard. There is also
a Ship's Log that is maintained with the initial Pre-Trip Procedures check list, the number
of passengers, the weather conditions, the route of the vessel, the number of trips per day,
and the Post Trip Procedure information.
Paradise Diver IV and Paradise SeaDiver are both 30 foot Island Hopper U.S. Coast
Guard certified vessels. Both have roofs and front enclosures. Both have seat benches
along both sides and across the front. Both vessels have already transported passengers
to and from the "Train" dock to the Pigeon Key Island dock and return and therefore have
the ability and capacity to use these landing facilities. Both vessels currently transport
passengers, snorkelers, and divers. Both vessels are kept clean, neatly furnished, have
waste receptacles, and will be maintained in a professional manner. Crew will wear a
standard neat uniform. Both vessels have a draft that will not harm the passageway into
the Pigeon Key dock. The depth of the water in that part of the route can be as shallow as
3 feet and as deep as 6 feet, depending on the tide. An average depth is 4 feet. A deeper
draft vessel would continually stir up the bottom and harm the aquatic life. This should
be an enviromnental consideration, especially since Pigeon Key Foundation is a marine
science educational facility.
Regarding the transportation of educational groups, their arrival and departure schedules
and transportation needs are already currently in our plans and performance. We
coordinate on a daily basis with the Pigeon Key staff to determine arrival times of the
groups, and the planned departure times depending on their schedules and activities. This
Page 4
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
DESCRIPTION OF SERVICES TO BE PROVIDED: (cont'd)
is already a part of our operational procedures. Transporting these groups at hours other
than during school hours is not an issue.
Historic Tour participants average less than 10 passengers per tour. This is documented.
During unusually busy times the participation may be higher, but this is manageable and
infrequent. The Pigeon Key tour guide would ride along on the boat and be able to begin
their informational speech upon leaving the dock. Their presentation can start sooner
than it does now. Presently, the tour guide has to drive the train and can not talk with the
guests. By using our vessels, they can begin their presentation of the history of the bridge
and the island sooner and give their guests more attention.
The Art Festival transportation days have historically been a Friday night cocktail party,
with Saturday and Sunday for visitors to the Art Festival. These three days would require
two additional vessels that have historically been sub contracted by Pigeon Key. Paradise
Divers has arranged for the sub contract of the additional vessels in the past and do not
see any difference or issue in continuing in this manner. In the past, four vessels have
been utilized to transport passengers to and from the "Train" dock to the Island dock.
Since there will be no vans or train running, jt is at the discretion of Paradise Divers to
sub contract an additional two vessels for these two days. The cost of the vessels utilized
for the Art Festival has been historically borne by Pigeon Key. Therefore, the
transporting of passengers for the Art Festival is an additional charge directly to the
Foundation. Pigeon Key has always paid separately for the Art Festival Transportation.
This cost is included in the budget for the Art Festival, which is presented to the Tourist
Development Council when Pigeon Key applies for those funds. Therefore, the cost of a
minimum of four (4) vessels to transport passengers during the Art Festival would be
billed to Pigeon Key Foundation. The visitors pay the Pigeon Key staff for the entrance
cost to the Art Festival, the visitor is given a boarding pass, the visitor then proceeds to
the dock where the boarding pass is presented and collected, the liability form/manifest is
signed, and the visitor then proceeds to the vessel, where they are met by the crew. The
admittance fee to the Art Festival is the majority of the Foundation's revenue source from
this function. If this revenue source is taken away from the Foundation, it would
seriously impact the profitability of the Art Festival as a fund raiser. Therefore, it is in
the best interest of the Foundation to continue to pay for the four vessels from the Art
Festival proceeds and not from this RFP's funding. We propose that this particular
function be managed in the same way as it has been in the past as described above.
Contracted Functions and Guest House reservations that have been accepted by Pigeon
Key are planned in advance. The group that is utilizing the Island has a planned arrival
date, arrival time, length of stay, departure date, and departure time. These groups can be
integrated into th~ daily transportation schedule. Most groups, no matter what their
purpose, will have prearranged reservations to use the Island, length of stay, number of .
nights, days, meals, activities, etc. already in place. We have always had a good
communications system with the Pigeon Key staff and coordinate our transportation and
services with the reservations and requirements of the group that has reserved the Island.
Page 5
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
DESCRIPTION OF SERVICES TO BE PROVIDED: (cont'd)
Depending on the schedule approved by Pigeon Key, these groups can be integrated
during the base service hours of lOAM and 4 PM. Much of the smooth operation of the
transportation of guests will be predetermined by the Pigeon Key staff and their
reservations system, communication with their guests, and the time frames determined by
the reservation. Paradise Divers will always be as accommodating as possible within
reasonable terms to transport passengers to and from the Pigeon Key dock. Pigeon Key
would be required to make every effort for passengers to be transported to and from the
Island during the times of lOAM and 4PM.
Goods Transportation for consumables can be accomplished either prior to lOAM or
after 4 PM. Items such as food and other supplies can be transported when passengers
are not present on the vessel during the lOAM to 4 PM time schedule. In our experience,
on a daily basis, there will not be passengers on every available trip time during the
operating day. During these times, we would consolidate our trips by transporting non
hazardous goods and supplies.
Items such as diesel fuel, propane fuel, and the removal of rubbish would be done after
4PM. These would be the last trips of the operating day. Paradise Divers already has in
place an Emergency Spill Contingency Plan, which is required by the Department of
Transportation, utilizing SWS Environmental First Response Company. In accordance
with our Post Trip Boat Procedures, the vessel is washed, scrubbed, and disinfected each
night. This procedure is required. We do this after each trip on our vessels, and therefore
is already an established procedure.
Equipment to transport diesel fuel from the "Train" dock at Knight's Key to the portable
diesel fuel tank located on Pigeon Key would be provided. Fuel would be transported at
the end of the day. We can arrange for fuel delivery at the "Train" dock after 4PM,
deliver to the Island and transfer the fuel to the portable diesel tank located on four
wheels on Pigeon Key. The mobile diesel tank is part of the Pigeon Key equipment and
can be used to transport the fuel from the boat to the permanent storage tank at the end of
the day. This portable diesel tank is on four wheels, is currently easily moved by the
lawnmower or pickup truck, and has a pump which pumps the diesel into the main tank.
On the return trip to the "Train" dock, we can haul garbage. In order to eliminate
duplicate expenses, we would utilize a dumpster at the Pigeon Key "Train". This has
already been discussed with the Earthmark representative. This dumpster would be
sufficient to hold the trash from the Island based on a weekly or bi-weekly pick up
schedule. The schedule to empty the dumpster would be administered by Paradise
Divers staff on behalf of Pigeon Key Foundation. The monthly cost of the dumpster and
dump fees would be paid directly to Marathon Garbage Service by Pigeon Key. By
hauling diesel or propane to the Island and garbage away from the Island in one round
trip, consolidates our trips and makes the utilization of the vessels more efficient. The
boats then are cleaned, disinfected, and a post trip inspection is completed. They are
ready for the next morning, or any emergency trip that is needed.
Page 6
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
DESCRIPTION OF SERVICES TO BE PROVIDED: (cont'd)
Delivery of other materials such as tents, tables, chairs, and other similar materials and
catering supplies can be accomplished using our vessels. Scheduling delivery of these
goods has to be planned in advance, integrated with the daily activities of the Island using
effective communications and scheduling. These goods would be delivered to the
"Train" dock, unloaded from the vehicle and loaded onto our vessels. The goods would
be delivered to the Pigeon Key Island dock, and offloaded at the dock. Pigeon Key staff
would be responsible for the goods or products upon reaching either dock.
Foundation staff transportation can be accommodated on any trip that is being performed
at no charge. Educational groups can be accommodated at no charge for transportation to
the Island and return. Every effort should be made by Pigeon Key Foundation to move
these groups during the regular schedule of lOAM to 4PM.
The Island is a minimum of 20 minutes from the nearest dock by vessel. There is
currently a small un-inspected vessel docked at the Pigeon Key Island dock. The staff
can be trained to run, navigate, and evacuate the Island in case of emergency. This plan
is currently being put into effect by the current executive director. The current director
has already had his staff CPR certified. In an emergency, like anywhere else in the
Florida Keys there would be air evacuation available, as well as with Florida Fish and
Wildlife, Florida Marine Patrol, and the U.S. Coast Guard. In addition, currently when
Paradise Divers presents the safety briefing of the vessel, we also include a statement of
medical issues. If any passenger has a medical condition that may be an issue while on
our vessel, they are encouraged to discuss it privately with the Master and/or
crewmember. For example, an asthmatic would let the Master and/or crewmember know
where their inhaler is located. Guests who stay on Pigeon Key complete liability
releases. It would be a small matter to incorporate a medical form, such as a
professionally recognized organization like the Professional Association of Dive
Instructors utilizes to inform the Foundation staff of any possible issue. Implementing
this type of procedure would eliminate most medical emergency situations. For an
emergency evacuation, we would have an on call person. We currently have these
contacts for our business security system in place. Our personnel would proceed to the
boat, with an approximate 25 minutes travel time, then a 15 -20 minute trip from the dock
at Knight's Key or our home port of Sunshine Key. Emergency medical personnel can
meet us at either dock and accompany the boat to Pigeon Key to have immediate
professional medical assistance. In addition, our boats carry first aid kits and oxygen on
every trip.
Paradise Divers currently owns both of the vessels as described above and can implement
this plan on schedule. Our vessels are U. S. Coast Guard certified and inspected. Their
intended use is on the Atlantic and Gulf waters of the Florida Keys. We are in
compliance with all laws, statutes, and requirements during the operation of these vessels.
In accordance with those requirements, we reserve the right to suspend or postpone
operations during Small Craft Advisories, Small Craft Warnings, Tropical Storm
Page 7
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
DESCRIPTION OF SERVICES TO BE PROVIDED: (cont'd)
Advisories or Warnings, Hurricane Warnings, or other unsafe operating conditions, as
issued by the National Oceanographic and Atmospheric Administration or other marine
safety organization. We constantly monitor these broadcasts and follow the
recommended safety advisories and warnings that are issued. In addition, if in our
opinion with our experience and expertise, there are dangerous sea states in which a
reasonable and prudent person would not run passengers or goods, we retain the right and
privilege to suspend or postpone transportation activities. In these instances, there will be
no damages (monetary or otherwise) liable by Paradise Divers. In addition, if a trip
transporting passengers is late, by any amount of time, due to the late arrival of a
passenger, a delivery of goods, any guest of the Island, or a delay caused by any Pigeon
Key staff, including a delay caused by weather or other conditions beyond our control,
there will be no damages liable by Paradise Divers. Paradise Divers will make every
reasonable effort to maintain safe on-time schedules and performance.
Docking facilities at the Pigeon Key Island dock are sufficient for our operation. We
would modify the dock by adding bumpers between the vessel and the dock, for safety.
The dock at the Pigeon Key "Train" would also be modified by adding bumpers between
the vessel and the dock, for safety. Additional cleats could be added with permanent
lines. Our boats can currently land at both docks, so any additional modifications would
not be necessary.
Paradise Divers, Inc. has for the past ten years, and currently has in place a zero tolerance
drug testing program. All crewmembers are currently enrolled in this program and are
randomly required to be drug tested. This established drug testing program is
administered by Employee Information Services of Denver, Colorado.
It is anticipated that there would be very few trips not able to be run between lOAM and
4PM. Having the detailed familiarity with the Foundation, its organization, educational
groups, staff, and procedures it is estimated that both passengers and goods could be
carried between the normal operating times of lOAM through 4PM. On most days, there
are no Historic Tour groups at the very end of the day. When this is the case, hard goods
can be transported to the Island, trash removed from the Island, and the boat washed,
cleaned, disinfected, and made ready for the following morning.
The parking facilities at the Pigeon Key "Train" are sufficient for the daily activities.
There are a minimum of 15 parking places, plus use of the historical parking across the
street. This facility is sufficient for our purposes. This issue has already been discussed
with the Earthmark representative. For larger groups, Pigeon Key already has to make
special arrangements for that type of parking (buses, multiple vans, automobiles, etc), and
they would continue to be liable to make parking available to their guests. For example,
Pigeon Key Foundation already negotiates with Earthmark for parking for the Art
Festival. Parking Fees are again a part of the revenue stream for the Art Festival and it is
suggested that this revenue not be taken away from Pigeon Key Foundation, but that they
continue to make arrangements for parking for this event.
Page 8
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
DESCRIPTION OF SERVICES TO BE PROVIDED: (cont'd)
In addition, the Foundation is in the process of adding additional event functions to its
calendar. It is recommended that the budget for these functions include the cost of
transporting their attendants which adds that revenue directly to Pigeon Key Foundation.
The cost of the transportation would be less than the "admittance or entrance fee" as is
the case for the Art Festival. This provides additional revenue to Pigeon Key and relieves
the Department of Transportation of this cost. This is not something that would be a new
procedure, as outlined above (discussion of the Art Festival).
Special Equipment, such as a bobcat or small backhoe, which may be needed by Pigeon
Key Foundation in the event of post-hurricane repairs, can be transported by a sub-
contracted barge. The cost of the mobilization is included below. The cost of the daily
rental of equipment is not included as part of this RFP. This mobilization is only to be
required as part of a post-hurricane event which caused material damage to the Island
facilities. Mobilization of equipment that is required for non post-hurricane repairs or
any other requirement of Pigeon Key would be at the sole cost of Pigeon Key. In other
words, Pigeon Key would bear the entire cost of transporting and renting equipment in
the event of a non post-hurricane requirement. Paradise Divers would be happy to assist
in the arrangement of contracting for this service and has the contacts to be able to assist
Pigeon Key.
Note: In the event of Knight's Key LLC restructuring or rebuilding their facility, there is
a second dock and venue close, within one mile of the Pigeon Key Train Visitor's Center,
that can be used as an alternate dockage site. The parking and other requirements would
not appreciably change from the above proposal.
Page 9
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
EXHIBIT A
Monthly Fee for Transportation of Passengers and/or Goods from the hours of
8:30 AM through 4:30 PM for all vessels $ 19,781.00 per month
Except for the Art Festival or other functions as noted.
Based on $650.32 per day for 365 days per year divided by 12 months per year.
Additional Passenger or Goods Transportation Cost
Prior to 8:30AM and after 5:30 PM $ 450.00 per month
It is anticipated that there may be three additional trips needed per month for an annual
cost of $5,400.00.
Total Cost to the Department of Transportation per annum $242,772.00
This is assuming no hurricane mobilizations required.
Post Hurricane Mobilization $ 2,000.00 per occurrence
Estimated at 3 mobilizations per year for a possible total cost of $6,000.00 per calendar
year.
Total cost to the Department of Transportation per annum $248,772.00
This is a contingency amount in the event of three hurricanes per year, based on a
calendar year. If any of these funds are not utilized by the end of each contract period,
the funds may be requisitioned by Paradise Divers based on additional trips and or costs
not anticipated.
Passenger Transportation Cost
For Art Festival and other Events $ 895.00 per day per boat
This is not part of the cost to the Department of Transportation or Monroe County, but a
sole cost to Pigeon Key as outlined above.
Adult historic tour passengers are currently charged a fee of $11.00 per person for a
round trip tour by Pigeon Key. These fees would continue to be collected by Pigeon Key
for their revenue.
Other groups, such as retreats, church groups, environmental groups, scientists,
weddings, private parties, family vacationers, would be charged a fee of $9.00 per person
by Paradise Divers, Inc. for each round trip. This fee would be in addition to the fee
charged by Pigeon Key and added to the group charge. A 30 day notice would be
required for these groups. We can and will bill these groups separately, in advance, when
advised by Pigeon Key of the reservation that was made. These trips and groups would
bear the sole cost of these trips. There is no effect to the Department of Transportation
budget with regards to the transportation provided for these groups.
Page 10
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between the City of Marathon and Pigeon Key
June 25, 2007
Expenses:
Boat Fuel
Wages & Payroll Taxes
Insurances
Repairs & Maintenance
Supplies
Dockage, Electric, Water
Boat Oils & Fluids
Office Supplies, Reports
Communication, Telephone
Small Tools & Equipment
Profit
Total Monthly Expenses
Monthly Exvenses
$ 3,672.00
11,832.00
1,240.00
620.00
620.00
450.00
31. 00
155.00
46.50
209.00
1.355.50
$20,231.00
Annual Expenses
$ 44,064.00
141,984.00
14,880.00
7,440.00
7,440.00
5,400.00
372.00
1,860.00
558.00
2,508.00
16.266.00
$242,772.00
Post Hurricane Mobilization (Budgeted)
Annual Expenses
Annual Revenue:
FDOT Grant
Net Excess
Page 11
6,000.00
$248,772.00
$250.000.00
$ 1.228.00
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION FOUR: RESPONSE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
clo PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I have read the RFP and all exhibits hereto, and agree to the terms and conditions set forth.
I acknowledge receipt of Addenda No.(s)
I have responded to all of the information requested in Sec tion 1.10 Content of Submission
o Cover Page ..,/
o Relevant Experience /,/"
o Services to be P rovide? ~
o Costs and R~nue ~
o Litigation _
I have included:
o Lobbying and Conflict ofjPterest Clause ~
o Non-Collusion Affidavit
o Drug Free Workplace Form ../ ./'
o Respondent's Insurance and Inde9'lnification Statement_
o Insurance Agent's Statement ~
o Professional and Occ upational Licenses V
I have included a current copy of the following professional and occupational licenses:
f'~./r;ln.sj'(t'IJ.Jf?S, J t1Wl,/JplD'J4/ LC~I7.JteJ (!;rutlJ/lJJtle~ lirt?/ne /Jr1lM-!ff C/n:f
Ibr,1d.&' kfJ,ver
(Check mark items above. as a reminder that they are included.)
Mailing Address: <1f/tJl J/I'l!rJet7J ~1 TelePhone:J~5J'7;)/J;Y
A:; ARe ~7 f:'L 3&:PI..1 Fax&Sf7.JS'.tJo
if . u- . ~ Datt::t,:l~/
Signed: ~ t./~ Witness: # )jj___
i4 r ILJr hi (Seal)
r;tme) [j
J1.~rJd-~ :t
(Title)
27
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
fJarllrhse /JJlJerS In{.
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee".
STATE OF:
F/brlcb.
f/k;nro~
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by Lorr,! UJr/(/h t
~o me gr !:lee p, oduced
identification. (type of identification)
.::fan~ 02S.~~OJ
(name of affiant). He/She i~
as
Ilwd!!!~
My commiss~es: lJh&t.dJII.1ERl:ISl.I6\
.... * MY COf.lMISSIOH, DO 559637
~ "" EXPIRES: Jooe 4, 2010
-1J't Of F\.<:1-fl BoIwJed Thni Budget HoIary Servlce8
29
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
NON-COLLUSION AFFIDAVIT
1. I am
of the city of
oath, and under penalty of perju
j)(f.JJrknt
of the firm'of ;JprdJMt' j)JIJ/lfJ k_
the bidder making the Proposal for the project described in the Request for
gualificationstr: A I .. /J 1/.
~~ra~ rl}'JerVlte ~1UKt'n /lhrdJ/AOlJ4YJd 1J~/) r>t'j-
an that I xecute the said proposal with full authority to do so,
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bi d have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor;
4. No attempt has been made or will be made b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting com petition; and
5. The statements co ntained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
cont . ed in this affidavit in awarding contracts for said project.
~ ~M~~W
(Date)
STATE OF:
rlortcIA
flJP/J11Je
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
"-/;-
who, after first being sworn by me, (name of individual signing) affixed his/her signa ure in the
space provided above on this c1S day of :!"flf 20t:JtlJJ
NO&(!!~
!)~~l\:.~~t- UNDAJ.U. KRUSZKA
My Commission EXP~~N'." NYCOMWSSlONtOO569&37
<< EXPIRES: Jooe 4, 2010
"'I' ~~ Bonded TllIII Budgelllotlly SeNiC8I
"frE Of f\.0I'
30
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
DRUG-FREE WORKPLACE FORM
The undersigned vend
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
if
espo
.JuM ~s. ;l~C)J
Date
~fit!J~
:I.,.aYPu..
<il ......."'t> lIN>AJ.M. KFIUSZKA
My Commission Expires: .... * MYCOMt.lISSlQHIDD5!iAA.17
~ ~ EXPIRES: Jooe 4, 2010
-1 r~ OF f'.# 8000ed Thru Budget NoIaIy Serrices
31
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Respondent's Insurance and Indemnification Statement
Required Coveraee
Worker's Compensation
Employers' Liability Insurance
Required Limits
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$1,000,000 combined single limit
Employee Dishonesty Coverage
(Required only if the respondent collects
a fee on behalf ofthe County and is obligated
to pass these funds on to the County)
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only if respondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
Pollution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements.
jt)rr~ j()/lqJJi
Responde 61
6~41-
32
JUN-13-~7 ~:~ From:CM&A560CIATES
3057437044
To: 3054773858
P.3/3
RFP For Temporory Ferry Service Retween tile City of ManJlhon HOd PiJ(CUn Key
IN$URANCE!! AGENT'S STATEMENT
I have reviewed the above requirements with the bidder os med below. The foHowlng
deductIbIea apply to the c::orre$pOOdlng policy .
POLICY
~w) ~~~~~
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Uabilily poIiciee.. ~00cutreRce
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Inaurance Agerw:f
DEDUCT.BlES
~ \. ()t)O
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-s. z. vc:o / ~ ~I CU;I v..J'~
Slgnatute
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'~UJlJi1tin.j)Jt~4~lJ11fllJ_
ENrX)R5H1E:Nf AT TESllNGIIft: b~jlJE Of A CERlIFICATE UNDER TIlE PROVISIONS OF THE
INTERNATIONAL CONVENTION ON STANlJAr<nS OF TRAINING, CERTIFICATION AND WATCHKEEPING
f()f{ SIAFARERS, 1978, AS AMENDED.
llle Go\€rnment of the United Slates of ^fllelica c(JIlifies that Certificates No 1115411 & 050640 haw been issued to
Philip J. Pokorski, who has been found duly qualified in accordance with the pro'.1sions of regulation(s) IV3 & VV2 of
the abo\e Con\€nlion, to seM in the capacity or r.apilcities listed below, subject to any limitations Indicated until 27
September 2010. llIis endorsement is not valid unless accompanied by a valid U.S. Merchant Marine(s licerise or
document.
rHJNCTIONl LEVEL LIMITATIONS APPLYING (IF ANY)
C-=_-=-_~=I ..-------- ---------------~----_ ----------___n .
The lawfllllH .Ider of this t'IHI()[ SelllCllt III a y ~l'l \ e ill lhe following capacit)' or capacities specified.
~---~--- -,~~,--- --~____m _~'+_.,.___,_._ _____M_~____.____
CAPACITY LlJ\IITATIONS APPLYING (IF ANY)
--- --------------~__~._. _T_.~__
Master
Umltdd tu venels of not more Ulan 200 Gross Registered Toos (Domestic Tonnage). 500 Oro"
Toos (Ile TOll/1.,\Jtl).
Valid tvr 1\6111 coual.J1 voyages orlly.
Not Valid rOf IdlV lLe on ARPA ellulppelJ vessels.
Nut Valid tv( sll/vlce on radar-equlpped vessels of 300 gross register lons (domestic tonnage) or
more, 01 I adal-tHllllpptl\j lllllnspecled lowing vessels of a melers (approKlmately 26 re,t) or more In
lengd. atltl,
Valid 00 stoam, flfOtor, or 8U1llllary ull vessels.
Proficient In the lIse ot
sur\llval cral\(L1fuboalman)
Waiver
Medical Waiver: IlclIll1red 10 wear cOffectlve lenses and have a .par. paIr 011 board.
---~------~--,-----~-~- -~"-~--~--- -~
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U.S. Department of .
Homeland Security ,
United States
Coast Guard
ENDORSEMENT TO LICENSE
Serial No.
1020720
I.aue No.
1
MARY TERESA O'CONNELL
DATE: 17-FEB-2006
SSN 558829479
~
J
ALSO, MAS'I'EH. OF STEAM 01{ MO'l'OH VESSELS OF
GHOSS REG ISTERED TONS (llOMES'l'lC 'I'ONNAGE),
TONNAGE), UPON NEAH COASTAL WA'I'EHS. 'rillS
10, 2007. - - _ _ _ _ _ _ _ _ _ _ _ _ _ _
NOT MORE THAN 200
500 GROSS TONS (ITC
LICENSE EXPIRES APRIL
- -..- ~ __ ~H____.
- - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - -
- - - - - - - - - - - - - - - - - -
------
- - - - - - - - - - - ~~ - ~ -.- - - - - - - ..... - -
- - - - - - - - - - - - - - - - - -
- - - - - - - - -
"- - - - - - - - - - - - - - - - - - - -
- - - -. - -- - - -
- - - - - - -
- - - - - - - - - - ~ -
- - - - - - - -
- - - - - - - - -
- - - - - - - - -. -- ~ - - - -
-----
- - - - - - - - - - - ~ - - - - - - -
--------
- - - - - -
--------
- - - - - - -
- - - - - - -
- - -. - - -
- - - - - - - - -
CHARLESTON, sc
(j)q l \ )'\1'i\){\'Jl\'
L.M. HyMAN, BY DIRECTION
Port
Officer-In-Charge, Harine In.pectlon
DEPT. OF TRANSP., USCG, CG-899 (Hev. 2-92)
FACILlTIE S
OR
MACHINES
TYPE OF
BUSINESS
BUSINESS
ADDRESS
NAME
MA'L1NG
ADDRESS
(]
2006-2007
BLJSltJf~;'; j,~< fj[rfl"l
S1I\1 E O[ r 1 ()f11f JA
N:UJUNT
4l14U-0069~
MONROE
ROOMS
SEATS
["rIFl[S
EMI'UWFfS
u ')
MUST BE DISPIAYF [III! Cfjf.],;PICIY )ll~~ 1'1 .1\(; F
SEf'l. 3U" LOt.
U< f}i t, 4t} I
r ~
1',-
47140 CHARTER FL 6592HK
38801 OVERSEAS HWY
00 - COUNTY OF MONROE
PARADISE DIVERS INC
WRIGHT LARRY
38801 OVERSEAS HWY
BIG PINE KEY FL 33043
AK 1124516
'. \/ .'
R THE'CsEB,pETCWOMHEESN Av.:LA,XOA'JED DAN I SED. H E:. N R I Q U F Z I A X (; () L 1.1 ( I U f,
M M PO BOX 1129.1 KEY WEST FI 5Jlj/t1 11<.'')
FACILITIES
OR
MACHINES
TYPE OF
BUSINESS
BUSINESS
ADDRESS
NAME
MAILING
ADDRESS
0000000000 0000002200 000047140U069914 1U01
(]
2006-2007
8USlt.j[S'~ I/\X rWCTII']
STATE OF II OIIIIM
SI !PIl [t.,1unl,1
rlFI.IF''NAI < n '"
f\JrV/TA,\,. l\l~'~(~~::::
nl,'\NSr~~ _.\~ ?~~~( );,,~
OrHGINA(ll\x . c'' :; '"
~ r r ...
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(~r;:':)( l
~ - r:~. -f ::r:
'-'>f.:>(.),"
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r'fTJf\LTY ;~.-;
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TOTM
~ I .,
Lt...
MONROE
ROOMS
SEATS
<;.> c_-=
<~
c- -,. r -~.f
<) -J
Lt....
THIS IS ONLY A TAX. YOU MUS
MEET ALL COUNTY AND/OR
MUNICIPALITY PLANNING AN[
ZONING REQUIREMENTS.
ACCOUNT
491100U68
49110 INSTRUCTION DIVING
38801 OVERSEAS HWY
00 - COUNTY OF MONROE
PARADISE DIVERS
WRIGHT LARRY PRES
38801 OVERSEAS HWY
BIG PINE KEY FL 33045
EXPIf1ES
SEf'l. 30" iU
MUST BE DISPLAYED It,) CONSPICUOUS PLAC E
EMPLOYEf:S
u .51 ~(I,+ 1 f:,
\/ ".
~~~E~~i~~EE~e:L~XDAJEDDANISE D. HENRIqUEZ TAX (Utl.fl TOll
" PO BOX 1129.1 KEY WEST Fl 33tH1 1L.")
FACIUTlE S
OR
MACHINES
TYPE OF
BUSINESS
BUSINESS
ADDRESS
N4ME
MAILING
ADDRESS
0000000000 0000003000 00004911UU068249 1UU1 2
[1
2006-2007
MONROE
ROOMS
SEATS
47140 CHARTER D0929003
38801 OVERSEAS HWY
00 - COUNTY OF MONROE
PARADISE DIVERS INC
WRIGHT LARRY PRES
38801 OVERSEAS HWY
BIG PINE KEY FL 33043
liIY~IiJr:;,; TA.X m ('[-If' r
STATE Of f IC)f1IFiA
SIJITLFMENTAL
nHIFV/AL
"' Y:l ~ ~ ,
~J') -, . ~-
NEVJ f^, >b~ = -f ~;) ~ ;:~~' ;~:
Tf1MJSFl;~' ".:~,~""
OnlGINAL TAX' ,q :; ': :
~>-::r r "
<-0'.::>( )
_ < :) - 1:
r '" ' , , ~ _ ) f _-.
c-' .:-0 -.-,;;.-
!\t,M)IJtn - . - ( )~ ..~l
rFt,l^1 TV ~-;;,: :---:~,~ +- ..
c:nJ I f'Cl1rH'<JCOST :~ I'
IOIAI < > c,
3U
5U
THIS IS ONLY A TAX. YOU MU~
MEET ALL COUNTY AND/OR
MUNICIPALITY PLANNING ANI
ZONING REQUIREMENTS.
A.CCi)U'H
4(14U UU(61
EMPl cr,'FF:~
IJ "
MUST BE DIC~F"nAYFl1I1J COW~PICUOUS PLACE
FxrlRES
~. U' 1. .:. U .. ,2 Ij (
SI.II'F1 l=MENTf\L
flFNFWAL <~ ,<,
tJF:VV f^X,,;,>- ~L''''''~~~-:?:;
Tn^NSFE~- '::1:~ >~~C)~_.-;
OFHC;lNI\LTA X ' c., _: ;" c..
~ r ,- ("--,
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~<~( ')
- _ C'-;;) - -t:'J::
r-'" t-~_-A.c::)rll
^MO\ JNT f:> __.. ~ )~: 0 ~;:;
r'FNALT'{ ~::..~ ~.-: ~ h : ~
COI LFC1IOt, COST ~~
TC'Tl\l =
L.(
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Lt...
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Florida Profit Corporation
PARADISE DIVERS, INC.
Filing Information
Document Number P97000001924
FEI Number 650718898
Date Filed 01/08/1997
State FL
Status ACTIVE
Effective Date NONE
Last Event AMENDMENT
Event Date Filed 08/30/1999
Event Effective Date NONE
Principal Address
38801 OVERSEAS HWY.
BIG PINE KEY FL 33043 US
Changed 05/11/1998
Mailing Address
38801 OVERSEAS HWY.
BIG PINE KEY FL 33043 US
Changed 05/11/1998
Registered Agent Name & Address
AMERILAWYER CHARTERED
343 ALMERIA AVENUE
CORAL GABLES FL 33134 US
Officer/Director Detail
Name & Address
Title PTD
WRIGHT, LARRY W
SUNSHINE KEY RESORT
SUNSHINE KEY FL 33043
http://www . sunbiz. org/ scripts/ cordet. exe ?action= D ETFIL&inCL doc _ number= P97 0000019... 6/26/2007
~.sunbiz.org - Department of State
Page 2 of2
Title VPS
KRUSZKA, LINDA
SUNSHINE KEY RESORT
SUNSHINE KEY FL 33043
Annual Reports
Report Year Filed Date
2005 04/20/2005
2006 05/01/2006
2007 04/11/2007
Document Images
94/11/2997 -- ANNUAL REPQEI
05/01/2006 -- ANNLJ6L REPORT
04/20/2005 -- ANNU6LJsI:;EORI
04/29/2004 -- Af'.JNl,JAL REPORT
04/09/200:i-~6NNUAL REPORT
04/24/2002 -- ANNLJAL_BEPORT
04/28/2001 -- ANNLJAL REPORT
01/27/2000 -- ANNUALBI;PORT
08/30/1999 =::An}~D9ment
9JLQ4L1Sj99 -- ANNUAL REEQBI
05/11/1998-=_6NNUAL REPORT
9_lIQ(3/J927 -- Domestic ProfitArtic:I_~
I Note: This is not official record. See documents if question or conflict. I
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Copyright (~) 2007 State of Florida, Department of State.
http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&in~ doc _ number=P9700000 19... 6/26/2007
7:09 PM
, 01/21/07
Accrual Basis
Paradise Divers, Inc.
Profit & Loss
January through August 2006
Jan. Aug 06
Ordinary IncomeJExptfnse
Income
Dive and Snorkel Trip Incoma
Equipment Sales
T otallncome
Exptfnse
Advertising
Automobile Expense
Credil Card Fees
Dues and SUbscriptions
Fuel EXJjense
Inliur <inca
Automobile
Boat
Liability
T otallllsurance
122.730.76
1,088.69
.. ~--~- ~~_ _ _ _H~___
123.819.45
2,041.73
2,773.62
1,434.38
124.00
6,383.17
Interest Expense
legal alld Prottlssional
UClllllies and Permits
Miillagelllllllt Services
OHict:r Compensation
POlitagt: and Delivery
PlOlessional Services
Captain Expense
Instructor
Mate Expense
Survey
Toldl ProtelisiOllal Services
Purchases
Rt:nt
Rental Equipment Expense
Repairs and Maintenance
Boatli
E4uipment
Rellldl Equipment
Total RepaIrs and Maintenance
Security Expense
Supplieli
OHice
Oxygen
Shop
Studt:nt
Total Supplies
Taxes
Local
Payroll
Total Taxes
Tt:lephonll
Total Expense
743.25
3,52624
2,381.22
6,650.71
378.36
272.45
635.00
21,269.37
2,500.00
169.Q.4
15.76434
5,211.00
5000
350.00
21,375.34
17,434.27
6,000.00
428.75
6.691.94
242.21
70.64
7,004.79
283.80
228.37
3Q.4 .93
1,282.74
595.70
2,411.74
Net Ordinary Income
Other Incollle/Expense
Other Incollle
Collection Allowance
Total Otller Income
162.30
43.32
20562
2,047.39
--------~-~-
101,823.53
21,995.92
9.29
--~------~--------
9.29
Net Other Income
9.29
Net Income
22,001.21
P.1
('ONIHTION .\Nl> VALUATION StJRVEY REPORT
1\1. V. I'.\R\IHSE ntVEI~S IV
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(Pri\ileged and Confidential)
I\Jark T Perkins, AI\JS
I\tarinc Surveyor
r...1.\l{k r PJ.:RKINS SURVEYOR, INC.
lL'hruary II. 2o()()
!-ill' \ill u21-II-S-{)()
PO Box 298
Key West, FL 33041
Tel. (305)296-7075
Fax (305) 296-5130
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PlhJllC (51)',)
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('OI\lI>ITIO[\j .\i\il> V,\UI.\T10N SURVEY REPORT
:\1. V. P.\I{'\DISE l>IVERS IV
(jINLRAI P.\RTICl 'I\RS\ IlIllldnl fiberglass. slIIgk: Inboard diesel powered, commercial dl\c
charter \ essd of com cntional design.
FL MII\IBLR FL .N26 FG
OFFICIAL NUI\IBLR OOY2Y003
I)!:CAL CO 2XX77
III!LL I/) NlJl\lBLR AXAI7200AXXX
TlTII: 137().J57
10 \ 290'Reg
IH-\\l 12(), Reg.
IW\,.., ]'
NET TONNA<iE 9
Ill/II r 19XX
IlIlILDU< Island lIoppeL ~Iarathon Shores, FL
PO\\'LR 1_ Cummins X cylinder diesel
1101\11- PORT Sunshine Key. fL
I\IOORINU Commercial
PRLSLNT ST.\Tl:S ,\!loat
PRISI. Nt AI 111\11'.01, Sl I{ \ I Y
I\.lart.. T Perkllls
\\:\ITRS TO ilL N:\ \ l(i\II'1)
As per IIlldem nlers
I f\. II :\ I) I I) S I I{ \ I( I
('OllllllcrClal dl\ c charier
\( III \I I S\(I/
COllllllercial di \C charta
I ()I{ 1111 \((Ol !~ I Of
P,lIadlSC I)" l'rs Inc.
3XXOI (herscas 11\\\.
Big Pille Ke\. FI
!'-i() 11\11 "'II);ll'I("-S .lIld dllll,'II""'II', ,Ill' ;lppr()\III1;tlc
I I
Illl ,\\IJ,~j\\~ \1\\,1 \',.11i'I\II\1,\
': I, \11 \1' 1'1 I'l Ill! \1 \/\It;! '.,1 j\\ I ',lll\:-l
.\ I\L\UK T.(UEEF) I'EIH~I!\S Stll{\'FY
1\1 V 11.\IC\DISL DIVLRS l\'il';lIddls~ I>I\~rs Ine
h.:brllan I~. 2()()()
Pal!.~ J
Our Flk No. 02141-S-00
THIS IS TO CERTIFY
Thai Ihe und\.'rsigIlL'd, ~Iark T Perkins, at the request of Linda Knlska, proceeded on the 13th day of
February, 20()() 10 Sllllshine Key, 1"1, and IhL~re did attend the M. V. PARADISE DIVERS IV, v.hilc
alloal at r\.'gular dock Illr tht: purpust: of surveying paI1iculars and condition of said vessel tor pon risk
cm crag\.'. No sea Irial 1\ as cUfldlll:tcd at this time
!HILL (()NbT!H.LCI!Q~ Al'!l) CON ()JTION
~ lolded liberglass hull 1\ ilh several tiberglass and plywood pal1ial and complete transverse
bulkheads, \vatertight as requil L'd IIlHb I JSCG certitication. Fiberglass over wood 10ngitudinaJs Hull
appL'arcd in good conditioll as \ ielled atloat
f)E('J{\HR\NGEMENT AND CONDITION
i\luldcd libt:rglass lh"k l'ap \lith Inechanical and adhesive bond at hulVdeck joint. AJuminum
::,al\:t) rails 11l/l\ard hbt:rglass 0\ l:r \lood superstructure with satety glass windscreen. Integral nOI1-
shid sudiKe Self [lailing main del'!. I"ilh adequate tieeing pons Watel1ight steering gear access hatch
(tested OK) Goud condit ion 0\ endl
INTI<IUOI{ ,\IUt\NGEMENT AND CONOITION
Cuddy ulbinll)lwanl \\ith gear sIll/age and manual MSD
J\ 1.\('111 N I<:I~Y
;\ \ isual inspectioll only \"as made
LN(dNI: 1- ('UllllllillS (l})i/\S 111\12, Series 403,6 cylinder, tJ'csh water cooled, turbo charged
IlIarille diesel I"ith Rm:m prillliuy tile! tilter and file! tlow gauge. The engine undcrncnt
a majm n;l>uild by Bell Marine, rvlarathon, F1, completed with sea trial on June 7, 1998
Actual ellgine hUllls are 21 () It) Current meter reading 2622.42 hours.
1-:\1 1:\1 1ST Cast ilOlllllalli/(lld, l\alL'r iluected, rubber hose coupled to tiberglass pipe.
PI ii\IPS .1 - 12 V 1)( . bilge \lith aUlo/manual svyitches
I - 1:II.!:!illl' dri\ l'lllllallilllld pumping system as per USCG Regulations
.~ . Ilil!h \Idkr ablllh
, '
12 \ 1)( . bilge 1\ 1IIInlilllllal :mitch only
B'T II.RII'S 2 <. XI) 12 \\(' III Sl'Il:lIal\.' sculred boxes tu approved vapor proofs\\itch
\\II{lf',,{i Ihcnlloplaslil' l"\l\l'rnl boal cable, gauged, routed and connected as per NFPA 302
,\Ild .\B)(' Slandards in ellecl at the time of constl1lction. Taped, bundled and
S\.'llllCd 12 \ 1)( , hI eakL'1 panel No II) V AC service.
.\ i\L\nh T. (I~EEF) PEI~h:tNS Stll<\EY
\1 V PARADISI: DIVIRS IV l';uddlSC DI\ClS Inc.
h;bruan I-l. 2()()/)
(i\ lachincry COllI)
rANKS
I - I-ibcrglass XO galloll Illd V cnted, bonded and secured.
I P\'(' Ilcsh \\illcl, 2'\ gallons
11l11.L PI:NI'TI{.\TIONS
Iholl/l' sca cocks in operating condition.
STI 'TRI N( J Sillgle stal;ulI \\ hnJ ScaStar hydraulic
INSTRU1\IENTATlON
Pal(~ ..
OUf File No. 02141-S-0tl
I{PI\I, oil pressure volts, water temp. and warning lights,
ENGINE CONTROlS
I )ual bel', single station, cable type.
\'ENTII AIION
Adcquate natural, custom dran/duct systems
II(JIITS
:\11 required 1I11tkr IlIlclllational Rules.
('O;\ST (~(I.\nu ANI> SA Fl:TY EOIJlPMENT
.2 - Size I Type H.C Dry Chclllicall-irc Extinguisher, charged and mounted
I - 'I\pc IV thrmving dc, in; \\;Ih linc and light
2'\ - Adult Type I PFD
3 - Child Typc I PFI)
I - I ;mergcncy oxygen
I - ( )il Dischill gc Plaquc
1 - 1\.larpol stider
1 - Set /larcs, elll renl, as per l J S( '( J RcquirclIlcnts
1 - (Ialon 1 J() I manual/aulo lirc c\tinguisher system in engine compm1ment
I - ( 1011I
1 - Bell
J - Commercial First Aid Kit
I - ACR ,IOS EPIRB II :\D(,D02 U \ '\() I 00 I
1 Ne\\ 12 man rigid Iill: rail
(;I{OIINU TACh:LE
I i() I b NllIthill SS t()ldill~! ,1I11hOf
I - I X;iI.)S grapnel
I - 1.2' \; '\/ I () SS chain
1 - 200' \ L.2" IJ)lolI alldlOI lillL'
.\ I\L\nh T. (IU:EF) I'Et~hINS StltH":Y
.\1 \' PARADIS/: Dt\TRS IV"/';nadlse DI\ers IIle.
h:brll;U\ l.t 20()/J
Pauc :'i
OUf File No. 02141-S-06
INVENTOI{\'
I - 1 )anlllllh compass
I - \Ianllal i\ISD
.2 - Cll~lom aluminufll scats and ll'ah racks
I - U niden Solara V II F
I -Garmin 7'1, (JPS
I - Silex C\'S-I 06 III 0()()X117
ItH 'OMMENBATIONS
Insulalc rcmaining pOltion orss exhaust risef assembly.
VAUIA TION
II is the undersigncd SUI\ eYllI's opinion that the subject vessel, as equipped, and with the above
rccomlllendalions attended, has a prcscnl day approximate value of $65,000.00 (SIXTY FIVE
IIIO[ JSAND DOLLARS), and a pn:senl day new replacement value in excess of $185,00000 (ONE
III JNDRLD U(JlITY FIV/-: II/( H 'SAND DOLLARS)
COMMENTS
The 1\1 \' PA/C\D/SI: DI\'/:I{S IV has had a nevv "rebuilt" main engine professionally
inslitllcd \\ illl 1.20() flours or ser\ icc since inslallalion (repol1ed) The vessel underwent a USCG
('Clllticalc or In:,pecl ion on I his dale (02 13 (0) with no deficiencies noted or presented, The vessel
\\ d~ t~ llllld ll) be in \ L'rt guud LUlldllJon overall wilh signs of continued professional maintenance and
carl..'
I'inanl'ial and Insurance Slll\ey Is a condition and valuation survey for marine risk only. It
ill!l)Jtns Ihc insllIancc undel\vlllcr and tinancial institution of the type and construction of the vessel,
eqlliplllcnl and nlachincry IklllS \\>hich comply and (~o nol comply with the majority of accepted
f\<atiolwl Firc PlOlection .\ssoL'iation (N/''PA) .102 Standards, American Boat and Yacht Council
(\13 H ') StandaJ(ls, InsllI<lncc Illldel IV I ite Standards and United Slates Coast Guard Requirements are
listed (Jcllcrally, thc vessel is IHll dry docked I{)r bottom inspection, unless requested by the
ulldl'l\\litel, 'rl'l Ihc inlerior IIlIII is uhsel\l'd \vhere accessible and rcmarks arc noted. A trial run is nOl
cOlldUl'led lInkss Il'qul'sled hO\\l'\l'l irlhe O\vllcr is aboard il is recommended that engines be started
to assure opclatioll ,\pprU\illlilk llllH'nl Illarhet value and replacement values arc reported v,ith thc
assunlPlion thai all equiplllcllt alHllllachinery are liilly operationaL ThiS type survey should NOT be
lllisnlllSllunl as bcillg a lidl hll) 1'1's ple- purchasc survey and is not intended to be assumed as such
the II Ii II hl:l \ allll' llppl'arillg ill llii:> I epoll is bilscd on all average selling price of a vessel of this type
and sl/e iIl','olding 10 Ill;IlL'llirlS ,l! hand. t'tlllsiderillg all extras and accessories on board tairly
dl'Pll'l'ialnl. alld IS illlt:ndnl fl}! IIISllrant'C alld fillallcial cvalualion hut is not intended to intluencc the
plllchase 01 lIUIl-PlllChilSC ut'llil' \ ,'sse!
. \ 1\ L\ n h T" (n F E F) PEn 1\.1 N S S t 'In' E Y
\1 V PARADISE DIVLI<S IV,Paradlse Dl\crs Jue
Fcbruan I..L ~O(JfJ
Pal!~ 6
Our File No, 021-1I-S-0tl
(COlllllll"lltS COlli)
I'his SIII\ ey is basl"d 011 Ill\ opillion of the Illcls presented and discovered with no warranty
clthcr specificd or implicd lhercor latellt dc/ects which cannot be detcnnined without the opening up
or remm al or shcathing, joiner \\OIk, dcck covering, and/or the assembly Of disassembly of machine!),
plumbing, engincs, \viring, or uthCI palls orlhis \ esse! arc not intended to be covered by this report.
Sll!\l !\IAI~Y
llpon completion of the al()( l'nlelllioll~d "RecoJllmendations" it is the opinion of this survcyor,
that Iht.' 1\1 V (1\1(;\1 >lS!- 1>1\1 H.\ 1\' \\Ollld bc considered a good JIIarine and tirc insurance risk
NOli,: While the Olllccrs and SUl\cyor. I\IARK T PERKINS, INC, use their best endeavor to insure
the corrcclness or all rcports and certiticates and opinions expressed, let it be known,
undcrstood and agrccd in accepling this repon Ihat no represcntative or agent of
I\/IARK T PI'RK INS, INC, is - under any circumstanccs - to be held responsible or
liable Illl any CIIOI in jllllgmellt, inaccuracy, oversight or mis-statement in conducting
survey and issuing orlepOlt cmcring the above named t\1.Y. KEY WEST DIVER IV
I, the undersigned, l'cllll\1 that I have no interest, present or contemplated, in the vessd
described in this report and thai, sllbil~rl to the implied assumptions hercin contained and the limiting
condilions stalL'd herein, all statcments in Ihis repljrt are true to the best of my knowledge, belief and
opllllon
Rcport madc, signed and slIblllilled vvilhollt prejudice 10 rights and/or inlerests of whom it may
ev cnlually concelll
Respectfully,
Condition and Valuation Survey Report
MY PARADISE SEA DIVER
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(Pri\ ikgcd and Confidential)
Mark T. Perkins, AMS
rvlarinc Survcyor
'\1 ' HI\: T. Pt<:RKtNS SlJRVEYOR,INC.
\Ia\ ~2. .~()(){)
hI.: \:,) ll"_' 21." 0(,
PO BOX 298
Key West. A 33041
Tel. (305).296-7075
Fa'\: (305) 296-5130
~
,ll1HI{ I. I'IJU{INS, INC.
l~ 1 1'.1.1
\UI{INE SLJHVEYOI\
jll! liiH !()H . Key West. Florida 33041
Phone (3051 296-7071
Fax (305) 296-513(
.\ .\1\t~h: T. OUTF) PFI~h:li\S st un.:\'
\ 1;1\ 2.2 200t)
\1\' P,\IC\DISL SI\ 1>1\ lit PdLltlise I>I\crs IlIc
Pa~~ .2
Fik No. 05.221-5-06
SIIIn'E\ IU:POJH
(iF,~FR.\1 P\HTI( 'IJl,.\HS .'\ IIloldullHP sillgle dl.:L'k sillgk. illboard dil.:scl po\\ered commercial dhc charter
1 lSscI 01 eo 11\ I.:lllHlllal deslgll \\ ith clIned slelll alld lfallsom slern,
(>111(1-\1. Nli0.IIlLl<
FL 1>5')2 HK
1l1.1! mINTIFICHI(m ~Jl!\lIl1H
AXA15-100F7X7
TITI.F NIJI\IBLR.
Nol \ ie\\ cd
LO ,\
.10'
IlL\1\1
12'
IW,\I'!
.r
C;IH >SS/NI' I'TONNI\(;I'
lJ Ilk 110\\ II
Blill.1'
1')X7
IJllI1DII<
Islalld Iloppl.:r
Pu\\LH
I-Cakrpillar ,120X inboard diesel
IIOl\.tF POHT
Big Pilll.: KI.:). FL
J)()('K\( jl~
( 'Oil II Ill.: 1'I:i a I
PHI'SI' N I ST\Il),,,,,
AlIoal
PHFSt:NT\T 111\11- OF .')1 iH \ I')
"-lark T. Perkills.
\\ \TlltS TO III N.\ \ 1(,\1 LI>
:\s per IIlldem rilers
INIL\Jlll.J) SII{\ HI'
I'olllllll.:rcial
\ ( II \ I ( S\ ( d
(Olllllll.:rClal dl\ I.: chartl.:l/da\ trip
I ()I\ 1111 \( (( liNT ( lJ
ParadiS(; ()In:rs
~XXI) I ( h l'rSl'aS I hghl\ a\
Big Pili': KI.:.\ FL 1,OU
\J( ) /I, \ II L:lpalJlk's :llld dlllllll\I\lIlS Illl IIPplO\llIlall' No im l'sllgallnll illlo 0\1 IInship or lilk has IlI.'Cll made.
,d." ,I" III ,I" ' ,\\ljdl~lI( ,\,\Il.J(I\',\N :;,\IV.\GI. :\SSOCl.\'1'I0N
\II.\I~ II I, ,\\1 .'.\LI h ~;,HIIIY tll' ^,'\'IU.lllTl.l) M.\IUNI. SlIHVlYORS
.\ i\J.\IH~ T. (IU:EF) PFI~KII\IS Sl UVE\
.\Lt\ 22. ,'()()()
'IV P\R,\DISL SL\ DI\LR 1';ILllIISC Dl\clS Illc
Paul.: 3
FJI~ No. 0522I-S-06
I<J \\II()1\111 \1.\\ (()t\(II{~
II liS IS j() (T1{ ll/'Y Illdl 111...- IIWkl SlgllUI. i\lark 'I' PerklllS al the request of Linda on behalf of Paradis.:
UI\":rs j)loLe\.ded 011 tile .2.2 da\ uf 1\ Lt\ )000 to Sunshine he). Hand Ihere did allend the MV PARADISE SEA
/)1\ ER \lInk alloal al legllLII dOLL fm Ihe plllpose of pelforming a slIne) of particutars and condition of said
\essd Tile folhl\\ing sune) IcplesLlI1s IlIe flllllllldings of the allending sune)or on the cia!\: of sune). and IS
slIbJl"d 10 tilt.: fulllmlng 1IIIIIIdllOllS
\io \\ IIhdl<l\l;1I Ill' Shdnill~' Ukell
.2 No \)p":lIi ug \)f.l\)in<:l\I 01 k P;lllellll!, \\lId'll;1c<:S or LlIlkage lelltkred.
1 No IUIlO\ OIls or d<:slIlld1\ <: [C'-;IIIl!' IIlldl'lLlkl'll
l No di:-,;lssClllbl) of ulglnes 1I1:ILIIIII.:I). dc:Lllical plllmbing or other equIpment undertaken: asseSSlllent
[hereol IS IIlllilc:d 10 \\ 11:lt \\ds e\kllldll\ \ Isible or ascertainable from opefalion, Testing of propulsion
lllddllllcn 1III1IIultu docblde Icsllllg if ;tlloal
5 'illn e) docs llol COll1a11l a 1'1111 111\ Clllon. dlld all) items 1I0tlllelllioll~d. or ill.:ms pill aboafd at a I;llef dall.: lhal
\IUlild 1I0111ldlh be llKllldL'd IIl1der IIlSUf:IlICe shollld b~ lish.:d alld the list appended hefclo.
I) \lo sed I ridl \1 as reqlll"Skd III L'olltlllckd
71':illb lIul lull) pressed No 11IessllI\.' ksllllg lllltkr(;jkell.
S \, Co "...1 :,pe(llk:11 iOIl~, l.d,dl 1'1011I 111\1\ Idul I ikr;allJl..: olll.\ Nv lIe1d mea:'1II illg IIlh.kflakn.
('Ollt rarlllal Iimil al ions
()ldL'! buals. II Is aglLed 111<11 Ih);als olllet Ihall 11\": ) ears \Ijll 1101 h;l\..: all ob\iolls cosmctic fla\\s Iist~d 011
Ille SlIl\C\ olhel Ih:1I1 IIle "I:lklllelll \II cOllthlioll ill lhe Sllllllllal). This illdlldes lIicks, dillgs. and 1I11110r
s,:l;llehl.'s III the gel I.'oal \1\/111 IIpllobkl). h..:adline!s, s..:al clIshions, Bimini laps, dodgers or other \\om
gLal uln lUllS lu the \1\1 Ilel!Pllldl:l:>e! <It Ihe III1Ie of his or her inspeclion, unless \\rilten requests arc iliadI.'
ItH spl.'ulic tklatlcd IIIIUlII1:1111l1I
.2 1III1Ils uf IIl/1Hksl llldl\ e "1111 LI The esselltlal hllldioll of pn:-Pllrchasdcolldition alld \alualion SlIne) IS
dlat'IlUS1S alld dl"d)\ L'I\I he 1III1IlS ale Ihe liS": 01 e!celrollic or radio d~\ ices. ~rcllssioll sollnding and
obscn alioll Disassembh lOlL salllplillg secliolling of mginc bed stringers, stress t~sling Of an} olher
dLst 11lLll\ e IcSIJ ng plOl.'ullJle IIL:eds \I 1I11..:n peTlllissi\)n from I he 0\\ ner and sp~cial cOllsiderations subjed
10 lIegotldllOIl N( >II' Spcl.'lIllalh e\dlldl.'d arc illegal or dallgefOlIs installalions deliberately designed to
hI.' 11IddL'1l :lIId 1111 uhsCl\ahk 1IIIk~'al or danguolls ilems arc obsencd Ihe) \\ill be \\fillclI ill the report.
SpL'LIIILall\ e\c1l1dul dlL 11)'I'llIg :Ibu\ e dcck Ie\ c/, inlcfllal cOlllponellls of enginl.'S Of lllachillC~,
e1eLlllllllcS ;lIid 11;1\ IV,;ltlull ul'lIplllelll alld all) olhl.'r ilL'11I 1101 addrL'sscd b) nallle ill the sliney. Pc.:rsollal.
dLUlI :111 \l'. 01 \II hL! ilL'! liS ;alld IIIsl;lI 1:11 lOllS i<: slcre\) S) skillS. kerosclle lamps, heaters. \\ ill 1I0t be
III'>P\.'Lkd lillkss ',pccillc,lIh ,,"III;ad,1I
,\ .\I\nh T. (tH<EF) PEIH~L~S stiH\EY
\1:1\ 11. :O(){j
\1\ P \R.\DISF SI:.\ DI\'LR P;II.1dISL Pi\el::' IlIe.
Pal(C ..
Fih.: No, 0522 1-5-06
!!LII, ('Oi'lSTlHiCTION ANn CONnlTlON
.\ lolded rw' hull \\ tlh ~\ ':1.l11'1<.I',pl\ \\ \lod 1I.1I1S\ CI~ blllhh':.lds No oSlllolic;lll~ induu.:d bhskrs Of delaminalion \\as
d':kCkd ur oh~1I ed Nn sigll \If Ullll;IlI d;lI11age ur rqKlllS AlIllIlcmal bulkhcads and rcinfof(\;l\lcnlS \\ere found 10 tx:
Illlac:1 \\ h':le \ !SIble 1\)1' illSllI:clIOlllhL' lllknm hull \\ as Illlllld 10 Ix: dl) \\ tlh no sign of Illildc\\. rot or I~nllilc infl.'Sta\lon
Thc 111111 lIas IUlllld lu hc III g\)ud L\J1 ld II lUll m L'I;III
BE< 'K ,\IUUN(;E1\IENT ANn CONnlTlON
:\ h)ldLd FHP deek cap :lIld IIlaill tkd, IlIkgl:tlllnll-skid ::.urt:lCc on all \\calher decks. Saf~IY hand rails
(1IIIll.l;lIdulIlllt.l;lId I as l.:quilcd\luIIIIIIIIIUli.lIuL' saki) glass \\ illdO\\s, The decks \\~re {mUld 10 be dean and \\orlmble
;llId III gund ulIldillUlI mClal!
I~T"U1()H ,\lUt\NCEI\IENT AND CONDITION
Cudd\ cabill 1\)l\\;1I d lIscd 1\11' ::.Iora,l!c
I\t\CIIINEHY
\ I 10u.1I IlblkdlUII \)111\ \I;t~ IIl.Idl
1:\i(JINI: C;lIdpllbr. \ludelL)!)K X l\ IllHkr. IlIIho charged frcsh \\.Iler cooled/heat exchange, 375 HP, inboard
Ulallll': diesel \\lIh pnlu;lI) (I{;ICOr) :llld secolldary fnd fillcrs, SS cngine tx:ds \\ilh shock absorbing
llllllor IllOUlI1 s.
FugillL' scnal UUlIllkT () 1/,.I(dO Ilollh fmlll IIlelel': 1.1ll 1-'
E'\II.\lJST \\',lkr 1lI.I":Ckd nsel. lubhel II\>.',e cOllpkd 10 FRP ..::\hausl pipe
(JFI\<H{ \('()H Noue
PU.\II'S 1-12 \ 1)(' sllbs bilge \\ II h auln!lIlallllal llllldioll S\\ itch alld acti\ alion ala fillS. of ad~qllalc
clpaclh
1II:l1I1Ialllll!'l
fl'\1 II 1<11 " ) (lI'lIII'KI) 1'\ 1)( '11111,","\111\ lIilhapplO\Clhaporpmofs\\ilch :\11 balh:ries in acid pmof
b(\\,'~ \CL'ul,..1 II lib :I\kqll:lk \ ,ulIl;lllOlI alld a":L'CSS
\\ I H I~(, I'hL'lIl1opla\II": 'U\ L'lld hUdl lable !'.;lurnl. lOulcd. secured and cOllllecled gellerall~ a's per NFPA JO!
:llId .\flY<' Slalld;mb III dkll allll..: Ilute ofconslrllclion. ('ollllllen.:iaIl2VDC breaker P;IIICI. No
,hor.: ,,'1 I I\.l' flllul
,\ !\IAnh T. (I~EEF) PFlUdNS StiIHE\
f\1;l\ .~2_ 2()()()
\IV P\R.\DISE SF.\ DIVIR Paladls,; ()I\.;rs IlIe
Pal!.': :\
File No. 05221-S-06
(:\Iadllllcl~ C(lIll )
T.\N~S I-XlJ-;illIlIlIllIlIlI g;illulI hl,1 II lilt aplHO\ ul fuel kctl. ICllIlIL \cnlS (olllboard) and cOlUlCclions as fcquircd
1I1!1.1. PLNlIR\TIONS All \ahc::; hlllll/C ~ca(()ckSS ball ()IX: tlollbk dalllp..:d
STLLRING Siugk ~latiou lIoll-prcssllIi/ctlh)dr;ltIl1c
j \ '> j Ht'\/L\ I \ll(),\ HV\I lIlI pk~\Uh.' \I;llcr Iclllp..:ralllrc, g.:ar oil
I. \J(JlNE (( )NIHOIS Sill,de "I;ilillll du:tI k\CI, cabk (}IX:
\.1-NTII.ATION\Ik'qU:llc lIallll:tI \ la dLIlL'dllcl s\sklllS
L1GHI S \Jllcqllllcd 1II1dcllulclll:llI<lu;IlI{l/k"
iJ~Y"IClJ,\IW AI'4f) SAFETY EOlJIPMEI'4T
.14- \dl/lIl\ pc I PFD'I-Clllldl\ pc I 1'1")
j -Fllsl Aid 1--11
I-Spot lrght
H,J\t{I'UI. SllLlcl
1-()jJ I )Ischargc plaqllc
~-'l\ pc 1 \' 11110\1 11Ig tk\lcc
I-Sol/ud dc\ ICC
I-III~'h \laid aL1I1II
1-,\11 hbl'!" pl;lc';uds amllhlllc,,, a" p,1 I is( '( I ( '( JllcqllilclIlClIlS
1-1'lIlclgclIC\ fill'! .,hul ut J/ 1I1;l11l1;iI
1-1{I,'al I') IU;IU Ide lIu;t1
'-SI/c I 1\ pc Il ( . iii,' C\I
I-I I: tI 011 aUIU)I!;IIIC IIIC \'\1 1I1,'II~'lllC ")1,11,'
.\ \I.\Hh T. (HEEF) PEI~hINS Sl:tn EY
;\1:1\ 22. 2()(){j
,\IV PARADISE SL\ DIVIR P;ll;adlsl: 1>1\ l'lS 11l~
Pal(~ 0
File No. 05221-S-06
CIHHJNI> TACKLE
1-2~!! tklta F;I~1 <-lei ;llklllH
I-I ~ \\:X' SS lll;llll
1-) 'i()' \ 'i, S" ll\ lOll IUd~
I-Sp;ar~ S. X' lOde
INVEI'iTORY
1-('lIsI0111 \1 ood~1I S\I illl pial 1'0 III I
1-( 'llslolll allllllllllllll S\I illl laddcI
I-Bllllilll lop II Hh SS frallll
I-SI;llIdanllllll....pld \,111, LldlO
I-S..:I Il\drallllllllllll;I!JS
I~ Fe 'Q:'\I!\I EN U.\TlONS
Ilbllf~ SII 1111 jlLilllllll1 laSI..:1I1llgS ar~ s~cllfcd.
2 Hlpbcl II II.... 11111 l(lIlllldors \1 ilh apprO\cd crimp I) pc 011 VHF radio and high \\al~r alarlll
kll
V AUJATION
II IS 11t~ IllldllSI!~llnl :illl\l\\lIS OjlllllOIl IILII lite Sllh.lld \csse!. as cqllipped alia \lith the above recommendations
;lll..:lld....d has ,I pllSlll1 d;1' applU\IIlLlle III.llkl \alllc 01$1l.?OOO.OO (SIXTY TWO THOUSAND DOLLARS), and
a pn:sllll da.\ IIl'\1 f\~pLilllllt'lIl 1;1111': JII,'\t\.ss of 'l> 'OO.OOO.OO (TWO IIUNDRED THOUSAND DOLLARS)
(,O!\I1\1 ENTS
Ihl' 1\1\ P \fUDISl, SL\ (),\ 1.1( h ,I p'Ok.,Shlll;IIh IIlainlailled dne charier \cssd that operates regulafl) out of
SIlIl.,llIlIl' f":u \1:111l1~ Pa.,sllll'er hO,lldlllt, IS sllpll\i~ed and laks place from atloaling dock .\\h~r~ the \essd IS
Jill/ill ul sid.... 10 Tlil' \ L.,.,L! II", 101llld 10 Ik' ill I',ood 1II1'lhanh.:al alld a\ crage lOSlIIdic cOHdnion o\cralllor a \ css-:I
\11 11'1', ;I~"" "Ihl .',el\ I,.... rile: ",>.\\1 IllilkillCloI ,I lU....1I1 IIS('(i (\:lIilkak Ill' I lisped ion ~1If\l:) and no signitl,:anl
ddlllLlllh.:s Illle: 1I\lkd
\\, IlLlil:\.... Iltdl IIJlUII \IbldIIIlIH', ,) \ UlldJlI\)11 \111\....\ Ih;11 ;111 IIUIIII<lI 1I1;1I111<:II<1II\':C ikllls should be illllllellialch
,,'1\ Ill'd I Ills gill', Iltl' UJlll,llu! d LII(I\I II bq~lIlJ1iJlg ld\:rcnlc pOIJH Il)r ~onllnlling reglllar and schcdukd
1I1,lllll'ILIIIL,' 11t"\,, Ikm~ 1I1,llIlk "111 ;11,' 11111 1I/IIlku 10: c:h;JlIglllg all nuid~, lubri~<lnts. coolanlS, /.illCS, lIl.
LkaIIlU!'/dl,JlI~IJlg allllllus. l!:t I Ill' ,lIll',luI, ,'h;. as IIcCCSSary. greasiug and lubricaling, rCnC\\hlg shaft and mdder
lug p;ld,I/I!~ glaJlds alld adllhtlllg ,III 01 lie: I' litH ilia 1 rl'glllar llIainknance as llIighl be sllggcslcd b) the
1I1;1/1JlLidllll'r ,of lhe ,''IIIII"lIl'llI 1',";11 UI ;lpplt;IIIL"S aboard Ihe \l:ss....1
,\ :\L\lH~ '1', mFEF) PFHI\INS SI H\'FY
\Ia\ .!.!, .l()()(l
\1\' P,\IC\DISF SL\ DIVI:K Pal;Hllsc I>l\crs Illc
Pal(~ 7
File No. 05121-S-06
(( "lII1I1ICllh cOlli)
Fllldllcl.ll dlld III~lII;IIIC": SlIlIl:\ h ;ll\llldIlIUII ,llId \allldllllll ~lIne.:) l()f marillt.: ri~k 0111) II illforlllS Ihc InSllr;lllc":
1II1dl'I\llIkl ,llId II 11,1 IIU;t1 111,1111111011 ul llie l\pe.: dlld eUlIslnlc:l101I 01 Ihe.: \es~d. e.:((lllplllelll and llIadllnCr). lIelll~
lhdl "lIl1ph ;l1Id du 11,)1 cUlIlph 1\1111 Ihe 1I1:I/UIII\ of aeecpkd NallOnal Fllc Prol~clioll Associalioll INFPA) 102
SLlllddld~ ,\IIIUh'::11I IJodl a III I 't Oil hi ( lIllI ILl I (!\Il'tT) SI;llId;llds. IIISlll;IIK~ UlIdcnuilc Slalldards alld UlIIh:d
.')Llle~ (oasl (illald f<,c'qIIllCIIIClIls ,ilL II~kd (icllcrall). thc \'cssd is 1101 dl) docked IOf 0011011I iIlSpcCIIOIl, 1I11less
rcqllL~kd h) lllc IllldL'! \1 I iter \ c:l lhe: IIlkllOf hllll IS ob~cf\ cd \\ hcn; accessible alld remarks arc 1I01ed. :\ Inal HIll
IS lIul cUlldlldcd Illlh;~s rcqlll.~Il'(IIIlI\\L\d If 11Ie: 0\1 lieI' is aboard il is recollllllendcd Ihal ellgilles be'slarkd 10
:IS~lln; OpCr:1I101l. :\ppro\III1;11c llllll'llt 111:11 kd \ dlllC alld replacemcllt \ allies arc reported \\ ilh Ihe asslImplionlhal
;111 e:qlllpJllclll illld IIlilCllllll'l\ dre: lilli, opcrillillllal ThiS I}pe SlIIYe} should uol be lIIisconslnrcd as being ;1 filII
hU\cIS pIVpllll.h:I'>C sune:\ dlld b IIlJlltlkllde.:d Iu he ilsslIllled as such
The: 11I,lIke! \;IIlle dppeilllllg III lllls 1L'j)Otl I'> has-.:d 011 all ;I\elage selling price of a n:ssd of Ihis I}pe and SILe
aCdHdlllg tll 1I1:11e:nab al hillld collsllklillg illl c\llas alld accessories ou board faifl} dl:prccialed. and is inlcudcd
lor 11I~lIl;lII(e :illd lillilllLlal e\;i1I1i111U1I bill IS IlOllllklldcd to.illl1l1euce Ihc pllrchaSl: or non-purchase oflhe \esse!.
TIII~ ~1I1\ e:.\ IS b..~ed UII 111\ OpllllUII ,)llhe: bus (lrescllkd alld discovcred \\ ilh 110 warraul) cithcr specified or
llllphed I hL'I,'ol I,d kill dek:cl~ \\ IlIdl (:;1I11lUI be; de:tclllllll..:d .II ilhollllhe opclliug lip or refilO\al of sheathing, Joillcr
\Iurk de:ck C,l\ e:nllg. ;lIld/OI Ihe: ;ISSe:lllbl, or dl~dSSclllbl) 01 llIachinCI) , pllllllbing, cngincs. \\iring, or oth~r parts
uf Ihis \cs~,l :irc 1101 I11ICllde:d 10 be; ul\c:re:d b, lhis Il:porl. By acccpling and paying tOf this SIIf\\:) Ihe purchasa
(of Ihls sune:\) agrecs 10 lhe: knlls SldlL'd hl'leill
S 1I1\1 M. \ H \'
L 11\1l1 u>llIpkllllll lIJ lltl' ,ilOllIUe:1I1 IIltlc'd J<CCOUllllctll.btioIlS" it is Ihe Opillioll of Ihis SIIf\e}or. Ihat Ihe PARADISE
SL-\ 1)1\ II< 1'Itl'i'J2 Ith, \IOItld he: ,'Ulbldctcd a ~ood 1I1arillC aud IIIC inslIlallce risk.
.I\(JI L \\llIk thc ()jli,us awl SIlII C\ (II 1\ I \HK T I'FRKINS, INC, 11~ theirlx,'S1 elldCiI\'Of to illsure Ihe COfHx:tncss of
:ilf ICpOlb ;llId cl.t1III'dll'~ ;llId OpllllOllS c\pless-.:d, lei it be 1-110\111, IIl1ucrslood ,1lId agl"U:d in auxptlllg
IIII~ IL'jlillt lhdlll') lqllCSe:lIl;lll\c ur agellt of1\IARK T PERKINS. tNC.. is - under any cifclllllSlanct.:s-
10 Ix: hcld 1e:~pOll~lbk or liable lor ;111) error ill jlldgmcnL inaccuracy, o\crsight or mis-stalemenl iu
(t)lIdlldllH' Sill \ C\ all(llsslIllIg Ofl'VOlt (01 nillg lhe ahm e lIallled \es~l.
L Ihe: IIII,b~lt!llLd (clll!\ Ihal I h;I\e; IIU III1e:rcsl ple~clIl 01 cOlllclllplalcd, in II\\: \.:ssel dcsailx;d illlhis rcpoJ1 and Ihal.
slIlllCd III Ihl: IIl1phcd a~slllllpllUlh llelL'lllclIlIl;ullcd ;lIld lhc Iilllllillg cOlldiliollS slated I\(.;rdn, aJl statcmenls in this report
,lie; IIUe: I,l Illc llc~1 Ullll\ kllll\\ kdgc. ldld ;lIld opiuioll.
ll)jILl'llI
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MONROE COUNTY
REQUEST FOR PROPOSALS
Temporary Ferry Service between Marathon and Pigeon Key
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor Mario DiGennaro, District 4
Mayor Pro Tern Dixie Spehar, District 1
Commissioner George Neugent, District 2
Commissioner Charles "Sonny" McCoy, District 3
Commissioner Sylvia Murphy, District 5
COUNTY ADMINISTRATOR
Thomas J. Willi
DIRECTOR OF OMB
Salvatore Zappulla
CLERK OF THE CIRCUIT COURT
Danny L. Kolhage
May 31, 2007
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
TABLE OF CONTENTS
Proposal Section
Pa2e
Section One - Instruction to Respondents
Section Two - Scope of Services
Section Three - Sample Contract
Section Four - Response Forms
3
12
18
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2
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION ONE
INSTRUCTION TO RESPONDENTS
1.01 DESCRIPTION
The easternmost portion of the historic Old Seven-Mile Bridge is the primary means of access
between the City of Marathon, Florida and Pigeon Key. The physical condition of the Old
Seven-Mile Bridge has deteriorated and the Florida Department of Transportation (FDOT)
anticipates closing the bridge by mid 2007. Rehabilitation of the bridge is not expected to begin
before 2009.
Pigeon Key Foundation ("Foundation") occupies Pigeon Key. The Foundation is a non-profit
organization devoted to marine education and historic interpretation of the Key's heritage.
Monroe County Board of County Commissioners ("County") and the Foundation consider these
activities as well as other fund raising activities (tourism, festivals, weddings, proms) held at
Pigeon Key to be an important means of providing resources for the operation, maintenance,
preservation and restoration of the Key's historic structures and other facilities.
The County is requesting proposals from qualified respondents to provide temporary ferry
service between the City of Marathon and Pigeon Key for passengers and freight so that
activities at Pigeon Key may continue without unreasonable interruption until the Old Seven-
Mile Bridge connection is restored.
1.02 COPIES OF RFP DOCUMENTS
Only complete sets of Request for Proposal ("RFP") Documents will be issued and shall be used
in preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
Complete sets of RFP Documents may be obtained in the manner and at the location stated in the
Notice of Request for Proposals.
1.03 STATEMENT OF PROPOSAL REQUIREMENTS
See Notice of Request for Proposals.
1.04 DISQUALIFICA TION OF RESPONDENTS
A. One Proposal: Only one proposal from an individual, firm, partnership or corporation
under the same or under different names will be considered. In the event evidence is
discovered which indicates a Respondent has interest in more than one proposal for the
work involved, all proposals in which such a Respondent is interested may be rejected.
B. NON-COLLUSION AFFIDAVIT: Any person submitting a bid or proposal in response
to this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the bid or proposals of all
3
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
participants is such collusion shall be rejected, and no participants in such collusion will
be considered in future bids for the same work.
C. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit a bid or
proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in
Section 287.017, for CATEGORY TWO for a period of36 months from the date of being
placed on the convicted vendor list. Category Two: $25,000.00
D. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG-FREE WORKPLACE
FORM and submit it with his bid or proposal. Failure to complete this form in every
detail and submit it with your bid or proposal may result in immediate disqualification of
your bid or proposal.
E. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a
proposal or Bid in response to this invitation must execute the enclosed LOBBYING
AND CONFLICT OF INTEREST CLAUSE and submit it with his proposal or Bid.
Failure to complete this form in every detail and submit it with the proposal or Bid may
result in immediate disqualification of the proposal or Bid.
1.05 EXAMINATION OF RFP DOCUMENTS
Each Respondent shall carefully examine the RFP documents, and inform himself thoroughly
regarding any and all conditions and requirements that may in any manner affect cost, progress,
or performance of the work to be performed under the contract. Ignorance on the part of the
Respondent will in no way relieve him of the obligations and responsibilities assumed under the
contract.
Should a Respondent find discrepancies or ambiguities in, or omissions from, the specifications,
or should he be in doubt as to their meaning, he shall at once notify the County.
1.06 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing seven (7) or more days
prior to the date fixed for opening of bids will be given consideration. All such answers, changes
or interpretations will be made in writing in the fonn of an addendum and, if issued, will be
mailed or sent by available means to all known prospective Respondents prior to the established
bid opening date. Each Respondent shall acknowledge receipt of such addenda in the space
provided therefore in the bid form. In case any Respondent fails to acknowledge receipt of such
addenda or addendum, his bid will nevertheless be construed as though it had been received and
acknowledged and the submission of his bid will constitute acknowledgment of the receipt of
same. All addenda are a part of the contract documents and each Respondent will be bound by
4
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
such addenda, whether or not received by him. It is the responsibility of each Respondent to
verify that he has received all addenda issued before bids are opened.
1.07 GOVERNING LAWS AND REGULATIONS
The Respondent is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the
work. The Respondent shall include in his bid prices all sales, consumer, use, and other taxes
required to be paid in accordance with the law of the State of Florida and the County of Monroe.
Monroe County BOCC is tax exempt from all local, state, and federal sales taxes.
1.08 PREP ARA TION OF RESPONSES
Signature of the Respondent: The Respondent must sign the Proposal forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
", or "Sole Proprietor" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the words
"Member of the Firm" should be written beneath such signature. If the Respondent is a
corporation, the title of the officer signing the proposal on behalf of the corporation must be
stated along with the Corporation Seal Stamp and evidence of his authority to sign the proposal
must be submitted. The Respondent shall state in the proposal the name and address of each
person interested therein.
Basis for Bidding: The price bid for each item shall be according to the proposal form. The bid
prices shall remain unchanged for the duration of the contract and no claims for cost escalation
during the progress of the work will be considered.
1.09 SUBMISSION OF RESPONSES
Two (2) signed originals and six (6) copies of the proposal shall be submitted. The proposal shall
be submitted in a sealed envelope, clearly marked on the outside with the Respondent's name
and "Proposal Statement - Temporary Ferry Service between the City of Marathon and
Pigeon Key". The envelope must be addressed to Monroe County Purchasing Department, 1100
Simonton Street, Room 1-213, Key West, Florida 33040, and must be received on or before 3:00
P.M local time on July 3, 2007. If sent by mail or by courier, the above-mentioned envelope shall
be enclosed in another envelope addressed to the entity and address stated in the Notice of
Request for Proposals. Faxed or emailed proposals shall be automatically rejected. Responses
will be received until the date and hour stated in the Notice of Request for Proposals.
Each Respondent shall submit with his proposal the required evidence of his qualifications and
expenence.
1.10 CONTENT OF SUBMISSION
Proposals shall be organized as indicated below. The Respondent should not withhold any
infonnation from the written response in anticipation of presenting the information orally or in a
demonstration. Each Respondent must submit adequate documentation to certify the
5
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Respondent's compliance with the County's requirements. Respondent should focus specifically
on the information requested.
The following infonnation, at a minimum, shall be included:
1. Cover Page
A cover page that states "PROPOSAL STATEMENT - TEMPORARY FERRY SERVICE
BETWEEN THE CITY OF MARATHON AND PIGEON KEY". The cover page should
contain the Respondent's name, address, telephone number, and the name of the Respondent's
contact person.
2. Relevant Experience
The Respondent shall provide a project history of the firm that demonstrates its experience
performing marine passenger and goods transportation services similar to those described in this
RFP. The project history should include descriptions of historical or current services provided,
dates and location of services, and ridership numbers on all services cited.
a) Describe current and past relevant experience including the number of years the entity has been
operating and, if different, the number of years it has been providing the services called for in
this RFP;
b) The Respondent shall provide a list of past clients that includes the following information:
Name and full address
Name and telephone number of client contact
Date of initiation and completion of contract
Summary of the services and area served.
c) Credit references. Include sufficient financial information such as audited financial statements
for the County to determine that the Respondent has the financial capability to provide the
servIces.
3. Services to be Provided
A. Description of Services to Be Provided
Include a description of all services to be provided, in accordance with the service
requirements detailed in Section Two of this RFP. The Respondent must include an
operating plan that documents, in addition to other requirements, the Respondent's ability
to safely and reliably operate the required services and containing the following:
Vessels: Description of vessel types, seating capacity, number of vessels, vessel
speeds, description of passenger amenities on vessels, and vessel specifications
demonstrating a capacity to dock at existing landing facilities at Pigeon Key and
proposed landing facilities within the City of Marathon. Include an explanation of
whether required vessels are currently in the Respondent's possession, their current
use, or how they will be acquired. Provide proof that all vessels meet all United States
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Coast Guard and other permitting requirements.
Proposed Landing Facility: IdentifY the location of the proposed landing facility and
the travel time to Pigeon Key. If any modifications to landing facilities would be
required, they should be explained in detail. Any modifications would be subject to
the County's approval and would be the responsibility of the Respondent. All costs
shall be included in this proposal.
Service Schedules: Provide schedules for ferry services, demonstrating a
commitment to meet service requirements stated in Section Two.
Staffing Commitment: Provide number of staff to be committed to providing each
service, staff hours, level of experience, and assignments of each staff member.
Service Disruption Contingency Plan: Explain how service will be provided in the
event of service disruptions, equipment failures, or breakdowns.
Passenger Service Plan: Describe capabilities to handle customer relations and
complaints, marketing of services, and printing notices announcing service and
schedule changes for public distribution.
B. Timeframe for Implementing Services
Provide a detailed schedule for implementing all services by required Revenue
Operations Date (ROD), including acquisition of all vessels, equipment, personnel and
training as required.
4. Costs and Revenue
Responses shall provide a single estimated monthly cost for the provision of all services
described in this RFP. The estimated monthly cost should include all costs necessary to
provide all services, including, but not limited to, all vessels, vehicles, operations,
supplies, equipment, staffing, insurance, administrative costs and profit. The fee should
also include the cost of any required modifications to landing facilities and other start up
costs.
Respondents shall identifY revenue sources to fund the monthly cost identified above.
Revenue sources include the funding provided by the Florida Department of
Transportation (FDOT) and user fees. User fees shall not apply to educational groups and
Foundation staff. The Respondent shall show the revenue in a monthly amount.
An example cost/revenue worksheet is attached (pg. 28 of this RFP).
5. Litigation
Answer the following questions regarding claims and suits:
a). Has the Respondent ever failed to complete work or provide the goods for which it has
contracted? (If yes, provide details.)
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
b). Are there any judgments, claims, arbitration proceeding or suits pending or outstanding
against the Respondent, or its officers or general partners? (If yes, provide details.)
c). Has the Respondent, within the last five (5) years, been a party to any lawsuit or arbitration
with regard to a contract for services similar to those requested in the RFP? (If yes, the
Respondent shall provide a history of any past or pending claims and litigation in which the
Respondent is involved as a result of the provision of the same or similar services which are
requested or described herein.)
d). Has the Respondent ever initiated litigation against the County or been sued by the County in
connection with a contract to provide services? (If yes, provide details.)
6. County Forms and Licenses - Respondent shall complete and execute the following
forms:
Form
Submission Response Form (Including
Acknowledgment of Bid Addenda)
Lobbying and Conflict of Interest Clause
Non-Collusion Affidavit
Drug Free Workplace Form
Bidder's Insurance Statement
Insurance Agent's Statement
Pae:e
27
29
30
31
32
33
Respondent should include copies of all professional licenses, Monroe County Occupational
License, evidence of Respondent's qualifications to do business in Monroe County, and any
other applicable State, County and/or Local licenses.
1.11 WITHDRA W AL OF BID
Any proposal may be withdrawn prior to the time scheduled in the Notice of Request for
Proposals for the opening thereof. All other proposals received must remain valid for a period of
ninety (90) days.
1.12 MODIFICATION OF PROPOSALS
Written proposal modification will be accepted from Respondents if addressed to the entity and
address indicated in the Notice of Request for Proposals and received prior to response due date
and time. The modification shall be submitted in a sealed envelope clearly marked on the
outside, with the Respondent's name and "Modification to Proposal Statement - Temporary
Ferry Service between the City of Marathon and Pigeon Key". If sent by mail or by courier,
the above-mentioned envelope shall be enclosed in another envelope addressed to the entity and
address stated in the Notice of Request for Proposals. Faxed or emailed modifications will be
automatically rejected.
1.13 RECEIPT AND OPENING OF PROPOSALS
Proposals will be received until the designated time and will be publicly opened and read aloud
at the appointed time and place stated in the Notice of Request for Proposals. Monroe County's
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
representative authorized to open the proposals will decide when the specified time has arrived
and no proposals received thereafter will be considered. No responsibility will be attached to
anyone for the premature opening of a proposal not properly addressed and identified.
Respondents or their authorized agents are invited to be present.
1.14 AWARD OF CONTRACT
The County reserves the right to reject any or all proposals, or any part of any proposals, to
waive any informality in any proposal, or to re-advertise for all or part of the work contemplated.
Ifproposals are found to be acceptable by the County, written notice will be given to the selected
Respondent of the acceptance of his proposal and of the award of the contract to him.
If the award of the contract is annulled, the County may award the contract to another
Respondent or the work may be re-advertised or may be performed by other qualified personnel
as the County decides.
The contract will be awarded to the Respondent whose proposal and qualifications are deemed to
provide the best services, based on qualifications and monetary benefit to the County, and other
aspects of the operations related to service to the public.
The County also reserves the right to reject the bid of a Respondent who has previously failed to
perform properly or to complete contracts of a similar nature on time.
All proposals, including the recommendation of the County Administrator and the requesting
Department Head, will be presented to the Board of County Commissioners of Monroe County,
Florida, for final awarding or otherwise.
1.15 EXECUTION OF CONTRACT
The Respondent to whom a contract is awarded will be required to negotiate specific details of a
contract incorporating the items in the proposal which are the basis for the award of contract.
The Respondent shall return to the County four (4) executed counterparts of the prescribed
contract together with the required certificates of insurance. A sample contract is provided
herein, but is expected to be modified to correspond to the elements of the selected proposal.
1.16 CERTIFICATE OF INSURANCE
The Respondent shall be responsible for all necessary insurance coverage as indicated below.
Certificate of Insurance must be provided to Monroe County within fifteen days after award of
contract, with Monroe County BOCC, The State of Florida and the Florida Department of
Transportation listed as additional insureds on all coverages except Workers Compensation. If
the proper insurance forms are not received within the fifteen day period, the contract may be
awarded to the next selected Respondent. Policies shall be written by companies licensed to do
business in the State of Florida and having an agent for service of process in the State of Florida.
Companies shall have an AM Best rating of VI or better.
Worker's Compensation
Employers' Liability Insurance
Statutory Limits
$1,000,000 Accident
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Employee Dishonesty Coverage
(Required only if the respondent collects
a fee on behalf of the County and is obligated
to pass these funds on to the County)
$1,000,000 combined single limit
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only if respondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
Pollution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
1.17 INDEMNIFICATION
The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the
County, the State of Florida and the Florida Department of Transportation as outlined below.
The Contractor covenants and agrees to indemnify, hold harmless and defend Monroe County,
its commissioners, officers, employees, agents and servants, the State of Florida and the Florida
Department of Transportation from any and all claims for bodily injury, including death,
personal injury, and property damage, including damage to property owned by Monroe County,
the State of Florida and the Florida Department of Transportation and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of,
in connection with, or by reason of services provided by the Contractor or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Contractor, its Subcontractor(s) in any tier, their officers, employees, servants or
agents.
In the event that 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 the County from any and all increased expenses resulting from
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
such delay. Should any claims be asserted against the County by virtue of any deficiency or
ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and
warrants that Contractor shall hold the County hannless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Contractor is consideration for the
indemnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. This indemnification shall survive the expiration or
earlier termination of the contract.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION TWO
SCOPE OF SERVICES
A summary of key dates associated with this RFP are as follows:
June 1,2007 ..............Release of Request for Proposals
July 3, 2007 ...............Proposals Due
July 18, 2007..............Notice of Award
July 23, 2007 .............Notice to Proceed
August I, 2007 ........ Start of Revenue Operations (ROD)
2.01 SERVICE TIME FRAME
The required start date for revenue operations service is August 1, 2007. Service provided shall
be for an initial period extending to June 30, 2008, and thenceforth renewing for up to four six-
month periods at the County's sole option. At the end of the initial period and each subsequent
renewal period, and upon 30 days notice to the Respondent, the County may terminate this
service without penalty.
2.02 SERVICE REQUIREMENTS
A. Ferry Service Requirements
The successful respondent shall enter into an agreement with the County to provide ferry service
as well as manage and maintain lands ide facilities necessary to operate the service. The service
shall consist of two components, passenger transport and goods transport, as described below.
The Respondent shall be responsible for providing all staffing, vessels, and associated equipment
and services necessary to operate the service.
1. Passenger Transport
The Respondent shall provide for the safe, reliable and comfortable transport of
passengers between proposed landing facilities within the City of Marathon, to be
identified by the Respondent, and on Pigeon Key consistent with the functional
requirements described within this section. Base service will be provided daily between
the hours of lOAM and 4 PM at headways no greater than 90 minutes supplying a
functional capacity of 22 passengers per 90 minute interval in each direction (plus two
additional round trips operated within 90 minutes before and after the hours of lOAM
and 4 PM for staff access, as noted below). Other passenger service will be provided in
accordance with the functional requirements of this section. Respondents are encouraged
to propose a base service, supplemented by a minimal number of on-demand trips that
would consolidate ferry trips in a cost-effective manner and shall not, in the sole opinion
of the County, unreasonably disrupt Foundation operations.
a. 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
persons per group. Access to Pigeon Key for educational groups is presently provided
by two vans operated as needed and a tram-service operated on a fixed schedule by
Foundation staff. At present, many groups are school groups that arrive and depart
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
during the school day, while others may arrive and depart outside of school hours
(including weekends) and may stay overnight on Pigeon Key. Contractor will move
the entire educational group at one time using several vessels if required. Educational
groups will not be charged a user fee for ferry service.
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 of 50
persons on one day. Contractor will provide service to Pigeon Key on a 90 minute
fixed schedule between lOam and 4 pm daily.
c. Arts Festival
The Foundation hosts an annual three-day Arts Festival. The volume of persons
traveling to Pigeon Key for historic tours and other functions typically increases
during the Festival up to 2,000 daily trips. Scheduled ferry service shall be provided
during the Arts Festival with sufficient capacity such that the maximum wait for any
individual will be 30 minutes prior to boarding. Methods for regulating traffic and
managing crowd control during the Arts Festival, such as timed boarding passes,
shall be addressed specifically in the Respondent's operating plan.
d. Contracted Functions
The Foundation contracts for weddings, proms, retreats and other group use of Pigeon
Key facilities on a prearranged basis throughout the year. Retreat groups typically
involve 15 to 70 persons. Wedding and proms typically involve 50 to 200 persons.
Retreat groups stay overnight on Pigeon Key. 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, as well as guest transport the day of the
function. The contractor will be able to transport up to 200 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.
e. Guest House Use
The Foundation provides overnight use of the Guest House on Pigeon Key on a
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 in a manner that shall not, in the sole
opinion of the County, unreasonably disrupt Foundation operations.
f. Foundation Staff
Staff presently arrive and depart Pigeon Key on irregular schedules. 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. The contractor will operate two
additional round trips operated within 90 minutes before and after the hours of lOam
and 4 pm for staff access. Foundation staff will not be charged a user fee for ferry
servIce.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
g. Emergency Access
The Respondent will indicate the timeframe in which it can respond to unscheduled,
on-demand service for evacuation of up to six persons from Pigeon Key to Marathon
whenever people are occupying Pigeon Key.
2. Goods Transport
The Respondent shall provide all labor and equipment necessary for the safe, reliable
and environmentally secure transport, loading and off-loading of goods between
proposed landing facilities in the City of Marathon, to be identified by the Respondent,
and the existing landing facilities at Pigeon Key consistent with the functional
requirements described within this section. Prospective Respondents 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 that shall
not, in the sole opinion of the County, unreasonably disrupt Foundation operations.
a. ConsumabIes
Foundation operations require regular delivery of diesel and propane fuel, food, and
other consumables to Pigeon Key and the removal of trash, garbage and other rubbish
to Marathon on a regular basis.
Diesel fuel is presently conveyed to Pigeon Key in 2S0-gallon increments by pick-up
truck as often as three days per week when groups are in residence and no less than
twice weekly. The diesel tank located on Pigeon Key is a 500 gallon tank. The
Respondent will be responsible for transporting the diesel fuel to Pigeon Key and
providing all labor and equipment to offload the fuel from the ferry to the 500 gallon
tank. Fuel transport and offloading must be performed in compliance with all local,
state and federal laws.
Propane is currently delivered once a week in tanks that are off-loaded from a pick up
truck. The volume of food delivery varies in proportion to the number of
persons/groups occupying Pigeon Key and deliveries are typically required every
other day.
Pigeon Key Foundation will reimburse the contractor for the cost of diesel fuel and
propane, at the actual cost with no mark up. Contractor's monthly cost estimate
should include cost for transporting and offloading fuel only.
The volume of trash, garbage and other rubbish likewise varies in proportion to the
number of persons/groups occupying Pigeon Key and may be required by demand to
be removed as often as daily, but no less than weekly. The contractor must provide
garbage dumpsters at the Marathon landing facilities. The cost for garbage pick up by
a refuse hauler at landside facility will be paid by Pigeon Key and should not be
included in monthly ferry costs.
Fuel, trash, garbage and rubbish may not be transported on the same ferry trip as
passengers. If the Respondent intends to transport fuel, trash, garbage and rubbish on
the same vessel used for passengers when passengers are not present, proposed
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
..
methods for effective vermin control and cleaning prior to reuse ofthe vessel by
passengers shall be specifically addressed in the Respondent's operating plan.
b. Other Material
The Foundation requires delivery of other materials as needed to support operational,
maintenance and facility restoration activities. Special delivery requirements
associated with the Arts Festival and contracted functions also require delivery of
tents, tables, chairs and other similar material and catering supplies on the prior to
events and the removal of the same the day after the event. These requirements will
be identified to the Respondent by the Foundation no less than 30 days prior to the
event. Requests by the Foundation for the transport of other material shall be
accommodated by the Respondent in a manner that shall not, in the sole opinion of
the County, unreasonably disrupt Foundation operations.
c. Special Equipment
The Respondent will provide for transport of bobcats and backhoes (1,700 Ibs) to
repair island facilities during post-hurricane event periods.
B. Vessel Requirements
Vessels to be used by the Respondent shall be compatible with the proposed landing facilities in
the City of Marathon, which will be identified by the Respondent, and existing facilities on
Pigeon Key. If the Respondent chooses to suggest modifications to any landing facilities, those
modifications should be explained in detail in the proposal and all associated costs should be
included in the cost proposal.
Any vessel to be used in passenger and/or goods transport must carry a valid Guard Certificate of
Inspection from the United States Coast Guard and comply with all safety and accessibility laws,
regulations, and requirements pertaining to the transport of passengers and goods, as applicable
to the intended use of each vessel in the Respondent's operating plan. Vessels must be equipped
to safely and efficiently operate year round in the navigational and weather environment of the
Florida Keys, including, but not limited to, dense fog, high wind, squalls, heavy rain, sea state
and heavy vessel traffic conditions.
The Respondent must, at all times, utilize vessels that offer clean, neatly furnished and
heated inside accommodations with clean restroom facilities, good lighting, waste
receptacles, and an audible public address system.
C. Docking and Operations Requirements
The County will provide for access and use to existing landing facilities on Pigeon Key to be
used by the Respondent. Respondent will identify landing facilities within the City of Marathon
that will be used. If additional landing facilities or modifications to existing landing facilities are
deemed necessary by the Respondent to operate the services, they shall be provided by the
Respondent and should be included in its proposal. All associated costs should be included in the
Respondent's cost proposal. All modifications to landing facilities will be subject to approval by
the County. Proposed landing facilities must have parking for a minimum of 15 vehicles to
accommodate daily island visitors. Respondents must also identify proposed parking for large
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
events such as the Arts Festival.
2.03 OPERATIONAL REQUIREMENTS
The Respondent's ferry operation is subject to all regular operating pennits and license
requirements of the United States Department of Transportation and Coast Guard, as well as the
Florida Department of Transportation, including any associated fees. The Respondent is required
to prepare and follow an operational plan approved by the County. The vessels and associated
equipment to be used in this service, as well as the operational plan, shall be subject to approval
by the County. At a minimum, this plan shall address docking, vessel operations, passenger
and/or goods boarding and discharge plan, emergency procedures, and a projection for the length
of the contract of the Respondent's capability to maintain the vessels and the crew in a
satisfactory passenger transportation operational condition.
The Respondent shall maintain zero-tolerance policy for drug and alcohol abuse for all
employees directly involved in the provision of services under this agreement. The Respondent
will provide a program of random drug and alcohol testing for the duration of this agreement
consistent with the requirements of the Federal Transit Administration.
2.04 PERFORMANCE MEASURES
The Respondent's operating plan shall define a combination of proposed scheduled and
unscheduled trips anticipated to be operated in a typical week for the maintenance of traffic. A
trip transporting passenger(s) may be considered a minor violation of on-time performance if it
either: a) arrives at or departs from Pigeon Key more than 5 minutes late but less than 10 minutes
late; or b) arrives at or departs from Marathon more than 5 minutes late but less than 10 minutes
late. All other trips may be considered a minor violation of on-time performance if it either a)
arrives at or departs from Pigeon Key more than 15 minutes late but less than 30 minutes late;
or b) arrives at or departs from Marathon more than 15 minutes late but less than 30 minutes
late. Each trip may be considered a major violation of on-time performance if its arrival or
departure is in excess of these times up to one hour. Each trip arriving at its destination more
than one hour late may be considered a single incident of a missed trip.
The Respondent shall provide for the payment of liquidated damages for each instance of
violation of on-time performance or a missed trip identified by the County in accordance with
the following schedule:
. $1,000 per missed trip
. $250 per instance of major lateness
. $50 per instance of minor lateness
· $250 per day per vessel for a violation of the passenger service standards.
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.
The Respondent shall not be liable for liquidated damages for either late or missed trips in
instances caused by factors strictly beyond the control of the Respondent, such as docking
facility failure, schedule modifications approved by the County, heavy fog, requirements of the
Vessel Traffic Service and Coast Guard, law enforcement actions, medical emergencies and
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
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 Respondent's
equipment or crews, or any other such circumstances within the Respondent's control, be
an acceptable excuse for late or missed trips.
2.05 REPORTING REQUIREMENTS
The Respondent shall provide detailed daily and monthly reports with accurate information on
the ridership, departure time, and arrival time for each trip. These reports shall identify any late
or missed trips. Reports shall be submitted by fax and email in a fonnat acceptable to the
County. Daily reports are due by noon the following day, and monthly reports are due by the 5th
day of the following month.
2.06 SUSPENSION OF SERVICE
The Respondent shall suspend all services in the event that the Foundation suspends
activities on a temporary or permanent basis. The County, at its sole discretion, will
determine which days the Foundation is or is not active.
The Respondent shall be compensated only for services actually provides on days which the
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 Respondent costs incurred or revenues lost
by the interruption of service and/or suspension and restart of services.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION THREE
SAMPLE CONTRACT
THIS AGREEMENT, made and entered into this _ day of ,2007, A.D., by and
between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and
"County"), and (hereinafter called the "Contractor").
WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually
agree as follow:
1.01 THE CONTRACT
The contract between the County and the contractor, of which this agreement is a part, consists
of the contract documents.
1.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the RFP, and any addenda issued hereafter,
any other amendments hereto executed by the parties hereafter, together with the bid proposal
and all required insurance documentation.
2.0 SCOPE OF THE WORK
The Contractor shall provide ferry services between the City of Marathon and Pigeon Key as
specified in Exhibit A of this agreement.
3.0 THE CONTRACT SUM
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 six (6) 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.
4.0 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
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 no
circumstances, conditions, or situations shall this Contract be more strongly construed
against the County than against the Contractor.
B. Any ambiguity or uncertainty in the contract documents shall be interpreted and construed
by the County, and his decision shall be final and binding upon all parties.
C. The passing, approval, and/or acceptance by the County of any of the services furnished by
the Contractor shall not operate as a waiver by the County of strict compliance with the
terms of this Contract and contract documents covering the services. Failure on the part of
the Contractor, immediately after Notice to Correct shall entitle the County, if it sees fit, to
correct the same and recover the reasonable cost of such replacement and/or repair from the
Contractor, who shall in any event be jointly and severally liable to the County for all
damage, loss, and expense caused to the County by reason of the Contractor's breach of this
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Contract and/or his failure to comply strictly and in all things with this Contract and with the
contract documents.
5.0 TERM OF CONTRACT/RENEWAL
A. This contract shall be for a period of eleven (11) months, commencing
terminating , 2008.
, 2007 and
B. The County shall have the option to renew this agreement after the first term of eleven
months, and each succeeding tenn, for four additional six-month periods. The Contract
amount agreed to herein may be adjusted only by written addendum hereto executed by both
parties.
6.0 HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of
County Commissioners, the State of Florida, and the Florida Department of Transportation from
any and all claims for bodily injury (including death), personal injury, and property damage
(including property owned by Monroe County) and any other losses, damages, and expenses
(including attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the
negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in
any tier, their employees, or agents.
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 the County from any and all increased expenses resulting from such
delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
7.0 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County. No
statement contained in this agreement shall be construed so as to 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.
8.0 ASSURANCE AGAINST DISCRIMINA nON
County and Contractor agree that there will be no discrimination against any person, and it is
expressly understood that upon a detennination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. County or Contractor agree to
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: I) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis ofrace, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Ch. 13, Art. VI,
prohibiting discrimination on the bases of race, color, sex, religion, disability, 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 assign or subcontract its obligations under this agreement, except in
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 in no
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.
10.0 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Board to terminate this contract immediately upon delivery of written notice of
termination to the contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
11.0 INSURANCE
Prior to execution of this agreement, the contractor shall furnish the County Certificates of
Insurance indicating the following minimum coverages:
Worker's Compensation
Employers' Liability Insurance
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$1,000,000 combined single limit
Employee Dishonesty Coverage
(Required only if the respondent collects
a fee on behalf of the County and is obligated
to pass these funds on to the County)
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only if respondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
Pollution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
12.0 PROFESSIONAL RESPONSIBILITY
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.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
13.0 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
For the County:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
and
Monroe County Attorney
P. O. Box 1026
Key West, FL 33041-1026
For the Contractor:
14.0 CANCELLATION
The County may cancel this contract for cause with thirty (30) days notice to the contractor.
Cause shall constitute a breach of the obligations of the Contractor to perform the services
enumerated as the Contractor's obligations under this contract. Either of the parties hereto may
cancel this agreement without cause by giving the other party ninety (90) days written notice of
its intention to do so.
15.0 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES:
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State. In the event that
any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the County and Contractor agree that venue will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
The County and Contractor agree that, in the event of conflicting interpretations of 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) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereofto 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
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 law unless the enforcement of the remaining terms, covenants, conditions
and provisions of this Agreement would prevent the accomplishment of the original intent of this
Agreement. The County and Contractor agree to refonn the Agreement to replace any stricken
provision with a valid provision that comes as close as possible to the intent of the stricken
proVISIOn.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
b) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause
of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
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-pocket expenses in 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. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this Agreement,
County and Contractor agree to participate, to the extent required by the other party, in all
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 to this Agreement shall be required to 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
purposes during the term of the Agreement and for four years following the termination of this
Agreement. If an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were paid to Contractor.
17.0 BINDING EFFECT.
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the County and Contractor and their respective legal representatives, successors, and
aSSIgns.
18.0 AUTHORITY.
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
19.0 COVENANT OF NO INTEREST. 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 Agreement, and that only interest of each is to perform
and receive benefits as recited in this Agreement.
20.0 CODE OF ETHICS. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and employees
as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
acceptance of gifts; doing business with one's County; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
21.0 NO SOLICITATION/PAYMENT. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a bona fide
employee working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or finn, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration
contingent upon or resulting from the award or making of this Agreement. For the breach or
violation of the provision, the Contractor agrees that the County shall have the right to terminate
this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
22.0 PUBLIC ACCESS. The County and Contractor shall allow and pennit reasonable access
to, and inspection of, all documents, papers, letters or other 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 Agreement; and the County shall have the right
to unilaterally cancel this Agreement upon violation of this provision by Contractor.
23.0 NON- WAIVER OF IMMUNITY. Notwithstanding he provisions of Sec. 768.28, Florida
Statutes, the participation of the County and the Contractor in this Agreement and the acquisition
of any commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of
liability coverage, nor shall any contract entered into by the County be required to contain any
provision for waiver.
-
24.0 PRIVILEGES AND IMMUNITIES. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
compensation, and other benefits which apply to the activity of officers, agents, or employees of
any public agents or employees of the County, when performing their respective functions under
this Agreement within the territorial limits of the County shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents, volunteers, or
employees outside the territorial limits of the County.
25.0 LEGAL OBLIGATIONS AND RESPONSIBILITIES: Non-Delegation of Constitutional
or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the County, except to the extent permitted by the Florida
constitution, state statute, and case law.
26.0 NON-RELIANCE BY NON-PARTIES. No person or entity shall be entitled to rely
upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated hereunder, and
the County and the Contractor agree that neither the County nor the Contractor or any agent,
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate
that any particular individual or group of individuals, entity or entities, have entitlements or
benefits under this Agreement separate and apart, inferior to, or superior to the community in
general or for the purposes contemplated in this Agreement.
27,0 ATTESTATIONS. Contractor agrees to execute such documents as the County may
reasonably require, including an Ethics Statement, and a Drug-Free Workplace Statement.
28.0 PUBLIC ENTITIES CRIMES.
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 of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
By signing this Agreement, the Contractor represents that the execution of this Agreement will
not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this
section shall result in termination of this Agreement and recovery of all monies paid hereto, and
may result in debarment from County's competitive procurement activities.
In addition to the foregoing, Contractor further represents that there has been no determination,
based on an audit, that it or any subconsultant has committed an act defined by Section 287.133,
Florida Statutes, as a "public entity crime" and that it has not been fonnally charged with
committing an act defined as a "public entity crime" regardless of the amount of money involved
or whether Contractor has been placed on the convicted vendor list.
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 NO PERSONAL LIABILITY. No covenant or agreement contained herein shall be
deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and 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.
30.0 EXECUTION IN COUNTERPARTS. This Agreement may be executed in any number
of counterparts, each of which shall be regarded as an original, all of which taken together shall
constitute one and the same instrument and any of the parties hereto may execute this Agreement
by singing any such counterpart.
31.0 SECTION HEADINGS. 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.
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for
the other counterparts, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDA
By:
By:
Deputy Clerk
Mayor/Chairman
(SEAL)
Attest:
By:
CONTRACTOR
By:
WITNESS
Title:
Title:
By:
WITNESS
Title:
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
SECTION FOUR: RESPONSE FORMS
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I have read the RFP and all exhibits hereto, and agree to the terms and conditions set forth.
I acknowledge receipt of Addenda No.(s)
I have responded to all of the information requested in Section 1.10 Content of Submission
o Cover Page
o Relevant Experience _
o Services to be Provided
o Costs and Revenue
o Litigation
I have included:
o Lobbying and Conflict of Interest Clause _
o Non-Collusion Affidavit
o Drug Free Workplace Form _
o Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement
o Professional and Occupational Licenses
I have included a current copy of the following professional and occupational licenses:
(Check mark items above. as a reminder that they are included.)
Mailing Address:
Telephone:
Fax:
Date:
Signed:
Witness:
(Seal)
(Name)
(Title)
27
COST/REVENUE WORKSHEET
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
MONTHL Y EXPENSES
Total Estimated Monthly Cost
ANNUAL REVENUE
FDOT Grant
User Fees:
annual users @
annual users @
annual users @
per person
per person
per person
Total Annual Revenue $
Total Estimated Monthly Revenue (Annual Revenue + 12 months) $
Note: Total monthly revenue should equal or exceed total monthly cost
28
AMOUNT
$
$
$
$
$
$
$
$
$250,000
$
$
$
RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former County officer or employee".
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
(name of affiant). He/She is personally
known to me or has produced
as
identification. (type of identification)
NOTARY PUBLIC
My commission expires:
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am
of the firm of
the bidder making the Proposal for the project described in the Request for
Qualifications for:
and that I executed the said proposal with full authority to do so,
2. The prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor;
3. Unless otherwise required by law, the prices which have been quoted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by
the bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor;
4. No attempt has been made or will be made b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition; and
5. The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements
contained in this affidavit in awarding contracts for said project.
(Signature of Respondent)
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this _ day of 20_.
NOTARY PUBLIC
My Commission Expires:
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees for
drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of guilty
or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled
substance law of the United States or any state, for a violation occurring in the workplace no
later than five (5) days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
Respondent's Signature
Date
NOTARY PUBLIC
My Commission Expires:
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
Respondent's Insurance and Indemnification Statement
Reauired Covera2e
Worker's Compensation
Employers' Liability Insurance
Reauired Limits
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease, each employee
Jones Act Coverage
$1,000,000 per occurrence
Vehicle Liability
(Owned, non-owned and hired vehicles)
$1,000,000 per occurrence
$1,000,000 combined single limit
General Liability, including
Premises/Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
$1,000,000 combined single limit
Employee Dishonesty Coverage
(Required only if the respondent collects
a fee on behalf of the County and is obligated
to pass these funds on to the County)
$10,000 per Occurrence
Garage Keepers Legal Liability
(required only if respondent provides
valet parking service as part of activities.)
$1,000,000 Combined Single Limit
Water Craft Liability
$1,000,000 times maximum
passenger rating
(50 passengers - $50,000,000 limit)
Pollution Liability Insurance
$1,000,000 per occurrence
$2,000,000 aggregate
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements.
Respondent
Signature
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RFP For Temporary Ferry Service Between the City of Marathon and Pigeon Key
INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the bidder named below. The following
deductibles apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liability policies are _Occurrence
Claims Made
Insurance Agency
Signature
Print Name:
33