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2nd Amendment 05/17/2017\ \ \\X 1 i 11 1 Kevin Madok, CPA Clerk of the Circuit Court & Comptroller — Monroe County, Florida DATE: June 26, 2017 TO: Breanne Erickson Engineering Services FROM: Painela G. HancoC. SUBJECT: May 17di BOCC Meeting Enclosed is a duplicate original of Itein C24, Amendment 2 to Contract with Paradise Divers, Inc. for Temporary Ferry Service between die City of Maradion and Pigeon Key, extending die expiration date to June 30, 2018, for your liandling. Should you leave any questions, please feel free to contact me at ext. 3130. Thank you. cc: County Attorney Final ce File✓ KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 305- 294 -4641 305- 289 - 6027 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305- 852 -7145 AMENDMENT 2 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this I q day of MW 2017 between Monroe County, whose address is 1100 Simonton Street, Key West, FL 33040, hereafter the "COUNTY ", and PARADISE DIVERS, INC., whose address is 31243 Avenue E, Big Pine Key, FL 33043, hereafter the "CONTRACTOR ". WHEREAS, on the 10 day of June, 2015, the parties executed a contract authorizing the Contractor to perform temporary ferry service between the City of Marathon and Pigeon Key; and WHEREAS, on the 18 day of May, 2016, the parties amended the contract to extend the contract expiration date for an additional year; and WHEREAS, the current contract expires June 30, 2017 but the County has the option to renew the contract and both parties mutually agree to a contract extension; NOW THEREFORE, in consideration of the mutual promises and considerations, the parties agree to County's option to renew the contract and to amend the contract as follows: Section 5.0 A. TERM OF CONTRACT/RENEWAL shall be amended to read as follows: This contract shall be extended for a period of twelve months, commencing July 1, 2017 and terminating June 30, 2018 in accordance with subsection B below. 2. Section 22.0 PUBLIC ACCESS shall be amended to add the following: Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. Amend. 2 Paradise Divers Page 1 of 3 (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - BRIAN @MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 111112 T11 Street, SUITE 408, KEY WEST, FL 33040. Amend. 2 Paradise Divers Page 2of3 3. In all other respects the Contract dated June 10, 2015 as amended on May 18, 2016 remains in full force and effect. WHEREOF each party hereto has caused this Contract to be executed by its duly u � I ofi re th ' ia n"ntative. tg" I A NA K, CLERK 7 B y: Deputy Clerk V R V BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By �4 �� Mayor/Chairman PAR7 DIVERS, INC. By� Title. 0 N R 0 E C � . " �, !_V AFT 0 R N E Y CHR!STNE 1! F,,` BERT. BARROWS A S S 1,c) — 1, A N'T '"TORNEY Date CM CD CD -7 LLJ C) C+J 55 -C-) cn CD Amend. 2 Paradise Divers Page 3 of 3 A DATE (MM /DD/YYYY) �� " ® CERTIFICATE OF LIABILITY INSURANCE 2/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Alina Chia o NAME: pp NSI Insurance Group PHONE (305)556 -1488 FAX (305) 556 -3680 (A /C,No. ExtI: __ -- __ -- IJA/C, No): _ 8181 Northwest 154th Suite 230 E - MAIL alinac @nsi rou ADDRESS: g p' or g INSURER(S) AFFORDING COVERAGE NAIC # Miami Lakes FL 33016 INSURERA:Great Lakes Reinsurance (UK) Grlake INSURED INSURER B : Paradise Divers Inc. INSURERC: INSURER D : 31243 Ave E INSURERE: Big Pine Key FL 33043 1 INSURER F: rOVFRAGF.R CFRTIFICATF NIIMBFR-CL1622511156 RFVISION NLIMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAI CLAI LTR ,.. � - - POLICY D EXP ! LIMITS IN TYPE OF INSURANCE INSD UBR POLICY NUMBER MMIDDIYYYY MMIDDIYYYY COMMERCIAL GENERAL LIABILITY E ACH OCCU $ 1,000,000 - - - A CLAIMS- MADE' OCCUR DAMAGE TO RENTED ,_ PREMISES JEa occurrence) $ X Incl_ Passenger Liability CSRYP /160561 . _ ! 2/23/2017 2/23/2018 MED EXP (Any one person) $ X Incl Crew Liability _ -, ',. PERSONAL & ADV INJURY $ G_E_N MI APPLIE S PER. 'P AGGREGATE MO- GENERA AGGREGA GREG_A $ 1,000 , 000 OCP JE LOC PRO COMP /OP AGG , $_ _ --- -- _ OTHER Unisured Boater $ 100,000 AUT OMOBILELIABILITY aaci $ i ANY AUTO, Per BO INJURY (Per _ _ __$_ _ - ALL OWNED SCHEDULED AUTOS ''. AUTOS BODILY INJURY (Per accident) $ - '., NON -OWNED PROPERTY DAMAGE HIRED AUTOS i - ,�, j AUTOS $ accident ) a UMBRELLA LIAB OCCUR '�. EACH OCCURRENCE S EXCESS LIAB CLAIMS MADE _ -- I AGGREGATE $ DED RETENTION $ WORKERS COMPENSATION O H 1 STATUTE ER D EMPLOYERS' LIABILITY Y I N -- - -- -- - - - - ANY PROPRIETOR /PARTNER /EXECUTIVE ! L E EACH ACCIDENT t $__ N I A -. in (M E L DISEASE - EA EMPLOYEE $ - ! yes, describe under DESCRIPTION OF OPERATIONS below ") E.L. DISEASE - POLICY LIMIT $ 1988 30' Island Hopper Hull Value 52,000 "Paradise Diver IV" DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Dive boat operation located at 1 Knights Key Blvd, Marathon, 0 Overs s H Marathon FL 4APP RISK NT N C C : T4 ' Q, AUUI 1 IUNAL IN5UMtU GANGtLLA I IUN I Monroe County BOCC 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE car Seikaly /ALINA <f::)i<_ . -n-- S ©1988 -2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD INS025 (201401)