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Item C13BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: June 10, 2015 Division: Public Works Bulk Item: Yes X No Department: Engineering Staff Contact /Phone #Judy Clarke X4329 AGENDA ITEM WORDING: Approval to execute a Contract with Paradise Divers, Inc. for the Temporary Ferry Service Between The City Of Marathon and Pigeon Key. ITEM BACKGROUND: FDOT has agreed to fund repairs to the Old Seven Mile Bridge with the arovision that the Cito 1fMarmammm7mmmu .p Yr-d 09 Pig�407 Foiuk&Ow wz,,,uli V1 fund the Pigeon Key Ferry Service until the bridge repair construction project is complete. Monroe County staff advertised a Request for Competitive Solicitations in February 2015 in which Paradise Divers, Inc. was the only respondent. The current ferry service contract with Paradise Divers, Inc. wil expire on June 30, 2015. 1 PREVIOUS RELEVANT BOCC ACTION: BOCC approved entering into a Joint Participation Agreement with FDOT to provide an additional three (3) years of partial ferry funding at the May 2015 meeting. BOCC approved Amendment 3 to the Interlocal Agreement with the City of Marathon to provide an additional three (3 )) years of partial ferry funding at the May 2015 meeting. TOTAL COST: $231,249.4 BUDGETED: Yes X No COST TO COUNTY: $87,500.00 SOURCE OF FUNDS: FDQT/City of Marathon/Rind 125 REVENUE PRODUCING: Yes — No X AMOUNT PER MONTH $19,270.83 Year APPROVED BY: County At��k_ OMB/Purchasing "is k Management& DOCUMENTATION: Included X Not Required DISPOSITION: AGENDAITEM# CONTRACT SUMMARY Contract with: Paradise Divers, Inc. Contract # Effective Date: July 1, 2015 Expiration Date: June 30, 2016 Contract Purpose/Description: Temporary ferry service between the it of Marathon and Pigeon Key. Contract Manager: Judy Clarke 4329 Engineering/#I (Name) (Ext.) (Department/Stop #) for BOCC meeting on June 10, 2015 Agenda Deadline: May 26, 2015 Total Dollar Value of Contract: $ 231,249.40 Budgeted? YesH NoF] Account Codes: Grant: $ 125,000/17,343. 75/1,406.25* County Match: $ 87,500.00 Estimated Ongoing Costs: $ (Not included in dollar value above b,c 5-1 -) - 15��6 2 ADDITIONAL COSTS For: (eg. maintenance, utilities, janitorial. salaries, etc. 141910 Changes ate In N e e*d Division Director 211,5 Yes[:] No Risk Management �-5YesE]NoD O.M.B.[Purchasing �1ISYes❑ NoEf �), ��)i 1 T7) YesE] N County Attorney OEQ Date Out R vie r Comments: *$125,000.00Grant from FL Dept. of Transportation. $17,343.75 is contributed by the City of Marathon. $1,406.25 is contributed by Pigeon Key Foundation 513 1 i 11 1111'lii I'M 1 040111111111111 Is 151 rem THIS AGREEMENT, made and entered into this _ day of 2015, A.D., by and between MONROE COUNTY, FLORIDA (hereinafter sometimes called the "County" and "County"), and Paradise Divers, Inc. (hereinafter called the "Contractor"). WITNESSED: That the parties hereto, for the consideration hereinafter set forth, mutually agree as follow: The contract between the County and the contractor, of which this agreement is a part, consists of the contract documents. 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 TM-=9!lM=MM pronoR--V-51� specified in Exhibit A of this agreement. The County shall pay to the Contractor for the faithful performance of said service on a per month in arrears basis on or before the last day of the following month in each of twelve months. The Contractor shall provide the County with documentation to support the income earned by the Contractor from the services provided, to which shall be applied the rates set forth in Exhibit A of this agreement. A. All contract documents have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under nit circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor. damage, loss, and expense caused to the County by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the contract documents. A. This contract shall be for a period of twelve months, commencing July 1, 2015 and terminating June 30, 2016. B. The County shall have the option to renew this agreement after the first term of twelve months, and each succeeding term, for five additional twelve-month periods, or until completion of repairs to the Old Seven Mile Bridge and the Ramp to Pigeon Key. The Contract amount agreed to herein may be adjusted only by written addendum hereto executed by both parties. 6.0 HOLD HARMLESS The CONTRACTOR covenants and agrees to indemnify and hold harmless COUNTY/Monroe County and Monroe County Board of County Commissioners, its officers and employees from liabilities, damages, losses and costs, including but not limited to, reasonable attorneys' fees, to the extent caused by the negligence, recklessness, errors or other wrongful conduct of the CONTRACTOR, subcontractor(s) and other persons employed or utilized by the CONTRACTOR in the performance of the contract. 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. 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 he shall hold the COUNTY harmless and shall indemnify him from all losses occurring thereby and shall further defend any claim or action on the COUNTY'S behalf. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR'S failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delays. Should any claims be asserted against COUNTY by virtue of any deficiencies or ambiguity in the plans and specifications provide by the CONTRACTOR the CONTRACTOR agrees and warrants that CONTRACTOR hold the COUNTY harmless and shall indemnify it from all losses occurring thereby and shall further defend any claims or action on the COUNTY'S behalf. The extent of liability is in no way limited to, reduced or lessened by the insurance requirements contained elsewhere within the Agreement. In the event that any claims are brought or actions are filed against the County with respect to the indemnity contained herein, the Contractor agrees to defend against any such claims or actions regardless of whether such claims or actions are rightfully or wrongfully brought or filed. The Contractor agrees that the County may select the attorneys to appear and defend such claims or actions on behalf of the County. The Contractor further agrees to pay at the Contractor's expense the attorney's fees and costs incurred by those attorneys selected by the County to appear and defend such claims or actions on behalf of the County at both the trial and appellate levels. The County, at issole option, shall have the sole authority for the direction of the defense, and shall bethe sole judge ofthe acceptability mfany compromise orsettlement of any This indemnification shall survive the expiration or early termination of the Agreement. Atall 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. 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 autnnnodiom||y terminates without any further action onthe part ofany party, effective the date ofthe court order. County orContractor agree to comply with all Federal and Florida *tatutee, and all local ordinanceo, as app|icab|e, relating to nondiscrimination. These include butane not limited to: 1)Title V| ofthe Civil Rights Act of 1984 (PL 88-352)vxhioh prohibits discrimination on the basis of race, color or national origin; 2) Title |Xofthe Education Amendment of1872. oaamended (2O USCms. 1881-1683. 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 of1975.aoamended (42USCua. 6101-6107)vxAioh prohibits discrimination on the basis of age; 5) The [}rug 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 mf 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7\The Public Health Service Act of1812.ae. 523and 527(42UGCaa.O9Odd-3and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title V||| ofthe Civil Rights Act of1S88(42 USCe. etoeq.). as amended, relating to nondiscrimination in the ao|e, rental or financing of housing; S\The Americans with C)|oab||it|en Act of 1980 (42 USC e. 1201 Note), as maybe amended from time totime, relating to nondiscrimination mnthe basis mfdisability; 1O) Monroe County Code Ch. 13.Art. V|. prohibiting discrimination on the bases of race, oo|or, eex, re|i0ion, dioab||itv, 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, orthe 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 beincorporated byreference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions ufthis agreement. Unless expressly provided for therein, such approval shall inno manner or event be deemed to impose any obligation upon the Board in addition to the tota' agreed -upon price of the services/goods of the Contractor. ig� 1� MWIlEff M111TETTIMOP RIMER. NMI, Me, OF Dellel-, Mal 15 IlGe[15eU LU U151111U55 III LIM: OLdle UT rlUUIUa aFIU ElIaL FIE15 d1l al&elll F114 biel process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. I I&INW1111161M INI 1101vill 1t;101111VAIwille - Jones Act Coverage Vehicle Liability (Owned, non -owned and hired vehicles) General Liability, including Premises/Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability . . . . . . . . . . . . . . . a&L%-i Water Craft Liability Statutory Limits 0,000,000 Accident 0,000,000 Disease, policy limits $1,000,000 per occurrence 911911111 $1,000,000 times maximum passenger rating (50 passengers - $50,000,000 limit) $2,000,000 aggregate CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY aean additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. If the CONTRACTOR participates in a self-insurance fund. o Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the COUNTY. The Contractor warrants that itioauthorized by law to engage inthe performance of the activities encompassed bxthe project hereindescMUed.eubieottoUleternloondoondUUonaset forth inthese contract documents The Contractor shall mtall times exercise independent, professional judgment and shall assume professional responsibility for the services tobe provided. Continued funding by the County is contingent upon retention of appropriate local, etate, and/or federal certification and/or |icenaure of contractor. Any notice required or permitted under this agreement shall be|nwriting and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the For the County: Monroe County Administrator a 1100 Simonton Street Key West, FIL 33040 F the Contractor: Monroe County Attorney P.0. Box1O26 Key West, FIL 33041-1026 The County may cancel this contract for cause with thirty (30) days notice to the contractor. Cause shall constitute abreach ofthe obligations oftheContnactorhzoerfonntheeen/iceo enumerated aethe Contractor's obligations under this contract. The County may cancel this agreement without cause by giving the other party ninety (90) days written notice of its intention todoso. 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 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 Countv, Florida. The County and Contractor agree that, in the event of conflicting interpretations of the terms or aterm ofthis Agreement byorbetween any ofthem the issue shall besubmitted tomediation prior tothe institution ofany other administrative orlegal proceeding. a) Severobi|itv. |Yany term, covenant, condition orprovision ofthis Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent byacourt mfcompetent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision ofthis Agreement shall be valid and shall beenforceable tothe fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions ofthis Agreement would prevent the accomplishment ofthe original intent ofthis Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with ava||d provision that comes aeclose ee possible to the intent ofthe stricken provision. b\ Attorney'oFees and Costs. The County and Contractor agree that inthe event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement orinterpretation ofthis Agreement, the prevailing party shall be entitled to reasonable attorney'efees, court costs, investigative, and out'of-pocket expenses, aaanaward against the non -prevailing party, and shall include attorney's fees, courts costs, investigative, and out-gf-poohetexpenses inappellate 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. |nthe 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 orprovision mfthe 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 tothis Agreement. 16.0 RECORDS. Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement inaccordance 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 five years after final payment is made. 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 bythis 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. 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. i [;Tl�±l 1 h d M [0] :1 k this Agreement have been duly authorized by all necessary County and corporate action, as required by law. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. County agrees that officers and employees of the County recognize and will be required to Fir i i I 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. I =00111110111rlrel-w M, prollsions of u apter i ia, rion LdLILUb, dilti MdUtl U1 Me k�-,11177 mmm, man "It, in conjunction with this Agreement; and the County shall have the right to unilaterally cancel this Agreement upon violation of this provision by Contractor. Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: (s) Keep and maintain public records that ordinarily and necessarily would be required by Monroe County inorder toperform the service. (b) Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and adacost that does not exceed the cost provided in Florida Statutes, Chapter 118oraaotherwise provided bylaw. (o) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (d) Meet all requirements for retaining public records and transfer, at no coat. to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. Notwithstanding he provisions of Sec. 768.28. Florida Gtatutee, 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 bedeemed awaiver ofimmunity tothe extent ofliability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. All of the privilegesand 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 ofsuch officers, agents, volunteers, mremployees outside the territorial limits ofthe County. Non -Delegation of Constitutional or Statutory C)utied. 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 bvlaw except tothe extent ofactual and timely performance thereof bv any participating entity, in which case the performance may be offered in satisfaction of the obligation orresponsibility. Further, this Agreement ionot intended to, nor shall itbeconstrued as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida conntitution, state atatute, and case law. Noperson orentity shall beentitled torely upon the terms, orany ofthem, ofthis Agreement to enforce orattempt tm 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. 27.0 ATTESTAT|ON& Contractor agrees to execute such documents as the County may reasonably require, including onEthics Statement, and aDrug-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 e bid on contracts to provide any goods orservices to a public entity, may not submit a bid onocontract with mpublic entity for the construction orrepair of a public building or public vvork, may not submit bids on |eooeo of nma| property to public ent|ty, may not be ovvanjed or perform work as m con1ractor, eupp|ier, suboon1rao1or, 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 of36 months from the do0a 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 207.133. Florida Statutes). Violation of this section oheU result in termination of this Agreement and recovery of all monies paid henatm, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determmination, based on an audit, that it or any auboonau|tont has committed an act defined by Section 287.133, Florida 8totuteo, as m "public entity crirne" and that it has not been formally charged with committing on 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 subcmmsmNtam8imformally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 29'0 E-VERIFY The Contractor and any subcontractors performing work or providing services pursuant to this contract will utilize the U.S. Department of Homeland Security's E-Verify system tm verify the employment eligibility of all new employees hired by the Contractor or any subcontractors during the contract term. (Executive Order Number 2011-O2) 30.0 NOPERSONAL 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. --------- --- - - =�t =F�rETWTiVi 11 - first written above in four (4) counterparts, each of which shall, wiihout proof or accounting for — the other counterparts, be deemed an original contract. (SEAL) Attest: AY HEAVILIN, Clerk By: Date: WITNESS - BY: y 71A BY:: 0 11 il 0 - '*;0g 0lam ,•JM Ji L1 0 1 ri•=111*111 � I CA 21kM I b ' PARADISE DIVERS, INC. By: k kq �� 6 1 j Title: )�o ►I et 6l MONK PPR; TO FORM -.1 - e -RAo-c-'a . xt�lrl� k W LIMBERT-BARROWS ASSIST. I" JP-: BASE SERVICE Ferry Service Requirements The service oheU consist of two cornpomente, passenger transport and goods transport, as described below. The Contractor shall be responsible for providing all otoffing, vaase|s, and associated equipment and services necessary tooperate the service. 1' PassengerTrmmmpont 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 of1OAMand 4PM atheadxvaygnogreater than 90 minutes supplying a functional capacity of 22 passengers per 90 minute interval in each direction. a. Educational Groups The Foundation provides educational programs year-round on a prearranged basis. There are typically 85 educational groups per year, ranging insize from 15bz7O persons per group. Educational groups will not be charged a user fee for ferry service. The monthly fee to be paid to the Contractor for Base Service will include transportation for educational groups on regularly scheduled service to the extent possible. Base service fee will include upto84 additional round trips to accommodate educational groups that cannot be accommodated inthe regularly scheduled services. The cost for additional vessels tmmove educational groups that cannot be accommodated |nthe regularly scheduled service beyond the 84 additional round trips will be paid separately as detailed below. b. Historic Tours The Foundation provides historic tours for the general public every day of the year. There are on average 16 persons daily on historic tours with a recorded high of 50 persons on one day. Contractor will provide service to Pigeon Key on a 90 minute fixed schedule between 1Oanmand 4pmndaily. c. Guest House Use The Foundation provides overnight use ofthe Guest House onPigeon Kevmna 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 Uptofive staff members remain |nresidence onPigeon Key. Staff access will be accommodated within the base service in a manner that shall not, in the sole opinion ofthe County, unreasonably disrupt Foundation operations. 2. Goods Transport The Contractor shall provide all labor and equipment necessary for the safe, reliable and environmentally secure transport, loading and off-loading of goods between landinit 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. Consurnables Foundation operations require regular delivery of diesel and propane fuel, food, and other consurnables to Pigeon Key and the removal of trash, garbage and other rubbish to Marathon on a regular basis. All fuel, food and conaumneb|eewill be delivered tothe landing facility inMarathon 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 beperformed |ncompliance with all |ouo|, state and federal |evve. 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 bmrequired bydemand toberemoved ea 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 upbyorefuse hauler at|andsidefacility will bmpaid byPigeon Key ienot included in monthly cost. Fuel, trash, garbage and rubbish will not be transported onthe same ferry trip os passengers. Vessels used to transport garbage and fuel will be appropriately cleaned prior toreuse for passenger transport. Monthly fee for transportation of passengers and/or goods from the hours of 10:00 ArIl tFro—u-g7-I �:00 PM as described in Base Service: $19,271 per month Based on $ 633.56 per day for 365 days per year Additional trips as needed for educational groups Up to 84 round trips per contract period included in base service $160 per round trip (30 days notice required for additional trips) Contractor will not impose a user fee for passengers and goods transported as part of the Base FTTDTDaffr*17_��� Special Equipment Transport As directed by the County, the Contractor will provide for transport of bobcats and backhoes (1,700 lbs) to repair island facilities during post -hurricane event periods. Equipment Transport Cost: $ 4,500 per occurrence Passenger Transportation - Pigeon Key Foundation Sponsored Events The Contractor will provide ferry service during Foundation sponsored events with sufficient 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 events, such as timed boarding passes. The cost associated with passenger transportation for Foundation sponsored events will be borne exclusively by Pigeon Key Foundation. Cost per vessel per day: Based on the number of Round Trips at the extra trip cost below. Goods Transport for Pigeon Key Foundation Sponsored Events Contractor will provide transportation for other materials needed to support Foundation activities. Special delivery requirements associated with Foundation sponsored events may require delivery of tents, tables, chairs and other similar material and catering supplies on the day prior to the event and the removal of the same the day after the event. These requirements will be identified by the Foundation no less than 30 days prior to the event. To the extent possible, items will be transported on regularly scheduled trips at no extra cost. When additional trips are required the cost will be borne exclusively by Pigeon Key Foundation. Cost for Extra Trip: 1150 per round trip Passenger Transportation for Contracted Functions The Contractor will transport groups for contracted events (weddings, proms, retreats, private parties) on a prearranged basis throughout the year. The Contractor will be able to transport up to 176 people within a 90 minute timeframe using several vessels if required. A minimum of 30 calendar days advance notice will be provided for contracted functions. The transportation cost for contracted functions will be borne exclusively by the contracting group. 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: 1150 per round trip OPERATIONAL REQUIREMENTS The Contractor will perform the scope of services in accordance with the operational requirements outlined below. Passengers will be required to sign a liability release form prior to departure ofthe vessel from the dock. VESSEL REQUIREMENTS The Contractor will use vessels that are compatible with the landing facilities inthe City of Marathon and existing facilities mnPigeon Kev. All vessels must carry a valid Certificate of Inspection from the United States Coast Guard and must comply with all safety and accessibility |oxve, regu|mtiona, and requirements pertaining to the transport ofpassengers and goods, aoapplicable tothe intended use ofeach vessel inthe Contractor's operating plan. Proposed vessels are subject tmapproval bythe County. Vessels must be equipped to safely and efficiently operate year round in the navigational and weather environment of the Florida Keye, ino|uding, but not limited to, dense fmQ, high vv|nd, aqum||e. 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 reaƒroonnfacilities, good lighting, waste receptacles,and an audible public address system. The County will provide for access toand use ofexisting landing facilities on Pigeon Key. The Contractor will provide for access toand use of docking facilities at Knight's Key Boulevard, Marathon, FL 33050. Landing facilities at Pigeon Key Inform;tion Center 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 mm|n|mnuno, this plan shall address docking, vessel operations, passenger and/or goods boarding and discharge plan, emergency procedures, and aprojection forthe|engthofƒheomntrootofthg 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 inthe provision ofservices under this agreement. The Contractor will provide o program of random drug and alcohol testing for the duration of this agreement consistent with the requirements ofthe Federal Transit Administration. I W4V Wei " 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. 1111-0 Z 0 Z . - - 0 0 . 4 1 6 0 - ISIZ42(619 INIA 141z][619VNI 116-,�M;Lem 19 1 011LAE-71 Bill I [zle IWAI 117-101-419 111 0 $1,000 per missed trip 0 $250 per instance of major lateness a $50 per instance of minor lateness 0 $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. Mir-WOr-4M1,7111 MOM M-e - F z W Wei F9 M.M. OM me a I U-Me ms up- N W an acceptable excuse for late or missed trips. 1:4:4 Wei :4 racior s prollo 1 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 month. At its sole discretion the CountiN niWi require daily re -,torts to be submitted by noon on the following day. W 0 a . 0 4 - a . - a 1 4 - 0 1 0 - 0 M"Will - 0 a - I 1 4 a - 4 # - 11 - a - gig figm-laws; a i Foundation is active. The val . ue 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. Paradise Divers, Inc. RFP - Temporary Ferry Service March 18, 2015 Fmeo6e-t�e ee-�&&f tuTVra--�a tck 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 Captain, the name of av-tain will brief all of the passengers of the safety equipment location and usage, as required by the U.S. Coast Guard. passengers, the weather conditions, the route of the vessel, the number of trips per day, and the Post Trip Procedure information. 0XVIL4140MO-Ly 11,11:410TAMOLIMIX19 I. A FtOMM-TITIrcre-5 M. The transportation of educational groups, their arrival and departure schedules and transportation needs are currently in our plans and performance. We coordinate on a daily basis with the Pigeon Key staff to determine planned vs. actual arrival times of the groups and the planned departure times depending on their schedules and activities. This is already a part of our operational procedures. Educational groups are accommodated at no charge for transportation to the Island and return during h the normal operating hours. Many groups are large and utilize a tour bus. We have the ability to ire additional vessels, if needed, to move the entire educational group. We can open the gate adjacent too the "Train" to allow the bus to enter Knights Key through a delivery entrance to discharge the childreni and their luggage immediately adjacent to our dock and vessels. This makes the arrival of the groups more organized., the guests and students are in one location, and the vessels are right there at the do There is no need to carry luggage any distance. We have arranged this as part of our service. Transporting these groups at hours other than during school hours is not an issue. We have transport groups as early as 5:30 A.M. and as late as 11 P.M. We are as flexible as possible to accommodate n - Pigeon Key and want to make sure that their guests and students have a great experience while visiti I Paradise Divers, Inc. RFP - Temporary Ferry Service March 18, 2015 • Historic Tour participants average less than 16 passengers per tour. This is documented. During unusually busy times the participation may be higher, • this is manageable and infrequent. The current tour schedule is very efficient for the Foundation. We also have made adjustments for emergency situations where a tour guide is unavailable, the train staff is unavailable, etc. In situatio such as these we have trained our staff to contact the Executive Director and determine the most ,2ppropriate course of action. Our staff can fill a temporary void when needed. Contracted Functions and Guest House Use: RFP: Pg 16, 1. c. and d. In lieu of the Art Festival, we provided transportation for a function at Pigeon Key for which over 800 people were invited. We were able to provide transportation for each and every person that attended that function. The wait time for an one cerson w no one was unduly delayed and everyone who wanted to be off the Island at a certain time was accommodated. Our last trip • -• Key to Knights Key was at 1:00 A-M. This event was a huge success for Pigeon Key Foundation. We are able to transport up to 200 people within a 90 minute timeframe. Contracted Functions and Guest House Use 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 the 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 ♦. services with the reservations and requirements of the group that has reserved the Island. Depending on the schedule approved by Pigeon Key, these groups can be integrated during the base service hours of 10 AM 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 determine t e r Foundation staff reqularll,! utilizes the ferrI�%.gw. 21jit:-o;5�2ffr, T- I " f #Ai A.M. trip that is beinW-erformed at no charge-TKe1A"-ew4 �,Fpj, needs to leave or return to the Island. Many times the staff person will contact the captain on duty and let them know their plans. We have a very good rapport with Pigeon Key staff and communication is assential. 0 Paradise Divers, Inc. 10 RFP - Temporary Ferry Service is Between Marathon and Pigeon Key March 18, 2015 Emergency Access: RFP-. Page 16, 1. f. elk Three of our'captains reside in Marathon. An emergency response time to evacuate people would be W travel time from their home to the vessel dockage and then to Pigeon Key. Depending on traffic, time of day or night, this time will vary, but will usually be close to 30 minutes. If a captain has to travel from Big Pine, that increases the response time to 45 minutes. There are currently two small un-inspected vessels docked at the Pigeon Key Island dock for staff use. The staff is trained to run, navigate, and evacuate the PL Island in case of emergency. Larry Wright is First Aid and CPR instructors and have certified the staff of 7 Pigeon Key in these areas. That would also meet the requirement of the Fire Marshall, In an emergency, like anywhere else in the Florida Keys there is air evacuation available (this has already been implemented and a helicopter has landed at Pigeon Key for testing and experience purposes). Also available are Florida Fish and Wildlife, Florida Marine Patrol, and the U.S. Coast Guard. For guests who stay on Pigeon Key, they complete liability releases. For an emergency evacuation, we have an on call person 24 hours per day and 7 days per week. Emergency medical personnel can meet us at the dock and accompany us to Pigeon Key to have immediate professional medical assistance. In addition, our boats carry first aid kits and oxygen on every trip, Goods Transportation for consurnables can be accomplished either prior to 10 AM or after 4 PM. Items such as food and other supplies are transported when passengers are not present on the vessel during the 10 AM to 4 PM time schedule. In our experience, on a daily basis, there will not be passengers on every available trio, time d * t h e o 2 e r a t i n Z,�2 transporting non -hazardous goods and supplies. We also check in the food that is delivered. We match the cases of food delivered to the delivery invoice as we are loading the boxes onto the vessel. If we dic not do that and the order was short, it would be difficult for Pigeon Key to correct the situation. Items such as diesel fuel, propane fuel, and the removal of rubbish would be done prior to moving any guests or 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 SW! Environmental First Response Company. In accordance with our Post Trip Boat Procedures, the vessel i! washed, scrubbed, and disinfected each night. This procedure is required. We do this after each trip on our vessels, and therefore is alreacl� an established rrocedure. We have trans�t-711,aec[-oAu,4mW,;i-?SjbL*--A'L.if of diesel fuel between Knights Key and Pigeon Key during the past seven years. We have removed over 5,000 bags of trash, plus washing machines, refrigerators, furniture, building materials, propane, and debris. Fuel is transported at times that is most convenient for the island. We have a very efficient communication system in place to confirm the fuel level at the island and usage. Depending on which generator is running, the fuel consumption rate changes. On the Marathon side, fuel is delivered to the "Train" storai,:11 11 f i lffl� Mill 11 , A I 1 11 1 1 1 :i Paradise Divers, Inc. RFP - Temporary Ferry Service March 18, 2015 N I no 117FIAM141 We plan our fuel deliveries to make sure that the Island has enough fuel for several days. Especially during periods of bad weather, high winds and seas, we make sure that the Island will have fuel to sustain their needs. - We haul trash/garbage on our return to the "Train" dock after the first trip of the day. There are no passengers on this tri We have time to clean and disinfect the boat Drior to tVe TeYt DaSSeTV ,pr e garoage at fffe—To—cff—and tnat it will be promptly removed. This way no guests actually see any trash. In order to eliminate duplicate expenses, we utilize the clumpster at the Pigeon Key "Train". This clumpster is sufficient for the trash from the Island. 'HI TfW T.TUT1dS_eF_WL77_ :: I T ering supplies, service technician's equipment, is accomplished regularly. Scheduling delivery of these goods is planned in advance and integrated with the daily activities of the Island using effective communications and scheduling. We have the ability to let the large delivery trucks enter Knights Key through a separate delivery gate. The goods are off loaded in close proximity to our dock and vessel. We load and unload the supplies for Pigeon Key. The goods are then transported to Pigeon Key and off loaded at the dock by our staff working closely with Pigeon Key staff to suit their time and schedule. Paradise Divers has the ability to contract to move bobcats, backhoes (up to 1,700 lbs) to repair Island facilities during post hurricane event periods. SERVICE REQUIREMENTS: RFP: Page 17, B. Vessel Requirements Paradise Divers currently owns and operates both of the vessels as the current Temporary Ferry Service between Marathon and Pigeon Keys and has for the past 7 years, Our vessels are U. S. Coast Guard certified and inspected. Their intended use is on the Atlantic and Gulf waters of the Florida Keys. The draft on both Paradise Diver IV and Paradise SeaDiver is 32 inches. 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, or other unsafe operating conditions, as issued by the National Oceanographic and Atmospheric Administration or other marine safety organization. We consistently listen to these broadcasts and follow the recommended safet,­ advisories and our experience, there are dangerous sea states in which a reasonable person would not run passengers or goods, we have the sole discretion to suspend or postpone a trip or trips. In these instances, there will be no damages liable by Paradise Divers. In addition, if a trIlp transporting passengers is late, by any amount of time, due to the late arrival of a passenger, the delay caused by a Pigeon Key staff; 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. Paradise Divers, Inc. RFP - Temporary Ferry Service March 18, 2015 Docking facilities at the Pigeon Key Island dock are sufficient for our operation. We have modified the dock by adding bumpers between the vessel and the dock, for safety. The dock at the Pigeon Key "Train", which is at Knights Key, has also been modified by adding bumpers between the vessel and the dock for safet�,j, Additional cleats have bee-,W-.6it, at both docks, so any additional modifications would not be necessary. Again, we have a current for dockage rental at Knights Key and have for 7 years while serving as the Temporary Ferry Service between Marathon and Pigeon Key. I M a tuu;T-f raWMSR$T9A" ,- - - I - . I I YT�WKWM this ferry operation. See copies of the attached Florida Department of State Annual Report, Monroe County Business Tax Licenses, and the Florida Vessel Registrations. Our performance over the past 7 vears has exceeded evea one's expectations. All of our rtaff wea " I T—qkslw�-7&7 M". eht and embroidered with "Pigeon Key Ferry Service". At our cost, we have lettered our vessels "Pigeon Key Ferry". I WEV"VIAR -I - - fflrF7M1Tqn7- - - - - currently enrolled in this program and are randomly required to r• drug tested. This established drug testing program is administered by The Maritime Consortium, Inc. Paradise Divers, Inc. Temporary Ferry Service March 18, 2015 ='" port: oLassenger transportation will be provided between the "Train" dock at Knight's Key and the Pigeon Key dock at the island. We have a contract in place with Knight's Key Marina for dockage at this facility. Since we currently perform these exact services, the routes between the two docks are very well known. Depending on wind and seas, there are three routes available; one on the North side of the 7 Mile Bridge, one on the South side of the new 7 Mile Bridge, and one that starts on the south side and cuts through the middle of the 7 Mile Bridge. The route that is always preferable is the one on the lee side of the wind and seas. Therefore, each day and each trip requires our captains to analyze the wind, currents, and seas and take the 91 mi-2 v-c--?rr-iiuuj#J , I passengers, plus two crew. The two mile trip between the two docks is a 10 to 15 minute travel time. Each boat individually exceeds the functional capacity of 22 passengers per 90 minute interval in each directiov. Vessels and Current Landing Facility: Paradise Diver IV and Paradise SeaDiver are both 30 foot Island Hopper U.S., Coast Guard certified vessels. Both have roofs and enclosures. Both have seat benches along both sides and across the front, are. certified to carry 22 passengers, and have a 32 inch draft. Both vessels have already transported passengers to and from the "Train" dock to the Pigeon Key Island dock and return. Therefore, both vessels have demonstrated the ability and capacity to use these landing facilities. Paradise Divers currently has a contract in place for dockage at Knight's Key marina directly behind the Pigeon Key "Train" which is their gift shop in Marathon. The guests, educational groups, service contractors, delivery personnel currently only have to walk 50 feet behind the train to embark onto *Jr addition, we have the ability to open the delivery gate located immediately adjacent to the "Train" for the delivery vehicles, tour buses, etc. to unload their goods and/or passengers directly onto our dock facility and vessel. Attached are the current Certificate of Inspection documents for both vessels, which �ocument that both vessels meet all United States Coast Guard requirements. P?r?4FZ First trip leaves Knights Key at 10:00 A.M and returns from Pigeon Key at 10:15 A.M. 2nd trip leaves Knights Key at 1 * 2P.M. and returns from Pigeon Key at 12:15 P.M. Third trip leaves Knights Key at 2:00 P.M. and returns from Pigeon Kek� at 3:30 P. M. a nd returns f rom Pigeon Key at 4:00 P. M. Paradise Divers, Inc. RFP - Temporary Ferry Service as late as 9:00 P.M. The trips outside of the base ferry service times are to accommodate the educational group schedules. Eachstaff member is able to perform all functions needed to safely, efficiently, timely, and happily transport persons and goods from Knights Key to Pigeon Key. They are all currently performing these functions. All of our captains have a variety of past experience in operating vessels. Some of the past duties include; operating a ferry boat out of Long Island NY, operating tug Wildlife consultant, Boy Scouts of America sailing vessel charter captain, American Sailing Association Instructor, live aboard vessel captain, charter boats operated out of Fort Lauderdale FL. All captains and deckhands have several years of local water experience and navigation. ' Operating Plan: RFP:Page 8(continued from page 7,3.A`) Service Disruption Contingency Plan: � As previously discussed, Paradise Divers currently owns and operates both vessels as the Temporary Ferry Service between Marathon and Pigeon Key. Both vessels have the functional capacity of 22 passengers, plus two crew. Both vessels have the ability toperform all ofthe daily base service duties at v any time, |fone vessel has aproblem, whether itbe anequipment failure mranout-of-aervice I inspection, the other vessel is in position to immediately perform the service required. Not only is Larry 0 Wright our owner but heisalso anexperienced engine technician and one mfour captains. VVeare I definitely able to maintain our vessels and respond to any emergency, equipment failure orbreakdown. � Operating Plan: RFP:Page 8(continued from page 7,3.Aj 0 Passenger Service Plan: As the current operator of the Pigeon Key Ferry service during the past 7 years, we have not had a single customer complaint. All of our crew are able to happily talk to all customers, smile, be very friendly, fun loving, and make the entire experience enjoyable. As previously discussed our communication system with the Pigeon Key staff is very efficient. All of our staff have the cell phone numbers of the pertinent Pigeon Key staff and vice versa. We communicate regularly. If there are any schedule changes, everyone is aware of the details and how to perform. Paradise Divers also encourages and actively pursues other local businesses to place their business cards, menus, rack cards, etc. with us for distribution to the � �