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5th Amendment 06/27/2020 °C `° °' Kevin Madok, CPA %3`., 6 j; i �r Clerk of the Circuit Court&Comptroller—Monroe County, Florida 11�aN DATE: June 29, 2020 TO: Judith Clarke, PE, Director Engineering/Roads& Bridges ATTN: Nicole Twyman FROM: Pamela G. Hancoctk).C. SUBJECT: June 17'BOCC Meeting Attached is an electronic copy of die following item for your handling: Cl0 5th Amendment to the Contract with Paradise Divers, Inc. for Temporary Ferry Service to Pigeon Key, to extend the expiration date to June 30, 2021 at the total contract cost of $255,252.00 with contributions from FDOT in the amount of$137,500.00; City of Marathon in the amount of$19,143.90;and Pigeon Key Foundation in the amount of$1,408.10.The County's annual contribution is $97,200.00. Should you have any questions please feel free to contact me at (305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 AMENDMENT 5 TO THE CONTRACT FOR TEMPORARY FERRY SERVICE BETWEEN THE CITY OF MARATHON AND PIGEON KEY THIS CONTRACT AMENDMENT is entered into this 17th day of June,2020 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 10th 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'h day of May,2016,the parties amended the contract to extend the contract expiration date for an additional year; and WHEREAS,on the 17th day of May,2017,the parties amended the contract to add wording to Section 22.0 Public Access and to extend the contract expiration date for an additional year;and WHEREAS,on the 2011'day of June,2018,the parties amended the contract to extend the contract expiration date for an additional year and to change the Contractor access location to the Pigeon Key Visitor's Center at Hyatt Place located at 2010 Overseas Highway,Marathon,FL 33050;and WHEREAS,on the 194"day of June,2019 the parties amended the contract to extend the contract expiration date for an additional year and amend the monthly fee for transportation of passenger and/or goods for the hours of 10:00am through 4:00pm as described in the Base Service to$21,271 per month; Based on$699.32 per day for 365 days per year;and NOW THEREFORE,in consideration of the mutual promises and considerations,the parties agree to exercise the County's option to renew the contract and to amend the contract as follows: I. 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 1,2020 and terminating June 30,2021 in accordance with subsection B below. 2. In all other respects the Contract dated June 10,2015 as amended on May 18,2016,May 17,2017, June 20,2018,and June 19,2019 remains in full force and effect. [REMAINER OF PAGE INTENTIONALY LEFT BLANK] Amend. 5 Paradise Divers Page 1 of 2 ,..EN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly autbmlzed representative. (SEAL). BOARD OF COUNTY COMMISSIONERS Attest:KEVR4 M/ADOK,CLERK OF MONROE CO ORIDA By, Kflg—w.t- By As Deputy Clerk ayo airman WITNES • PARADI DIVERS,INC. By "-�/�/ By G(Q '"��%_ By (.J,1( /Prv- 4/t.o r r1_16 Title iT d.n •NOY0.0ECO YIT'AROMTY J CSRISTMELMERT BARROWS T coon ATTORNEY DATE 5/12/20 O 2: ` _ �`- C c :> Z -7 ' N a EO -- 2 m - O to CI Amend. 5 Paradise Divers Page 2 of 2 A�a CERTIFICATE OF LIABILITY INSURANCE DATE IM .V Y YI 03/20/2020 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. T11IS CERTIFICATE OF INSUMNCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: H the certificate holder Is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. I/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 endoreement(s). PRODUCER CONTACT Mina Chiappo x8I Insurance Group PHONE ac No Ea. 1305)556-1488 IFa Not.13051556-3Eeo B181 Northwest 154th Suite 230 ssalinac@nsigroup.org INSUREMSIAFFORDING COVERAGE NAICII Miami Lakes FL 33016 _ _ saunaRA:Great Lakes Reinsurance (UK) Gzlake INSURED INSURER B; Paradise Divers Inc. INSURER C: INSURER D: 31243 Ave E INSURERE: ._ Big Pine Key FL 33043 INSURERF: COVERAGES CERTIFICATE NUMBER:CL1622511156 REVISION NUMBER: 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 SY PAID CLAIMS. INSR AGOL SUER POLICY EFF POLICY ESP 11MIR LEN TYPE OF INSURANCE Nan ynn POLICY NUMBER IMMTOIWYYI IMPTW NDYI COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 A —1 CLAIMS-MADE Li OCCUR R Incl Passenger Liability X CSBYP/180053 2/23/2020 2/23/2021 MED EXPEA one Person) 10 000 H Incl Crew Liability PERSONAL&ADV INJURY GEN'L AGGREGAT1E LIMIT APPLIES PER. ' GENERAL AGGREGATE 1,000,000 POLICY I JJECT LOC 'PRODUCTS-COMP/OPAGG OTHER. UNSursd Resler 100,000 AUTOMOBILE UABILRY $ T CEOMccideN SINGLE LIMIT ANY AUTO BODILY INJURY IPa perem) ,ALL OWNED I— SCHEDULED BY - BODILY INJURY(Per ctide1) I AUTOPRO HNEDSADros AUTOS AUTOS 0 WAN EACH WerrPEE naccidentrAGE UMBRELLA NAB OCCUR wMY— � EACH OCCURRENCE EXCESS LIAR CLAIMS-MADE AGGREGATE DED RETENTION WORKERSCOMPENSATOR AND EMPLOYERS'WD IUtt Y/N ANY PROVEIMBER XCLUDE,EXELOTIVE EL.EACH ACCIDENT OFEXCLUDED? NA Wliddory in NM E.L.DISEASE-EA EMPLOYE- DE CRIPLION hcI OF OPERATIONS DESON OPERATIONS below EL.DISEASE-POLICY LIMIT 1988 30' Island Bopper Hull Value 52,000 "Paradise Diver IVr" DESCNPTION OF OPERATIONS I LOCATIONS I VEHICLES ACORD 1e1,Addiloael Remelts RCMEUM,may in iWehed N more space M raquIM) Dive boat operation located at 1 Knights Key Blvd, Marat ca, FL and 1240 Overseas Hwy, Marathon FL Hull $52,000; Ded $3,640, w/S Ded $7,280, Towing $500, PSI $1,000,000; bed $2,500, Crew Liability 51,000,000; Dad $2,500, Passenger Liability $1,000,000; Dad $2,500, Pollution Liability $1,000,000; Ded $2,500, medical Payments $10,000; Dad $100, Uninsured Boater $100,000 ADDITIONAL INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF, NO110E WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTHORIZED REPRESENTATIVE /J Oscar Seikaly/ALINA O.e_. S ®1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD INS025(201401) AC a CERTIFICATE OF LIABILITY INSURANCE D"'EIMM"D " 3/20/2020 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(km)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). CONTACT Anna chiappo PRODUCERNAME: NSI Insurance Grove v,rt Fen. (305)556-1488 FAX No:OF"ssc-3680 MADDREF8181 Northwest 154th Suite 230 A SSalina@smig.va INSUREMS)AFFORDING COVERAGE NAIC a Miami. Lakes E'L 33016 INSURER A:Great Lakes Reinsurance (UK) Grlake INSURED INSURER B: _ Paradise Divers Inc. NSURERc:_ _ INSURER 0: 31243 Ave E INSURER E: - Big Pine Rey FL 33043 INSURER F: COVERAGES CERTIFICATE NUMBER:CL1622511152 REVISION NUMBER: 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 PAID CLAIMS. INSR TYPE OF INSURANCE [AWL SUER POLICY EFT POLICY EXP 1 LTR JDO POLICY NUMBER IMMM1MYYYYI IMMLD/YWYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 DAMAGE TO RENTED A CLAIMS-MADE OCCUR PREMISES ITT owTence) X Inc/ Passenger Liability X CSRYP/1B0857 2/23/2020 2/23/2021 MED EXP(Any one person/ X Inc/ Craw Liability PERSONALS ADV INJURY GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 1,000,000 I POLICY JTECT LOC PRODUCTS-COMP/OP AGG _,I OTHER. Uninsured Boaters UtIN 100,000 AUTOMOBLE UTILITY COMBINEDSINGLE LIMIT rANY AUTO BODILY INJURY(Per peal) ALL OWNED ISCHEDULEO � � �pel BODILY INJURY(Per eCUHMM) AUTOS AUTOS � PROPERTY DAMAGE NU (Per Resident! BY AUTOS BY UMBRELLA OAR DATE.------3 24 2020 EACH OCCURRENCE _ OCCUR y �� EXCESS MAB CLAIMS-MADE WNW r P \ AGGREGATE _. QED RETENTION S WORKERS COMPENSATOR PER OTH W Y ANT EMPLOYERS' OMTY STATUTE ER ANY PROPRIETORNARTNER,EXECUTIVE IN [] NIAI E.L.EACH ACCIDENT Mandatory In MO EXCLUDED? EL.DISEASE-EA EMPLOYEE yes,describe under OF OPERATIONS EN DESCRIPTION OF O Sow EL DISEASE-POLICY LIMIT 1987 30" Island mapper Hui value 45,000 • "Paradise Sea Diver" 1 DESCRIPTIONt OPERATati I LOCATIONS I VEHICLES (ACORD 101,As Remarks SeMMM,may be , FL If mars aped is remand) Dive boat operation located at 1 Knights Key Blvd, Marathon, PL and 1240 Overseas Bcy, Marathon FL Hull $45,000; Ded $3,150, W/S Ded $6,300, Towing $500, PEI $1,000,000; Dad $2,500, Crew Liability $I,sot,000; bed $2,500, Passenger Liability $1,000,000; Ded $2,500, Pollution $1,000,000; Ded $2,500, Medical Payments $10,000; Ded $100, Uninsured Boater $100,000 ADDITIONAL INSURED CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County BOCC THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN 1100 Simonton Street ACCORDANCE WITH THE POLICY PROVISIONS. Key West, FL 33040 AUTNONZED REPRESENTATIVE Oscar Seikaly/ALINA CLc am--- 5---- 401988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS026(201401) Aug. 12. 2019 9: 1BAM Boulaer University Inn No. 0635 P. 1 Medlin MONROS COUNTY,FLORIDA REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS_ It is requested that the insurance requirements.as specified in the County's Schedule oflmannce Requirements.be waived or modified an the Ibllowingcontract. anrmnrvvmdor: Partie5sc avers_ TlvC, Project or Sent o: l-A1 toil lag Ar7 5ev✓7aversotorN Gd- ndor Add hhe : 'Vain 4-6,6. E. 131 Av.. kt 0 333e43 Subs-92-3-0694 e Geode Scope ofWOdo l ikon kW Ferrj Str✓1tt_ ....._ Reran farW Weer or workers inn A"15014 4ppl Mml&nhar, f —r— TV a ESS —7r'fl1'y Cc 9 tn. MSIfn oe or will actrwl�tS' °Wcc InL P licks W I will apply so: stunnres ofcanuntor/Vendon (y --, -%�}. W 4'I Dale; 3-24-2020 Appwnd ^ Not Approved gMtM.mSemangisenwee Maria L. Slavik 3-24-2020 - o.ki Canty AdminManorappeol: Approved: ._.. Not Approved: Dee: Boma°WCoody Crmmdnlaws"pal: Approved: Not Approved: Medq Dote: MmMYrlln tnmelbe 7500.7 iM t c JIMMY PATRONIS CHIEF FINANICAL OFFICER STATE OF FLORIDA DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS'COMPENSATION * CERTIFICATE OF ELECTION TO BE EXEMPT FROM FLORIDA WORKERS'COMPENSATION LAW'* NON-CONSTRUCTION INDUSTRY EXEMPTION This certifies that the individual listed below has elected to be exempt from Florida Workers'Compensation law. EFFECTIVE DATE: 9/4/2019 EXPIRATION DATE: 9/3/2021 PERSON: LARRY WRIGHT EMAIL: LARRYWRIGHT60@YAHOO.COM FEIN: 650718898 BUSINESS NAME AND ADDRESS: PARADISE DIVERS INC 31243 AVE E BIG PINE KEY, FL 33043 SCOPE OF BUSINESS OR TRADE: Diving-Marine IMPORTANT:Pursuant to Chapter 440 05(14),F.S..an officer of a corporation who elects exemption from this chapter by Ming a certificate of election under this section may not recover benefits or compensation under this chapter.Pursuant to Chapter 440.05(12),F.S..Certificates of election to be exempt...apply only within the scope of the business or trade listed on the notice of election to be exempt.Pursuant to Chapter 440.05(13).F.S.,Notices of election to be exempt and certificates of election to be exempt shall be subject to revocation if,at any time after the filing of the notice or the issuance of the certificate,the person named on the notice or certificate no longer meets the requirements of this section for issuance of a certificate.The department shall revoke a certificate at any time for failure of the person named on the certificate to meet the requirements of this section. DFS-F2-DWC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 08-13 E01043565 QUESTIONS?(850)413-1609