Item C07BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: June 15, 2011 Division: Administrator
Bulk Item: Yes X No _ Department: Engineering Services
Staff Contact Person/Phone #: Judy Clarke X4329
AGENDA ITEM WORDING: Approval to execute Amendment 2 to the Contract with Paradise
Divers, Inc. for the Temporary Ferry Service to Pigeon Key to extend the term of the contract to expire
on June 30, 2012.
ITEM BACKGROUND: Florida Department of Transportation (FDOT) agreed to provide an
additional year of funding for the ferry service. The contract with Paradise Divers allows the contract
term to be extended.
PREVIOUS RELEVANT BOCC ACTION: At the February 2010 meeting (item C-30), the BOCC
gave approval to advertise a Request for Proposals for the Pigeon Key Ferry Service to provide service
from July 2010 through June 2013. At the March 2010 meeting (item C-22), the BOCC adopted
Resolution 094-2010 approving Amendment 1 to the JPA with FDOT to increase the total contract
amount by $250,000.00 to fund operation of the Pigeon Key Ferry through June 2011. At the March
2011 meeting the BOCC approved amendment 2 to the JPA that provided an additional $250,000 to
fund the ferry service through June 30, 2012.
CONTRACT/AGREEMENT CHANGES: Extend term of contract to June 30, 2012.
STAFF RECOMMENDATIONS: Approval of Amendment 2 as requested above.
TOTAL COST: $250,000 INDIRECT COST: _NIA BUDGETED: Yes X No _
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: -0- SOURCE OF FUNDS: FDOT Grant
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
&MB/Purchasing
APPROVED BY: County Attu J _ Risk Manageme
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Paradise Divers
Contract #
Effective Date:
7/01/2010
Expiration Date:
6/30/2011
Contract Purpose/Description:
Amendment Two extends the term of the contract for one additional year until
June 30, 2012.
Contract Manager: Judy Clarke
4329
En ineerin #1
(Name)
(Ext.)
(Department/Stop #)
for BOCC meeting on 6/15/2011
Agenda Deadline: 5/31/2011
CONTRACT COSTS
Total Dollar Value of Contract: $ 250,000 Current Year Portion: $ 250,000
Budgeted? Yes® No ❑ Account Codes: " -z 7-5
Grant: $ 250,000 - - - -
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. i
CONTRACT REVIEW
uti
Changes Date Out
Date In Needed - evi wer
Division Director Yes[o] Nol. �:
Risk Manag nt 1 Yes[-] Nod Aa
Z t
w
O.M.B./Purc asing d� Yes[:] No
County Attorney fYes❑ No
Comments:
OMB Form Revised 2127/01 MCP #2
AMENDMENT 2 TO THE
CONTRACT FOR TEMPORARY FERRY SERVICE
THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is
1100 Simonton Street, Key West, FL 33040, hereafter the County, and PARADISE DIVERS,
INC., whose address is 1821 Bittersweet Avenue, Big Pine Key, FL 33043, hereafter the
Contractor.
Section 1. Amendment to Contract Term: The Contract between the parties is hereby
amended to extend the Contract term to June 30, 2012.
Section 2. Force and Effect. In all other respects the Contract dated June 16, 2010 remains
in full force and effect.
Section 3. Effective Date. The effective date of this Contract Amendment is June 15, 2011.
IN WITNESS WHEREOF each party hereto has caused this Contract to be executed by its duly
authorized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
LON
Deputy Clerk
(SEAL)
Attest:
F
Title
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I:
Mayor/Chairman
AMENDMENT 1 TO THE
CONTRACT FOR TEMPORARY FERRY SERVICE
THIS CONTRACT AMENDMENT is entered into between Monroe County, whose address is
1100 Simonton Street, Key West, FL 33040, hereafter the County, and PARADISE DIVERS,
INC., whose address is 1821 Bittersweet Avenue, Big Pine Key, FL 33043, hereafter the
Contractor.
Section 1. The Contractor shall utilize the U.S. Department of Homeland Security's E-
Verify system, in accordance with the terms governing the use of the system to confirm the
employment eligibility of all persons employed by the Contractor and assigned to perform work
pursuant to the Contract. The Contractor agrees to provide written confirmation to the County that
it has complied with this requirement.
Section 2. Force and Effect. In all other respects the Contract commencing July 1, 2010
remains in full force and effect.
Section 3.
IN �VIT�Y]
($A)
�I
(SEAL)
Attest:
By
Title
Effective Date. The effective date of this Amendment is March 16, 2011.
WHEREOF each party hereto has caused this Contract to be executed by its duly
KOLHAGE, CLERK
Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Ma/or/C&&an
PARADISE DIVERS, INC.
Temporary Ferry Service Between the City of Marathon and Pigeon Key
CONTRACT
THIS AGREEMENT, made and entered into this 16th day of June, 2010, 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 follows:
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
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.
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 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 twelve months, commencing July 1, 2010 and
terminating June 30, 2011.
B. The County shall have the option to renew this agreement after the first term of
twelve months, and each succeeding term, for four additional twelve-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
or 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 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 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: 1)
Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on
the basis of race, 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.
11.0 INSURANCE
Prior to execution of this agreement, the contractor shall famish the County Certificates
of Insurance indicating the following minimum coverages:
Worker's Compensation
Employers' Liability Insurance
limits
employee
Jones Act Coverage
Vehicle Liability
(Owned, non -owned and hired vehicles)
limit
General Liability, including
limit
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)
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy
$1,000,000 Disease, each
$1,000,000 per occurrence
$1,000,000 per occurrence
$1,000,000 combined single
$1,000,000 combined single
$10,000 per Occurrence
Garage Keepers Legal Liability
Limit
(required only if respondent provides
valet parking service as part of activities.)
Water Craft Liability
Pollution Liability Insurance
$1,000,000 Combined Single
$1,000,000 times maximum
passenger rating
(50 passengers • $50,000,000 limit)
$1,000,000 per occurrence
$2,000,000 aggregate
The Monroe County Board of County Commissioners will be included as "Additional
Insured" on all policies, except workers compensation, issued to satisfy the above
requirements. All forms of insurance required above shall be from insurers acceptable to
the County.
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:
For the County:
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
For the Contractor:
and Monroe County Attorney
P. O. Box 1026
Key West, FL 33041-1026
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. The County
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 terns,
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 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.
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 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 the 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, 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 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 signing 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.
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)
COMMISSIONERS
Attest: DAN�-N(�1Y L. K�O� L_HAGE, CLERK
� ByOA Q��.a1
Deputy Clerk
(SEAL)
Attest:
By: _
WITNESS
Title:
By:
WIT SS
Title:
Fro�
BOARD OF COUNTY
Mayor/Chairman
CONT TOR
By:
Titl : i Ae 4 �6n
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EXHIBIT A
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DESCRIPTION OF SERVICES TO BE PROVIDED:
Operating Plan: RFP: Page 139 A.
1. Passenger Transport: Passenger 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 Earthmark
Corporation 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 safest, most efficient mute.
Our utmost concern is to always accommodate our passengers for their comfort and safety fast and
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 10 to 15 minute travel time. Each boat is certified to carry 22 passengers. Each boat individually
exceeds the functional capacity of 22 passengers per 90 minute interval in each direction.
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between Marathon and Pigeon Key
May 5, 2010
Operating Plan: RFP: Page 13, A. - Passenger Transport: cont'd
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.
Service Schedule: RFP: Page 7
The base service would be as follows:
1 sT trip leaves Knights Key at 10:00 A.M and returns from Pigeon Key at 10:30 A.M.
2"d trip leaves Knights Key at 11:30 A.M. and returns from Pigeon Key at 12:00 P.M.
3rd trip leaves Knights Key at 1:00 P.M. and returns from Pigeon Key at 1:30 P.M.
0 trip leaves Knights Key at 2:30 P.M. and returns from Pigeon Key at 4:00 P.M.
If needed a trip conducted 90 minutes prior to 10:00 A.M. and a trip conducted no later that 90 minutes
after 4:00 P.M. would be included to move staff, goods, equipment, fuel, trash, etc.
In addition, we propose to include an additional trip, as needed, from Pigeon Key to Knights Key that
leaves Pigeon Key at 3:00 P.M. to accommodate those guests who wish to return earlier than 4:00 P.M.
To clarify, we have run the 3:00 P.M. trip during the past contract period each day if there were guests
to return to Knights Key.
Operating Plan: RFP: Pg 6, 3. A.
Vessels and Proposed 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 and therefore have
the ability and capacity to use these landing facilities. Paradise Divers has a contract in plaice with
Farthmark Corporation for dockage at Knight's Key marina directly behind the Pigeon Key "Train"
which is their gift shop and Marathon side facility. The guests, educational groups, service
contractors, delivery personnel would only have to walk 50 feet behind the train to embark onto the
ferry boat. In 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 hispection documents for
both vessels, which document that both vessels meet all United States Coast Guard requirements.
Attached are also our Monroe County Business Tax licenses.
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between Marathon and Pigeon Key
May 5, 2010
Operating Plan: RFP: Pg 7, 3. A.
Staffing Commitment:
We currently employ 7 United States Coast Guard Licensed captains and three unlicensed deckhands.
All of our staff is hired with the understanding that ferry services may begin as early as 6:00 A.M. and
be as late as 10:00 P.M. The trips outside of the base ferry service times are to accommodate the
educational group schedules. Each staff 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 boats, operating transport barges, installing moorings, removing moorings, operating a
ferry boat out of Jacksonville FL, operating dive and snorkel vessels to local reefs, charter fishing
captains, Florida Fish and 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. Attached are copies of United States Coast Guard licenses.
Operating Plan: RFP: Pg 793. A.
Service Disruption Contingency Plan:
As previously discussed, Paradise Divers currently owns both vessels. Both vessels have the
functional capacity of 22 passengers, plus two crew. Both vessels have the ability to perform all of the
daily base service duties at any time. If one vessel has a problem, whether it be and equipment failure
or a breakdown, the other vessel is in position to immediately perform the service required. Not only
is Larry Wright an experienced engine technician, but also one of our captains is a certified diesel
mechanic. We are definitely able to maintain our vessels and respond to any emergency, equipment
failure or breakdown.
Operating Plan: RFP: Pg 79 3. A.
Passenger Service Plan:
During the past 2-1/2 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 has 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 when and why.
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 guests we carry every day. We have found
that guests love to hear about other local attractions, restaurants, hotels, beaches, functions, etc. We
have had great feedback that enhances Pigeon Key's image in providing this additional local
information. This system benefits our entire local economy.
SERVICE REQUIREMENTS: RFP: Pg.13, A.1. a.
Educational Groups:
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 the normal
operating hours. Many groups are large and utilize a tour bus. We have the ability to hire additional
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between Marathon and Pigeon Key
May 5, 2010
SERVICE REQUIREMENTS: RFP: Pg.13, A.1. a. — cont'd
Educational Groups:
vessels, if needed, to move the entire educational group. We can open the gate adjacent to the "Train"
to allow the bus to enter Knights Key through a delivery entrance to discharge the children and their
luggage immediately adjacent to our dock and vessel. This makes the arrival of the getups more
organized, the guests and students are in one location, and the vessels are right there at the dock. 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 transported groups as
early as 6:30 A.M. and as late as 10:30 P.M. We are as flexible as possible to accommodate Pigeon
Key and want to make sure that their guests and students have a great experience while visiting our
area. In addition. many times we utilize the staff trip, as discussed in a below to transport educational,
SERVICE REQUIREMENTS: RFP: Pg.13, A.1. b. Historic Tours:
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
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 situations
such as these we have trained our staff to contact the Executive Director and determine the most
appropriate course of action. Our staff can fill a temporary void when needed.
Contracted Functions and Guest House Use: RFP: Pg 14,1. 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 any one person was less than 30 minutes. We schedule the boats so
that no one was unduly delayed and everyone who wanted to be off the Island at a certain time was
accommodated. Our last trip from Pigeon 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 and 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 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.
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between Marathon and Pigeon Key
May 5, 2010
Foundation Staff.- RFP: Pg 14,1. e.
Foundation staff regularly utilizes the ferry service. Foundation staff transportation is accommodated
on as trip that is being performed at no charge. There is never a charge or an issue when one of the
staff needs to leave or return to the Island. Many tunes 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 essential. When needed we run a staff trip up to 90 minutes before and 90 minutes
after the base service hours of 10:00 A.M. and 4:00 P.M.
Emergency Access: RFP: Pg 14,1. L
Five of our captains reside in Marathon. An emergency response time to evacuate up to six persons
would be 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 tome to 45 minutes. There are currently two
small un-inspected vessels docked at the Pigeon Key Island dock. The staff is trained to run, navigate,
and evacuate the Island in case of emergency. Both Larry Wright and Linda Kruszka are First Aid and
CPR instructors and have certified the staff of 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. In addition, currently when Paradise Divers is announcing 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 crewmember to avoid a surprise situation. For example, an asthmatic would Iet the Master
and crewmember know where their inhaler is located. For guests who stay on Pigeon Key, they
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 surprises. 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.
SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 141 a. Consumables
Goods Transportation for consumables 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 trip time during the operating day. During these times, we would
consolidate our trips by 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 did not do that and the order was short, it would be difficult for Pigeon Key to
correct the situation.
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between Marathon and Pigeon Key
May 5, 2010
SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 14, a. Consumables —cont'd
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 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. We have
transported over 29,000 gallons of diesel fuel between Knights Key and Pigeon Key during the past 29
months. We have removed over 5,000 bags of trash, plus washing machines, refrigerators, furniture,
building materials, propane, and debris.
Equipment to fill the diesel tanks at the Island, which is the only dock at Pigeon Key, is in our
possession. 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" storage facility as needed We monitor the level of this storage tank and the level of the fuel
tank on the Island to make sure that there is enough fuel at either end to sufficiently power the
generator(s). 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 trip. We have time to clean and disinfect the boat prior to the next passenger trip.
This works extremely well for Pigeon Key. They know when to have the garbage at the dock and that
it will be promptly removed. This way no guests actually see any trash. In order to eliminate duplicate
expenses, we utilize the dumpster at the Pigeon Key "'Train". This dumpster is sufficient for the trash
from the Island.
SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 15, b. Other Material
Delivery of other materials such as tents, tables, chairs, other similar materials, catering 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 tracks 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
ofiloaded at the dock by our staff working closely with Pigeon Key staff to suit their time and
schedule.
SERVICE REQUIREMENTS: Goods Transport: RFP: Pg 15, c. Special Equipment
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.
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between Marathon and Pigeon Key
May 5, 2010
SERVICE REQUIREMENTS: RFP: Pg 16, B. Vessel Requirements
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. 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 Crab 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 safety
advisories and warnings that are issued. In addition, if in 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 trip 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.
SERVICE REQUIREMENTS: RFP: Pg 16, C. Docking and Operations Requirements
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 safety. Additional cleats have been added with permanent lines. Our boats can currently
land at both docks, so any additional modifications would not be necessary. Again, we have a current
and future contract with Earthmark Corporation for dockage rental at Knights Key. That is our
proposed Marathon side docking facility.
The parking facilities at the Pigeon Key "Train" are sufficient. There are a minimum of 15 parking
places, plus use of the historical parking across the street. This facility is sufficient for our purposes.
OPERATIONAL REQUIREMENTS: RFP: Pg 16
Paradise Divers has all operating permits and licenses required to safely, legally, and efficiently
operate 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 29 months has exceeded everyone's expectations. All of our staff wears uniforms, at our cost,
that are bright and embroidered with "Pigeon Key Ferry Service". At our cost, we have lettered our
vessel "Pigeon Key Ferry".
Paradise Divers, Inc. 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 The Maritime Consortium, Inc.
Paradise Divers, Inc.
RFP - Temporary Ferry Service Between Marathon and Pigeon Key
May 5, 2010
EXHIBIT A:
Monthly Fee for Passenger Transportation
8:30 AM through 5:30 P.M. — Base Service $20,833.33 per month
(Except for the Art Festival or other functions as noted)
Based on $684.93 per day for 365 days per year
Passenger Transportation Cost
Prior to 8:30 AN and after 5:30 PM $ 150.00 per round trip
Additional trips as needed for educational groups
84 round trips per year, included in budget
Passenger Transportation Cost
Before 8:30 AM and after 5:30 PM
For Pigeon Key Foundation Sponsored Events
For Contracted Functions
Goods Transportation Costs
Prior to 8:30 AM and after 5:30 PM
For Pigeon Key Foundation Sponsored Events
For Contracted Functions
Special Equipment Transport
$ 150.00 per round trip
$ 150.00 per round trip
$ 3,000.00 per occurrence